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HomeMy WebLinkAboutITEM VIII-A-4CITY OF ~ AGENDA BILL APPROVAL FORM f ~*~a" ~ WASHWGTON Agenda Subject: Ordinance No. 6248 for Final Plat Application No. Date: May 26, 2009 PLT08-0015 Department: Planning, Building Attachments: Ordinance No. 6248 Budget Impact: N/A and Communit and See Exhibit list below Administrative Recommendation: City Council introduce and adopt Ordinance No. 6248. Background Summary: - Schneider Homes, applicant, made application to King County in July 2007 for the Final Plat of "Bristol Knoll" (County file no. L07FR038). The City of Auburn has assigned this project a file no. of PLT08-0015 for record keeping purposes. Bristol Knoll received preliminary plat approval from King County for the subdivision of a 3.59-acre site into 14 single-family lots (County file no. L97P0026). The subdivision request also includes three tracts for access (Tract C~, storm drainage (Tract A), and recreation (Tract B). th Avenue South, and South The property is located west of the intersection of 64t Avenue South and 65 of South 296th Street within the portion of West Hill annexed January 1, 2008 (King County parcels #0221049187 and 0221049229). The King County Hearing Examiner approved the preliminary plat on September 29, 2004. The plat has been developed in accordance with King County R-4 (four du/acre) zoning standards as well as storm, road, and all other King County regulations. The subject property is within the Lakehaven Utility District so there was not an annexation utility agreement between the City and the applicant on this project as the City is not the utility provider. In accordance with Resolution No. 4113, Exhibit B of the interlocal agreement between the City of Auburn and King County with regard to final plat applications, states that King County staff will review the application and the City of Auburn is the decision maker, further detailed by the following: L1006-1 03.5 PLT08-0015 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 0 Planning ❑ Park Board ❑ Public Works 0 Legal ❑ Police ❑ Planning Comm. ❑ Other 0 Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Norman Staff: Baker Meeting Date: June 1, 2009 _ Item Number: VIII.A.4 AU$~RN *MORE THAN YOU 1MAGiNED Agenda Subject: Ordinance No. 6248 for Final Plat Application No. Date: May 26, 2009 PLT08-0015 "2.5 For those subdivisions and short subdivisions that have been granted preliminary approval prior to incorporation or annexation or under Section 2.4, the County shall continue its review through engineering plan approval, final plat or short plat approval, and construction inspection approval phases. For each of these post-preli mi nary review phases, the County shall prepare a recommendation for the City's designated decision maker. All final decisions on any of the post-prel im i nary review phases shall be rendered by the City. At the request of the City, County staff shall appear before the City Council to discuss analysis set forth in the County's final plat approval recommendation." The final plat application for Bristol Knoll is vested to and therefore required to meet King County standards. King County staff has notified the City of Auburn that the final plat of Bristol Knoll has met all applicable regulations and conditions of approval and recommends the final plat be approved and signed by the City. Ordinance No. 6248 approves the final plat of Bristol Knoll. . Attached are the following Exhibits: Exhibit 1- Office of the Hearing Examiner King County, WA report and decision (approving the preliminary plat), dated September 29, 2004 Exhibit 2- Final Plat Map (3 sheets) Page 2 of 2 ORDINANCE NO. 6 2 4 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE FINAL PLAT OF BRISTOL KNOLL WHEREAS, the Plat of Bristoi Knoll, Application No. PLT08-0015, was filed with King County, Washington, while it was unincorporated territory in the County, prior to the premise being annexed into the City of Auburn; and WHEREAS, the premises of the Plat of Bristol Knoll was annexed into the City of Auburn, effective January 1, 2008; and WHEREAS, in connection with the annexation, the City and King County entered into an Interlocal Agreement whereby the two jurisdictions identified a