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HomeMy WebLinkAbout05-11-2006 ITEM V-A-2WASHINGTON CALL TO ORDER CITY COUNCIL SPECIAL MEETING MINUTES April 25, 2006 5:00 PM A. Flag Salute Mayor Lewis called the special meeting to order at 5:00 p.m. in the Council Chambers located at City Hall, 25 West Main Street in Auburn. The purpose of the special meeting is to conduct a closed record hearing for Application Nos. REZ05-0001, PUD05-0001, and PLT05-0001 the request of Wayne Jones (Lakeridge Development) for a rezone to Planned Unit Development and preliminary plat approval for Kersey III, Division 1; and Application Nos. REZ05-0002, PUD05-0002 and PLT05-0002 the request of Dan and Stormy Hayes Landholdings LLC for a rezone to Planned Unit Development and preliminary plat approval for Kersey III, Division 2. Mayor Lewis led those in attendance in the Pledge of Allegiance. B. Roll Call Mayor Lewis and the following Councilmembers were present: Rich Wagner, Sue Singer, Gene Cerino, Nancy Backus, Bill Peloza, Roger Thordarson and Lynn Norman. Staff members present included: Development Services Coordinator Steven Pilcher, City Attorney Daniel Heid, Parks Planning and Development Manager Dan Scamporlina, Public Works Director Dennis Dowdy, City Engineer Dennis Selle, Transportation Planner Joe Welsh, Community Development Administrator David Osaki, Senior Planner Elizabeth Chamberlain, Storm Drainage Engineer Tim Carlaw, Planner Stacey Borland, Water Utility Engineer Tim Osborne, and City Clerk Danielle Daskam. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE Page 1 City of Auburn Council Special Meeting Minutes April 25 2006 A. Closed Record Hearing The following was a closed record hearing where public testimony was strictly limited to the issues involving the proposals and was also limited to comments "on the record". No new or additional evidence was allowed. 1. Application Numbers REZ05-0001, PUD05-0001, PLT05- 0001 03.5, 03.6 The request of Wayne Jones, Lakeridge Development for a rezone from R1 (Single Family Residential) to PUD (Planned Unit Development) and planned unit development (and preliminary plat) approval to subdivide 50.85 acres into a 167 lot single family residential subdivision known as "Kersey III, Division V' The project is located west of Kersey Way SE at approximately 53rd Street SE, extending 1400 feet west and south 1500 feet to the King County/Pierce County line. 2. Application Nos. REZ05-0002, PUD05-0002 and PLT05- 0002 The request of Dan and Stormy Hayes Landholdings, LLC for a rezone from R1 (Single Family Residential) to PUD (Planned Unit Development) and planned unit development (and preliminary plat) approval to subdivide 38.46 acres into a 201 lot single family residential subdivision known as "Kersey III, Division 2." The project is located approximately 1400 feet west of Kersey Way SE between 49th Street SE (if extended) and the King County/Pierce County line. The project is located on the extension of Evergreen Way SE from the existing Lakeland Hills area. Councilmember Wagner disclosed that in 2005 he communicated with several Auburn citizens regarding the Kersey III development proposal in which he discussed matters that were included in the issues for which the proposal was remanded to the Hearing Examiner. Councilmember Wagner stated his communications were in an unbiased and good -faith manner. However, last year he recused himself from participating in City Council actions regarding Kersey III after consulting with the City Attorney regarding ex -parte communications. He has not had any ex - parte communications since that time. Councilmember Wagner stated that since the Kersey III proposal that is Page 2 City of Auburn Council Special Meeting Minutes April 25 2006 being considered by Council this evening is changed from its previous proposal, and because it has been reconsidered by the Hearing Examiner, and he has avoided conversations with the public regarding the proposal, he will be able to consider the applications in a fair and impartial basis. Councilmember Wagner stated his intention to participate in the hearing and deliberations this evening. Mr. Bob Johns (1500 114th Street SE, Suite 102, Bellevue, WA, 98004), the attorney for the applicant, expressed concern about Councilmember Wagner's participation in the deliberations citing the Appearance of Fairness Doctrine. He requested that Councilmember Wagner disclose the substance of the communications he received and the substance of any responses which he made. Mr. Johns stated that without such disclosure, he objected to Councilmember Wagner's participation in the proceedings. Councilmember Peloza moved and Councilmember Cerino seconded to retain Councilmember Wagner on the Council dais during the proceedings. Councilmember Singer expressed concern that Councilmember Wagner's participation may legally jeopardize the Council's ultimate action. Councilmembers Cerino and Backus spoke in favor of the motion. Councilmember Wagner stated that his conversations with neighbors regarding the proposal consisted of discussions regarding the process with which the neighbors could participate in the application process. Additionally, in 2005, he identified his concerns with the project in writing to the Mayor. Each of those concerns were included in the remand to the Hearing Examiner. MOTION PASSED. 