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HomeMy WebLinkAbout10-03-2005 ITEM VIII-A-3A OF WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 5948 for Application No. REZ05-0001 Date: and PUD05-0001 (Division 1) and REZ05-0002 and PUD05-0002 (Division 2 September 28, 2005 Department: Planning Attachments: Ordinance No. 5948 Budget Impact: Administrative Recommendation: City Council introduce and adopt Ordinance No. 5948 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 & Peter Bowles on behalf of Landholdings, LLC (Division 2). The request is 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." The preliminary plats (PLTOS-0001 and PLT05-0002) are being processed under Resolution No. 3915). 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 preliminary plats are being processed under Resolution No. 3915). 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. HE\ORD 5948 FOR KERSEY 3 L1003-5 Reviewed by Council & Committees: by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: Building ® M&O [IAirport ❑ Finance FReviewed Cemetery ElMa or y ® Hearing Examiner ElMunicipal Serv. Finance ❑ Parks El Human Services E] Planning & CD ® Fire ® Planning ❑ Park Board ❑Public Works El Legal El 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 Meeting Date: October 3, 2005 1 Item Number: VIII.A.3 AUBURN *MORE THAN YOU IMAGINED ORDINANCE NO. 5 9 4 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING A REQUEST TO REZONE APPROXIMATELY 89.31 ACRES FROM R-1 RESIDENTIAL TO PLANNED UNIT DEVELOPMENT AND APPROVING THE REQUEST FOR A PLANNED UNIT DEVELOPMENT WHEREAS, Application Nos. REZ05-0001, REZ05-0002, PUD05-0001 and PUD05-0002, 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 approval of a rezone request for approximately 89.31 acres from R-1 Residential to Planned Unit Development and requesting approval of a Planned Unit Development in Auburn, Washington; and WHEREAS, said requests referred to above were 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 applications in the Council Chambers of the Auburn City Hall on August 9, 2005, of which the Hearing Examiner recommended approval of the rezone and planned unit development on September 2, 2005, and WHEREAS, the City Council, on September 19, 2005, considered said request and affirmed the Hearing Examiner's recommendation for rezone and Ordinance No. 5948 September 14, 2005 Page 1 of 21 Planned Unit Development based upon the following Findings of Fact and Conclusions, to -wit: FINDINGS OF FACT GENERAL FINDINGS: 1. 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 II 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 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 'Note: All exhibits referenced herein are exhibits attached to the Hearing Examiner's Findings of Fact and Conclusions, which exhibits are incorporated herein. Ordinance No. 5948 September 14, 2005 Page 2 of 21 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 11, are being processed by the City concurrently and were consolidated at the public hearing. Testimony of Mr. Pilcher. 7. Notice of Application was issued on June 15, 2005, for Division I of Kersey Ill. Notice of Application was issued on June 15, 2005, for Division II of Kersey 111. 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 County Journal on July 29, 2005. 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 water runoff, and the overall density of homes. Exhibit 8, FEIS, 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. Hancock. 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 Ordinance No. 5948 September 14, 2005 Page 3 of 21 1. 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, Staff Report, page 2; Exhibit 7, DENS, Chapter 3.5 Land Use; Exhibit 21, Segale/ICON Letter (aerial photographs). 3. The R-1 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. Pursuant to several sections of the ACC, a rezone, 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 5, Project Narrative, page 6; Exhibit 7, DEIS, pages 77-86. 5. 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 reviewed several 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 Ordinance No. 5948 September 14, 2005 Page 4 of 21 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(13)(1) 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 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 Ordinance No. 5948 September 14, 2005 Page 5 of 21 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 R1 since 1987. In the narrative attached to the rezone applications (Exhibit 5 - revised May 19, 2005) and in the Staff Report. The Applicants and the City state that: 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. Exhibit 1, Staff Report, pages 6-7, Exhibit 5, Narrative; Testimony of Mr. Pilcher. 9. Pursuant to the State Environmental Policy Act (SEPA), RCW 43.21 C, 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 first alternative (Alternative 481) would allow for a maximum of 481 dwelling units utilizing the City's PUD ordinance over only a portion of the site. 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, R1, resulting in approximately 34 lots. The Environmental Impact Statement (EIS) became final in February 2005. Exhibit 7, DEIS, ,pages 2-6; Exhibit 8, FENS. 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 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. Dubeck; Testimony of Mr. Chambers, Testimony of Ms. Brooke; Testimony of Ms. Knott, Testimony of Mr. Barnett, Testimony of Ms. Johnson. Ordinance No. 5948 September 14, 2005 Page 6 of 21 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, Sega/e 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(1); Exhibit 8, FEIS, ICON Material Ordinance No. 5948 September 14, 2005 Page 7 of 21 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, DENS, 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 228, 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 development easterly to Kersey Way, Ordinance No. 5948 September 14, 2005 Page 8 of 21 which would be dedicated to the public. Evergreen Way is a residentlial 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 foot planting strip and five foot sidewalk on both sides. Evergreen Way will intersect Kersey Way at 53`tl 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. 