cooperative process for handling pending plat activity; and WHEREAS, in accordance with that cooperative process, the City of Auburn received a recommendation of approval from King County on the final plat application for the Plat of Bristol Knoll, Application No. PLT08-0015, the final approval of which is appropriate for City Council action; and WHEREAS, based on the review given this Plat by the City, the City Council hereby makes and enters the following: FINDINGS OF FACT 1. Schneider Homes has requested final plat approval of Bristol Knoll from King County in July 2007 and all applicable conditions have been met. 2. The preliminary plat was approved by King County Hearing Examiner on September 29, 2004. The plat has been developed in accordance with the King County R-4 zoning standards and all other applicable King County regulations. Ordinance No. 6248 May 26, 2009 Page 1 of 4 3. The City of Auburn annexed the subject properties on January 1, 2008. 4. In accordance with Resolution No. 4113, Section 2.5 of Exhibit B of the interlocal agreement between the City of Auburn and King County, "For those subdivisions and short subdivisions that have been granted preliminary approval prior to incorporation or annexation or under Section 2.4, the County shall continue its review through engineering plan approval, final plat or short plat approval, and construction inspection approval phases. For each of these post-preliminary review phases, the County shall prepare a recommendation for the City's designated decision maker. All final decisions on any of the post-preliminary review phases shall be rendered by the City. At the request of the City, County staff shall appear before the City Council to discuss analysis set forth in the County's final plat approval recommendation." 5. The Final Plat application for Bristol Knoll is vested to and therefore required to meet King County standards. 6. King County staff has notified the City of Auburn that the final plat of Bristol Knoll has met all applicable regulations and conditions of approval and recommends the final plat be approved and signed by the City. CONCLUSIONS OF LAW 1. The Final Plat is in compliance and in conformity with applicable King County Zoning and Land Division Ordinances and other applicable land use controls. 2. It is appropriate that the Final Plat be approved. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WASHINGTON, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Approval. Bristol Knoll, a subdivision involving property located within the City of Auburn, Washington, which plat is legally described on Sheet 1 of the Final Plat and as set forth below: PARCEL "A" THE SOUTH HALF OF QUARTER OF THE THE NORTH HALF OF THE NORTHWEST SOUTHEAST QUARTER OF SECTION 2, Ordinance No. 6248 May 26, 2009 Page 2 of 4 TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M. IN KING COUNTY, WASHINGTON. EXCEPT THE WESTERLY 792 FEET; AND EXCEPT THE EASTERLY 30 FEET FOR COUNTY ROAD; AND EXCEPT THE NORTHERLY 20 FEET. PARCEL "B" THE NORTH 20 FEET OF THE SOUTH HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON. EXCEPT THE WESTERLY 792 FEET; AND EXCEPT THE EASTERLY 30 FEET FOR COUNTY ROAD. is hereby approved, and deemed to conform to the applicable requirements for Plat approval. Section 2. Constitutionalitv or Invaliditv. If any section, subsection clause or phase of this Ordinance is for any reason held to be invalid or unconstitutional such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it is being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed adopted and approved and ratified irrespective of the fact that nay one or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. Section 3. Recordation. 