5-1. Councilmember Singer voted no and Councilmember Wagner abstained. Councilmember Backus disclosed receipt of several e-mail messages regarding the Kersey III project prior to the previous closed record hearing. She did not read or respond to the e-mails, and she has had no further communications. Page 3 City of Auburn Council Special Meeting Minutes April 26, 2006 Councilmember Norman disclosed that she received and responded to an inquiry as to when the hearing would be held. No other communications were received. Councilmember Cerino disclosed that immediately following the previous closed record hearing, he received comments from several of those who attended the hearing; however, he has no recollection of the content. He has not received any communications since that time. Councilmember Singer referenced her disclosure made at the October 3, 2005 closed record hearing and reported that she has not received any communications regarding the project since that time. Councilmember Thordarson disclosed receipt of several e- mail messages regarding the Kersey III project prior to the previous closed record hearing. He did not read or respond to the e-mails, and he has had no further communications regarding the project since that time. Councilmember Peloza disclosed receipt of several e-mail messages regarding the Kersey III project prior to the previous closed record hearing. He did not read or respond to the e-mails, and he has had no further communications regarding the project since that time. Community Development Coordinator Steven Pilcher presented the staff report for the applications. He disclosed staff members received communications from members of the public expressing their concern with the time (five o'clock) that was scheduled for the hearing. Mayor Lewis also disclosed that he had received three communications expressing concern regarding the hearing start time. Mr. Pilcher displayed a site plan for Kersey III, Divisions 1 and 2. The site plans includes revisions which address the concerns identified in the Council's remand (Resolution No. 3947) of the original application to the Hearing Examiner. The applicant has revised the plans by addressing the eight areas of concern expressed by the Council. Mr. Pilcher distributed a staff summary of the Hearing Examiner's Page 4 City of Auburn Council Special Meeting Minutes April 25 2006 decision and conditions that address the City Council remand items. Mr. Pilcher stated there are less lots proposed due to the reconfiguration of the parks. He noted that more parks are proposed on northern side of the site and the land under power lines has been designated as a passive recreation area. Mr. Pilcher also noted that since the previous closed record hearing, Dan and Stormy Hayes purchased the property comprising Division 2. Division 1 lot sizes average approximately 4,900 square feet with an overall density of 3.28 dwelling units per acre. Division 2 lots sizes are the same as Division 1 but the overall density is 5.23 dwelling units per acre due to the amount of open space that is included in Division 1. Collectively, the two projects contain 368 dwelling units and the overall density is 4.12 units per acre, which is consistent with the existing Comprehensive Plan designation of Single Family Residential. The project includes the proposal to extend Evergreen Way from its terminus at Lakeland east to Kersey Way at 53rd. A traffic signal will be installed at 53rd and Kersey Way. The design of Evergreen Way has changed since the initial proposal. The applicants propose to include landscaped median strips in the roadway. All the streets in the project will be public streets. The sanitary sewer lift station will be located in the north end of the property or possibly as far north as 49th and Kersey Way. The lift station will be abandoned some time in the future when sanitary sewer service is extended down Kersey Way to Oravetz Road. The lift station will pump the sewage from its site back up to the Lakeland Hills sewer system. Councilmember Singer inquired regarding the responsibility for maintenance of the landscaped medians. City Engineer Dennis Selle responded that because