HomeMy WebLinkAbout09-19-2005 ITEM VIII-B-9CITY OF _
Ab -
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject Resolution No. 3915 for Application No. PLT05-0001
Date:
Division 1 and PLT05-0002 Division 2
9/14/2005
Department: Planning
Attachments: Resolution No. 3915, H.E.
Budget Impact:
Decision, Staff Report, Vicinity Map,
Application
Administrative Recommendation:
City Council to approve Resolution No. 3915 based upon the Hearing Examiner's Findings of Fact,
Conclusions and Conditions.
Background Summary:
The Hearing Examiner on August 9, 2005, conducted a public hearing on the request of Wayne Jones,
Lakeridge Development (Kersey III Division 1) and Joyce and Peter Bowles on behalf of Landholdings,
LLC (Division 2) for preliminary plat approval for 1) a 169 lot single family residential subdivision known as
"Kersey III Division 1," and 2) a 204 lot single family residential subdivision known at "Kersey III Division
2." The rezones (REZ05-0001 and REZ05-0002 and the planned unit developments (PUD05-0001 and
PUD05-0002) are being processed under Ordinance No. 5948).
The project is located on the west side of Kersey Way at 53rd St. SE, extending approximately 660 feet
south to the Auburn City limits (Pierce County line) and approximately 1320 feet west.
Subsequent to the hearing, the Examiner recommended to the City Council approval of the rezone and
planned unit development.
The City Council may now either affirm the Examiner's decision, remand to the Examiner or schedule a
closed record hearing. The Council can only modify or disaffirm the Examiner's decision after conducting
their own closed record hearing.
HEIORD 5948 FOR KERSEY 3
L0915-3
03.5 PLT05-0001,PLT05-0002
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
® Building ® M&O
❑ Airport ❑ Finance
❑ Cemetery ❑ Mayor
® Hearing Examiner ❑ Municipal Serv.
❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CD
® Fire ® Planning
❑ Park Board []Public Works
❑ Legal ❑ Police
❑ Planning Comm. ❑ Other
® Public Works ❑ Human Resources
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes []No Call for Public Hearing
Referred to Until —/—/—
Tabled Until _/_/_
Councilmember: Norman Staff: Krauss
Meetin Date: Se tember 19, 2005 1 Item Number: VII1.B.9
AUBURN* MORE THAN YOU IMAGINED
RESOLUTION NO. 3 9 1 5
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING A
PRELIMINARY PLAT APPLICATION FOR A 169 LOT
SINGLE FAMILY RESIDENTIAL SUBDIVISION
KNOWN AS "KERSEY III DIVISION I" AND A 204
LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION
KNOWN AS "KERSEY III DIVISION 2" WITHIN THE
CITY OF AUBURN, WASHINGTON
WHEREAS, Application Nos. PLT05-0001 and PLT05-0002, dated April
8, 2005, have been submitted to the City of Auburn, Washington, by Wayne
Jones on behalf of Lakeridge Development and Joyce and Peter Bowles on
behalf of Landholdings, LLC, requesting preliminary plat approval for a 169 lot
single family residential subdivision known as "Kersey III Division 1" and a 204
lot single family residential subdivision known as "Kersey III Division 2"; and
WHEREAS, said request referred to above was referred to the Hearing
Examiner for study and public hearing thereon; and
WHEREAS, pursuant to staff review, the Hearing Examiner conducted a
public hearing to consider said application in the Council Chambers of the
Auburn City Hall on August 9, 2005, of which the Hearing Examiner
recommended approval of the preliminary plats on September 9, 2005; and
WHEREAS, the City Council, on September 19, 2005, considered said
request and affirmed the Hearing Examiner's recommendation for preliminary
plat based upon the Findings of Fact, Conclusions and Recommendation which
is attached hereto as Exhibit "A" and incorporated herewith.
Resolution No. 3915
September 14, 2005
Page 1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Hearing Examiner's Findings, Conclusions and
Recommendation attached hereto as Exhibit "A" are herewith approved and
incorporated in this Resolution.
Section 2. The request for preliminary plat approval for a 169 lot single
family residential subdivision known as "Kersey III Division 1" and a 204 lot
single family residential subdivision known as "Kersey III Division 2" within the
City of Auburn, legally described in Exhibit "B" attached hereto and incorporated
herein by this reference, is hereby approved.
Section 3. The Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 4. This Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this day of 2005.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
Resolution No. 3915
September 14, 2005
Page 2
ATTEST:
Danielle E. Daskam,
City Clerk
D AS TO FORM:
96niel B. Hel
City Attorney
Resolution No. 3915
September 14, 2005
Page 3
BEFORE THE HEARING EXAMINER
FOR THE CITY OF AUBURN
In the Matter of the Application of
Lakeridge Development )
by Wayne Jones )
and }
Landholdings LLC )
by Joyce & Peter Bowles )
For a Rezone, a Planned Unit Development, )
and Preliminary Plat for Kersey III - )
Division I and Division II
NO. REZ05-0001, REZ05-0002
PUD05-0001, PUD 05-0002
PLT05-0001, PLT05-0002'
FINDINGS, CONCLUSIONS,
AND RECOMMENDATION
SUMMARY OF RECOMMENDATION
The Hearing Examiner recommends to the Auburn City Council approval of a rezone from R -i
Residential to Planned Unit Development of three parcels of land totaling approximately 89.31
acres, the request for approval of a Planned Unit Development, and the request for preliminary
plat approval, for Division 1 and Division 2 of Kersey III, a single-family residential subdivision,
subject to conditions. The Hearing Examiner recommends that the Applicants' request for
variances from the required front yard setback and total lot coverage design requirements be
DENIED.
SUMMARY OF RECORD
Request
Lakeridge Development, through Wayne Jones, and Landholdings LLC, through Joyce Bowles
and Peter Bowles, (Applicants) request 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 variance from certain design standards. The Applicants request a rezone of
three separate tax parcels from R-1 Single Family Residential to Planned Unit Development.
The Planned Unit Development and Preliminary Plat would allow 169 lots in Division 1 and 204
lots in Division 2. The variance would be from front yard setback and lot coverage requirements
applicable to the plat. The. subject property totals 89.31 acres. The property is located within
the city limits of Auburn, on the west side of Kersey Way at 53`s Street SE extending southward
to the King -Pierce County line. '
Hearing Date
An open record hearing on the request was held before the Hearings Examiner for the City of
Auburn on August 9, 2005.
Findings, Conclusions, and Recommendation
Hearings Examiner for the City of Aubum
Kersey III Rezone/PUD/Preliminary Plat
Testimony
At the open record hearing, the following individuals presented testimony under oath:
1. Mr. Steve Pilcher, Planner, City of Auburn
2. 1& Joseph Welsh, Transportation Engineer, City of Auburn
3. Mr. Scamporlina, Parks Department, City of Auburn
4. Mr. Chris Ferko, Barghausen Consulting Engineers, Applicants' representative
5. Mr. Rob Armstrong; Civil Engineer
6. Mr. Art Sidel, Landscape Architect .
7. Mr. Pat McBride, Building Architect
8. Ms. Micki Fassbind, neighboring property owner
9. Ms. Alice Dubeck, neighboring property owner
10. Mr. Jim Chambers, neighboring property owner
11. Ms. Kristi Knott, neighboring property owner
12. Ms. Joni Brooke, neighboring property owner
13. Mr. John Chaffee, neighboring property owner
14. Mr. Orlen Barnett, neighboring property owner
15. Ms. Diana Johnson, neighboring property owner
16. Ms. Tela Hill, neighboring property owner
17. Mr. Mark Hancock, Segale Properties
Exhibits
At the open record hearing, the following exhibits were admitted as part of the official record:
L Staff Report
2. Site Map
3. William & Deborah Jones - Rezone Application (REZ05-0001), PUD Application
(PUD05-0001), Preliminary Plat Application (PLT05-0001); Joyce and Elwood "Pete"
Bolles - Rezone Application (REZOS-0002), PUD Application (PUD05-0002),
Preliminary Plat Application (PLT05-0002); including Project Narrative and Findings
(revised April 5, 2005)
4. Preliminary Plat/PUD Map, prepared by Barghausen Engineers, dated July 17, 2005
5. Project Narrative and Findings (revised May 19, 2005)
6. Kersey III - Division I and Division 11- Conceptual Building Design Guidelines
7. Kersey III Draft Environmental Impact Statement, dated July 2004
8. Kersey III Final Environmental Impact StAtement, dated February 2005
9. Notice of Application for Division I, dated June 15, 2005; Notice of Application for
Division II, dated June 15, 2005
10. Notice of Public Hearing - Division I, REZ05-0001, PUD05-0001, and PLT05-0001
11. Affidavit of Posting of Legal Notice for Division II, REZ05-0002, PUD05-002, and
PLT05-0002
12. Affidavit of Posting of Legal Notice for Division I, REZ05-0001, PUD05-001, and
PLT05-0001
Findings, Conclusions, and Recommendation
Hearings Examiner for the City of Auburn
Kersey III Rezone/PUD/Preliminary Plat
13. E-mail dated July 26, 2005, from King County Journal confirming publication on July 29,
2005, of REZ05-0001, PUD 05-0001, PLT05-0001, REZ05-0002, PUD05-0002, and
PLT05-0002
14. Letter from City of Auburn to Mr. Ferko, Barghausen Consulting Engineers, dated June
8, 2005
15. Letter from City of Auburn to Mr. Ferko, Barghausen Consulting Engineers, dated June
27, 2005
16. Comment Response Matrix for Kersey III, Division I and Division 1I, with Engineer's
Responses, prepared by Barghausen Consulting Engineers
17. Letter from Barghausen Consulting Engineers, dated July 20, 2005
18. Letter from Barghausen Consulting Engineers to Bonneville Power Administration, dated
July 21, 2005, RE: BPA Easement
19. Colorized landscape plan for both Divisions and BPA Easement
20. Supplemental Memo from City of Auburn Planning Department to Hearing Examiner,
dated August 5, 2005
21. Comment Letter from Segale Properties, dated August 9, 2005
22. Letter from City of Auburn to Hearing Examiner, dated August 15, 2005, RE: Auburn
School District
22A. Letter from Barghausen Consulting Engineers to Auburn School District, dated August
10, 2005
22B. Letter from Auburn School District to City of Auburn, dated August 11, 2005
23. Public Comment Memo from Tom Tracht, received August 9, 2005
Upon consideration of the testimony and exhibits submitted at the open record hearing, the
Hearings Examiner enters the following Findings and Conclusions:
FINDINGS OF FACT
GENERAL FINDINGS:
Lakeridge Development, through Wayne Jones, and Landholdings LLC, through Joyce
and Peter Bowles, (Applicants) by and through their representative, Mr. Chris Ferko of
Barghausen Consulting Engineers, requests 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 property is located
on the west side of Kersey Way at 53rd Street SE, extending southward to the King -Pierce
County line. The parcels are within the city limits of Auburn and King County. Exhibit
1, Staff Report pages 1 and 3; Exhibit 3, Rezone and PUD Applications; Testimony of
Mr. Pilcher.
2. Applicants have also requested approval of a PUD and Preliminary Plat for Division I
and Division 11 of Kersey III. Applicants propose to develop both divisions in two
phases. Applicants propose to develop Division I with 169 lots, with an average density
of 3.34 dwelling units per acre, and an average lot size of 5,032 square feet. Applicants
propose to develop Division II with 205 lots, with an average density of 5.35 dwelling
Findings, Conclusions, and Recommendation
Hearings Examiner for the City of Auburn
Kersey III Rezone/PUD/Preliminary Plat
units per acre, and an average lot size of 4,863 square feet. The overall project density is
4.17 dwelling units per acre for both divisions. Both divisions will be developed as
single-family residential; no multi -family is being proposed. Exhibit 3, Preliminary Plat
Application and Narrative; Exhibit 4, Site Plan.
3. Applicants have also requested a variance from certain design requirements set forth in
Auburn City Code (ACC) 18.69.070(A). They seek a reduction in the front yard setback
to 10 feet and an increase in the total allowable lot coverage to 50%. Exhibit 5, Project
Narrative; Exhibit 20, Planning Dept. Memo, Part 1.
4. Three parcels of land are the subject of this proposal. Division I is comprised of 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 is owned by Joyce and Elwood
"Pete" Bolles (Landholdings LLC). All three parcels are within the city limits of Auburn.
Exhibit 1, Staff Report, page 3; Exhibit 3, Rezone, PUD, and Preliminary Plat
Applications.
5. The parcels are currently zoned R-1 Single Family Residential and are designated as
Single Family Residential under the,City of Auburn's Comprehensive Plan. The 300 -
foot easement located on the western border of Division I is designated as Open Space
under the City's Comprehensive Plan. Exhibit 1, Staff Report, page 1; Exhibit 3, Rezone
Applications and Narrative; Exhibit 7, DEIS, Chapter 3.5 - Land Use.
6. All applications - rezone, PUD, and preliminary plat - for Kersey III, Division I and
Division II, are being processed by the City concurrently and were consolidated at the
public hearing. Testimony of Mr. Pilcher.
Notice of Application was issued on June 15, 2005, for Division I of Kersey III. Notice
of Application was issued on June 15, 2005, for Division II of Kersey III. Exhibit 9.
8. Notice of the public hearing was posted on the property on July 28, 2005. Notice of the
public hearing was mailed to all property owners located within 300 feet of the affected
site and published in the King CountyJournal on July 29; 2005.1 Exhibits 10, 11, 12, and
13.
9. Public testimony was received into the record at the public hearing and submitted as part
of the environmental review for the proposal. Public comment pertained primarily to
impacts of the development on traffic, wildlife, vegetation, schools; water supply, storm
' Exhibit 10 is a copy of the Notice of Public Hearing for Division I; Exhibit I 1 is the Affidavit of Posting for
Division II; and Exhibit 12 is the Affidavit of Mailing for Division I. Exhibit 13 is the confirmation from the King
County Journal for publication of Notice of Public Hearing of all applications for both Division I and Division U,
Though a copy of the Notice of Public Hearing and the Affidavit for Mailing in regards to Division II and a copy of
the Affidavit of Posting in regards to Division I were not submitted into the record, the Hearing Examiner presumes
that notice procedures were complied with, especially due to the confirmation from the King County Journal that a
notice of public hearing was published on all applications,
Findings, Conclusions, and Recommendation
Hearings Examiner for the City of Auburn
Kersey III Rezone/PUD/Preliminary Plat
water runoff, and the overall density of homes. Exhibit 8, FEIN, Comments -Response to
Comments, Chapter 3.0, pages 27-128; Testimony of Ms. Fassbind, Ms. Dubeck Mr.
Chambers, Ms. Knott, Ms. Brooke, Mr. Chaffee, Mr. Barnett, Ms. Johns, Ms. Hill, and
Mr. Hancock2
10. At. the public hearing, the Hearing Examiner left the record open to allow for the Auburn
School District, the district affected by the proposal, to submit comments. The District's
comments were received into the record on August 16, 2005, and the Hearing Examiner
issued an order officially closing the record as of that date.
SPECIFIC FINDINGS: REZONE, PLANNED UNIT DEVELOPMENT, PRELIMINARY
PLAT, and REQUEST FOR VARIANCE
Pursuant to ACC 18.68.020(A)(1), a rezone is an amendment to the Zoning Map and may
be initiated by a request from one or more property owners. The Applicants are the
owners of the property. involved in this rezone request. The Applicants filed an
application with the City on April 8, 2005. ACC 18.68.020; Exhibit 3, Rezone
Applications.
2. Surrounding land uses consist of residential development and vacant lands. Residential
development is comprised of low and semi -rural densities in the east and south, with the
possibility of higher density PUD development to the west (Kersey III, Division III).
Land west of Kersey III, Division III is comprised of Lakeland Hills, a high density PUD
development. Land to the north is a mixture of vacant land and natural (mineral)
resource lands. Exhibit 1, StgfReport, page 2; Exhibit 7, DEIS, Chapter 3.5 Land Use;
Exhibit 21, SegaleACON Letter (aerial photographs).
3. The R -I zone is intended to create a living environment of optimum standards for single-
family detached dwellings by limiting development to relatively low degrees of density.
This district allows for one dwelling unit per 8000 square foot lot. A PUD zoning district
is intended to offer enhanced flexibility for developing a site by utilizing innovative and
alternative development standards and allowing for a greater range of residential
densities. A PUD is required to provide a significantly higher quality development,
generate more public benefit, and be a more sensitive proposal than it would have been
using standing zoning and subdivision procedures. ACC 18.12.010, -ACC 18.69.010.
4. RCW 36.70A, Washington's Growth Management Act, requires the City of Auburn to
develop a Comprehensive Plan.3 Pursuant to several sections of the ACC", a rezone,
2 For the purpose of this decision, public testimony/comment cited to in this recommendation will be a
representation of the testimony/comment received and, due to the large volume of comments, will not include all
members of the public who presented testimony/comment into the record. The Hearing Examiner does note that all
rublic testimony/comment was considered for the purpose of making this recommendation.
The City ofAuburn's Comprehensive Plan was originally adopted in August 1986. It has been amended in 1995,
2003, and 2004.
Rezone - ACC 18.68; PUD - ACC 18.69; Plat - ACC 17.06
Findings, Conclusions, and Recommendation
Hearings Examiner for the City of Auburn
Kersey III Rezone/PUD/Preliminary Plat
PUD; and plat must be consistent and/or in accordance -with the City's Comprehensive
Plan. An analysis of the proposal's consistency with the Comprehensive Plan is
provided for in the Draft Environmental Impact Statement (DEIS), issued July 2004. The
DEIS reviewed 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. Exhibit S, Project Narrative, page 6; Exhibit 7, DEIS,
pages 77-86.