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 Records, Elections, and Licensing Services Division. Ordinance No. 6248 May 26, 2009 Page 3 of 4 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. Section 5. Effective Date. This ordinance shall take effect and be in force five (5) 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 APP ED s/ City Attorney Published: TO FORM: Ordinance No. 6248 May 26, 2009 Page 4 of 4 September 29, 2004 OFFICE OF THE HEARIlVG EXANIINER IQNG COUNTY, WASHINGTOr 400 Yesler Way, Roam 404 Seattle, Washington 98104 Telephone (206) 296-4664 Facsimile (206) 296-I654 REPORT AND DECISiON Z16M01 Numbcr of Pno SUBJECT: Department of Developmeni and Environmental Services Fi1e Na L97PtfQZ6 Proposed Ordinance no. 2004-0408 BRusroL xivoLL Preliminary Plat Application Location: West of the intersection of 64t° Avenue South and 65'h Avenue South, Souih of South 296'h Street Applicant: Soathey 8c Associates, represented by James Jaeger Jaeger Engineering 9419 South 204th Place Keni, Washiagton 9$031 Telephtme: (253) 850-0934 King Covnty: Department of Development and Environmental Services, represented by Kim Claussen and Bruce Whittaker 900 Oakesdaie Avenue Southrvest Renton, Washington 98055-3219 Telephone: (206) 296-7167 and 296-7211 Facsimile: (206) 296-7051 SUMMARY OF DECISION/RECOMMENDATION_ Department`s Preliminary Recommendation: Approve, subject to condiiions Departrnent's Final Recommendation; Approve, subject to conditions Examiner's Decision Approve, subject to conditions EXAMINER PROCEEDINGS: Hearing Opened: September 28, 2004 Hearing Closed: September 28, 2404 Participants at the public hearing and ihe exhibits offered and entered are ]isied in the attached minutes_ A verbatim recording of the hearing is available in the office of the King County Hearing Examiner. L97P0026 - Bristd Knoll Page 2 of 9 FINDINGS, CONCLUSIONS & DECISION: Having reviewed the record m this nmtt~, the Examiner now makes and enters the fallowing. FINDINGS: 1. GeneralIniormation: Owner/Devcloper: Nige1 Southey So'uthey & Associates 13527 SE 25& Sh-eet Kent, WA 98042 (206) 631-9688 Engineer; Jaeger Engineering _ 9419 South 244' Place Ken#, WA 9$031 253-850-0934 STR: 2-ZI-4 Location: 'The site is located tvest af the intersection of 641h Avenue South and 65'b Avenne South, sovth of Souih 296`° Strmet Zoning: R4 Acreage: 369 acres Number of Lots: 14 lots Density: 3.9 units per acre Lot Size: Proposed Use; Ranges from approximately 5,500 to 9,100 sq. feet Sewage Disposal: Single family detached dwellings Lakehaven Utility Dish-ict Water Supply: i.akehaven Utility District Fire District: King County Fire DisWct #39 5chool District Federal Way Comglete AppIication Date: January 15, 1998 2- Except as modified herein, the facts set farih in the King County Land Use Services Division's preliminary report to the King County Hearing Examiner #'or the September 28, 2004, pnblic hearing are found fa be correct and are incorporated herein by reference. The LUSD staff recommencis agproval of the application, subject ta condifians. 3• Sonthey and Associates have filed a preliminary plat appI2cation #o subdivide 3.59 acres into 14 Iots for single-farnily residential deveIoprnent This is the revival of a plat application that was previovsly approved under file no. S90POQ73 and for which preliminary approval was a)Iowed to Iapse. The property is located in a residen#ial neighborhood that Iies on the southern upland rim - overlooking the Green River valley. L97P0026 - Bristoi Kno11 Pagc 3 of 9 4_ Development in this area is constrained by a marginal raad system and chranic flooding problems downstream within the Cneen River vaTley. The BristoI Knoll property has access east to 54th Avenue South, which comprises a switchback segment within the Soutb 296#ti Street collector arterial that meanders downhill east to the West Valley Highway. In orW f'dt` plat traffic to access the collectar arteriai, a mad variance for intersection spacing and entering site distance needed to be obtained, the approval of which was made contingent upon installing a center left turn and storage lane an 64th Avenue South opposite the plai entrance_ 5. The site drains to tnbntary 0053, which descends from the uptand plateau to the river valley within a steep erosional class 3 stream channel that at the boriom fans out across the valley floor. It is then iirtercepted by a series of agricultural drainage ditches that generally transport flows easi to Mill Creek. T3mse oId agricnItura] ditches have been chronically impacted by sedimentatian and other blockages as well as very Iow gradients that impaired their conveyance function. In major storm events this cambinatian of factors bas resvlted in extensive flooding of properties to the north along South 287th Street DDES staffnports that neighborhood