the landscaping is in the public right-of-way, the City would be responsible for maintenance. However, the City could require the Page 5 City of Auburn Council Special Meeting Minutes April 25, 2006 Homeowners Association to maintain the median utilizing a professional landscaper as a condition of the development. Mr. Pilcher advised that the City would provide water services to the site. A booster pump station would be constructed in the Terrace View townhouse project to boost water from the East Valley water main. In response to a question from Councilmember Peloza, Water Utility Engineer Tim Osborne reported that the water system improvements include extension of the water line down East Valley to the Terrace View development. Additional infrastructure (pipe) improvements will be needed because of different pressure zones. Mr. Pilcher discussed the parks and open space areas. The Bonneville Power Administration (BPA) easement is in Division 1 and will be a passive recreation area. The applicant will be constructing a trail within the easement and landscaping. Division 1 includes a 2.6 acre park tract that will include play equipment, a ballfield, and a basketball court. Walking trails will be constructed in Tract B, a 3.5 acre park area. Division 2 includes a .75 acre park area that will include play equipment and a sport court. Walking trails are also proposed in Tract F. All parks will be constructed and improved by the applicants. The City will maintain the trail system within the BPA easement. Mr. Pilcher reported that home designs have also been altered in response to the Council's remand to the Hearing Examiner. All units will have at least a two car garage. The Hearing Examiner denied the applicants request to increase the lot coverage limitation from 40 to 45 percent to allow for greater flexibility in home designs. Mr. Pilcher estimated the increase in lot coverage would equate to approximately a six or seven foot extension into the rear yard of each lot. Staff has no objection to the requested increase in lot coverage. Mr. Pilcher stated that the planned landscape medians on Evergreen Way will provide traffic calming and pedestrian refuge. The proposal for frontage improvements on Kersey Way will include a 10 -foot wide pedestrian and bicycle trail behind the curb and planter strip. Internal blocks will be Page 6 City of Auburn Council Special Meeting Minutes April 25 2006 connected with pedestrian pathways. The applicants have agreed to pay the higher Lakeland Hills South transportation impact fee. Councilmember Peloza inquired regarding the amount of total planned park acreage. Mr. Pilcher advised that 9.17 acres are planned for park areas. Parks Planning and Development Manager Scamporlina explained that the City requires 5.5 acres of park land. The applicant proposes total park land of 9.17 acres, excluding the BPA easement area. Mr. Pilcher advised that an Environmental Impact Statement (EIS) process was conducted. The Final EIS was issued in February 2005, and no appeal was filed. Mr. Pilcher reported there was a request from Segale Properties to provide a modified language on the plat and other documents that the property is near designated mineral resource lands. However, Mr. Pilcher believes it was an oversight of the Hearing Examiner that the condition was not included in his Findings, Conclusions and Recommendation. Mr. Pilcher advised that the applicant has agreed to pay the higher fire impact fee that is applicable in the Lakeland Hills South project. Mr. Pilcher explained that the critical areas ordinance generally restricts development on slopes in excess of 40 percent. Other than the need to alter some 40 percent slopes to construct Evergreen Way, no other slopes will be disturbed by the construction. Mr. Pilcher pointed out the Hearing Examiner Findings, Conclusions and Recommendation includes a somewhat erroneous statement on page 23, conclusion 7, first sentence, where the Examiner refers to the property being zoned R1 which could allow for development of up to 89 dwelling units on site. The R1 zone allows 8,000 square foot lots; therefore the number of lots that could be developed under R1 zoning would be more than stated. Also, the Hearing Examiner recommendation 5.b on page 26 states "No more than a two -car garage shall be used." Staff Page 7 City of Auburn Council Special Meeting Minutes April 25, 2006 recommends that the statement should read: "No less than a two -car garage shall be used ..." or "No less than a two - car garage door facing any street ..." Councilmember Wagner inquired regarding the location of the existing erosion feature at outlet of existing culvert crossing under Kersey Way SE. Storm Drainage Engineer Tim Carlaw stated there are no erosion features at the