A conclusion of the DEIS is that the development of the parcels was generally consistent
with the "Single Family Residential" Comprehensive Plan designation. The DEIS
reviewedseveral Land Use Element Policies such as LU -14 (single family residential
density should not be greater than six units per acre); LU -18 (topography, circulation, and
amenities should guide development); LU -20 (development standards should be flexible
so as to encourage urban development and protect critical areas; PUDs allow for
deviations in exchange for enhanced standards and protection); LU -25 (residential units
should be oriented away from arterial roadways); and LU -26 and LU -27 (development
should utilize and preserve natural features, and open spaces and parks should be
designed to separate incompatible uses). The DEIS reviewed several Capital Facilities
Element Policies such as CF -1 (urban level essential public facilities - sewer, water,
storm drainage, and parks - must be developed prior to or concurrent with development);
CF -2 (fire and police services must not be reduced elsewhere); CF -3 (developers must
provide facilities unless public funds are available); CF -13, CF -16, and CF -18 (water
system policies); CF -23, CF -25, CF -27 (sewer system policies); CF -37, CF -38, CF -39,
and CF -45 (storm drainage policies); and CF -52 and CF -53 (water quality - natural
hydrology). The DEIS reviewed several Transportation Element Policies such as TR -13
(develop an efficient transportation system by spreading vehicle movement, including
ingress/egress to development and internal streets); TR -21 (applicants must assume a
portion of the construction costs of the transportation systems that serve development);
TR -43, TR -44, and TR -45 (sidewalks, trails, and other walking facilities); and TR -61
(impact of road construction on environment and natural resources). The DEIS reviewed
several Environmental Element Policies such as EN -3 (minimized degradation of surface
water quality and aquatic habitat); EN -4, EN -6, EN -10, EN -16, and EN 17 (regulate and
mitigate storm water discharge); EN -13 and EN -14 (water quality and habitat); EN -23,
EN -24, EN -25, EN -26, EN -27, EN -28, and EN -84 (endangered species, habitat
conservation, wetland protection); EN -32 (native vegetation preservation); and EN -68,
EN -72; and EN -73 (geotechnical hazards). The DEIS reviewed several Parks,
Recreation, and Open Space Element Policies such as PR -2 and PR -4 (development of
parks at a level commensurate with demand); PR -7 (buffering between incompatible uses
with open space); PR -8 (preserve critical/hazard areas as open space); and PR -12 (non -
intensive development) Exhibit 7, DEIS, pages 77-86.
6. ACC 18.68.030(B)(i) requires the Director of Planning and Community Development to
review a rezone application for consistency with the City's Comprehensive Plan. if the
Director determines that the application is consistent, the application shall be scheduled
for a public hearing. The Director determined that the application was consistent, and
Findings, Conclusions, and Recommendation
Hearings Examiner for the City of Auburn
Kersey III Rezone/PUD/Preliminary Plat
the required public hearing was held on August 9, 2005. ACC 18.68.030; Exhibit 1, Staff
Report, page 6.
7. When considering a rezone, the Applicant has the burden of proof in demonstrating that
conditions have changed substantially since the original zoning and that the rezone bears
a substantial relationship to the public health, safety, morals, or general welfare. A
variety of factors may satisfy a change in circumstances including changes of public
opinion, local land use patterns, and circumstances relating to the property. ACC
18.69.150 provides specific criteria for justifying the rezone of land to a PUD
designation. ACC 18.68; ACC 18.69.150; Parkridge v. Seattle, 89 Wn.2d 454, 573 P.2d
359 (1978); Bjarnson v. Kitsap County, 78 Wn. App. 840, 846, 899 P.2d 1290 (Div. 1,
1995).
8. The three parcels have been zoned RI since 1987.5 In the narrative attached to the rezone
applications (Exhibit 5 - revised May 19, 2005) and in the Staff Report. The Applicants
and the City statethat. this area of the City has experienced significant development
because of Lakeland Hills, an existing PUD community of 3000+ homes to the west; the
overall market conditions in Puget Sound have created a trend towards the smaller lot
size found in a PUD zone; because the property's topography makes it more suitable to
the flexibility a PUD zoning district has to offer; the proposal complies with the goals of
the GMA; and because the proposal would create compatibility between the existing
Lakeland Hills PUD community and the proposed development.6 Exhibit 1, Staff Report,
pages 6-7; Exhibit 5, Narrative; Testimony of Mr. Pilcher.
9. Pursuant to the State Environmental Policy Act (SEPA), RCW 43.210, the City of
Auburn acted as lead agency for the review of environmental impacts caused by the
proposed preliminary plat. For the purpose of SEPA review, the City considered three
proposals. The fust 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. This
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 dwelling
units utilizing the City's PUD ordinance over the entire site. This alternative would
accommodate up to 628 single family lots and 18 multi -family lots. The final alternative
(No Action Alternative) would allow for development of the property under its current
zoning .designation, Rl, resulting in approximately 34 lots.. The Environmental hnpact
Statement (EIS) became final in February 2005. Exhibit 7, DEIS, pages 2-6; Exhibit 8,
FEIS.
10. At the hearing, the Applicants asserted that several comments being presented pertained
to environmental impacts and should not be considered because the SEPA process,
specifically the EIS, had been finalized. Although a challenge to the adequacy of the
Kersey III EIS can no longer be brought, the most important aspect of SEPA is the
5 In 1987, Auburn adopted its current zoning code.
6 Lakeland Hills is a PUD with approximately 3000+ homes on lots ranging from approximately 7,200 to 10,000
square feet. Applicants propose homes on lots ranging from approximately 3,800 to 8,400 square feet.
Findings, Conclusions, and Recommendation
Hearings Examiner for the City of Auburn
Kersey III Rezone/PUD/Preliminary Plat
consideration of environmental values. The key purpose of an EIS is to ensure full
disclosure and consideration of environmental information prior to the construction of a
project. Norway Hill v. King County Council, 87 Wn.2d 267, 552 P.2d 675 (1976). It is
from the impacts disclosed in the EIS that the decision -maker can make an informed
decision about the proposal. Public testimony at the hearing provided further detail in
this regard. Testimony of Ms. Fassbind; Testimony of Ms. Lubeck; Testimony of Mr.
Chambers; Testimony of Ms. Brooke; Testimony of Ms. Knott; Testimony of Mr. Barnett;
Testimony of Ms. Johnson.
11 Public comment was received into the record in regards to the impact on neighboring
natural resource lands. North of the project site, directly across Kersey Way SE, lies a
664 -acre gravel mining operation owned by Segale Properties/ICON Materials. The
gravel mine has been operating for over 35 years and is anticipated to operate for another
25 more years: Segale/ICON expressed concern that a dense residential development has
the potential for generating homeowner complaints pertaining to air,.noise, light, traffic,
and safety, and that the construction of Kersey III itself will generate traffic congestion
and safety issues, impacting the mine's operation. Testimony of Mr. Hancock.
12. Auburn's Comprehensive Plan designates Segale/ICON's land as a Mineral Resource
Area. RCW 36.70A requires the preservation of natural resource lands. Pursuant to
RCW 36.70A.060, a City's development regulations must ensure that the use of lands
adjacent to'natural resource land shall not interfere with the continued use of the natural
resource land. In the FEIS, Chapter 3 - Response to Comments, the City stated that
construction vehicles related to the Kersey III development would only have an impact
for a limited span of time and that the impacts could be mitigated by development of a
traffic control plan prior to issuance of a hauling permit. The City determined that a
traffic signal to be installed at Kersey Way and Oravetz would mitigate impacts.
However, the City's mitigation measures only address mitigation during construction, not
future impacts that the mine may incur as a direct result of the residential development.
Exhibit 8; FEIS, ICON Material Letter and City's Response, pages 28-30; Exhibit 21,
Segale Letter, Testimony of Mr. Hancock, Testimony of Mr. Pilcher; Testimony of Mr.
Armstrong.
13. RCW 36.70A.060 requires that any plat within 500 feet of land must contain a notice that
the property is near designated mineral resource land and that commercial activity may
occur that is not compatible with residential development. For mineral resource lands,
the notice must also inform that an application may be made in the future for mining -
related activities, including mining, extraction, washing, crushing, stockpiling, blasting,
transporting, and recycling of minerals. Segale/ICON asked that this notice be required
not only on the plat but on each individual lot's building permit and deed. The City
stated that it is aware of the notice requirements of RCW 36.70A.060 and would make
them required for the final plat, but that inclusion on the building permit would be an
"administrative nightmare," with no potential homeowner seeing the requirement on the
permit or the deed. The City Staff stated that it is possible to include the notice on the
title, but they did not think it would be effective. However, Applicants, through Mr.
Armstrong, agreed to the condition of each deed containing notice. RCW 36.70A.060(l);
Findings, Conclusions, and Recommendation
Hearings Examiner for the City of Auburn
Kersey III Rezone/PUD/Preliminary Plat
Exhibit 8, FUS, ICON Material Letter and City's Response, pages 28-30; Exhibit 21,
Segale Letter; Testimony of Mr. Hancock Testimony of Mr. Pilcher; Testimony of Mr.
Armstrong.
14. The proposal is within the Auburn School District. In Washington State, however, ample
provision for the education of children is a paramount duty of the state. ' This
requirement is further stated in the laws of the State and the City of Auburn. RCW
58.17.110 requires that subdivisions make appropriate provisions for the general welfare
of the community, including provisions for schools and for safe walking conditions for
students. RCW 36.70A.020(12) states that when a City is plans for growth, it is to ensure
that public services, such as schools, that are necessary to support development are
adequate to serve the development. ACC 17.060.070(A) states that a subdivision must
make adequate provisions for the general welfare of the community, including schools.
At the hearing, public comment was received on the issue of overcrowding in the local
schools. The anticipated increase in student population from the development was set as
0.59 students per dwelling unit, or 209 students. No reference to school provisions is
provided in the Staff Report but City Staff testified that the impact to schools was
addressed in the EIS. ACC 19.02 allows the City to collect school impact/mitigation
fees, approximately $4,500 per building permit, on behalf of the school district.
Applicants conceded that no communication has occurred between the Auburn School
District and themselves but that the road network includes sidewalks, satisfying the
requirement for safe walking conditions for students. Exhibit 7 DEIS Chapter 3.7- .
Public Services, page 117; Testimony of Mr. Pilcher; Testimony of Mr. Ferko; Testimony
of Mr. Armstrong.
15. The DEIS does address schools, but only on a very limited basis. It acknowledges that
the development would be served by Gildo Ray Elementary, Mount Baker Middle, and
Auburn Riverside High, and that while the high school is currently over capacity, this
problem should be alleviated when another high school opens in Fall 2005. The school
district's comments (Exhibit 22B), solicited by the Applicants (Exhibit 22A), are limited
solely to transportation issues (bus and walking) and not the ability of the schools to
absorb the incoming students. Exhibit 7, DEIS, Chapter 3.7 -Public Services, page 117;
Exhibit 22A, Exhibit 22B, Testimony of Mr. Pilcher; Testimony of Mr. Ferko; Testimony
of Mr. Armstrong; Testimony of Ms. Fassbind, Testimony of Ms. Johnson; Testimony of
Ms. Hill.
16. Traffic impacts (volume and safety) were the most frequently cited issues in public
comment and testimony. A transportation impact analysis (TIA) was completed for the
proposal in March 2004.' An addendum to the TIA was completed in January 2005 as a
result of public comment submitted on the DEIS.. Applicants propose to construct an
internal road system, including the extension of Evergreen Way from the Lakeland Hills
7 Washington State Constitution, Art. 9, §1
S The Kersey III Residential Subdivision Transportation Impact Analysis, March 2004, complied by Transportation
Solutions Inc was attached to the DEIS as Technical Appendix F. Appendices to the DEIS were not submitted but
are incorporated by reference as part of the record of this proceeding.
Findings, Conclusions, and Recommendation
Hearings Examiner for the City of Auburn
Kersey III Rezone/PUD/Preliminary Plat
development easterly to Kersey Way, which would be dedicated to the public.'
Evergreen Way is a residential collector and will be 55 feet wide with a five foot planting
strip and five foot sidewalk on both sides. Per City code, no parking is permitted along a
residential collector, but parking may be allowed in the park area (Road G). Internal
residential roads will be 50 feet wide with a five footplanting strip and five foot sidewalk
on both sides. Evergreen Way will intersect Kersey Way at 53rd Street SE, requiring
realignment and a traffic signal. The TIA recommended that Kersey Way be modified to
include a southbound deceleration lane along with northbound and southbound left -turn
lanes and an eastbound right -turn lane. 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.to
Pursuant to ACC 19.04, the City of Auburn may collect impact fees for transportation
facilities impacted by proposed development. Other mitigation measures were proposed
to address safety issues such as illuminated crosswalks, bulb -out curbing, and speed
bumps. Exhibit 1, Staff Report, page 5; Exhibit 7, DEIS, Chapter 3.60 -Transportation;
Exhibit 8, FEIS, Appendix A, TM Addendum; Testimony of Mr. Welsh; Testimony of Ms.
Fassbind, Testimony of Ms. Dubeck; Testimony of Mr. Chambers; Testimony of Ms.
Knott; Testimony of Mr. Barnett, Testimony of Ms. Hill.
17. A mitigation measure proposed in the EIS was the construction of a round -about at the
intersection of Evergreen Way SE and Lakeland Hills Way SE. Applicants testified that
they are not opposed to the idea but are concerned about their ability to secure the
necessary land for construction. The proposed tracts of land are currently owned by the
Lakeland Hills Homeowners' Association. Applicants stated that they would "pursue
with earnest" the acquisition of this land but requested that City Staff remove the
roundabout condition from their recommendations. City Staff agreed to this modification.
Exhibit 1, Staff Report, Page 10; Exhibit 8, _Table 1, page 16; Exhibit 20, Planning
Department Memo, Part 4; Testimony of Mr. Armstrong; Testimony of Mr. Welch.
18. Public comment was received into the record pertaining to water supply, storm water, and
water quality. No private wells would be utilized for water service. Water will be
supplied by the City of Auburn - Valley Water System. Existing groundwater rights are
sufficient to serve the needs of the development. Applicants will 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. Storm water will be collected and conveyed to a
combined wetpond/detention pond prior to discharge into Bowman Creek, an off-site
creek to the north of the development. The drainage facility, designed to the City's
criteria, is located on Tract A of both Division I and Division R and will operate as a
9 The Applicants, owners of property comprising Division I and Division II ofKerseyIII have entered into an
agreement with the owner of property located to the west of the development, future Kersey III Division III, for
construction of Evergreen Way. The right-of-way does not yet exist for the construction of Evergreen Way, only the
agreement of the parties. A copy of this agreement was not submitted to the record of this proceeding.
1e LOS(Level of Service) is a term used to qualitatively describe the operating conditions of a roadway based on
factors such as speed, travel time, maneuverability, delay, and safety. The LOS of a roadway is designated with a
letter, A to F, with A representing the best condition and F the worst.
Findings, Conclusions, and Recommendation
Hearings Examiner for the City of Auburn
Kersey III Rezone/PUD/Preliminary Plat
single unit. An energy dissipater will be: installed to reduce erosion and the admission of
sediment into the creek system. Due to the creation of impervious surfaces, the EIS
concluded that increased surface run-off could affect the hydrology of the area by
changing the recharge pattern and depositing sediment into the stream system, impacting
water quality. Exhibit 1, Staff Report, page 3; Exhibit 7, DEIS, Chapter 3.4.3, page 74;
Exhibit 8, FEIS, Chapter 3; Comments & Responses, Muckleshoot Tribe Letter, page
121; Exhibit 14; Exhibit 15; Testimony of Mr. Pilcher; Testimony of Mr. Armstrong, -
Testimony of Ms. Fassbind
19. Public comment was received into the record pertaining to impacts of wildlife and their
associated habitat. The EIS concluded that many of the impacts to wildlife and habitat
were unavoidable. Unavoidable impacts include loss of native vegetation,fragmentation
and isolation of habitat; reduction in native wildlife populations, and disturbance of
retained habitat (open space) by human encroachment. Specific comment was received
from the Muckleshoot Tribe (Exhibit 8, FEIS, Chapter 3.0, page 121) as to possible
impacts on the Tribe's treaty fisheries resources. Neither Division I nor Division 11
contains wetlands or streams on-site. Stormwater run-off will be dissipated prior to
discharge into Bowman Creek, a non -salmonid bearing creek which drains in to the
White River, so as to eliminate/reduce possible sedimentation/erosion impacts on the
fishery resource of the river. Exhibit 7, DEIS, Chapter 3.3.4, page 60; Exhibit 8, FEIS,
Table 1, page 14; Exhibit 8, FEIS, Chapter 3. 0, Comments & Responses, Letters from
Murphy, Bykonen, Covey, Richards, Cocke, Shoemaker, and the Muckleshoot Tribe;
Exhibit 16; Testimony of Ms. Fassfrnd; Testimony of Ms. Knott; Testimony of Ms.
Brooke; Testimony of Ms. Johnson.
20. The sanitary sewer service will be provided to the development by the City of Auburn. A
Sewer Alternative Analysis, dated March 2004, was prepared by Apex Engineering and is
attached to the DEIS as Technical Appendix H.tt A temporary sewage pump station
must be constructed in order to service the development. A deviation from the
comprehensive sewer plan is required for the use of a pump station, Exhibit 1, Staff
Report, page 3, Exhibit 7, DEIS, Chapter 3.8.1; Exhibit 14; Exhibit 15; Exhibit 16
Testimony of Mx Plleher.
21. The western 300 feet of Parcels 322105-9015 and 322105-9017 (Division I) are
encumbered by an easement held by the Bonneville Power Administration (BPA) for a
high-voltage power transmission lines. Applicants propose to utilize this area to satisfy
both open space and park requirements for the development. City of Auburn Parks
Department isrequiring that BPA approve the park elements and locations. Applicants
testified that they have had several meetings/discussions with BPA regarding a land use
agreement and that BPA supports the project. According to the Applicants, BPA will
not give approval until the City has approved the rezone, PUD, and preliminary plat.
" Appendices to the DEIS were not submitted to the Hearing Examiner but are incorporated by reference as part of
the record of this proceeding.
Findings, Conclusions, and Recommendation
Hearings Examiner, for the City of Auburn
Kersey III Rezone/PUD/Preliminary Plat
Exhibit 1, Staff Report, page 3; Exhibit 4, Site Plan; Exhibit 20, Part 512; Testimony of
Mr. Scapilina; Testimony of Mr. Ferko.
22. ACC 18.69.080(A) requires each PUD to set aside 20% of the gross area of the PUD as
open space. For the purpose of the Kersey III Development, Division H's open space is
dependent upon the open space being provided within Division I. Total acreage for both
divisions is 89.31 acres, requiring 17.86 acres to be allocated for open space. This figure
may include landscaped areas, native areas, stone water facilities, and parks. ACC
18.69.030(H). Applicants propose a total of 22.81 acres of open space in Division I and
6.13 acres in Division II, for total open space acreage of 28.94 acres, which is 32.4% of
the site. ACC 17.12.60 requires that a subdivision provide for 6.03 acres of park land for
each 1000 -person increase in population. Of the 22.81 acres of open space, Applicants
propose that 7.16 acres be dedicated to the City for park land, all of which are contained
within the BPA easement except for two small tracts, Tract P and Tract Q, totaling less
than 0.50 acres. Applicants propose to develop the park land with both passive and
active recreation amenities, including a walking path and open play fields. A sport court
and children's play area will be provided on Tract P and Tract Q. Exhibit 1, Staff Report,
page 4; Exhibit 4, Site Plan; Exhibit 5; Exhibit 14; Exhibit 16; Exhibit 19; Exhibit 20.