proPel2y awners bave recently cleancd out the principa.l tn'butary 0053 east west ditch, significantly fimProving its convcyance function_ 7n addition, the City of Auburn is m the preiiminary stages of review for a proposed new industrial park encompassing many of the properties along this east-west charmel system. This project, if constructed, can be expected to install further drainage conveyance im4novements to serve this area. The recent ditch maintcnance combined with the small size of the Bris#ol Knoll property and detcntion of its flows to the restrictivc leve2 3. standard shouM assur'e that nmoff from this development vvi'1I not sigraficantly contnbute to a worsening of the region wide Green River vailey drainage problems. CONCLUSIONS: I_ Tf approved sabject to the conditions imposed below, the proposed subdivision makes appropriate provision for the public heahh, safety and welfare; serves the public use and interest; and rneets the requirements of RCW 58.17.110. 2_ The conditions of approval imposed herein, inclvding dedications and easements, will prvvide improvemerrts that promote Iegitimate public purposes, are necessary to serve the subdivision and are proportional ta its impaets; are required to make the proposed plat reasonably compatible with ihe environment; and wi11 cazry out applicable state iaws and regulations and the laws, policies and objectives of King County. DEC'ISION: The preliminary plat application for Bristol Knoll as revised and received an February 15, 2004, is approved subject to the following conditions of final plat approvaI: . I_ Compliance with all piatting provisions of Title 19A of the King County Code. 2- All persons having an ownership interest in the subject property sha}I sign on the face of the final plat a dedication itsat includes the language set forth in King County Cauncil Motion No_ 5952. L97P0026 - BristoF K=wA Pagc 4 of 9 3. The plat shal2 comply with ihe base density and mimmnm density requiretrents of the R-4 zone classifcation. ATI lats sball meet the minimum dimensional rcquircmenis ofthe R-4 zone classification or shall be shown on the face of the approved pre3iminary plat, whichever is larger, except that minor revisions to the plat which do not result in substantial changes may be approved at the discrefion of the Departmeret of Develapment and Environment Services. All plat boundary discrepancies sball be resolved ta the satisfaction of DDES priar to the submitta3 of the funai plat docnments. As used in #his condition, "discregancy° is a baundary hiatus, an overlapping boundary or a physical appurtenance which indicate.s an encroachment, lines ofpossession or a conflict of title. 4_ All construction and upgrading of public and private roads sball be done in accordance with the King County Road Standards established and adopted by prdinance No. 11187, as amended (1993 KCRS), S- The applicant nust obtain the apgroval of the Kmg Coimty Fire Protecfitna Engineer certifyinS the adequacy of the ftre hydrant, water main, and fire nflw to meet 1he standards of C6apter 17.0$ of tl3e King County Cade. 6. Final plat approvaI shall require full compIiancc witli ihe chainage provisions set forth in King County Code 9_04. CottipIiance may restclt in reducing the number and/or locanon of lots as shown on the preliminazy approved plat Preliminary review has identified the following conditions of approval which represent portions of the drainage requirements. AlI other applicable requirements in K.C.C. 9.04 and the Sur#'ace Water Desigri Manuat (SVl'DM) must alsa be sa+risfied during engineering and final review. a- Drainage plans and analysis sball comply with the 1998 King County Surface'Waier Design ManuaI and applicable upda#es adopted by King Caunty. DDES appraval of the drainage and roadway ptans is required prior ta airy construction. b- Current standard plan noies and ESC notes, as established by DDES Engineering Review, shalI be shown on the engineering p]ans. C. The foilowing note sball be shown on the fuial recorded plat: "Al1 building downspouts, footir,g drains~ and drains from ali impervious surfaces such as patios and driveways shatl be connected to the permanent stornt drain outlet as shown on the approved construction drawings #f~~~ on fiIe v~rith DDES ancVor the Kung Catinty I?epartmeni of Transportation_ This plan shall be submitted with thc applicatian of any building permiL AII eormections of the clrains must be constructed and approved prior to the fina] building inspectlon egprvval. For tbose lots tha# are designated for individual lot infi}fraiion S3'Stems, the systems shatl be constructed at the time of the building permit and sball comply with plans on fi1e." L97PDO26 - Bririol KnoTl Page 5 ot9 7. The drainage facilities shall be designed in aecordance with ihe 1998 King County Surface Water Design Manual(KCSWDM) and the Leve13 flow control requirement.