site and located the area on the site plan. Mr. Carlaw stated that the project is conditioned such that the developer is responsible for constructing the necessary improvements. Final plans have not been submitted at this point. The facilities will be constructed incorporating high standards of design, meaning according to City Design Standards. Councilmember Peloza inquired regarding Mr. John's letter identified as Exhibit 36. Mr. Pilcher stated Mr. John's letter was submitted to the Hearing Examiner after the hearing and at the Hearing Examiner's request. Staff was not requested to comment on the applicant's response to him. Councilmember Norman inquired regarding the signalized intersection at 53rd and Kersey Way SE. Transportation Planner Joe Welsh explained that currently the intersection of 53rd and Kersey Way is at a sharp angle, which was an acceptable practice when it was originally designed for a rural intersection. The proposal is to bring 53rd in to Kersey Way at a 90 degree angle. Mr. Welsh referred the Councilmembers to page 3 of 10 of the plat drawings (landscape plan) that includes a drawing of the intersection. Councilmember Wagner inquired regarding the letter from the Fassbinds regarding the potential impact of the reconfiguration of the intersection on their driveway access. Transportation Planner Welsh reported that the Fassbinds would be able to access directly to Kersey Way from their property or use existing undeveloped right-of-way and access 53rd Street SE. Mr. Welsh stated that the preference would be for the Fassbinds to access via 53rd Street. Councilmember Peloza inquired regarding the setbacks for the forty foot wide lots. Mr. Pilcher explained that the side yard setback is five feet creating a ten foot separation between units. Page 8 City of Auburn Council Special Meeting Minutes April 25, 2006 Chris Ferko, Barghausen Consulting Engineers, 18215 72nd Avenue South, Kent Mr. Ferko spoke on behalf of the applicants. Mr. Ferko provided copies of their PowerPoint presentation and housing renderings and architectural renderings, which are already part of the record. Mr. Ferko's presentation addressed the Council's eight remand issues. Mr. Ferko stated that the new design includes four new parks and enhanced connectivity within the development, high quality architecture, substantial transportation upgrades including a new traffic signal, roundabout, road construction and pedestrian safety, high quality storm drainage facilities, and impact fees for traffic and fire at the higher Lakeland Hills South level. Mr. Ferko pointed out the transitional areas on the site plan. A 35 foot setback will be provided from the Rural Residential property to the east. A 25 foot setback will be provided from the R1 properties to the south. Rear yard trees will be planted for those houses that abut adjacent residential uses. Fences will be installed along the adjacent zone as well as along open spaces and along the walkways. Maintenance of the fences will be the responsibility of the Homeowners Association. Mr. Ferko confirmed that the applicants consent to the revised plat wording regarding the adjacent surface mining operation and agree with the higher Lakeland Hills fire impact fee. Mr. Ferko stated that the revised plan has been endorsed by the City's Parks Director and Auburn Parks Board. The revised plan includes two new active parks and two new passive parks. The BPA trail improvements are designed to link to the City's planned overall trail system. Parks Planning and Development Manager Scamporlina advised that the active parks would be maintained by the City, and the others will be maintained by the Homeowners Association. Approximately 17.8 acres of open space is required for the project; the project provides 29.64 acres of open space. Approximately 5.5 acres of park space is required; the project provides 9.17 acres of park land Page 9 City of Auburn Council Special Meeting Minutes April 25, 2006 outside the BPA easement. The BPA easement consists of an additional 12.51 acres that will be improved with landscaping and trails. The parks will be developed and improved as part of the project. Arthur Seidel, Landscape Architect with Barghausen Consulting Engineers Mr. Seidel spoke regarding parks and open space. Mr. Seidel stated that the parks have increased in size and have been designed to accommodate activities associated with a wider range of age groups. He illustrated on the site plan the connectivity among the neighborhoods, parks and open spaces. Tract B includes an existing forested area where a soft path nature trail will meander through the treed area and a fitness center and gazebo will be installed along the trail. The slope along Kersey Way will need to be revegetated due to widening