23. Applicants request variance from ACC 18.69.070(A) for both the required front yard
setback and total lot coverage. Applicants seek to reduce the front yard setback to ten
feet and increase the allowed lot coverage to 50%. ACC 18.69.070(A) requires a
detached single-family home within a PUD to cover no more than 40% of the total lot
square footage and for the garage to be setback 20 feet from the street with the remainder
of the home set back 15 feet. A variance to design standards is generally only granted if
the land has unique physical or topographical conditions such that strict conformity with
the ACC would not allow for a reasonable and harmonious use of the land. Applicants
state that approval of the variances will allow them to construct a "neo -traditional" lot
layout, providing a more interesting streetscape by allowing for varying building
orientation/placement and utilizing front porches, which would create a pedestrian -
oriented neighborhood. Applicants further state that variances would allow them to
create a more useable backyard on lots in Division II that have slope issues. City Staff
did not recommend approval of the variance requests. City Staff noted that all lots are
100 feet in depth, with many greater than 100 feet, allowing for varied structure
placement. City Staff finther noted that the purpose of limiting lot coverage in a smaller
lot development, such as a PUD, is to prevent overcrowding. Allowing for 50% lot
coverage would amount to a footprint of up to 2500 square feet or a 4000-4500. square
foot two-story home. ACC 18.70,010; Exhibit 5, Narrative, Exhibit 20 Planning
Department Memo, Part 1; Testimony of Mr. Pilcher; Testimony of Mr. Ferko; Testimony
of Mr. McBride.
' z Exhibit 20, Part 5 references a letter from BPA to Barghausen Consulting Engineers. A copy of this letter was
not attached to the exhibit but is incorporated by reference as part of the record of this proceeding.
Findings, Conclusions, and Recommendation
Hearings Examiner for the City of Auburn
Kersey III Rezone/PUD/Preliminary Plat
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 ACC 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,13 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.
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).
73 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.
Findings, Conclusions, and Recommendation
Hearings Examiner for the City of Auburn
Kersey III Rezone/PUD/Preliminary Plat
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,1, 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:
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 was initiated by the Applicant -Property Owner and not the City.
Pursuant to ACC 18.68.030(13)(1), in order for the Hearing Examiner to hold a public
hearing and consider a rezone request, the rezone must not be initiated by the City. The
Applicant in this matter is the owner of the property subject tothe rezone. Specific
Findings No. 1.
Findings, Conclusions, and Recommendation
Hearings Examiner for the City of Auburn
Kersey III Rezone/PUD/Preliminary Plat
2. Conditions in the area have substantially changed and the rezone bears a
substantial relationship to the public health, safety, morals, or general welfare.
In considering a rezone, 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 (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 have stated that the area where the subject property is located has
experienced significant development as a result of the Lakeland Hills PUD; overall
market conditions in Puget Sound creating a demand for smaller lots; topography making
the land more .suitable for .the flexibility of a PUD zoning district; compliance with the
goals of the GNU; and compatibility between the existing PUD community and the
proposed development. . The fact that the existing zoning dates back to the original
adoption of the City's Comprehensive Plan, a plan that has since been amended three
times, and the fact that the proposal is consistent with the goals and policies of the
existing Comprehensive Plan, give credence to the "change in circumstances" within the
community warranting a rezone of the property. 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
projections for the City. This type of information would provide further justification for
changed circumstances and approval of a rezone and a PUD. The Planning Director and
the DEIS both concluded that the proposal was consistent with the City's Comprehensive
Plan. General Findings No. 2, 5; Specific Findings Nos. 2, 3, 4, 6, 7, and 8.
3. 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.
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. 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 embraced in the
City's Comprehensive Plan and ACC. General Findings No. 5; Specific Findings Nos.
4, 5, and 6.
5. The proposal contains adequate provisions for the public health, safety, and
general welfare and for open spaces, drainage ways, streets, water supplies,
sanitary wastes, parks, playgrounds, or schools.
Findings, Conclusions, and Recommendation
Hearings Examiner for the City of Auburn
Kersey III Rezone/PUD/Preliminary Plat
Applicants have made provisions for streets with sidewalks for pedestrian safety,
includingsafe walking for school children and pedestrian passage ways for park access.
EIS mitigation measures and conditions of approval will provide for traffic control and
calming devices to provide safety within and to the community. The development will
be served by City water and sanitary sewer. Storm water facilities will collect and
convey run-off, utilizing an energy dissipater to reduce sedimentation output. Applicants
have provided for a total of 28.94 acres of open space, of which 7.16 acres are to be
developed for both active and passive recreation. Specific Findings Nos. 14, 15, 16, 18,
20, 21, and 22.
6. The proposal is consistent with the purpose of ACC 18.69, and provides for the
public benefits required of the development of PUDs.
A PUD must provide certain public benefits. Applicants propose to preserve natural
amenities through the use of open spaces. Tract B and Tract I are both steeply sloped.
The preliminary plat and its associated conceptual design demonstrate a pedestrian -
oriented community with sidewalks, pedestrian passageways, and parks with both active
and passive recreation amenities. The plat is structured to utilize the property efficiently
by layout, house design, and open space. Homes will not be facing the residential
collector, Evergreen Way SE, and will be separated from the arterial collector, Kersey
Way SE, by open space. Privacy fencing will separate the development from adjoining
low-density residential areas. Development is consistent with and implements the City's
Comprehensive Plan. Applicants proposed a variety of architectural styles, providing a
varied streetscape, and have submitted landscape plans. Applicants propose over seven
acres of active and passive recreation parklands: Affordable housing is a concern within
the entire Puget Sound area. Applicants are providing only single-family housing, no
multi -family, thereby limiting the "affordability" of housing provided. Applicants do not
state the price range for the homes but due state that the increased density helps to
distribute overall construction and development costs among a greater number, of buyers.
Specific Findings Nos. 4, 5, 14, 15, 16, 18, 19, 20, 21, 22, and 23.
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 property is currently zoned R-1, which would allow for development of 34 dwelling
units. Applicants seek to develop 373 dwelling units. Development of over 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. General Findings No. 2;
Specific Findings Nos. 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, and 23.
8. The PUD is consistent with the existing and planned character of the
neighborhood.
Findings, Conclusions, and Recommendation
Hearings Examiner for the City of Auburn
Kersey III Rezone/PUD/Preliminary Plat
Surrounding land use consists of natural resource land (gravel pit), low-density
residential development, and Lakeland Hills PUD's 3000+ homes. The Comprehensive
Plan designation for 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. General Findings No. 2; Specific Findings Nos. 2, 3, and 8.
9. The Preliminary Plat conforms to the City of Auburn's zoning ordinance and
any other applicable planning or engineering standards and specifications.
With conditions, the Applicants' proposal for the PUD complies with all related City
codes and standards. Specific Findings No. 23.
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, all potential environmental impacts have notbeen 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. 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 this impacts can not be adequately mitigated, none of the impacted
species are listed as endangered, threatened, or sensitive pursuant to the Endangered
Species Act. In addition to wildlife impacts, off-site streams would be affected by the
increase in impervious surface which would, affect the hydrology of the area due to a
change in recharge patterns. Additional sediment/erosion will enter the water system,
impacting water quality. Public Services - Police, Fire, Schools - will all be impacted by
the increased population generated by the development. Specific Findings Nos. 9, 10, 11,
12,,13, 14, 15, 16, 19, 20, and 22:
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) will ensure safe pedestrian and traffic access within the development.. As
conditioned the development of a Homeowners' Association and the associated.
Covenants, Conditions, and Restrictions will ensure that visual blights and dangers to
public health are reduced/eliminated, thereby promoting both general public welfare and
property values. Specific Findings Nos. 16.
12. The subject property does not possess physical conditions or exceptional
topographic features. that warrant deviating from the applicable design
requirements.
Findings, Conclusions, and Recommendation
Hearings Examiner for the City of Auburn
Kersey III Rezone/PUD/Preliminary Plat
RECOMMENDATION
Based upon the preceding Findings of Fact and Conclusions, the Hearing Examiner recommends
to the Auburn City Council that the request for a variance from the. required front yard setbacks
and lot coverage be DENIED. The Hearing Examiner recommends that the request for a rezone
of 89.31 acres from R-1 Single Family Residential to PUD, approval of a PUD, and Preliminary
Plat approval be GRANTED, subject to the following conditions:
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 11):
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. Any final plat for Kersey III, Division II, shall not be recorded until (a) the
planned park sites contained in Kersey III, Division I have been dedicated to the
City of Auburn AND (b) the final plat for Division I that defines and restricts the
planned open space tracts as such has been recorded, or in lieu of final plat
recording, Applicant has filed the necessary documents to impose a restrictive
covenant or easement on these lands to ensure that they are maintained as open
space.
3. 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.
4. As part of the engineeringlconstruction 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 19) . 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.
5. 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
Findings, Conclusions, and Recommendation
Hearings Examiner for the City of Auburn
Kersey III Rezone/PUD/Preliminary Plat
design criteria for new homes and specify the financial means of maintenance of
all common open spaces.
6. Home designs shall be consistent with the Kersey 3 Division I & II Conceptual
Building Design Guidelines (Exhibit 6). The Conceptual Building 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) The first floor living portion of each house shall be located 5 feet closer to
the street than any garage.
d) Home designs shall be varied such that no more than two homes sharing
the same floor plan are located adjacent to one another.
7. Final landscaping design shall be generally consistent with the Preliminary
Overall Landscaping Plan; dated March 17, 2005, which was included with the
Applicants' application 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.
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 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 1) 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. 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.
Findings, Conclusions, and Recommendation
Hearings Examiner for the City of Auburn
Kersey III Rezone/PUD/Preliminary Plat
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 traffic controls to the
satisfaction of the City Engineer at the intersection of Lakeland Hills Way and
Evergreen Way S.E. 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 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 responsible for all school impact fees in a
manner consistent with local and state law requirements.
Findings, Conclusions, and Recommendation
Hearings Examiner for the City of Auburn
Kersey III Rezone/PUD/Preliminary Plat
Decided this 7 day of September, 2005,
Findings, Conclusions, and Recommendation
Hearings Examiner for the City of Auburn
Kersey III Rezone/PUD/Preliminary Plat
Examiner for the City of Auburn
Page 20 of 20
CITY COUNCIL ACTION
This decision of the Hearing Examiner is a recommendation to the City Council and will be considered
by the Council at their September 19, 2005, meeting. At the September 19, 2005, meeting the Council
may either affirm the Examiner's recommendation, remand the decision back to the Examiner, or
schedule a closed record public hearing.
LEGAL DESCRIPTION OF PROPERTY
PLT05-0001— Division 1
The southwest quarter of the southeast quarter and that portion of
the northwest quarter of the southeast quarter lying southerly of
the H.B. Carter County Road; All in Section 32, Township 21 North,
Range 5 East, W.M., in King County, Washington;
EXCEPT that portion thereof conveyed to King County for Stuck Road
and by Deed recorded under Recording Number 5407388;
AND EXCEPT that portion thereof conveyed by King County for Lake
/-apps Access Road, by deed recorded under Recording Number 5801756.
Exhibit to Resolution No. 3915
LEGAL DESCRIPTION OF PROPERTY
PLT05-0002— Division 2
Lot 1, City of Auburn Short Plat Number SP -22-77, recorded under
Recording Number 7905301012, being a revision of Short Plat recorded
under Recording Number 7712130917, in King County, Washington, being
a portion of the east half of the southwest quarter of Section 32,
Township 21 North, Range 5 East, W.M., in King County,. Washington.
Exhibit to Resolution No. 3916
CITY OF
w
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject
Date:
Public Hearing Application No. REZ05-0001, PUD05-0001, PLT05-0001;
8-2-05
REZ05-0002, PUD05-0002, PLT05-0002
Department: Planning
Attachments: Please refer to Exhibit
Budget Impact:
List
Administrative Recommendation:
Hearing Examiner to recommend to the City Council approval of the Rezones, Planned Unit
Developments, and Preliminary Plats, based upon the Findings of Facts, Conclusions and Conditions as
outlined below.
Background Summary:
OWNER/APPLICANT:
Wayne Jones, Lakeridge Development (Kersey III Division 1)
Joyce & Peter Bowles on behalf of 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 169 lot single family residential subdivision known as
"Kersey III Division 1," and 2) a 204 lot single family residential subdivision
known at "Kersey III Division 2."
SIZE:
Division 1: 50.85 acres, Division 2: 38.46 acres; total: 89.31 acres
LOCATION:
West side of Kersey Way at 53rd 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, 2005
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission
COUNCIL COMMITTEES:
® Building ® M&O
❑ Airport
❑ Finance
❑ Cemetery ❑ Mayor
® Hearing Examiner
❑ Municipal Serv.
❑ Finance ® Parks
❑ Human Services
❑ Planning & CD
® Fire ® Planning
❑ Park Board
❑Public Works
❑ Legal [D Police
❑ Planning Comm.
❑ Other
® Public Works ❑ Human Resources
Action,
Committee Approval:
❑Yes ❑No
Council Approval:
[]Yes ❑No Call for Public Hearing _!_1
Referred to
Until _/_I
Tabled
Until ! f
Councilmember: Norman
Staff: Pilcher
Meeting Date: August 9, 2005
Item Number:
EXHIBIT 1
AUBURN* MORE THAN YOU IMAGINED
Agenda Subject: REZ05-0001, PUD05-0001, PLT05-0001; REZ05- Date:
0002, PUD05-0002; PLT05-0002 8-3-05
The Comprehensive Plan designation, zoning designation and land uses of the site and
surrounding properties are:
List of Exhibits
Exhibit 1 Staff Report
Exhibit 2 Vicinity Map
Exhibit 3 Completed Applications and Narrative
Exhibit 4 Preliminary Plat/PUD Mag, Barghausen Engineers, July 17, 2005
Exhibit 5 "Project Narrative and Findings," dated May 19, 2005, prepared by Barghausen
Engineers
Exhibit 6 Kersey III Divisions I & II Conceptual Building Design Guidelines
Exhibit 7 Kersey III Draft Environmental Impact Statement
Exhibit 8 Kersey III Final Environmental Impact Statement
Exhibit 9 Notice of Application
Exhibit 10 Notice of Public Hearing
Exhibit 11 Affidavit of Posting
Exhibit 12 Affidavit of Mailing
Exhibit 13 Confirmation of Publication of Legal Notice
Exhibit 14 Notice of Complete Application letter from Steve Pilcher to Chris Ferko, Barghausen
Engineers, dated June 8, 2005
Exhibit 15 Letter of June 27, 2005 from Duane Huskey, City of Auburn Utilities Engineer, to Chris
Ferko, Barghausen Engineers
Exhibit 16 Kersey III, Divisions 1 & 2, "City of Auburn Comments with Engineer's Responses,"
prepared by Barghausen Engineers, dated July 20, 2005
Exhibit 17 Cover letter of July 20, 2005 from Chris Ferko, Barghausen Engineers, re: resubmittal of
Revised preliminary plat with comment response matrix
Exhibit 18 Letter of July 21, 2005 from Chris Ferko, Barghausen Engineers, to Paul Woolsen,
Bonneville Power Administration, re: application to make improvements within BPA
easement
Page 2 of 10
Site Single Family
R1, Single Family
Vacant; SPA-
Residential
Residential
powerlines
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
familyresidential
West Single Family
R1, Single Family
Vacant (potential
Residential
Residential
Kersey 111 Div. 3
PUD! lat
List of Exhibits
Exhibit 1 Staff Report
Exhibit 2 Vicinity Map
Exhibit 3 Completed Applications and Narrative
Exhibit 4 Preliminary Plat/PUD Mag, Barghausen Engineers, July 17, 2005
Exhibit 5 "Project Narrative and Findings," dated May 19, 2005, prepared by Barghausen
Engineers
Exhibit 6 Kersey III Divisions I & II Conceptual Building Design Guidelines
Exhibit 7 Kersey III Draft Environmental Impact Statement
Exhibit 8 Kersey III Final Environmental Impact Statement
Exhibit 9 Notice of Application
Exhibit 10 Notice of Public Hearing
Exhibit 11 Affidavit of Posting
Exhibit 12 Affidavit of Mailing
Exhibit 13 Confirmation of Publication of Legal Notice
Exhibit 14 Notice of Complete Application letter from Steve Pilcher to Chris Ferko, Barghausen
Engineers, dated June 8, 2005
Exhibit 15 Letter of June 27, 2005 from Duane Huskey, City of Auburn Utilities Engineer, to Chris
Ferko, Barghausen Engineers
Exhibit 16 Kersey III, Divisions 1 & 2, "City of Auburn Comments with Engineer's Responses,"
prepared by Barghausen Engineers, dated July 20, 2005
Exhibit 17 Cover letter of July 20, 2005 from Chris Ferko, Barghausen Engineers, re: resubmittal of
Revised preliminary plat with comment response matrix
Exhibit 18 Letter of July 21, 2005 from Chris Ferko, Barghausen Engineers, to Paul Woolsen,
Bonneville Power Administration, re: application to make improvements within BPA
easement
Page 2 of 10
Agenda Subiect: REZ05-0001, PUD05-0001, PLT05-0001; REZ05- Date:
0002, PUD05-0002; PLT05-0002 8-2-05
FINDINGS OF FACT
General
1. The applicants, Wayne Jones of Lakeridge Development and Joyce & Peter Bowles, have requested
a change in zoning, approval of a Planned Unit Development (PUD), and preliminary plat approval for
Kersey III Division 1 & 2. Kersey III Division 1 is a 169 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
204 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.
2. Division 1 lot sizes will average 5032 sq. ft. in size, with an average lot width of 50 ft. The smallest lot
will be 3985 sq. ft. in area. Overall project density is 3.32 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 5127 sq. ft. in area, with an average lot width of 40 ft. The smallest lot
will be 3999 sq. ft. in area. Overall project density is 5.30 dwelling units per acre.
4. Collectively, the two projects consist of 373 dwelling units at an overall density of 4.17 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. A
traffic signal will be installed at the 53d St. SE intersection and the 53rd St. SE approach will need to
be reconfigured to eliminate the current angular intersection.
7. Development of this area will also require the construction of a temporary sewage pump station to the
north along Kersey Way. The exact location of this pump station is not known at this time, as other
property owners to the north are also discussing development plans. However, it will likely be located
in the vicinity of 49" St. SE and Kersey Way. The station will be required to be appropriately sized to
serve not only filed and proposed 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
pump station will be abandoned.
8. 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 along the East Valley Highway. Required
improvements are noted in the letter from Duane Huskey, City of Auburn Utilities Engineer, dated
June 27, 2005 (Exhibit 14).
