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Home My WebLink About11-21-2005 ITEM VI-A-1&2CITY OF — ,- WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject Date: Applications REZ05-0001, PUD05-0001, PLT05-0001, REZ05-0002, 11/17/2005 PUD05-0002 and PLT05-0002, known as Kersey III Divisions 1 & 2. Department: Planning Attachments: Resolution No. 3947, Budget Impact: letter from Robert D Johns Administrative Recommendation: City Council adopt Resolution No. 3947 remanding the Kersey III Divisions 1 & 2 applications to the Hearing Examiner for consideration of specific issues. Background Summary: The Kersey III Divisions 1 & 2 preliminary plats and rezone to Planned Unit Development were considered by the Hearing Examiner at an open record public hearing on August 9, 2005. Subsequent to the hearing, on September 2, 2005, the Examiner issued his recommendations to the City Council for approval of the projects, subject to conditions. At its regular meeting of September 19, 2005, the City Council voted to conduct a closed record hearing on the Examiner's recommendations. A closed record hearing was held on October 3, 2005 and continued to October 17, 2005. At the conclusion of public testimony and after deliberations, the Council asked the applicants if they would be willing to have the matters remanded to the Hearing Examiner. At the time, the applicants' representative requested the Council render a decision to approve or deny, rather than remand. The Council subsequently voted to deny the applications. On November 10, 2005, the applicants' representative submitted a letter to the City, requesting the matters be remanded to the Hearing Examiner to address the areas of concern the Council raised at the conclusion of the public hearing. The attached resolution, if adopted, will direct the Hearing Examiner to examine specific issues at another open record hearing, and then issue his recommendation to Council. 03.6 PUD05-0001, PUD05-0002 Kersey III 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 _/__!_ Tabled Councilmember: Norman Staff: Krauss Meeting Date: November 21, 2005 Item Number: VI.A.1&2 AUBURN* MORE THAN YOU IMAGINED JOHNSMONROEMITSUNAGA P L L C ,4 Robert D. Johns & a Michael R Monroe \ ,., Darrell S. Mitsunaga ,,\ -4 Duana T. Kolouskova Honorable Pete Lewis, Mayor City of Auburn 25 West Main Auburn, WA 98001-4998 Re: Kelsey III plat and rezone Dear Mayor Lewis: November 10, 2005 The purpose of this letter is to request that the City Council remand the Kelsey III plat and rezone applications back to the Hearing Examiner to address the issues of concern raised by the Council at the conclusion of the public hearing. The applicants agree to waive their right to have the review process completed within 120 days in order to accomplish this. I have discussed this with your City Attorney, Dan Heid. He is aware of the fact that we are making this request. If there are questions, I would be happy to discuss them with you or your staff. If the City would like us to attend a City Council meeting to present this request in person, we are willing to do so. Zve truly yours, Robert DIT cc: Dan Heid, Auburn City Attorney 'Steve Pilcher, Auburn Dept. of Planning, Building and Community Rob Armstrong, Barghausen Engineers Chris Ferko, Barghausen Engineers Wayne Jones, Lakeridge Development Roger Nix 425467-9960 (direct phone) ohns@,immlaw.com (email) 1220-3 ltr to Mayor Lewis 111005 T: (425) 451-2812 • F: (425) 451-2818 Cypress Building 1500 114th Ave. SE • Suite 102 • Bellevue, WA 98004 RESOLUTION NO. 3947 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, REMANDING THE APPLICATION FOR PRELIMINARY PLAT APPROVAL FOR RESIDENTIAL SUBDIVISIONS KNOWN AS KERSEY III DIVISIONS 1 AND 2, AND REQUEST FOR A REZONE OF THE PROPERTY FROM R-1 SINGLE FAMILY RESIDENTIAL TO PUD PLANNED UNIT DEVELOPMENT TO THE HEARING EXAMINER WHEREAS, on or about April 8, 2005, Wayne Jones on behalf of Lakeridge Development and Joyce and Peter Bowles on behalf of Landholdings, LLC, applied to the City of Auburn, Washington for approval of Application Nos. PLT05-0001, PLT05-0002, REZ05-0001, REZ05-0002, PUD05-0001, and PUD05-0002, requesting preliminary plat approvals for a 169 lot single family residential subdivision known as "Kersey III Division 1 and a 204 lot single family residential subdivision known as "Kersey III Division 2", and requesting approval of a rezone for approximately 89.31 acres from R-1 Single Family Residential to PUD Planned Unit Development along with approval of a Planned Unit Development, in Auburn, Washington; and WHEREAS, said applications were determined to be complete pursuant to Auburn City Code on June 8, 2005; and WHEREAS, said requests were referred to the Hearing Examiner for study and public hearing thereon; and Resolution No. 3947 November 15, 2005 Page 1 of 4 WHEREAS, following staff review, the Hearing Examiner conducted a public hearing to consider said applications in the Council Chambers of the Auburn City Hall on August 9, 2005; and WHEREAS, thereafter, on September 2, 2005, the Hearing Examiner submitted his recommendations to the City Council for approval of the preliminary plats and rezone and planned unit development subject to conditions; and WHEREAS, at its regular meeting of September 19, 2005, the City Council voted to conduct a closed record hearing on the Hearing Examiner's recommendations; and WHEREAS, a closed record hearing was held on October 3, 2005 and continued on October 17, 2005, at which time the City Council considered the Hearing Examiner's recommendations and the material presented to the Hearing Examiner and the argument made to the City Council at the said closed record hearing; and WHEREAS, some of the arguments and comments received at the closed record hearing concerning matters related to the record drew into question significant portions of the Hearing Examiner's recommendations; and WHEREAS, after the closed record hearing, the Council asked the developers if they would be willing to accept the additional time it would take if the requests were remanded back to the Hearing Examiner for further review and consideration of issues raised by the Council, and the developers' Resolution No. 3947 November 15, 2005 Page 2 of 4 representatives declined the offer, the City Council voted to deny the applications; and WHEREAS, on November 10, 2005, the applicants communicated to the City a willingness to waive the 120 -day project review timetable otherwise applicable for processing the applications and a willingness to have the applications remanded to the Hearing Examiner. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The City Council remands the applications back to the Hearing Examiner to re -open the record and consider how the development addresses or affects the following issues: (1) Open spaces and the protection of sensitive environmental features, such as steep slopes, mature trees, wetlands and scenic views. (2) Use of traffic management and design techniques to reduce potential traffic congestion, particularly along Kersey Way, and promote alternative modes of travel. Consideration should be given to applying the Lakeland PUD traffic impact fee structure in responding to similar impact areas located south of the White River. (3) The development of transitional areas between these projects and adjacent developments and environmentally sensitive areas. (4) The building and structural designs that complement surrounding land uses and their environment, reflecting quality site design, landscaping and building architecture required under the Auburn PUD ordinance. Resolution No. 3947 November 15, 2005 Page 3 of 4 (5) The parks and open spaces, and the adequacy of parks and open spaces located under Bonneville Power Administration power lines. (6) Incorporation of adequate notification to future lots owners of the adjacent surface mining operations. (7) Protection of waterways and the development's proposed storm water system. (8) Application of the Lakeland Fire Impact Fee to aid the City in developing fire facilities to serve the area south of the White River. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. This Resolution shall take effect and be in force upon passage and signatures hereon. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED A,$ TO FO Daniel B. City Attoi Resolution No. 3947 November 15, 2005 Page 4 of 4