(see also the M.D.N.S. issued August 27, 2004). 8. A raad variance (L03V0022) is approved for this site. All conditions of approval for this adjustment shalI be incarporaied 'mto the engineering glans. 9. The following road improvements are required to be constructed according to the 1993 King County Road Standards (KCRS): a. South 297`h Place shaIl be improved to the wban %s street standard. 63'4 ~tait5e Sovth shall be improved to the nrban minor access street standard tivith a permafimt cul-de-sac at the south end. b. FRONfAGE: The frontage of the site along 64" Ave. Sovth (west side only) sball be improved to the urban coIlcctor arterial standazd with provisivns for a bflce lane- The fi.ontage improvement sball also xneet the conditions of approval for road variance L03V0022. c. Tract C sball be a minimum 26-feet wide and improved as a private access traci per Section 2_09 of the KCRS. This tract shall be owned and maintained by the lot owners served. Notes to this effect shall be shown on the engineering plans and on the final plat niaP- 4. Tract D sball be a minimum 20 feet wide and improved as a joint uss driveivay per Section 3.0I of the KCRS_ This tract shall be owned and mainiained by ihe loi oxvners served. Notes to this effect shall be shown on ihe final plat map_ e. Modifications to the above road conditions may be considered according to the variance pro»sions in Section 1.08 of #he KCRS. 10. AII uti-lities witttff► proposed rights-of-way must be included wiihin a franchise approved by the King County Cauncil prior to fmal plat recarding_ 11 _ The appIicant or subsequent owner sball comply -with i£mg County Code 14.75, Mitigation Payment System (MPS), by paying the required MPS fee and admanistr-ation fee as determined by the applicable fee ordinance. The applicant has the option to eiiher: (1) pay the MPS fee at the final plat recording, or (2) pay ihe MPS fee at the time of building pecmiY issuance. If the first option is chosen, the fee paid shall be the fee in effect at the time af plat application and a note sball be pIaced on the face of the plai that reads, °AII fees required by King Counnty Code 14.75, Mitigation Payment System (MPS), have been paid." If the second option is chosen, tbe fee paid sball be the amannt in effect as of the date of builcling permit application. 12. Lots within this subclivision are subject fo King County Code 21A.43, whieh imposes impact fees to fimd school system improvernents needed to serve new development. As a condition of final approval, fifty percent (50%) of the impact fees due for the plat sball be assessed and collected immediately prior to the recordmg, using the fee schedules in effect when the plai receives final i97roo26- e,;ssol Knon Page 6 of 9 approval. The balance of ihe assessed fee shall be allocated evenly to ihe dwelling units in the plat and shall be collected prior to building permit issuance. 13. There shalI be no direct vehicular access to or from 64'b Ave South from those lots which abut it. A note to this effect sball appear on the engineering plans and the fmal ptat. 14. The plant islands (if any) wiihin the cul-de-sacs sball be maintained by tbt: abutting lot owners or hameowners association. This sball be stated on the final plat 15. S.titable recreation space sball be provided cansistent with the requiremenis of K.C.C. 21A.14.180 and KC.C 2IA. I4.190 (i_e., sport court[s], chiIdren's plaY equipment, picnic table[s], benches, etc.). Tract B shall be revised to a more suitabie sizc and location_ a. A detailed recreation sgace plan (i.e., location, area ealculaiions, dimensions, landscape specs, equipment specs, etc.) shall be