9. 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 partially developed as an active and passive
open space amenity, including a linear trail and open play fields. Active recreational facilities will be
provided directly adjacent to this area, but not within the powerline easement. Active amenities will
include a sport court and playground equipment. Internal pathways and one public road crossing will
provide access to these facilities. The open space and amenities will benefit residents of both Division
Page 3 of 10
Agenda Subject: REZ05-0001, PUD05-0001, PLT05-0001; REZ05- Date:
0002, PUD05-0002; PLT05-0002 8-2-05
1 and Division 2. The City Parks Department has accepted the proposed improvements as currently
proposed.
PUD Approval Process
10. PUD's are allowed pursuant to Chapter 18.69 of the Zoning Code. More specifically, ACC Section
18.69.040 allows PUD's within all residential Comprehensive Plan map designations of the City,
except "Rural Residential". A proposed PUD must beat least 10 acres in area in order to qualify for a
PUD. The subject project is 89.31 acres (50.85 and 38.46 acres individually) in size.
11. 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 case, 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.
Density
12. 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.
13. 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 for 441 dwelling units. As
noted, a total of 373 units are proposed.
Park Land
14. The PUD must also provide for public park property. The City may allow the PUD to use the 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 dedicated to the City. With a total of 373 lots in the
two Divisions and an assumed population of 2.5 people per household, 933 people are anticipated to
live within the developments. That translates into a park requirement of 5.83 acres. Under the current
proposal, 7.16 acres are proposed to be dedicated, which is in excess of the standard. However,
since some of the park lands will be within the BPA easement, the City Parks Department has not
granted full credit for these lands. Even so, the final proposal has met the approval of the Parks
Department.
Park lands will include developed open play fields within the BPA easement, south of Evergreen Way.
A linear path will extend on the north side of Evergreen through the easement to Kersey Way. This
path will also extend south of Evergreen Way through the easement to the southern property line.
Also included within the proposal are two separate active recreation areas on either side of the BPA
easement. One area will be developed with a sport court, while the other will feature a play area for
younger children. All facilities will be constructed by the developers and then dedicated to the City.
Page 4 of 10
Agenda Subject: REZ05-0001, PUD05-0001, PLT05-0001; REZ05- Date:
0002, PUD05-0002; PLT05-0002 8-2-05
Open Space
15. 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 29.3 acres is being provided, of which 15.82 acres is outside of areas with
25% 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 publicly owned tracts that contain storm drainage facilities.
Design Requirements
16. 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 "conceptual building 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.
17. A conceptual landscape treatment of the PUD is illustrated in the "Preliminary Overall Landscape
Plan" dated March 7, 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.
PedestrianlTraffic Circulation
18. 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. Finally, pathways are also provided at four locations to facilitate pedestrian access to the
parks tract.
19. 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 53rtl 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.
20. 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.
Page 5 of 10
Agenda Subject: REZ05-0001, PUD05-0001, PLT05-0001; REZ05- Date:
0002, PUD05-0002; PLT05-0002 8-2-05
SEPA
21, An Environmental Impact Statement was required for the Kersey 111 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, 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. Recommended mitigation measures are included beginning on
page 9 of the Final EIS.
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 18.69.150.
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 standards.
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
regarding 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.
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)):
Page 6 of 10
Agenda Subject: REZ05-0001, PUD05-0001, PLT05-0001; REZ05- Date:
0002, PUD05-0002; PLT05-0002 8-2-05
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 as experienced
significant development as a result of Lakeland Hills. 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 the Lakeland Hills to
the west. The projects will also result in another means of access into Lakeland Hills through the
extension of Evergreen Way and bring sanitary sewer and water utilities into an area currently not
served.
Planned Unit Development Criteria:
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 and the 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 of this 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 and/or 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 that 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.
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.
Page 7 of 10
Agenda Subject: REZ05-0001, PUD05-0001, PLT05-0001; REZ05- Date:
0002, PUD05-0002; PLT05-0002 8-2-05
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 356
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 wilt 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.
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.
Page 8 of 10
Agenda Subject: REZ05-0001, PUD05-0001, PLT05-0001; REZ05- Date:
0002, PUD05-0002; PLT05-0002 B-2-05
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.
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. Since Division 2 is dependant upon the open space and parks amenities included within Division 1 for
attaining compliance with the standards of a PUD, any final plat of Division 2, whether in whole or
part, shall not be recorded prior to a) the dedication of the planned park sites to the City of Auburn
and b) either the recording of a final plat within Phase 1 that defines and restricts the planned open
space tracts as such, or in lieu of final plat recording, filing necessary documents to impose a
restrictive covenant or easement upon these lands to ensure their maintenance as open space.
2. Developer will be required to enter into an agreement or submit a declaration of covenants conditions
and restrictions meeting ACC 19.69.200 to ensure the maintenance of the open space tracts prior to
issuance of final plat approval for any phase containing open space tracts.
3. As part of the engineering/construction drawings submitted for construction of the subdivision, there
shall also be submitted engineering/construction drawings for the construction of all park
improvements as depicted on the submitted drawings. The park improvements shall be approved by
the City of Auburn Parks Director prior to the approval of the construction drawings for the plat. The
materials supplied and installed must meet the 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 Homeowners' Association
shall be submitted for review and approval by 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. The designs of homes shall be generally consistent with the "Kersey 3 Divisions I &II Conceptual
Building Design Guidelines, " which shall be incorporated into the CC&Rs for the project. The final
design guidelines shall include a color palette for proposed house 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 door shall be used; tandem parking is acceptable.
c) The first floor living portion of each house shall be located 5 feet closer to the street than
any garage.
d) Home designs shall be varied such that no more than two homes sharing the same floor
plan are located adjacent to one another.
Page 9 of 10
Agenda Subject: REZ05-0001, PUD05-0001, PLT05-0001; REZ05- Date:
0002, PUD05-0002; PLT05-0002 8-2-05
6. The final design of the landscaping shall be generally consistent with the Preliminary Overall
Landscaping Plan included with the application (dated 3/17/05).
7. Any entrance signs shall be a low monument style with accenting landscaping. The number, style,
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 6 ft. high solid wood fence. Any
fencing to be erected adjacent to any of the planned pedestrian pathways shall also be submitted to
the Director for approval.
9. Approval of the rezones and PUDs are only valid upon the approval and execution of the associated
preliminary plats.
10. Compliance with all the mitigation measures as noted on pages 9 — 19 of the "Kersey III Preliminary
Plat Final EIS' and as otherwise noted throughout the document is required
11. The applicants shall construct a traffic signal at Evergreen Way SE and Kersey Way SE at the
roadway connection is made.
12. The applicants shall provide auxiliary lanes at the intersection of Evergreen Way SE and Kersey Way
SE to the satisfaction of the City Engineer.
13. The 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 to the satisfaction of the City Engineer
14. Prior to any final plat approvals, the applicants shall construct a roundabout at the intersection of
Lakeland Hills Way and Evergreen Way SE to the satisfaction of the City Engineer.
15. Prior to any final plat approvals, the applicants shall construct traffic calming and pedestrian safety
amenities on Evergreen Way SE in the vicinity of the park area near Olive Ave to the satisfaction of
the City Engineer.
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.
HEV{PP%KERSEY 3 DIV 1 -DIV 2
Page 10 of 10
EXHIBIT 2
APPLICATION NO.: PLT05-0001, PUD05-0001 and REZ05-0001
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 planned unit development approval to subdivide 50.60 acres into 169 single
family residential lots. The project is located west of Kersey Way SE at approximately 53rd Street SE, extending 1400 ft. west
and south 1500 ft. to the King County/Pierce County line.
C5V
REZONE APPLICATION
. f;f;*11 f_1, F4
Sec. Twp.
5'000 f
APPLICATION NUMBER
Zone Existing:
Area Code: Zone Request:
Scheduled Public Hearing: -(-6b p'Date Received:
Staff Project Coordinator:=5�
Do Not Write Above This Line
APPLICANT: COMPLETE THIS FORM WITH ALL ENTRIES BEING TYPED (except signatures) OR
NEATLY PRINTED IN INK. IF ADDED SPACE IS NEEDED, ATTACH THE ADDITIONAL REQUIRED
PAGES TO THIS APPLICATION.
I (we), the undersigned, OWNER(S) of property numbered opposite my (our)
names(s) hereby petition for a change of zoning classification of property
described herein from:
TO R1 with PUD District
A. How is the properly involved in this application more suitable for the uses permitted in the proposed
zone than those permitted in the present classification?
See attached narrative.
B. Explain why there is a need in the area for more zoning of the type requested, and wherever
possible, substantiate this statement with factual data.
See attached narrative.
Rezo ror Hearing Examiner
Reri 16( 5
EXHIBIT 3
Page 4 of 7
C. Why is this zoning compatible with the other existing uses in the neighborhood?
See attached narrative.
D. Why is this rezone compatible with the existing zoning in the area?
See attached narrative.
E. Why is this rezone consistent with the Comprehensive Plan for the area?
See attached narrative.
Rezo for Hearing Examiner Page 5 of 7
R ..d tl6 W5
ALL PROPERTY OWNERS INCLUDED IN THIS APPLICATION MUST BE LISTED BELOW
OPPOSITE A "PARCEL NUMBER" WHICH IS ALSO SHOWN ON THE LEGAL DESCRIPTION AND
INDICATES THE PROPERTY OWNED BY EACH APPLICANT. YOUR SIGNATURE ALSO
INDICATES YOU HAVE READ AND UNDERSTOOD THE CONTENTS OF THIS APPLICATION AND
ITS ATTACHMENTS.
PARCEL NAME, ADDRESS & PHONE NUMBER
NUMBER (Please Print)
322105-9015 Wayne and Debra Jones
P.O. Box 146
Renton, WA 98057
Fax number
E-mail address
322105-9017 Wayne and Debra Jones
P.O. Box
Renton, WA 98057
Fax number 4125 22-9 77_31--
E-mail
2:3"1-
E-mail address JerNaS WA-1,VQ-ED Ca7wGSi_ fv�
AGENT and/or OWNER'S REPRESENTATIVE:
Name: Chris Ferko
Address: 18215 72nd Avenue South
City/Phone: Kent. WA 9803 (4751951-6922
Fax number (425)251-8782
E-mailaddress cferko@barghausen.com
Indicate Method for Future Notifications
Fax Mail X Telephone E-mail x
Please be advised that even though the City of Auburn may approve your requested rezone, that
approval does not guarantee a subsequent, specific use. You will be required to conform to all
other development criteria of the City of Auburn in order to develop your property.
Rezone for Hearing Examiner Page 6 of 7
a".i."a. 005
LEGAL DESCRIPTION OF PROPERTY
The southwest quarter of the southeast quarter and that portion of.
the northwest quarter of the southeast quarter lying southerly of
the H.B. Carter County Road; All in Section 32, Township 21 North,
Range 5 East, W.M., in King County, Washington;
EXCEPT that portion thereof conveyed to King County for Stuck Road
and by Deed recorded under Recording Number 5407388;
AND EXCEPT that portion thereof conveyed by King County for Lake
,-fapps Access Road, by deed recorded under Recording Number 5801756.
FEE PAYMENT: $1,556.00 plus $727.00 for SEPA checklist
T.R. p.
Cashier's Initials: Date Received:
Rezone for Hearing Examiner Page 7 of 7
R..,.ee ve IM
PUD APPLICATION
........................................................................................................................................................
APPLICANTS NAMES APPLICATION NUMBER
Zone Existing i�yr �tReceived,�
Scheduled Hearing
L^
Staff Project Coordinator.
- o
..................................................................................................................................................................
DO NOT WRITE ABOVE THIS LINE
APPLICANT: COMPLETE THIS FORM WITH ALL ENTRIES BEING TYPED (except
signatures) OR NEATLY PRINTED IN INK. IF ADDED SPACE IS NEEDED,
ATTACH THE ADDITIONAL REQUIRED PAGES TO THIS APPLICATION.
ALL PROPERTY OWNERS INCLUDED IN THIS APPLICATION MUST BE LISTED BELOW
OPPOSITE A "PARCEL NUMBER" WHICH IS ALSO SHOWN ON THE LEGAL DESCRIPTION
AND INDICATES THE PROPERTY OWNED BY EACH APPLICANT. YOUR SIGNATURE ALSO
INDICATES YOU HAVE READ AND UNDERSTOOD THE CONTENTS OF THIS APPLICATION
AND ITS ATTACHMENTS.
PARCEL NAME, ADDRESS & PHONE NUMBER
NUMBER(S) (Please Print)
322105-9015 William to Debra Jones
PO Box 146
Renton, WA 98057
Fax numberSIS 22 72-37—
E-mail address _I ono -S AyNcsco 0WL95> M
322105-9017 William 6 Debra Jones
PO Box 146
Renton, WA 98057
Fax number
E-mail address
DESIGNATED CONTACT PERSON:
Name: Chris Ferko
Address: 18215 72nd Avenue South
City/Phone: Kent, WA 98032 (425) 251-6222
cferko@barghausen.com
Indicate Method for Future Notifications
Fax Mail X Telephone
E-mail X
PUD Apphcatlon Page 5 of 7
R"N 1/62005
LEGAL DESCRIPTION OF PROPERTY
The southwest quarter of the southeast quarter and that portion of
the northwest quarter of the southeast quarter lying southerly of
the H.B_ Carter County Road; All Section 32, Township 21 North,
Range 5 East, W.M_, in King County, Washington;
EXCEPT that portion thereof conveyed to King County for Stuck Road
and by Deed recorded under Recording Number 5401388;
AND EXCEPT that portion thereof conveyed by_King County for Lake
:Tapps Access Road, by deed recorded under Recording Number 5801756.
FEE PAYMENT: $2,075.00 and $53.00 per acre plus $727.00 for Environmental Checklist
T.R. # CASHIER'S INITIALS:
DATE RECEIVED:
PUO Application Page 6 of 7
ReNseO 1 6R
PRELIMINARY PLAT APPLICATION
PROPERTY OWNER'S NAME
Sec. Twp. Rng.
Zone Existing
Staff Project Coordinator:
APPLICATION NUMBER
Area Code
Scheduled Hearing
Date Received
CPDD /C04 DO NOT WRITE ABOVE THIS LINE APPLICANT: COMPLETE THIS FORM WITH ALL ENTRIES BEING TYPED (except
signatures) OR NEATLY PRINTED IN INK. IF ADDED SPACE IS NEEDED,
ATTACH THE ADDITIONAL REQUIRED PAGES TO THIS APPLICATION.
NAME OF SUBDIVISION: Kersey III - Division 1
Total area of subdivision: Acres: 50.60 Sq. Ft.: 2,204,110
Total number of lots:
Total number of dwelling units: 169
Proposed zoning: RI with PUD District
Existing zoning: R1
Proposed land use: Single-family
Minimum size of lot as shown on plat: 3,985 sq. fL
Minimum lot width as shown on plat: 40 feet
Minimum lot depth as shown on plat: 100 feet
Proposed source of domestic water supply: City of Auburn
Proposed sewage disposal system: City of Auburn
PrefiminaryPlat Page 4 of 6
a.: veaoos
ALL PROPERTY OWNERS INCLUDED IN THIS APPLICATION MUST BE LISTED BELOW
OPPOSITE A "PARCEL NUMBER" WHICH IS ALSO SHOWN ON THE LEGAL DESCRIPTION AND
INDICATES THE PROPERTY OWNED BY EACH APPLICANT. YOUR SIGNATURE ALSO
INDICATES YOU HAVE READ AND UNDERSTOOD THE CONTENTS OF THIS APPLICATION AND
ITS ATTACHMENTS.
PARCEL
NAME, ADDRESS & PHONE NUMBER
NUMBER
(Please Print)
322105- 015
Wi 1"am
& Debra Jonen
PO Box
146
Renton,
WA 98057
322105-9017
William
& Debra .Tones
PO Box
146
Renton,
WA 98057
DESIGNATED CONTACT PERSON: A
Name: Chris Perko
Address: 18215 72nd Avenue South
City: Kent, WA 98032
Phone: (425) 251-6222
Preliminary Pial Page 5 of 6
a"w,m r�
LEGAL DESCRIPTION OF PROPERTY
The southwest quarter of the southeast quarter and that portion of
the northwest quarter of the southeast quarter lying southerly of
the H.B. Carter County Road; All in Section 32, Township 21 North,
Range 5 East, W.M_, in King County, Washington;
EXCEPT that portion thereof conveyed to King County for Stuck Road
and by Deed recorded under Recording Number 5407388;
AND EXCEPT that portion thereof conveyed by King County for Lake
;4apps Access Road, by deed recorded under Recording Number 5801756.
FEE PAYMENT: $1,038.00 and $53.00 per lot plus $727.00 for Environmental Checklist
T.R. #:
DATE RECEIVED:
CASHIER'S INITIALS:
Preliminary Plat P 6 of 6
Rni lffi 5 age
REZONE APPLICATION
PROPERTY OWNER'S NAME
Sec. Twp.
APPLICATION NUMBER
Zone Existing:
Area Code: L' I\ Zone Request:
Scheduled Public Hearing: -TI J V Date Received: Lf— e-0,5
Staff Project Coordinator:_,. SIL tX auY
Do Not Write Above This Line
APPLICANT: COMPLETE THIS FORM WITH ALL ENTRIES BEING TYPED (except signatures) OR
NEATLY PRINTED IN INK. IF ADDED SPACE IS NEEDED, ATTACH THE ADDITIONAL REQUIRED
PAGES TO THIS APPLICATION.
I (we), the undersigned,
names(s) hereby petition
described herein from:
R1
OWNER(S) of property numbered opposite my (our)
for a change of zoning classification of property
TO 111 with PUD District
A. How is the property involved in this application more suitable for the uses permitted in the proposed
zone than those permitted in the present classification?
See attached narrative.
B. Explain why there is a need in the area for more zoning of the type requested, and wherever
possible, substantiate this statement with factual data.
See attached narrative.
Rezone for Hearing Examiner Page 4 of 7
Rev6eC 1!6/2005
C. Why is this zoning compatible with the other existing uses in the neighborhood?
See attached narrative.
O. Why is this rezone compatible with the existing zoning in the area?
See attached narrative.
E. Why is this rezone consistent with the Comprehensive Plan for the area?
See attached narrative.
Rezone for Hearing Examiner Page 5 of 7
Re,s.d V62005
ALL PROPERTY OWNERS INCLUDED IN THIS APPLICATION MUST BE LISTED BELOW
OPPOSITE A'PARCEL NUMBER' WHICH IS ALSO SHOWN ON THE LEGAL DESCRIPTION AND
INDICATES THE PROPERTY OWNED BY EACH APPLW-ANT, YOUR SIGNATURE ALSO
INDICATES YOU WAVE READ AND UNDERSTOOD THE CONTENTS OF THIS APPLICATION AND
ITS ATTACHMENTS.