of Kersey Way. Tract Q is a larger park area with an open play field with a full size basketball court, picnic tables and linkage with the walkway hardscape. The park is tiered. Tract I includes a native tree area and a revegetated area due to the construction of Evergreen Way. Tract P is an active park area located near the entrance of the development and includes a play structure, climbing wall and a half court/sports court. Tract F is a passive park area and includes pathways and picnic tables. Mr. Seidel indicated that parallel parking is available along the streets with additional bulb -out parking areas The BPA easement area is simple open space with no structured play areas. The BPA easement area provides a linkage system to the City's overall trail system. Robert Armstrong, Civil Engineer with Barghausen Consulting Engineers Mr. Armstrong addressed the sensitive environmental features and the City Council's remand Item No. 1. Mr. Armstrong indicated there are no wetlands or streams on Page 10 City of Auburn Council Special Meeting Minutes April 25, 2006 Division 1, 2, or on the portion of Evergreen Way in Division 3. The construction of Evergreen Way SE is the only steep slope disturbance in the project. Councilmember Wagner inquired regarding Condition 19 and the extent of the geotechnical evaluation. Mr. Armstrong advised that for the environmental impact statement a general geotechnical evaluation was performed. For the construction and final engineering plans, a detailed geotechnical evaluation will be done. The Hearing Condition details the requirements. The geotechnical engineer must review the construction plans, perform additional field exploration, and make specific recommendations for all the design elements for the final engineering construction plans. Once construction starts, the geotechnical engineer will be on site to inspect the grading, retaining wall, and any related activities. Mr. Armstrong also reviewed City Council remand Item No. 2 and the related Hearing Examiner conditions 12 through 16 and 22 through 29 with regard to traffic. John Norris, Norris Homes, 2053 Faben Drive, Mercer Island Mr. Norris will be the builder for the project site. Mr. Norris referred to the renderings that were distributed earlier and spoke regarding the architecture and street appeal of the proposed homes. Prices for the homes will begin at approximately $450,000. Mr. Norris requested that the City Council grant the applicants' request for a 45 percent lot coverage to allow additional flexibility for home designs. Mr. Norris explained that the additional lot coverage would not affect the front or side yard setbacks, and the house would not go beyond the 20 foot rear yard setback. Mr. Johns spoke regarding the Homeowner Association issue. He indicated that it is the applicants' intention to create a Homeowners Association with responsibility to maintain the open spaces that are the Homeowners responsibility. He stated that the City must decide who maintains the median on Evergreen Way SE. At 6:32 p.m. Mayor Lewis opened the closed record hearing and reiterated the procedure for a closed record hearing. However, before beginning the public comment, Mayor Page 11 City of Auburn Council Special Meeting Minutes April 25, 2006 Lewis recessed the meeting for five minutes. Mayor Lewis reconvened the meeting at 6:38 p.m. Mickey Fassbind, 5220 Kersey Way SE, Auburn Ms. Fassbind spoke against the proposed project. She expressed concern with additional traffic on Kersey Way, storm drainage issues, and access for her property. Tom Tracht, 2971 53rd St SE, Auburn Mr. Tracht lives in one of the log homes on 53rd Street SE. Mr. Tracht stated that the development is not consistent with the current neighborhood. He expressed concern with the additional traffic noise, noise from traffic stopping and starting at the proposed signal light at 53rd and Kersey Way, and the proposed density of the housing. Mr. Tracht stated that Kersey Way cannot support the additional traffic resulting from the development. He proposed that access to the development should be limited to the north end of the property. Lakeland Hills, Kersey cannot support traffic, liked buffer open spaces, wants lower density, Pat Davis, 4901 Foster Avenue SE, Auburn Ms. Davis submitted a written version of her testimony. She spoke in opposition to the proposed development and expressed concern with the proposed density and the adequacy of Kersey Way for the anticipated additional traffic. She urged the Council to deny the application. Don Bykonen, 111 176th Avenue East, Sumner Mr. Bykonen spoke in opposition to the project. He stated that the surrounding neighborhood consists of 2.5 and 5 - acre tracts, and the proposed project is inconsistent with the existing