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, TIA 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; corner 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 II and will operate as Ordinance No. 5948 September 14, 2005 Page 9 of 21 a 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 II 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. Fassfind, 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. 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 Mr. Pilcher. 21. The western 300 feet of Parcels 322105-9015 and 322105-9017 (Division 1) 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 is requiring 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 Ordinance No. 5948 September 14, 2005 Page 10 of 21 until the City has approved the rezone, PUD, and preliminary plat. Exhibit 1, Staff Report, page 3; Exhibit 4, Site Plan; Exhibit 20, Part 5, 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 II'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, storm 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 ll, 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 further 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 annount 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, Ordinance No. 5948 September 14, 2005 Page 11 of 21 Part 1; Testimony of Mr. Pilcher, Testimony of Mr. Ferko; Testimony of Mr. McBride. 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. Criteria for Review: Along with the requirements set forth by the Washington State Supreme Court, 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. Ordinance No. 5948 September 14, 2005 Page 12 of 21 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).. Conclusions Based on Findinas 1. The rezone was initiated by the Applicant -Property Owner and not the City. Pursuant to ACC 18.68.030(B)(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 to the rezone. Specific Findings No. 1. 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. Bjamson v. Kitsap County, 78 Win. 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 GMA; 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 Ordinance No. 5948 September 14, 2005 Page 13 of 21 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. Applicants have made provisions for streets with sidewalks for pedestrian safety, including safe 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 Ordinance No. 5948 September 14, 2005 Page 14 of 21 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. Surrounding land use consists of natural resource land (gravel pit), bow -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. Ordinance No. 5948 September 14, 2005 Page 15 of 21 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 not been mitigated to the point that they would not have an adverse effect. Namely, wildlife and their associated habitat will be directly affected and no mitigation measures were available to ameliorate this impact. 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 ACG 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. DECISION Ordinance No. 5948 September 14, 2005 Page 16 of 21 The Hearing Examiner recommends that the request for a rezone of 89.31 acres from R-1 Single Family Residential to PUD and approval of a PUD be GRANTED, subject to the following conditions: 1. Pursuant to RCW 36.70A.060, the following notice shall be placed on the final plat and on all building permits and deeds issued within the Kersey III development (Division I and Division II): NOTICE: This property is near designated mineral resource lands on which a variety of commercial activities may occur that are not compatible with residential development. The owner of the mineral resource lands may, at any time, apply to the City for a permit for mining -related activities including, but not limited to, mining, extraction, washing, crushing, stockpiling, blasting, transporting, and recycling of minerals. 2. Any final plat for Kersey III, Division Il, 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 engineering/construction drawings submitted for the construction of interior improvements to the subdivision, Applicant shall also submit engineering/construction drawings for the construction of all park improvements as depicted on the drawings submitted (Exhibit 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 design criteria for new homes and specify the financial means of maintenance of all common open spaces. Ordinance No. 5948 September 14, 2005 Page 17 of 21 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. Ordinance No. 5948 September 14, 2005 Page 18 of 21 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. 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 SE. These traffic controls shall be designed and constructed as a round -about unless the City Engineer determines, based on design, that a round -about is not feasible. If the City Engineer determines that a round -about is not feasible, then the traffic controls shall be designed and construction as a traffib 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. Ordinance No. 5948 September 14, 2005 Page 19 of 21 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Approval. The Findings of Fact, Conclusions of Law and Decision of the Hearing Examiner are adopted herein by this reference, and the rezone request is hereby approved to rezone approximately 81.39 acres from R- 1 Residential to Planned Unit Development and the request for approval of a Planned Unit Development is hereby approved, and as legally described in Exhibit A attached hereto, subject to the conditions as outlined above. Section 2. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 3. Recording. Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this Ordinance to be recorded in the office of the King County Auditor. Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Ordinance No. 5948 September 14, 2005 Page 20 of 21 Section 5. Effective date. This Ordinance shall take effect: and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: PASSED: APPROVED: CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk AS DMiel B. Heid, City Attorney Publication: Ordinance No. 5948 September 14, 2005 Page 21 of 21 LEGAL DESCRIPTION OF PROPERTY REZ05-0001 and PUD05-0001 — Division 1 The southwest quarter of the southeast quarter and that portion of the northwest quarter of the southeast quarter lying southerly of the N.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_ Exhibit to Ordinance No. 6948 LEGAL DESCRIPTION OF PROPERTY REZ05-0002 and PUD05-0002 — 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 Ordinance No. 5948