PARCEL
NUMBER
322105-9039
Fax number
E-mait address
Fax number
E -mall address
NAME, ADDRESS BPHONE NUMBER
(Please Print) SIGNATURE
708 Ventage Circle
Mesquite, N7 89024
AGENT and/or OWNER'S REPRESENTATNE:
Name; Chris Ferko
Address; — 18215 72nd Avenue Routtb
City/Phone: Kent, WA 98032 (425)251-6222
Fax number (425) 251-8782
E•mailaddress cferko@barxhausen.con
Indicate Mottled for Future Notifications
Fax Mani K Telephone
E-mail %
Please be advised that even though tlne City of Aubt n may approve your requested rezone, OW
approval does not guamntes a subpquent, specific use. You wNt be required to conform to an
other devekWorant criteria of the City of Auburn in order to develop your property,
Ra Por mac "ewrmw
role... ueoos
b'd OLE£ 299 902
311 ysan sueao0
Page 6 of7
e£t.=0i SO BZ JeW
LEGAL DESCRIPTION OF PROPERTY
Lot 1, City of Auburn Short Plat Number SP -22-77, recorded under
Recording Number 7905301012, being a revision of Short Plat recorded
under Recording Number 7712130917, in King County, Washington, being
a portion of the east half of the southwest quarter of Section 32,
Township 21 North, Range 5 East., W.M.-, in King County, Washington.
FEE PAYMENT: $1,556.00 plus $727.00 for SEPA checklist
T.R. #:
Cashier's lnifials: Date Received:
Rezone for Hearing Examiner Page 7 of 7
Re. d u W5
PUD APPLICATION
Jo Ce ¢A 0L-- aou-cS i�Vti-1,) QS-- C)
APPLICANTS NAME APPLICATION NUMBER
Zone Existing Scheduled Hearing
pate Received -0
Pjj
srdl Project coordinalor. _
...._....... __........
_
DO NOT WRITE ABOVE THIS UNE
APPLICANT:. COMPLETE TEAS FORM WITH ALL ENTRIES BEING TYPED (except
stgnatwes) OR NEATLY PRINTED M INK IF ADDED SPACE IS NEEDED,
ATTACH THE ADDITIONAL REQUIRED PAGES TO THIS APPLICATION.
ALL PROPERTY OWNERS INCLUDED IN THIS APPLICATION MUST BE LWTE0 BELDW
OPPOSITE A `PARCEL NUMBER' WHICH IS ALSO SHOWN ON THE LEGAL DESCRIPTION
AND INDICATES THE PROPERTY OWNED BY EACH APPLICANT_ YOUR SIGNATURE ALSO
INDICATES YOU HAVE READ AND UNDERSTOOD THE CONTENTS OF THIS APPLICATION
AND RS ATTACHMENTS.
PARCEL
NUMBER(S)
322105-9039
Fax mwnber
E -mall address
NAME. ADDRESS & PHONE NUMBER
( ale �Pi�
e
708 Yentana Circle
Mesquite, NV 89024
Fax number
E-ma,Tadtlness
DESIGNATED CONTACT PERSON:
Name: .-Chris Ferko V
Address: 18215 72nd Avenue South
CwPhone: Rent, NA 98032 (425) 251-6222
eferIndicate Method for Future Notifications rgLauseu. cm .
Fax Mall E Telephone E-mail
PUD AppkA�
Page 5 of 7
9'd OLEE 099 902 311 qs&M sueao0 eE4=OT s0 82 Jew
LEGAL DESCRIPTION OF PROPERTY
Lot 1, City of Auburn Short Plat Number SP -22-77, recorded under
Recording Number 7905301012, being a revision of Short Plat recorded
under Recording Number 7712130917, in King County, Washington, being
a portion of the east half of the southwest quarter of Section 32,
Township 21 North, Range 5 East, W.M., in King County, Washington_
FEE PAYMENT: $2,075.00 and $53.00 per acre plus $727.00 for Environmental Checklist
T.R. # CASHIER'S INITIALS:
DATE RECEIVED:
PUD Application Page 6 of 7
Rsris 11&2W5
PRELIMINARY PLAT APPLICATION
Jolie ftt�ooU ��tcis PLTo �a
PROPERTY OWNER'S NAME APPLICATION NUMBER
Sec. Twp. Rng.
Zone Existing
Staff Project Coordinator.,
Area Code
Scheduled Hearing
Date Received 4-53--a�
DO NOT WRITE ABOVE THIS LINE
APPLICANT: COMPLETE THIS FORM WITH ALL ENTRIES BEING TYPED (except
signatures) OR NEATLY PRINTED IN INK. IF ADDED SPACE IS NEEDED,
ATTACH THE ADDITIONAL REQUIRED PAGES TO THIS APPLICATION.
NAME OF SUBDIVISION: Kersey III - Division 2
Total area of subdivision: Acres: 38.40 Sq. Ft.: 1,672,732
Total number of lots: 205
Total number of dwelling units: 205
Proposed zoning: R1 with PUD District
Existing zoning: RI
Proposed land use: _Single-family
Minimum size of lot as shown on plat: 4,000 sq. &
Minimum lot width as shown on plat: 40 feet
Minimum lot depth as shown on plat: 100
Proposed source of domestic water supply:
Proposed sewage disposal system:
City of Auburn
Citv of
feet
PfeliminaryPlat Page 4 of 6
Revised llfi 1W5
ALL PROPERTY OWNERS INCLUDED IN THIS APPLICATION MUST BE LISTED BELOW
OPPOSITE A'PARCEL NUMBER' WHICH IS ALSO SHOWN ON THE LEGAL DESCRIPTION AND
INDICATES THE PROPERTY OWNED BY EACH APPLICANT. YOUR SIGNATURE ALSO
INDICATES YOU HAVE READ AND UNDERSTOOD THE CONTENTS OF THIS APPLICATION AND
ITS ATTACHMENTS.
PARCEL NAME, ADDRESS a PHONE NUMBER
NUMBER
LG9/OD
322105-9 39 Jovice S nate ]Sall es
768 Ventana Circle
Mesquite, AV 89026
DESIGNATED CONTACT PERSON:
Prckm y Pies
a.�:..e uaenos
_Chris Ferko
18215 72nd Avenue South
..Kent, VA 98037-
(425) 251-6222
�*C! 2 FA a g; � ME/
IM
PW5of6
6'd OLEE 299 900 311 IsaD sueaoO ebb=01 SO Ba Jew
LEGAL DESCRIPTION OF PROPERTY
Lot 1, City of Auburn Short Plat Number SP -22-77, recorded under
Recording Number 7905301012, being a revision of Short Plat recorded
under Recording Number 7712130917, in King County, Washington, being
a .portion of the east half of the southwest quarter of Section 32,
Township 21 North, Range 5 East, W.M., in King County, Washington.
FEE PAYMENT: $1,038.00 and $53.00 per lot plus $727.00 for Environmental Checklist
T.R. #:
DATE RECEIVED:
CASHIER'S INITIALS:
Preliminary Plat Page 6 of 6
Re's 1/61 m
PROJECT NARRATIVE AND FINDINGS
Kersey III, Divisions 1 and 2
Kersey Way S.E. and Evergreen Way S.E.
Auburn, Washington
King County Parcel Nos. 322105-9015, -9017, and -9039
City of Auburn File Nos. PLT00-0040 and SEP00-0040
Revised April 5, 2005
Our Job No. 11394
I. TABLE OF CONTENTS
a. Project Description
i. Overview
ii. Project Data
iii. Design Requirements
iv. Public Infrastructure
b. Findings of Fact — PUD Rezone
c. Findings of Fact — Preliminary Plat
H. PROJECT DESCRIPTION
a. Overview
The proposal is amend/revise the original August 24, 2000 preliminary plat application
for Kersey III to subdivide Divisions 1 and 2 via the PUD process. Division 3 is not a
part of this amended/revised preliminary plat application, as the Division 3 property
owner has elected to pursue its entitlements separately. It is our understanding that
Triad Associates is currently working on revised preliminary plat documents for
Division 3.
ii. The Division 1 preliminary plat proposes 169 single-family lots with an average lot size
of 5,159 square feet and the Division 2 preliminary plat will have 205 single-family lots
with an average lot size of 4,863 square feet consistent with the "Alternative 700 —
Complete PUD Preliminary Plat" studied in the Kersey III Draft and Final
Environmental Impact Statements (EIS) dated July 2004 and February 2005,
respectively; therefore, an amendment to the EIS is not required for this development.
iii. The approval of the lot sizes requires PUD approval. Justification supporting the PUD
is provided in Section III of this narrative.
iv. Primary access to the divisions will be from Evergreen Way S.E. Evergreen Way must
be constructed in its entirety prior to final plat approval for either division. Final
engineering of Evergreen Way S.E. is in progress and construction of Evergreen Way is
anticipated to begin as soon as permits are issued, hopefully, in summer/fall 2005.
v. A road connection will be constructed between Divisions i and 2 and provides access to
the neighborhood park proposed within the Bonneville Power Administration (BPA)
easement dividing the two divisions. The park will be dedicated to the City of Auburn
and has been sized pursuant to the requirements of the EIS to satisfy the park
1- 11394D12.dm [RJMtep]
requirements for Divisions I and 2. The park will include playground areas, picnic
facilities, and open grassy areas for general play. The park will also include a path
system connecting the north and south boundaries of the development to the City's
planned 5 -mile looped trail network. A conceptual park plan is included with the
preliminary plat plans.
vi. Barghausen Consulting Engineers, Inc., conducted many meetings with City of Auburn
Public Works representatives and included preliminary road, grading, drainage, water
and sewer plans with the preliminary plat plans to illustrate the improvements.
b. Project Data
OPEN SPACE SUMMARY:
Division 1 Open Space = 22.21 acres (43.68 percent of 50.85 acres)
Division 2 Open Space = 6.99 acres (18.17 percent of 38.46 acres)
Total Divisions 1 and 2 Open Space = 29.20 acres (32.70 percent of 89.31 acres)
PARK CALCULATIONS:
City requires 6.24 acres per 1,000 people
Total number of lots = 205 + 169 = 374 lots
374 lots X 2.5 people per lot = 374 lots
935 X 6.25 acres per 1,000 people = 5.84 acres
Total park area = 6.72 acres
Both Divisions 1 and 2 share the proposed on Division 1 Tracts D and E
-2- 11394.012.d« [mA/tepi
Division 2
Division 1
Tax No.:
322105-9039
322105-9015
322105-9017
Site Area:
38.46 acres
50.85 acres
Existing Use:
Undeveloped
Proposed Use:
Single -Family
-Undeveloped
Single -Family
Existing Zoning:
RI
RI
Proposed Zoning:
PUD
PUD
Existing Comprehensive Plan Designation:
Single -Family
Single -Family
Proposed Comprehensive Plan Designation:
Single -Family
Sin le-Famil
Average Lot Width:
40 feet
50 feet
Average Lot Area:
4,863 square feet
5,159 square feet
Project Density:
205 lots
5.35 DU/AC
169 lots
3.34 DU/AC
Required Minimum Setbacks:
Front Street Building:
Front Street Garage:
Side Street:
Side Interior:
Rear:
15 feet
20 feet
10 feet
5 feet
20 feet
15 feet
20 feet
10 feet
5 feet
20 feet
Maximum Base Height of Buildings:
30 feet
30 feet
OPEN SPACE SUMMARY:
Division 1 Open Space = 22.21 acres (43.68 percent of 50.85 acres)
Division 2 Open Space = 6.99 acres (18.17 percent of 38.46 acres)
Total Divisions 1 and 2 Open Space = 29.20 acres (32.70 percent of 89.31 acres)
PARK CALCULATIONS:
City requires 6.24 acres per 1,000 people
Total number of lots = 205 + 169 = 374 lots
374 lots X 2.5 people per lot = 374 lots
935 X 6.25 acres per 1,000 people = 5.84 acres
Total park area = 6.72 acres
Both Divisions 1 and 2 share the proposed on Division 1 Tracts D and E
-2- 11394.012.d« [mA/tepi
c. Design Requirements
The following Design Guidelines are listed directly on the preliminary plat map. These
guidelines are general in nature and will be refined and governed by Covenants,
Conditions, and Restrictions. The CC&Rs will be prepared after preliminary plat
approval, and must be approved by the City of Auburn before final plat is issued.
I. Building Orientation/Plaeement:
a. Building setbacks from public streets should be minimized while maintaining
privacy and providing a greater portion of the lot to private back yards and
parking.
b. Building faces should vary in articulation to provide a visually interesting
streetscape to pedestrians. Building entries and windows should face the street.
Front porches, bays, and balconies are encouraged.
c. Primary groundfloor entries should orient to streets and not to interior blocks or
parking lots, thereby making the front door to single-family homes, duplexes, and
townhouses visible from the street.
d. If buildings are set back from the street, there should be a pedestrian connection
that links the entrance to the street footage.
1. Building Facades and Roof Lines:
a. All structures shall exhibit some level of design treatment and design continuity
with the other components of the PUD.
b. PUDs should be designed to be compatible with existing and proposed adjacent
land uses in materials, signage, lighting, architectural design, and color.
c. Building entrances for pedestrians should be easily identiftable and easily
accessible.
d. Accessory structures such as street furniture, mailboxes, kiosks, and other
accessory structures are to be designed as part of the architectural concept of the
PUD's building and landscape design.
3. Colors and Materials:
a. Colors and materials of the adjacent area should be considered when selecting the
materials and colors used in the PUD.
b. Developments in visually dominant areas, such as the hillsides, shall use muted colors
to blend the development in with adjacent natural areas.
c. Bright and/or brilliant colors are to be used only min imallyfor accent.
-3- 11394.012Aa [RJAnep]
4. Project Signage:
a. Signs should be designed to be consistent with the architectural treatment and
overall character of the PUD.
b. Sign location should be integrated within the design of the site and the adjacent
streetscape.
c. Sign lighting shall be compatible with the lighting located on the development.
S. Screening:
a. All screening should be architecturally compatible with the overall design of the
PUD.
b. All service areas must be screened to conceal trash containers and other
mechanical/electrical equipment from eye level at all public ways and adjacent
properties.
c. Parking areas adjacent to right-of-way or adjoining properties should be screened
with landscaping, a berm, a screen wall, or any combination, in order to improve
the visual appearance of the streetscape.
6. Landscaping and Fencing: The following should be considered in addition to the Zoning
Code required landscaping. Street frontage landscaping is also required and all
requirements of the Zoning Code must be met or exceeded,- however, there may be some
flexibility allowed in the design and location.
a. Proposed landscape treatment should consider any unique site characteristics, such
as existing vegetation, topography, or other unique features.
b. Landscape treatment shall be provided to enhance architectural features and frame
vistas.
c. For multi -phased projects, areas designated for future phases, if graded or
disturbed, will be landscaped with appropriate vegetation intended to minimize
erosion.
d. The landscape design of the PUD shall attempt to achieve unity by repetition of
certain plant varieties and other materials and by correction with other adjacent
properties.
e. Fencing shall be designed to be compatible with the overall design of the PUD.
7. Site Lighting:
a. All facilities shall be designed with proper exterior lighting.
b. Lighting fixtures and illumination sources should be compatible with the design and
character of the building components on the site and adjacent areas.
-4- 11394.012.dm [RJA/tep]
c. All site lighting will be shielded, hooded and directed downward to eliminate glare and
negative impacts on adjacent properties.
d. Excessively bright and brilliant colored lights should not be used.
d. Public Infrastructure
i. The applicant for the PUD must provide all necessary public facilities to include, as a
minimum, the following:
1. Dedication of Public Utilities. Public utilities such as water facilities, sanitary
sewer, and storm water facilities must be dedicated to the city unless allowed to
be private by the city.
Comment: All public water, sanitary sewer, and storm drainage utilities will
be dedicated to the City of Auburn.
2. Public Water, Sewer and Drainage Facilities. All water, sanitary sewer and
drainage facilities must be constructed and installed in accordance with
applicable city codes and standards. The design and construction of sanitary
sewers, water lines, storm and surface drainage systems, and other utility
systems within a PUD district shall not cause a higher net public operational
cost than would generally occur in the area without the PUD.
Comment: The public water, sewer, and drainage facilities will be designed in
accordance with the City of Auburn Design Standards, August 2004.
3. Underground Facilities. All public utilities must be placed underground except
those that by their nature must be on or above ground, such as streets, fire
hydrants, and open water courses. The applicant is responsible for making the
necessary arrangements with the appropriate entities for the installation of
such services.
Comment: All utilities within the plat1PUD will be placed underground where
applicable.
4. Streets. All streets must be constructed to the city's standards. Variations from
minimum standards far pavement and right-of-way widths or other dimensional
or construction standards may be permitted when special design features ofthe
PUD or to topographic considerations render these minimum standards
unnecessary or inappropriate. The applicant must submit a written
justification for any proposed variation along with evidence that the minimal
functional requirements of the proposed street improvements are being met and
recommend whether the variation should be approved. The city engineer may
require conditions of approval to ensure the minimal functional requirements
are being met.
Comment: All streets will be designed to the City of Auburn's Design
Standards, subject to any variations approved through the EIS or preliminary
plat/PUD review process.
-5- 11394.011dm [R1A/tep]
III. FINDINGS OF FACT — PUD REZONE
a. The hearing examiner shall only recommend approval of applications for a rezone to a PUD
designation if sufcient findings offact are drawn to support all the following criteria:
i. 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.
Comment: Adequate provisions are made for the public health, safety and general
welfare. Specifically, all open spaces, drainage ways, streets, water systems, sanitary
facilities, parks, and playgrounds are designed to all applicable agency regulations. All
applicable permits and approvals associated with these facilities will be obtained prior
to construction. All applicable impact fees will be paid as conditioned for final plat
approval or at individual lot building permit as applicable. The project is within the
scope of the adopted Kersey III EIS and will be subject to applicable mitigation
measures.
ii. The proposed PUD is in accordance with the goals, policies and objectives of the
comprehensive plan.
Comment: Addressed in (pages 77 through 86) Section 3.5.3 of the Draft EIS dated
July 2004. Please refer to the Draft EIS for a detailed discussion:
iii. The PUD is consistent with the purpose of this chapter, ACC 18.69.010. and 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 subdivisions standards.