neighborhoods. He expressed concern with the impact of the project on his property valuation and the existing wildlife. He also expressed opposition to Hearing Examiner Condition No. 28 which calls for the creation of a 50 -foot right-of-way stubbing to the south plat boundary throught he location of lots 27 and 28, Division 1, to align with 176th Avenue East. Mark Hancock, Segale Properties, PO Box 88028, Tukwila Mr. Hancock reiterated Segale Properties' request for a mineral resource lands notice on the Kersey III plat and related documents that would inform home buyers that the Page 12 City of Auburn Council Special Meeting Minutes April 25, 2006 property is near designated mineral resource lands on which a variety of commercial activities, including mining and other activities, are currently ongoing. Janet Koch, 2815 53rd Street SE, Auburn Ms. Koch questioned the proposed reconfiguration of the 53rd and Kersey Way intersection and its impact on her property. She also spoke regarding the impact of the development on the school district. She disagreed with the Hearing Examiner's findings regarding the number of estimated students. She believes all the impact numbers were grossly underestimated by the Hearing Examiner. She proposed that access to the development be limited to Evergreen Way and Lake Tapps Parkway. Richard Poirier, 17508 2nd Street East, Sumner Mr. Poirier explained that he lives near the south end of the proposed development and part of his property is under the BPA power lines. He expressed concern with encroachment and trespassers that can access his property via the projects open space area. Wayne Moore, 5001 Jasmine Avenue SE, Auburn Mr. Moore spoke regarding the Hearing Examiner's Conclusion No. 7 which states that approval of the PUD will have no more of an adverse impact upon the surrounding area than any other project. Mr. Moore stated that the existing infrastructure cannot adequately support the development as proposed. Bruce Koch, 2815 53rd Street SE, Auburn Mr. Koch complained that the time of the hearing this evening (5:00 p.m.) is an inconvenient time and speculated that many of his neighbors could not attend the hearing because of it. He also objected to the quasi-judicial format of the hearing. He expressed opposition to the development and urban growth. Jonie Brooke, 5501 Bridget Avenue Se, PO Box 312, Auburn Ms. Brooke spoke in opposition to the development. She expressed concern with the existing amount of traffic on Kersey Way SE and the additional traffic created by the proposed development. Page 13 City of Auburn Council Special Meeting Minutes April 25, 2006 John Chaffee, 5324 Bridget Avenue, Auburn Mr. Chaffee spoke in opposition to the proposed project. He stated that the existing infrastructure cannot support the proposed density, and he questioned whether there was a need for the type of proposed housing in the city of Auburn. Harry Peters 3010 53rd Street SE, Auburn Mr. Peters spoke in opposition to the project. He expressed concern with the density of the proposed project and spoke in favor of larger lot sizes versus additional parks. He also expressed concern with additional traffic on Kersey Way. He suggested that all traffic associated with the project should be directed through Lakeland Hills. There being no further public comment, the hearing was closed at 7:11 p.m. In response to a question from Councilmember Wagner, City Engineer Selle confirmed that the construction of Evergreen Way will be constructed to the 1998 Construction Standards that were in effect at the time of the Kersey III applications. Additionally, City Engineer Selle confirmed that the applicant was granted a previous deviation by the City relating to the horizontal curvature and a portion of the road grade. Councilmember Backus inquired regarding the access issues brought forward by Ms. Fassbind and Ms. Koch. Transportation Planner Welsh explained that the existing intersection at Kersey Way and 53rd is skewed at an angle. The existing driveway for the Fassbinds comes into the middle of the intersection of Kersey Way and 53rd, and is not a driveway location that would be approved by current standards. Mr. Welsh displayed the intersection and driveway configuration on a PowerPoint slide and possible alternatives for access. Mr. Welsh indicated that with the new signal at Kersey Way and 53rd, the intersection will be reduced from a Level of Service E to a Level of Service C. Mr. Welsh explained that in the realignment of 53rd at its intersection with Kersey Way, the road will be pushed away from the Fassbind property thereby separating the property even more from the controlled intersection. Detailed engineering will need to be completed before a final Page 14 City of Auburn Council Special Meeting