Comment: Following is evidence the PUD is consistent with the findings of this
chapter and provides for the public benefits required:
a. Preservation of Natural Amenities: The project will preserve a slope of existing
trees along Kersey Way that will provide a natural visual and acoustic buffer
between Kersey Way and the development. The public park at the topmost portion
of the BPA easement will take advantage of existing views to the north.
b. Pedestrian Oriented Communities: The project will include constructing frontage
improvements along Kersey Way providing a pavement width between centerline
and face of curb that will accommodate a future provision of a bike lane. The
public park between Divisions 1 and 2 will include pedestrian trails that will link to
the City's planned 5 -mile loop system. All public streets within Divisions 1 and 2
will include 5 -foot -wide concrete sidewalks on both sides, separated from the
roadway by a planter strip. As documented Section 3.6.1.1 of the Draft EIS, the
project site does not have existing transit service.
c. Land Use Efficiencies: Plat infrastructure grading is designed to minimize overall
costs. Lot pads will be graded flat to reduce home construction costs. The
increased quantity of lots distributes overall construction and development costs
-6- 11394.012.da [RJA/tep]
among a greater number of purchasers, thus decreasing prices on a home -by -home
basis.
d. Improved Transitional Areas: All housing proposed is single-family compatible
with the surrounding residential zoning classifications and predominant residential
development pattern. Also, the transition from neighborhood streets to Kersey Way
is buffered with the preservation of the slope of existing trees along Kersey Way.
e. Implementation of the Comprehensive Plan: Refer to Section 3.5.3 of the Draft
EIS.
f. Enhanced Design Features: Design Guidelines are provided on the preliminary plat
to guide individual site planning and architectural design. The Design Guidelines
will be refined and governed by Covenants, Conditions, and Restrictions to be
prepared after preliminary plat approval and approved by the City of Auburn before
final plat recording.
g. Creation of Public Amenities: The public park provided between Divisions 1 and 2
will provide a variety of amenities for all age groups, including playground
facilities, picnic facilities, trails, and open grassy areas for general play. The park
will be interconnected with the City's planned 5 -mile looped trail system. The park
will be located at the topmost portion of the BPA easement to take advantage of
distant views to the north.
h. Affordable Housing: The increased density of lots distributes overall construction
and development costs among a greater number of purchasers, thus decreasing
prices on a home -by -home basis.
iv. The proposed PUD conforms to the general purposes of other applicable policies or
plans which have been adopted by the city council.
Comment: Please refer to the Draft EIS dated July 2004.
v. 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.
Comment: The EIS adopted for Kersey III specifically addresses adverse impacts
caused by the proposed development and outlines mitigation measures. The proposed
development is consistent with the EIS and will be subject to EIS mitigation measures.
vi. The proposed PUD is consistent with the design guidelines that are outlined in
ACC 18.69.080(D)
Comment: Design Guidelines are stated on the preliminary plat plans, and will be
refined and governed by Covenants, Conditions, and Restrictions. The CC&Rs will be
prepared after preliminary plat approval, and must be approved by the City of Auburn
before final plat is issued.
-7- 11344.012.d« taJAnep]
IV. FINDINGS OF FACT — PRELIMINARY PLAT
a. Preliminary plats shall only be approved if findings offact are drawn to support the following:
i. 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:
Comment: Adequate provisions are made for the public health, safety and general
welfare. Specifically, all open spaces, drainage ways, streets, water systems, sanitary
facilities, parks, and playgrounds are designed to all applicable agency regulations. All
applicable permits and approvals associated with these facilities will be obtained prior
to construction. All applicable impact fees will be paid as conditioned for final plat
approval.. The project is within the scope of the adopted Kersey III EIS and will be
subject to applicable mitigation measures.
ii. Conformance of the proposed subdivision to the general purposes of the comprehensive
plan,
Comment: Please refer to Section 3.5.3 of the Draft EIS dated July 2004.
iii. Conformance of the proposed subdivision to the general purposes of any other
applicable policies or plans which have been adopted by the council.
Comment: Please refer to the EIS.
iv. Conformance of the proposed subdivision to the general purposes of this title, as
enumerated in ACC 17.02.030;
Comment: Following is evidence the subdivision is consistent with the general
purposes of this title:
a. Prevent the overcrowding of land. The EIS adopted for Kersey III specifically
addresses adverse impacts caused by the proposed development. The proposed
development is consistent with the base density utilized in the EIS and the project
will be subject to EIS mitigation measures. A similar project developed under
lesser density would be subject to similar mitigation measures
b. Lessen congestion and promote safe and convenient travel by the public on streets
and highways. The EIS adopted for Kersey III specifically addresses adverse
impacts caused by the proposed development, including impacts to transportation.
The construction of Evergreen Way will benefit travel on public streets. The trail
facilities constructed within the public park will provide a regional connection for
the City's planned 5 -mile looped trail system. All streets within the development
are designed to City of Auburn standards and include sidewalks for efficient
pedestrian circulation.
c. Promote the effective use of land. The properties will be divided and developed in
an effective manner, providing housing in a rational, cost-effective manner.
-8- 11394.012.d« ]x.lwtw]
d. Provide for adequate light and air. All homes will be constructed to meet City of
Auburn bulk regulations for setbacks and height. Also, all homes will be subject to
the Design Guidelines and CC&Rs governing site planning and architectural
design.
e. Facilitate adequate provision for water, sewerage, drainage, parks and recreational
areas. All facilities for water, sewer, drainage, parks, and recreation are designed
pursuant to City of Auburn design regulations and the mitigation measures of the
Kersey III EIS.
f Provide for proper ingress and egress. All streets will be constructed to City of
Auburn standards.
g. Provide for the housing needs of the citizens of the state and city. The project will
provide housing at an affordable price to meet the demand of the marketplace.
h. Require uniform monumenting of land divisions and conveyance by accurate legal
description. All construction plans are based on a Boundary and Topographic
survey prepared to the City standards for monumentation and datum.
i. Implement the goals, objectives, and policies of the Auburn Comprehensive Plan.
See response to (ii) above.
j. Prevent or abate public nuisances. The project will be subject to all ordinances
regulating construction activities, including noise, odors, and hours of construction.
After construction, the properties will be subject to all City of Auburn nuisance
code standards.
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, or as modified and approved as part of a PUD pursuant to Chapter 18.69
ACC;
Comment: The project is consistent with the Auburn zoning ordinance and all
applicable planning and engineering standards and specifications. Likewise the project
is consistent with all PUD standards as described herein.
vi. 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:
Comment: The project is within the scope of the adopted Kersey III EIS and will be
subject to applicable EIS mitigation measures.
vii. Adequate provisions are made so that the preliminary plat will prevent or abate public
nuisances. (Ord. 5140§1, 1996; Ord. 4772§1, 1995; Ord. 4296§2, 1988)
Comment: The project will be subject to all ordinances regulating construction
activities, including noise, odors, and hours of construction. After construction, the
properties will be subject to all City of Auburn nuisance code standards.
-9- 11393.012 dm [RJAhep]
I.
II.
PROJECT NARRATIVE AND FINDINGS
Kersey III, Divisions I and 2
Kersey Way S.E. and Evergreen Way S.E.
Auburn, Washington
King County Parcel Nos. 322105-9015, -9017, and -9039
City of Auburn File Nos. PLT00-0040 and SEP00-0040
Revised May 19, 2005
Our Job No. 11394
TABLE OF CONTENTS
a. Project Description
i. Overview
ii. Project Data
iii. Design Requirements
iv. Public Infrastructure
b. Findings of Fact — PUD Rezone
c. Findings of Fact — Preliminary Plat
PROJECT DESCRIPTION
a. Overview
MAY 2 0 2005
P!s%NING DrPARTI FE 3T
The proposal is amend/revise the original August 24, 2000 preliminary plat application
for Kersey III to subdivide Divisions 1 and 2 via the PUD process. Division 3 is not a
part of this amended/revised preliminary plat application, as the Division 3 property
owner has elected to pursue its entitlements separately. It is our understanding that the
property owner is currently working on revised preliminary plat documents for
Division 3.
ii. The Division l preliminary plat proposes 169 single-family lots with an average lot size
of 5,086 square feet and the Division 2 preliminary plat will have 205 single-family lots
with an average lot size of 5,152 square feet consistent with the "Alternative 700 —
Complete PUD Preliminary Plat" studied in the Kersey III Draft and Final
Environmental Impact Statements (EIS) dated July 2004 and February 2005,
respectively; therefore, an amendment to the EIS is not required for this development.
iii. The approval of the lot sizes requires PUD approval. Justification supporting the PUD
is provided in Section III of this narrative.
iv. Primary access to the divisions will be from Evergreen Way S.E. Evergreen Way S.E.,
must be constructed in its entirety prior to final plat approval for either division. Final
engineering of Evergreen Way S.E., is in progress and construction of Evergreen Way
S.E., is anticipated to begin as soon as permits are issued, hopefully in
summer/fall 2005.
v. A road connection will be constructed between Divisions 1 and, 2 and provides access to
the neighborhood park proposed within the Bonneville Power Administration (BPA)
easement dividing the two divisions. The park will be dedicated to the City of Auburn
-1-
EXHIBIT 5
and has been sized pursuant to the requirements of the EIS to satisfy the park
requirements for Divisions I and 2. The park will include playground areas, picnic
facilities, and open grassy areas for general play. The park will also include a path
system connecting the north and south boundaries of the development to the City's
planned 5 -mile looped trail network. A conceptual park plan is included with the
preliminary plat plans.
vi. Barghausen Consulting Engineers, Inc., conducted many meetings with City of Auburn
Public Works representatives and included preliminary road, grading, drainage, water,
and sewer plans with the preliminary plat plans to illustrate the improvements.
b. Project Data
* As part of the PUD approval, the applicant requests the, minimum front street building
setback to be reduced to 10 feet. This will allow staggered variation in the front street
building setback to improve the streetscape for building orientation/placement to vary
between 10 and 20 feet front street building setback.
** As part of the PUD approval, the applicant requests that the maximum building coverage be
increased from 40 to 50 percent. This is necessary due to the smaller proposed lot sizes and
for general consistency with the coverage limitations in adjacent City and County
jurisdictions.
-2- 11394.012.do [R]A/tep]
Division 2
Division 1
Tax No.:
322105-9039
322105-9015
322105-9017
Site Area:
38.46 acres
50.85 acres
Existing Use:
Undeveloped
Undeveloped
Proposed Use:
Single -Family
Single -Family
Existing Zoning:
RI
RI
Proposed Zoning:
PUD
PUD
Existing Comprehensive Plan Designation:
Single -Family
Single -Family
Proposed Comprehensive Plan Designation:
Single -Family
Sin le-Famil
Average Lot Width:
40 feet
50 feet
Average Lot Area:
5,152 square feet
5,086 square feet
Project Density:
205 lots
5.35 DU/AC
169 lots
3.34 DU/AC
Required Minimum Setbacks:
Front Street Building:
Front Street Garage:
Side Street:
Side Interior:
Rear:
15 feet*
20 feet
10 feet
5 feet
20 feet
15 feet*
20 feet
10 feet
5 feet
20 feet
Maximum Building Coverage:
140percent"
40percent"
Maximum Base Height of Buil din s:
130 feet
30 feet
* As part of the PUD approval, the applicant requests the, minimum front street building
setback to be reduced to 10 feet. This will allow staggered variation in the front street
building setback to improve the streetscape for building orientation/placement to vary
between 10 and 20 feet front street building setback.
** As part of the PUD approval, the applicant requests that the maximum building coverage be
increased from 40 to 50 percent. This is necessary due to the smaller proposed lot sizes and
for general consistency with the coverage limitations in adjacent City and County
jurisdictions.
-2- 11394.012.do [R]A/tep]
OPEN SPACE SUMMARY:
Minimum Open Space Required = 20% x 89.31 AC = 17.86 AC
Minimum Open Space Less Than 25% Slope = 50% x 17.86 AC = 8.93 AC
Total Open Space Provided = 22.60 + 5.91 = 28.51 AC (31.92% of 89.31 AC)
Total Open Space Provided Less Than 25% Slope = 10.34 + 2.75 = 13.09 AC (73.29% of
17.86 AC)
PARK CALCULATIONS:
City requires 6.24 acres per 1,000 people
Total number of lots = 205 + 169 = 374 lots
374 lots X 2.5 people per lot = 374 lots
935 X 6.25 acres per 1,000 people = 5.84 acres
Total park area = 6.72 acres
Both Divisions 1 and 2 share the proposed on Division I Tracts D and E
c. Design Requirements
The Kersey III PUD will be architecturally unified with the Building Design Guidelines
included with this application. The overall intent of the Guidelines is to provide a variety of
housing styles and floor plans that will be suitable for variety of homeowners from new families
to empty nesters. While the individual home styles will be to some extent dictated by lot
dimensions and topography, the overall scheme of the different neighborhoods will use
compatible colors and architectural styles. An Architectural Review Committee will be
established via the Covenants, Conditions, and Restrictions (CC&RS) to assure that all future
construction is in accordance with the Guidelines. The Guidelines will regulate housing sizes,
color schemes, roofing types, landscaping, and building orientation. The Guidelines are also
designed to meet the following City standards:
1. Building Orientation/Placement:
a. Building setbacks from public streets should be minimized while maintaining
privacy and providing a greater portion of the lot to private back yards and
parking.
b. Building faces should vary in articulation to provide a visually interesting
streetscape to pedestrians. Building entries and windows should face the street.
Front porches, bays, and balconies are encouraged.
c. Primary ground floor entries should orient to streets and not to interior blocks or
parking lots, thereby making the front door to single-family homes, duplexes, and
townhouses visible from the street.
d. If buildings are set back from the street, there should be a pedestrian connection
that links the entrance to the street footage.
2. Building Facades and Roof Lines:
a. All structures shall exhibit some level of design treatment and design continuity
with the other components of the PUD.
-3- 11394.012.dm [RIA/tep]
b. PUDs should be designed to be compatible with existing and proposed adjacent
land uses in materials, signage, lighting, architectural design, and color.
c. Building entrances for pedestrians should be easily identifiable and easily
accessible.
J Accessory structures such as street furniture, mailboxes, kiosks, and other
accessory structures are to be designed as part of the architectural concept of the
PUD's building and landscape design.
3. Colors and Materials:
a. Colors and materials of the adjacent area should be considered when selecting the
materials and colors used in the PUD.
b. Developments in visually dominant areas, such as the hillsides, shall use muted colors
to blend the development in with adjacent natural areas.
c. Bright and/or brilliant colors are to be used only minimally for accent.
4. Project Signage:
a. Signs should be designed to be consistent with the architectural treatment and
overall character of the PUD.
b. Sign location should be integrated within the design of the site and the adjacent
streetscape.
c. Sign lighting shall be compatible with the lighting located on the development.
5. Screening:
a. All screening should be architecturally compatible with the overall design of the
PUD.
b. All service areas must be screened to conceal trash containers and other
mechanicaUelectrical equipment from eye level at all public ways and adjacent
properties.
c. Parking areas adjacent to right-of-way or adjoining properties should be screened
with landscaping, a berm, a screen wall, or any combination, in order to improve
the visual appearance of the streetscape.
6. Landscaping and Fencing: The following should be considered in addition to the Zoning
Code required landscaping. Street frontage landscaping is also required and all
requirements of the Zoning Code must be met or exceeded, however, there may be some
flexibility allowed in the design and location.
-4- 11394.012.dm [R)A/tep]
a. Proposed landscape treatment should consider any unique site characteristics, such
as existing vegetation, topography, or other unique features.
b. Landscape treatment shall be provided to enhance architectural features and frame
vistas.
c. For multi phased projects, areas designated for future phases, if graded or
disturbed, will be landscaped with appropriate vegetation intended to minimize
erosion.
d. The landscape design of the PUD shall attempt to achieve unity by repetition of
certain plant varieties and other materials and by correction with other adjacent
properties.
e. Fencing shall be designed to be compatible with the overall design of the PUD.
7. Site Lighting:
a. All facilities shall be designed with proper exterior lighting.
b. Lighting fixtures and illumination sources should be compatible with the design and
character of the building components on the site and adjacent areas.
c. All site lighting will be shielded, hooded and directed downward to eliminate glare and
negative impacts on adjacent properties.
d. Excessively bright and brilliant colored lights should not be used.
d. Public Infrastructure
i. The applicant for the PUD must provide all necessary public facilities to include, as a
minimum, the following:
1. Dedication of Public Utilities. Public utilities such as water facilities, sanitary
sewer, and storm water facilities must be dedicated to the city unless allowed to
be private by the city.
Comment: All public water, sanitary sewer, and storm drainage utilities will
be dedicated to the City of Auburn.
2. Public Water, Sewer and Drainage Facilities. All water, sanitary sewer and
drainage facilities must be constructed and installed in accordance with
applicable city codes and standards. The design and construction of sanitary
sewers, hater lines, storm and surface drainage systems, and other utility
systems within a PUD district shall not cause a higher net public operational
cost than would generally occur in the area without the PUD.
Comment: The public water, sewer, and drainage facilities will be designed in
accordance with the City of Auburn Design Standards, August 2004.
-5- 11394.012.doc [RJAttepl
3. Underground Facilities. All public utilities must be placed underground except
those that by their nature must be on or above ground, such as streets, fire
hydrants, and open water courses. The applicant is responsible for making the
necessary arrangements with the appropriate entities for the installation of
such services.
Comment: All utilities within the plat/PUD will be placed underground where
applicable.
4. Streets. All streets must be constructed to the city's standards. Variations from
minimum standards for pavement and right-of-way widths or other dimensional
or construction standards may be permitted when special design features of the
PUD or to topographic considerations render these minimum standards
unnecessary or inappropriate. The applicant must submit a written
justification for any proposed variation along with evidence that the minimal
functional requirements of the proposed street improvements are being met and
recommend whether the variation should be approved. The city engineer may
require conditions of approval to ensure the minimal functional requirements
are being met.
Comment: All streets
Standards, subject to any
plat/PUD review process.
III. FINDINGS OF FACT — PUD REZONE
will be designed to the City of Auburn's Design
variations approved through the EIS or preliminary
a. The hearing examiner shall only recommend approval of applications for a rezone to a PUD
designation if sufficient findings of fact are drawn to support all the following criteria:
i. 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.
Comment: Adequate provisions are made for the public health, safety and general
welfare. Specifically, all open spaces, drainage ways, streets, water systems, sanitary
facilities, parks, and playgrounds are designed to all applicable agency regulations. All
applicable permits and approvals associated with these facilities will be obtained prior
to construction. All applicable impact fees will be paid as conditioned for final plat
approval or at individual lot Building Permit issuance as applicable. The project is
within the scope of the adopted Kersey III EIS and will be subject to applicable
mitigation measures.
ii. The proposed PUD is in accordance with the goals, policies and objectives of the
comprehensive plan.
Comment: Addressed in Section 3.5.3 (pages 77 through 86) of the Draft EIS dated
July 2004. Please refer to the Draft EIS for a detailed discussion.
iii. The PUD is consistent with the purpose of this chapter, ACC 18.69.010 andprovides
for the public benefits required of the development of PUDs by providing an
improvement in the quality, character, architectural and site design, housing choice
-6- 11394.012.doc IRIA/tep]
and/or open space protection over what would otherwise be attained through a
development using the existing zoning and subdivisions standards.
Comment: The following is evidence that the PUD is consistent with the findings of
this chapter and provides for the public benefits required:
a. Preservation of Natural Amenities: The project will preserve a slope of
existing trees along Kersey Way that will provide a natural visual and
acoustic buffer between Kersey Way and the development. The public park
at the topmost portion of the BPA easement will take advantage of existing
views to the north.
b. Pedestrian Oriented Communities: The project will include constructing
frontage improvements along Kersey Way providing a pavement width
between centerline and face of curb that will accommodate a future provision
for a bicycle lane. The public park between Divisions 1 and 2 will include
pedestrian trails that will link to the City's planned 5 -mile loop system.
Pedestrian pathway tracts are provided throughout the development for
convenient walking routes between the homes and the neighborhood park.
All public streets within Divisions I and 2 will include 5 -foot -wide concrete
sidewalks on both sides, separated from the roadway by a planter strip. As
documented Section 3.6.1.1 of the Draft EIS, the project site does not have
existing transit service.
c. Land Use Efficiencies: Plat infrastructure grading is designed to minimize
overall costs. Lot pads will be graded flat to reduce home construction costs.
The increased quantity of lots distributes overall construction and
development costs among a greater number of purchasers, thus decreasing
prices on a home -by -home basis.
d. Improved Transitional Areas: Building setbacks along the lots that abut
the adjacent off-site rural residential zoned boundaries to the east and south
will provide the more restrictive standard of 35 feet and 25 feet, respectively,
and will include a 6 -foot -high estate fence where lots abut the off-site rural
zoned properties. All housing proposed is single-family compatible with the
surrounding residential zoning classifications and predominant residential
development pattern. Also, the transition from neighborhood streets to
Kersey Way is buffered with the preservation of the slope of existing trees
along Kersey Way.
e. Implementation of the Comprehensive Plan: Please refer to Section 3.5.3
of the Draft EIS.
f. Enhanced Design Features: Conceptual Building Design Guidelines are
provided to guide individual site planning and architectural design. The
Design Guidelines will be refined and governed by an Architectural Review
Committee established by Covenants, Conditions, and Restrictions (CC&Rs).
The CC&Rs will be prepared after preliminary plat approval and approved
by the City of Auburn before final plat recording.
7- 11394.012.dce [RJA![ep]
g. Creation of Public Amenities: The public park provided between
Divisions 1 and 2 will provide a variety of amenities for all age groups,
including playground facilities, sport court, picnic facilities, trails, and open
grassy areas for general play. The park will be interconnected with the
City's planned 5 -mile looped trail system. The park will be located at the
topmost portion of the BPA easement to take advantage of distant views to
the north.
h. Affordable Housing: The increased density of lots distributes overall
construction and development costs among a greater number of purchasers,
thus decreasing prices on a home -by -home basis.
iv. The proposed PUD conforms to the general purposes of other applicable policies or
plans which have been adopted by the city council.
Comment: Please refer to the Draft EIS dated July 2004.
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.
Comment: The EIS adopted for Kersey III specifically addresses adverse impacts
caused by the proposed development and outlines mitigation measures. The proposed
development is consistent with the EIS and will be subject to EIS mitigation measures.
vi. The proposed PUD is consistent with the design guidelines that are outlined in
ACC 18.69.080(D)
Comment: The Conceptual Building Design Guidelines are consistent with
ACC 18.69.080(D) and will be refined and governed by CC&Rs. The CC&Rs will be
prepared after preliminary plat approval and must be approved by the City of Auburn
before the final plat is issued_
IV. FINDINGS OF FACT — PRELIMINARY PLAT
a. Preliminary plats shall only be approved if findings of fact are drawn to support the following:
i. 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:
Comment: Adequate provisions are made for the public health, safety, and general
welfare. Specifically, all open spaces, drainage ways, streets, water systems, sanitary
facilities, parks, and playgrounds are designed to all applicable agency regulations. All
applicable permits and approvals associated with these facilities will be obtained prior
to construction. All applicable impact fees will be paid as conditioned for final plat
approval. The project is within the scope of the adopted Kersey III EIS and will be
subject to applicable mitigation measures.
-8- - 11394.012.doc [RIA/tep]
ii. Conformance of the proposed subdivision to the general purposes of the comprehensive
plan;
Comment: Please refer to Section 3.5.3 of the Draft EIS dated July 2004.
iii. Conformance of the proposed subdivision to the general purposes of any other
applicable policies or plans which have been adopted by the council.
Comment: Please refer to the EIS.
iv. Conformance of the proposed subdivision to the general purposes of this title, as
enumerated in ACC 17.02.030"
Comment: The following is evidence that the subdivision is consistent with the general
purposes of this title:
a. Prevent the overcrowding of land. The EIS adopted for Kersey III
specifically addresses the adverse impacts caused by the proposed
development. The proposed development is consistent with the base density
utilized in the EIS and the project will be subject to EIS mitigation measures.
A similar project developed under lesser density would be subject to similar
mitigation measures.
b. Lessen congestion and promote safe and convenient travel by the public
on streets and highways. The EIS adopted for Kersey III specifically
addresses adverse impacts caused by the proposed development, including
impacts to transportation. The construction of Evergreen Way S.E., will
benefit travel on public streets. The trail facilities constructed within the
public park will provide a regional connection for the City's planned 5 -mile
looped trail system. All streets within the development are designed to City
of Auburn standards and include sidewalks for efficient pedestrian
circulation.
c. Promote the effective use of land. The properties will be divided and
developed in an effective manner, providing housing in a rational,
cost-effective manner.
d. Provide for adequate light and air. All homes will be constructed to meet
City of Auburn bulk regulations for setbacks and height. Also, all homes
will be subject to the Design Guidelines and CC&Rs governing site planning
and architectural design.
e. Facilitate adequate provision for water, sewerage, drainage, parks, and
recreational areas. All facilities for water, sewer, drainage, parks, and
recreation are designed pursuant to City of Auburn design regulations and the
mitigation measures of the Kersey III EIS.
f. Provide for proper ingress and egress. All streets will be constructed to
City of Auburn standards.
-9- 11394.012.doc [R)Altep]
g. Provide for the housing needs of the citizens of the state and City. The
project will provide housing at an affordable price to meet the demand of the
marketplace.
h. Require uniform monumenting of land divisions and conveyance by
accurate legal description. All construction plans are based on a boundary
and topographic survey prepared to the City standards for monumentation
and datum.
i. Implement the goals, objectives, and policies of the Auburn
Comprehensive Plan. See response to (ii) above.
j. Prevent or abate public nuisances. The project will be subject to all
ordinances regulating construction activities, including noise, odors, and
hours of construction. After construction, the properties will be subject to all
City of Auburn nuisance code standards.
v. 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, or as modified and approved as part of a PUD pursuant to Chapter 18_69
ACC;
Comment: The project is consistent with the Auburn zoning ordinance and all
applicable planning and engineering standards and specifications. Likewise, the project
is consistent with all PUD standards as described herein.
vi. 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:
Comment: The project is within the scope of the adopted Kersey III EIS and will be
subject to applicable EIS mitigation measures.
vii. Adequate provisions are made so that the preliminary plat will prevent or abate public
nuisances. (Ord. 5140 § 1, 1996; Ord 4772 § 1, 1995; Ord. 4296 § 2, 1988.)
Comment: The project will be subject to all ordinances regulating construction
activities, including noise, odors, and hours of construction. After construction, the
properties will be subject to all City of Auburn nuisance code standards.
-10. 11394.012.doe [RJA/tep]
KERSEY 3 DIVISIONS I & II
CONCEPTUAL BUILDING DESIGN GUIDELINES
OVERVIEW
The overall intent of the Kersey 3 Divisions I and II planned unit developments is to
provide a variety of housing styles and floor plans that will be suitable for variety of
homeowners from new families to empty nesters.
Divisions I & II are planned to be exclusively single family, and no multifamily or
attached housing is being proposed. Clustered parking, centralized trash collection
sites and large utility vaults will not be used are not proposed within the Divisions.
The photographs and renderings shown are representative of homes that are
constructed in surrounding developments and the City of Auburn. While the
individual home styles will be to some extent dictated by lot dimensions and
topography, the overall scheme of the different neighborhoods will use compatible
colors and architectural styles. An Architectural Review Committee will assure that all
construction is in accordance with the Covenants, Conditions, and Restrictions
(CC&R'S) which will be recorded for the communities.
The CC&R's will establish guidelines as to housing sizes, color schemes, roofing
types, landscaping, building orientation and other items necessary to establish an
architectural theme that flows throughout the communities.
CONSTRUCTION
Wood frame construction, lap siding, architectural style composite roofing, and
concrete driveways, all traditional construction methods and materials, will be used in
the various styles of housing.
Front porches, overhangs, bay windows and staggered garage fronts help the visual
appeal from the street, while the exterior application of brick, stone or stucco details
add uniqueness to the houses and will appeal and to varying individual tastes.
EXHIBIT 6
Variable roof pitches, generally between 4:12 and 8:12, and the fact that no multistory
multifamily housing is proposed will help to bring the mass of the structures down
and harmonize the streetscape.
LANDSCAPING
The large cuts and fills associated with the entry roads will be broken up with
rockeries and or decorative retaining walls and accented with evergreen and
deciduous trees, flowering shrubs and ground cover. Matching entryway
monuments and landscaping will be installed at the main entrances to the
developments and the divisions.
Street trees will be installed along all roadways in conformance with City
standards. The variety of trees will be limited and planted in recurring patterns to
add visual continuity to the streetscape.
Individual lots will be landscaped to compliment the streetscape.
A community park with children's toys, a play field, meeting area and
extensive landscaping will be installed between the two divisions. Off street
parking will be provided as well as pedestrian walkways to the area.
SCREENING
Screening of parking areas, garbage collection sites, and utility clusters will
not be necessary as the PUD's will function as a single family subdivisions.
STREET LIGHTING
Decorative street lights with refractive globes and house side shielding will
light the roadways and keep glare away from the homes.
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NOTICE OF APPLICATION
The City of Auburn has received the following development application, which may be
reviewed at the City of Auburn Department of Planning and Community Development,
25 West Main Street, Auburn, WA.
Nature of Project or Request: Kersey 3 Division 2: Rezone from R1 to Planned Unit
Development (PUD); Planned Unit Development approval; and Preliminary Plat
approval for a proposed subdivision of 38.46 acres into 205 single family residential lots
(5.33 dwelling units per acre). Average lot size is 4,863 sq. ft., with the smallest lot
being 4,000 sq. ft. The project includes natural open space tracts and a storm drainage
tract.
Location: The site is located on the south of Kersey Way, west of and directly adjacent
to the proposed Kersey 3 Division 1 subdivision. The site is located approx. 600 feet
west of Kersey Way at 53rd St. SE and extends from Kersey Way on the north approx.
1000 feet south to the King Co./Pierce Co. line.
Date of Notice of Application: June 15, 2005
Permit Application Date: April 8, 2005
Date of Notice of Completeness: June 8, 2005
File Nos: PLT05-0002, REZ05-0002, PUD05-0002
Applicant: Landholdings, L.L.C.
Two Union Square
601 Union Street, Suite 4200
Seattle, WA 98101
An Environmental Impact Statement (EIS) was previously prepared that addresses the
likely environmental impacts of the proposed development (SEPA File No. SEP00-
0040). The Final EIS (FEIS) was issued on February 11, 2005; no appeals were filed.
The FEIS includes recommended measures for mitigating the potential environmental
impacts of the project. Copies of the FEIS are available for review at the City of Auburn
Permit Center, City Hall, 25 West Main, Auburn. A limited number of copies are
available at a cost of $7.00.
Other Permits Required: The project requires rezone, planned unit development and
preliminary plat approval. If these approval are obtained, the applicant will need to
obtain final plat approval, grading permits, land clearing permits and facility extension
EXHIBIT 9
permits from the City of Auburn and stormwater discharge permits and hydraulic project
approvals from the State of Washington.
Additional Studies Provided with the Application: None; studies were completed as
part of the EIS process.
Public Comment Period: You are invited to comment, request a copy of the decision,
when available, and be made aware of any appeal rights. Comments must be received
in writing by the Auburn Department of Planning and
Community Development at 25 West Main, Auburn, WA 98001-4998 before 5:00 p.m.
on July 1, 2005. You may also comment on the proposal as part of the public hearing
process (see below).
Public Hearings: This project requires a public hearing, which will be held by the City
of Auburn Hearing Examiner. A date for the hearing has not yet been established. The
Hearing Examiner's decision is in the form of a recommendation to the Auburn City
Council, which makes the final decision.
Statement of Consistency and List of Applicable Development Regulations:
This proposal is subject to and shall be consistent with the Auburn City Code, Auburn
Comprehensive Plan, and City of Auburn Design and Construction Standards Manual.
Proposed Mitigation Measures: Mitigation measures likely to be applied to the
proposal are contained within the Kersey III Preliminary Plat Final EIS dated February
11, 2005.
If you have further comments or questions related to this application, you
may contact the Auburn Planning and Community Department at (253) 931-3090 or at
permits@auburnwa.gov. If you call or write, please reference File No., PLT05-0001,
REZ05-0001 and PUD05-0001.
NOTICE OF APPLICATION
The City of Auburn has received the following development application, which may be
reviewed at the City of Auburn Department of Planning and Community Development,
25 West Main Street, Auburn, WA.
Nature of Project or Request: Kersey 3 Division 1: Rezone from R1 to Planned Unit
Development (PUD); Planned Unit Development approval; and Preliminary Plat
approval for a proposed subdivision of 50.85 acres into 169 single family residential lots
(3.32 dwelling units per acre). Average lot size is 5,159 sq. ft., with the smallest lot
being 3,985 sq. ft. The project includes natural open space tracts, a 6.72 acre park, and
a storm drainage tract
Location: The site is located on the southwest side of Kersey Way at 53`d St. SE,
extending approx. 660 feet south to the King Co./Pierce Co. line and 650 feet west.
Date of Notice of Application: June 15, 2005
Permit Application Date: April 8, 2005
Date of Notice of Completeness: June 8, 2005
File Nos: PLT05-0001, REZ05-0001, PUD05-0001
Applicant: Lakeridge Development
P.O. Box 146
Renton, WA 98057
An Environmental Impact Statement (EIS) was previously prepared that addresses the
likely environmental impacts of the proposed development (SEPA File No. SEP00-
0040). The Final EIS (FEIS) was issued on February 11, 2005; no appeals were filed.
The FEIS includes recommended measures for mitigating the potential environmental
impacts of the project. Copies of the FEIS are available for review at the City of Auburn
Permit Center, City Hall, 25 West Main, Auburn. A limited number of copies are
available at a cost of $7.00.
Other Permits Required: The project requires rezone, planned unit development and
preliminary plat approval. If these approval are obtained, the applicant will need to
obtain final plat approval, grading permits, land clearing permits and facility extension
permits from the City of Auburn and stormwater discharge permits and hydraulic project
approvals from the State of Washington.
Additional Studies Provided with the Application: None; studies were completed as
part of the EIS process.
Public Comment Period: You are invited to comment, request a copy of the decision,
when available, and be made aware of any appeal rights. Comments must be received
in writing by the Auburn Department of Planning and
Community Development at 25 West Main, Auburn, WA 98001-4998 before 5:00 p.m.
on July 1, 2005. You may also comment on the proposal as part of the public hearing
process (see below).
Public Hearings: This project requires a public hearing, which will be held by the City
of Auburn Hearing Examiner. A date for the hearing has not yet been established. The
Hearing Examiner's decision is in the form of a recommendation to the Auburn City
Council, which makes the final decision.
This proposal is subject to and shall be consistent with the Auburn City Code, Auburn
Comprehensive Plan, and City of Auburn Design and Construction Standards Manual.
Proposed Mitigation Measures: Mitigation measures likely to be applied to the
proposal are contained within the Kersey III Preliminary Plat Final EIS dated February
11, 2005.
If you have further comments or questions related to this application, you
may contact the Auburn Planning and Community Department at (253) 931-3090 or at
permits@auburnwa.gov. If you call or write, please reference File No., PLT05-0001,
REZ05-0001 and PUD05-0001.
CITY OF
WASHINGTON EXHIBIT 10
NOTICE OF PUBLIC HEARING
Please be advised that the AUBURN HEARING EXAMINER on August 9, 2005, at 7:00 p.m. will conduct a
PUBLIC HEARING on the following request:
APPLICATION NO. PLT05-0001. PUD05-0001 and REZ05-0001 - Kersev 3 -Division 1
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 planned unit development approval to subdivide 50.60
acres into 169 single family residential lots. The project is located west of Kersey Way SE at approximately 53rd
Street SE, extending 1400 ft. west and south 1500 ft. to the King County/Pierce County line.
Pursuant to WAC 197-11-535, this hearing will be open to the consideration of the environmental impact of the
proposal. All environmental documents prepared pursuant to SEPA for the subject proposal will be available for
consideration at this public hearing.
The public hearing will be held in the Council Chambers, Auburn City Hall, located at 25 West Main Street. The
public is invited to attend to express comments or opinions. Written comments may be submitted prior to the
hearing to the Auburn Planning Department, 25 West Main, Auburn, WA. 98001. If you have further comments or
questions, please call the Planning Department at (253) 931-3090. A staff report will be available approximately one
week in advance of the hearing date and can be obtained by contacting the City of Auburn Planning and Community
Development Department at (253) 931-3090. For citizens with speech, sight or hearing disabilities wishing to
review documents pertaining to this hearing, should contact the City of Auburn within 10 calendar days prior to the
meeting, as to the type of service or equipment needed. Each request will be considered individually according to
the type of request, the availability of resources, and the financial ability of the City to provide the requested services
or equipment. For the location of the property, refer to the cross -hatched area on the map below.
AFFIDAVIT OF POSTING OF LEGAL NOTICE BY STAFF
Application No.: PLT05-0002, PUD05-0002 and REZ05-0002 - Kersey 3 -Division 2
Applicant: Elwood and Joyce Bolles
Location: The project site is located west of the proposed Kersey 3 -Division 1 project. Generally, the
site is located approximately 1400 ft. west of Kersey Way SE, between 49'" Street SE (if extended) and the
King County/Pierce County line. The project is to be located on the extension of Evergreen Way SE, from the
existing Lakeland Hills area.
Date of Public Hearing: August 9, 2005
I certify that on 0C.116 I did affix a Notice of Public Hearing for the above referenced
application, as req fired b uburn City Code 1.27, 14.07.040 and 18.66.130, to the land use posting board erected
at the above site. This notice was posted at least 10 days prior to the date of public hearing noted above.