Minutes April 25, 2006 determination is made on the options for the Fassbind driveway access. In response to a question from Councilmember Singer, Public Works Director Dowdy advised that Kersey Way was removed as a truck route within the last year; however, as a minor arterial, trucks are allowed to use Kersey Way. Councilmember Wagner inquired regarding the storm drainage improvements will be made in and around the intersection of Kersey Way and 53`d. Storm Drainage Engineer Carlaw explained that an existing culvert crosses towards the Fassbind property. According to the preliminary drawings for the project, a new line will be constructed to intercept the hillside drainage and will continue down the south side of Kersey Way and which will direct the stormwater to an 18 -inch culvert several hundred feet further downstream. Any additional storm drainage facilities to accommodate the reconfiguration of the intersection will need to be determined upon final engineering. In response to questions from Council, Transportation Planner Welsh stated that public right-of-way exists in the area of the Fassbind and Koch properties. The right-of-way was discovered during recent research on a street vacation request. The right-of-way appears to cross the Fassbind and Koch properties. Councilmember Singer commented on the requirements of the Growth Management Act. She stated that the Growth Management Act requires the City to allow higher densities in the new developments. She stated that developer could develop under current R1 zoning without any additional amenities. Mr. Armstrong of Barghausen Engineering Consultants stated that under R1 zoning, the project could develop approximately two-thirds of the lots proposed without going into the open space areas. Mr. Pilcher noted that the R1 zoning district allows six dwelling units per acre. The net buildable area for both sites would allow a density of 441 dwelling units. Councilmember Wagner stated that he had hoped that a more detailed geotechnical report would have been done. Councilmember Wagner inquired whether the City could Page 15 City of Auburn Council Special Meeting Minutes April 25 2006 absolve itself from any liability from potential landslides in the development. City Attorney Heid stated that he understood the project conditions to provide that no properties may be built upon unless a geotechnical certification is provided. Councilmember Singer inquired regarding the traffic count on Kersey Way. Transportation Planner Welsh advised that the traffic volume evaluation came from the City's traffic model for the year 2005 and expanded out to a three-year growth increment to 2008. Councilmember Singer moved to recess the meeting to closed session pursuant to RCW 42.31.040. Councilmember Cerino seconded and the motion carried unanimously. The meeting recessed at 7:50 p.m. Mayor Lewis reconvened the meeting at 9:08 p.m. Mayor Lewis commented on statements made earlier by Councilmember Singer, who is Vice President of the Puget Sound Regional Council, regarding the City's requirements under the Growth Management Act for density. City Attorney Heid also briefly spoke regarding a recent lawsuit against the City by a growth management motivated private entity that sued the City because part of the property in the City has a density that is lower than the claimant believed was legal under the Growth Management Act. Councilmember Norman moved and Councilmember Cerino seconded to adopt the Hearing Examiner's decision with the following modifications: 1. Developer will provide access acceptable to the City of Auburn for properties abutting the intersection at Kersey Way and 53rd Street SE. 2. Developer will add the revised Segale language. 3. There shall be two car garages on the front face of each structure. 4. It shall be Homeowners' Association's responsibility to maintain and replace all trees and landscaping required in the plat. Page 16 City of Auburn Council Special Meeting Minutes April 25 2006 5. The Homeowners' Association shall be responsible for maintaining the median strips, the trails, all Homeowner Association parks, open space, and the fence borders. 6. A maximum of 45% lot coverage will be allowed. Councilmember Wagner indicated that he would vote against the motion because of the road access issues and the landslide areas of the plat. MOTION CARRIED. 6-1. Councilmember Wagner voted no. III. ADJOURNMENT There being no further business, the meeting adjourned at 9:13 p.m. APPROVED THIS DAY OF MAY, 2006. Peter B. Lewis, Mayor Danielle Daskam, City Clerk City Council agendas and minutes are available to the public at the City Clerk's Office, on the City website, and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. Internet: http://www.auburnwa.gov Page 17