I declare under penalty of perjury of the laws of the State of Washington that the foregoing is true and correct.
TL.,,- Nn uje>\J
Name (please print or type)
Signature
EXHIBIT 11
AFFIDAVIT OF POSTING OF LEGAL NOTICE BY STAFF
Application No.: PLTO5-0001, PUD05-0001 and REZO5-0001 - Kersey 3 -Division 1
Applicant: William and Debra Jones
Location: west of Kersey Way SE at approximately 53rd Street SE, extending 1400 ft. west and south
1500 ft. to the King County/Pierce County line
Date of Public Hearing: August 9, 2005
I certify that on a rJ ! 0 / I did affix a Notice of Public Hearing for the above referenced
application, as required by Au urn City Code 1.27, 14.07.040 and 18.66.130, to the land use posting board erected
at the above site. This notice was posted at least 10 days prior to the date of public hearing noted above.
I declare under penalty of perjury of the laws of the State of Washington that the foregoing is true and correct.
rti k� o uye-�J
Name (please print or type)
72 ��
Signature
AFFIDAVIT OF MAILING OF LEGAL NOTICE
Application No.: PLT05-0001, PUD05-0001 and REZ05-0001 - Kersey 3 -Division 1
Applicant: William and Debra Jones
Location: west of Kersey Way SE at approximately 53rd Street SE, extending 1400 ft. west and south
1500 ft. to the King County/Pierce County line
Date of Public Hearing: August 9, 2005
I certify that on July 29, 2005 1 did send a Notice of Public Hearing for the above referenced application, as required
by Auburn City Code 14.07.040 and 18.66.130, to all property owners located within 300 feet of the affected site.
Said Notice was mailed pre -paid stamped through the United States Postal Service at least 10 days prior to the public
hearing date noted above.
I declare under penalty of perjury of the laws of the State of Washington that the foregoing is true and correct.
9?40, by
Patricia ok, Planning Secretary
EXHIBIT 12
Page 1 of 1
Patti Zook
From: Tom Meagher [tom.meagher@kingcountyjournal.com)
Sent: Tuesday, July 26, 2005 12:44 PM
To: Patti Zook
Subject: RE: Notices of Public Hearing - for publication on July 29, 2005
Hi, Patti!
I have received your email, with the attachment, and will publish all four of the notices (Re/Notice of 8/09/05 Public
Hearing, File No. MIS -05-0003; Notice of 8/09/05 Public Hearing, File No. REZ05-0004; Notice of 8/09/05 Public
Hearing, File Nos. PLT05-0001, PUD05-0001 and REZ05-0001; and Notice of 8/09/05 Public Hearing, File Nos.
PLT05-0002, PUD05-0002 and RES05-0002) in the 7/29/05 edition of the King County Journal.
Thanks a bunch, Patti ... have a super (duper) day!
Tom Meagher
Legal Advertising Representative
King County Journal Newspapers
Phone: 253-234-3512 or 425-453-4296
Fax: 253-859-9268 or 425-635-0602
-----Original Message ----
From: Patti Zook [mailto:pzook@aubumwa.gov]
Sent: Tuesday, July 26, 2005 I2:33 PM
To: 'legal ads -Tom Meagher'
Subject: Notices of Public Hearing - for publication on July 29, 2005
Importance: High
Hi Tom -
Attached are notices of public hearings to be published on Friday, July 29, 2005. Please e-mail
a confirmation.
Thanks for your help. Have a great day!
Patti Zook
City of Auburn
Department of Planning and Community Development
253-931-3090
pzook@auburnwa-.gov
This e-mail message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review,
use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the
original message. Thank You.
EXHIBIT 13
7/26/2005
if
AD
,ur r Polar E. LEawis, Mayor
vviof11NGTON 2S~11dOh V * AW*, rn WA 9k01-4495 * wvvw.cubumwo.gov * 253-931-3000
-;
LChr
fUf9June 8, 2005
is Ferko, AIGParghausen Consuls Engineers, Inc.
18215 72nD Ave. Sodth
Kent, Washington 98032
Re: Kersey III Divisions 1 & 2 Applications
File numbers PLT05-0001, -0002; PUD05-0001, -0002; REZ05-0001, -0002
Notice of Complete Application
This letter is sent to advise you that City staff has reviewed the above referenced
applications, which were initially submitted on April 8, 2005, and with revised/additional
information being submitted on May 20, 2005, and has determined they now meet the
minimum procedural submittal requirements for continued processing.
As part of the continued review of your applications. you need to address the following
issues. Please note that this list is not exhaustive and there may be other
comments/issues forthcoming in the next few weeks.
Additional information is required to adequately evaluate the storm drainage
impacts associated with this proposal. A drainage analysis/conceptual drainage
plan must be provided for review and approval. The plan shall include a
downstream analysis for the proposed off-site discharge. Preliminary water
quality and quantity calculations are required to size the proposed water
quality/detention facilities. This plan is expected to consider landscaping
requirements to ensure adequate area is provided to allow for aesthetic
elements. A geotechnical analysis including soil log information, subsurface flow
rates, and slope stabilization recommendations is also required. For detail
requirements and questions concerning the analysis/conceptual drainage plan,
contact Tim Carlaw (City Storm Drainage Engineer) at (253) 804-5060.
FYI
• Maintenance access to all proposed storm drainage structures is
required.
• All upstream bypass flows and lines shall be routed through the project
and shall not commingle with the proposed on-site storm drainage
system.
• An adequate storm pond access pull -off shall be provided from Kersey
Way SE. The access as proposed does not meet minimum standards.
• The erosion at the outlet of the existing cross culvert in vicinity of the
proposed storm pond outlet must be addressed pursuant to the EIS
recommendations.
2. A deviation from the comprehensive sewer plan is required for the use of a pump
station. Financial consideration for the future construction of the sanitary sewer
EXHIBIT 14
system along Oravetz Road will need to be addressed with this deviation
request.
The Public Works Department requires a study, stamped and sign by a licensed
professional engineer, stating that the pump station will be sized for the basin
that includes lands within Auburn's city limits and PAA. The study should also
address the downstream gravity system, noting at what point deficiencies exist.
The study shall also outline a gravity network of pipes and sizes required to
support the Sewer Comp Plan and anticipated growth within the basin. Staff can
provide information, but it will be the applicant's responsibility to verify all
calculations and results.
The study should provide more information on the area anticipated to be built out
in the next 25 years and where downstream problems are likely to develop,
based upon the continued growth in the basin. At what point will it be better to go
down Kersey Way when compared to replacing downstream pipe capacity in
developed streets? The proposed pump station needs to be sized for ultimate
flows of the newly created basin, as future developments upstream will seek to
fix downstream capacity rather than build the proposed gravity system.
For details concerning requesting a deviation and the basin study, contact Jeff
Roscoe, Sewer Utility Engineer, at (253) 931-4008.
3. The applicant will be required to construct a water pump station near the corner
of Oravetz Road and Kersey Way SE and extend a 16 inch water line up Kersey
Way, through the project, and connecting to a 12 inch line in Evergreen Way SE
in Lakeland Hills, per the 2001 Water Comprehensive Plan and EIS.
4. The Parks Department requires the developer to provide a parks proposal that
provides a significantly higher quality development (see ACC 18.69.010, purpose
of Planned Unit Development) that includes meeting the current park standards
for park development. The current proposal does not meet the park standards
that were previously provided. The Parks Dept. will not accept the park location,
design or park area of 6.72 acres under the BPA lines until the parks standards
are met.
The Parks Department recommends that the play area and basketball court be
sited outside of the BPA easement. Areas to consider are lots 16 to 20 in Division
1A or lots 14 to 18 in Division 26. The current location of the play area and
basketball court appears to be too close to the BPA towers. Moving the formal
elements of the park will create a larger open area for free play such as playing
catch baseball, football, etc.
The Parks Department will require that the BPA approve the park elements and
locations prior to the Parks Director approving the final park design and location.
The conceptual site plan shows a soft path through the park. The Parks Dept.
standard trail section is currently an 8 foot wide asphalt trail. The soft trail is not
acceptable as shown in the active areas of the park_ The Dept. will consider a
soft trail connecting the north section of the trail to Kersey Way down the BPA
right-of-way in the proposed open space area.
Paths that conned Tract L and Tract K need to be connected along the south
property line since the properties to the south of the PUD have not been
contacted regarding continuing the trail south along the BPA easement.
If you have any questions, please contact Dan Scamporlina in the Parks
Department, 253-931-51D6.
As noted above, there may be additional information requested in the upcoming weeks.
Please contact the appropriate individuals with any questions regarding specific
informational needs.
At this time, a public hearing date has not been established. Hopefully, we will know by
the end of the month of whether this project is ready to proceed to hearing in July.
You will be contacted next week when the formal Notice of Application is prepared, at
which time Public Notice boards will need to be posted.
If you have any questions, I can be reached at 253-804-3111.
r
�^Al%L `r
v
Steve Pitcher
Development Services Coordinator
Cc: Wayne Jones, Lakeridge Development
Roger Nix, Landholdings, L.L.C.
Joyce and Pete Bolles
Tim Carlaw
Tim Osborne
Jeff Roscoe
Walt Wojcik
Dan Scamporlina
CITY -Of
I J
AUBURNPeter B. Lewis, Mayor
WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.ci.auburnma.us * 253-931-3000
CUM 27, 21)55
Chris Ferko, AICP
Oarghausen Consulting Engineers, Inc.
18215 72nd AV SO
Kent WA 98032
RE: Kersey III Divisions 1 & 2 Applications
Dear Chris:
This letter is a follow up to the meeting with City staff on June 17, 2005 to
discuss the June 8, 2005 notice of complete application letter. The following
information regarding items 1, 2 & 3 of the letter is being provided for clarification.
You previously received an email response from Tim Carlaw, the City's Storm
Drainage Engineer regarding item 1 of the June 8, 2005 letter and there being no
further conversation on this matter the city assumes no further response is
required.
The first paragraph in item 2 requires a deviation from the comprehensive sewer
plan to use a pump station in lieu of installing gravity sewer along Kersey Way to
the Lakeland Hills Pump Station. This deviation is still required and the letter to
the city dated May 20, 2005 from your office is sufficient for making this request.
The city staff is willing to make a recommendation for the approval of the request
so long as the condition outlined in the final EIS including but not limited to the
financial consideration for the future downstream improvements are met. As
discussed at the June 17, 2005 meeting the interim pump station must be
situated so that all the Kersey III divisions can be served not just divisions f and
2. The City Engineer would issue the deviation after the City Council has acted
on the Hearing Examiner's report assuming there are no issues raised in either
venue regarding this request.
The study outlined in paragraphs two and three of item 2 of the June 8, 2005
letter will be undertaken by the city. The costs for the study will be included in
the project costs for the gravity sewer construction from your site to the Lakeland
Hills Pump Station. A proportional share of the cost of the study will be included
in the area System Development Charge or Charge in Lieu of Assessment
charged to the development as the fair share contribution for the required down
stream conveyance along Kersey Way to the Lakeland Hills pump station.
EXHIBIT 15
Item 3 in the city letter of June 8, 2005 did not allow "option 2- single connection
to the Lakeland Hills System." Based upon modeling preformed by the city in
response to your previous letter, option 2 would be allowed if in addition to the
3,300 lineal feet more or less of 16" main constructed in the East Valley Highway
right of way from Lakeland Hills Way to the county line (Terrace View), 1,500
lineal feet more or less of 12" water main is constructed along Elizabeth Ave SE
and Panorama Dr SE from Elizabeth LP SE to Francis CT SE. This main needs
to connect to the zone 4 piping in Elizabeth Ave SE and Panorama DR SE and to
the main in the vicinity of the county line that connects the Terrace View property
to the East Valley Highway main. The above improvements are shown in the
2001 Comprehensive Water Plan (figure 10-5), except the piping from the cul-de-
sac on Elizabeth Ave SE to Elizabeth LP SE. Also required for option 2 to supply
the development is the construction of 600 lineal feet more or less of 12" main
along Evergreen Way SE from Lakeland Hills Park to Quincy Ave SE. This
improvement is not currently in the 2001 Comprehensive Water Plan. I have
discussed these pipelines not currently included in the Water Plan with the
Planning Department and since the piping will not change how development will
occur in the areas they will be constructed and they serve to fulfill the intent of
the original comprehensive plan a speck Water Comprehensive Plan
amendment is not required.
Not in the June 8, 2005 letter but items discussed at the June 17, 2005 meeting
included the construction of booster pump station -111 (BPS -111) at Terrace
View and financial consideration for over sized and system facilities built to
support the future developments in Lakeland in addition to the Kersey
developments. As discussed, the city plans to design BPS -111 in 2006 and
construct it in 2007 or early 2008. If this schedule is not in keeping with your
development schedule then arrangements can be made to allow you to design
and build the station and receive a payback agreement and\or system
development charge credits. This pump station would need to be constructed
and online prior to final plat approval, as would the piping mentioned in the
paragraph above.
Finally costs for the construction of some facilities to support this development as
well as other future developments in Lakeland and the lack of construction of the
ultimate sewer solution need to be addressed. Credits for oversized and joint
facilities can accomplished through payback agreements (both locally and
regionally), and system development charge credits. It is assumed that due to
fin: flow requirements of 1,500 gpm the minimum size of transmission mains for
the development is 12 inch so the only oversized main is the one in East Valley
Highway (and possibly the 12' in Elizabeth Ave SE since this main is looped). A
meeting to discuss percentages of benefit, etc. should be scheduled in the near
future, it is the city's assumption that you will be developing facilities costs for
your client with the exception of the off site sewer costs that will be developed by
the city. These costs and credits will need to be established and agreed to prior
to final plat approval.
If you have any questions, please call me at (253)8045062.
Sincerely,
Duane L_ Huskey, P.E.
Utilities Engineer
DLH\DH1mr
Cc: Steve Pilcher, Development Service Coordinator
Tim Carlaw, Storm Drainage Engineer
Tim Osborne, Water Engineer
Jeff Roscoe, Sewer Engineer
Walt Wojcik, Development Review Engineer
Wayne Jones, Lakeridge Development, 1800 SE 7 ° CT, Renton, WA 98055
Roger Nix, Landholdings LLC, 601 Union Street Suite 4200, Two Union Square,
Seattle WA 98101
Joyce and Ellwood Bolles, 708 Ventana Circle, Mesquite, NV 89024
Dan Hayes, JR Hayes and Sons, 22430 SE 231't, Maple Valley, WA 98038
File: Kersey III
Ref: HACorrespondencetUtility Availability\Kersey Ill.doc
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f.��'NG ENGIN��P
Steve Pilcher
City of Auburn
25 West Main Street
Auburn, WA 98001
CIVIL ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES
July 20, 2005
HAND DELIVERY
RE: Response to Comments
Kersey III — Divisions 1 and 2
City File Nos. PLTOO-0040 and SEP00-0040
Kersey Way N.E. and Evergreen Way N.E., Auburn, Washington
Our Job No. 11394
Dear Steve:
As requested, enclosed are six sets of revised preliminary plat plans with a comment response matrix for the
project referenced above. The plans have been revised pursuant to the City of Auburn's comment letters dated
June 8, 2005, and June 27, 2005.
The only plan changes we made are in regard to the park facilities. After several meetings with the City Parks
Department, we improved the central park's connection/relationship with the neighborhoods by extending the
park along Road G, and by placing the basketball court and playground at either end (both structures are
located outside the BPA easement). The area within the easement will be a large open lawn surrounded by a
looped trail system with benches and picnic tables. By making a few lot line adjustments, we are able to make
these changes without eliminating any lots in Division 1, and eliminating one lot in Division 2. The Parks
Department has accepted the conceptual version of this plan, and will approve the final park design during
construction plan approval process.
The enclosed response matrix addresses comments received concerning stormwater, water, and sewer
facilities. We have met with the appropriate City staff to resolve each of these comments. No plan revisions
were required as a result of these meetings.
Should you have questions or require additional information, please contact me at (425) 251-6222. Thank you
for your assistance with this project.
a
erko, AICP
Senior Planner
CSF/pj/ath 11 1394c.008.docl
enc: As Noted
cc: Daryl Faber, City of Auburn (w/enc)
Dan Scamporlina, 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.
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
EXHIBIT 17
mP�GHAVS�2
o i
1s
may.
G��'NG ENC+\N�E
Paul Woolsen
Bonneville Power Administration
28401 Covington Way S.E.
Kent, WA 98042
r�
CIVIL ENGINEERING, LAND PLANNING, SURVEYING, ENVIRONMENTAL SERVICES
July 21, 2005
COURIER DELIVERY
RE: Land Use Application for Improvements Within 350 -Foot -Wide BPA Easement
Crossing Parcel Nos. 322105-9015 and -9017
Kersey III Planned Unit Development
Evergreen Way and Kersey Way, Auburn, Washington
Our Job No. 11394
Dear Paul:
Enclosed is one (1) copy of the revised preliminary plat plan set for the project referenced above. As
previously discussed, the park design has been revised to relocate the playground structure and basketball court
outside the BPA easement. The only structures proposed inside the easement are benches and picnic tables.
Please note that we have maintained 12 -foot wide access to the towers throughout the park. The portions of
the trail within the active grassy areas will be asphalt, while the portions outside the grassy areas will be soft
surface (e.g. decomposed granite).
The City of Auburn Parks Department has accepted the conceptual design of the park for preliminary plat
approval. The final park details will be approved through the City's construction plan approval process.
Based on our correspondence, we understand BPA also accepts this design and can now issue the Land Use
Permit based on the enclosed plan. We would appreciate receiving the approved permit prior to the City's
hearing date tentatively scheduled for August 16, 2005.
Please forward the Land Use Permit to my attention at this office, and also provide a copy to Steve Pilcher at
the City of Auburn. Should you have questions or need additional information, I can be reached at (425) 656-
7442. Thank you for your continued assistance with this project.
Respectfully,
�S�
Chris
S. Ferko, AICP
Senior Planner
CSF/ath/dm/pj 111394c.009.doc]
enc: As Noted
cc: Steve Pilcher, City of Auburn
Daryl Faber, City of Auburn
Dan Scamporlina, City of Auburn
Walt Wojcik, City of Auburn
Wayne Jones, Lakeridge Development Inc.
Roger Nix, Land Holdings LLC
Dan Hayes, J.R. Hayes & Sons
Tom Young, J.R. Hayes & Sons
Robert J. Armstrong, Barghausen Consulting Engineers, Inc.
Arthur M. Seidel, Barghausen Consulting Engineers, Inc.
Barry J. Talkington, Barghausen Consulting Engineers, Inc.
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
EXHIBIT 18