submitted for review and approval by DDES and King County Parks prior to or concurreni wiih the submittal of uiigineering plans. b. A performance bond for recreation space imgrovements sball be posted prior to recording of ihe plat. 16_ A homeotivners' association or other workable organization sball be established to the satisfaction of DDES which provides for the ownership and continued mainienance of the recreation, open space and/or sensttive area tract(s)_ 27. S4,cet trees shalI be provided as fbllows (per KCRS 5.03 and K.C.C_ 21A.16.050): a. Trees shall be gIanted at a rate of one tree for every 44 feet of frontage along all roads_ Spacing may be modified to accommodate sight distance requirements for driveways and intersections. b. Trees sball be located within tbe street right-of-.vay and planted in accordance wifh Urawing No. 5-009 of the 1993 King Couniy Road Standards, unless King County I?epartrnent of Transportation deternunes that trees s}tauId not be Iocated in the street right-of-way. c- If King Caanty determines that tlie required street trees should nof be Iocated within the right-of-way, they shall be located no rnore than 20 feet from the street righf-of-way Iine. , d. ' The trees shalI be owned and maintained by the abutting lot owners or the homeQwners association or other workahle organization unless the county has adopted a maintenance progam. Owners}up and maintenance shall be aoted an the face of the frnal recorded plat. e• The species of trees shall be approved by DDES if located within the right-of-uray, and shali not include poplar, cottonwood, soR map]es, gum, any fruit bearing trees, or any other tree or shrub whose;oa#s are likely to obstruct sanitary or siorm sewers, or that is not compatible with overhead utility lines. L97POU26 - Bristol KnoD Pagc 7 of 9 The applicant shall submit a street tree plan and bond qvantity sheet for review and approval by DDES prior to engineering plan approvaI. ~ The applicant shall contact Metro Service Planning at (206) 684-1622 to determine if 64'h Ave South is on a bns route If so, the street tree plan shaIl alsa be reviewed by Metra h. Thc street trees must be installed and inspected, or a performance bond posted prior to recflrding of the plak If a performance bond is posted, the street trees nnust be installed and inspected within one year of recflrding of the plat At the time of inspection, if the trees are found to be installed per the approved plan, a mamtenance bond must be submitted or the performance bond replaced with a maintenance band, and held for one Ymw• After one yew, the mainteriancc bond may be released after DDES has completed a second inspection and deterrmned that the brees have been kept healthy and thriving. A. landscape inspection fee sha31 also be subsnitted prior to plat recording. The inspection fee u subjtxt to change based on the current county fee.s. ORDERED this 29th day of September, 2004. King Coeanty Hearing Facaminer TRANSMTI'TED this 291h day o#'SepEember, 2004, to the parties and interested persons of record: Ty Amant 29230 - 59th Avenue South Aublun WA 98001 Jim & Linda Gassler 63(}4 S. 298th PL Aubum WA 98001 Mara Ayman 6430 Sonth 287th Street Kent WA 98032 Kenneth Andersan 333 10 - l lth Ave. SW Federal Way WA 98023 George H. Aoward 6358 S. 2981h Pl. Aubum WA 9800I-3040 James 3_ Jaeger 7aeger Engineering 9419 S. 204th PI_ Kent WA 98031 Barbara Bradshaw 30205 - 33rd Ave_ SW Federal Way WA 98023 Mary Hughs 6303 S. 298th Pl. Aubum WA 98001 Steve Lunde 6346 S 29$th Pl Auburre WA 98001 David & IIizabeth Martin Ben Mumick Muckleshoot Indian Tnbe 612 S. 296th Ct_ 6117 S. 296th CL Arin: Erick Thompson Aubum WA 98001-3025 Aubum WA 98001 39015 -172nd Ave SE Aabwn WA 98092 L97P0016 - BmWI IGsofl Page 8 of 9 ThOmas NrimcbeR Danie13. Poom'liet 3ohn A. & Judy E. Sansom 6223 Soerth 287th Street 6500 S. 298th St 29646 - 61 st Ave S Kent WA 98022 Aubwn WA 98001 . . Auburn WA 98001 Seattle KC HeaNh Dept Nigel SoutheY Leslie R. Sutton E- Ihst- Envinoa- Health 13521 SE 258th St 29720 - 45th Ave S 14358 SE Eastgatc Way gent WA 98042 . . Auburn WA 98001 BeIlevue WA 98007 Martin J. Withelm Keith WovlleY Kim Ciaussen 29653 - 64th Ave. S. 5135 S. 289th Pl_ DDES/LUSD Auburn WA 98003 Aubum WA 98001 Cun-an plwufing MS OAK DE-0 IOQ Lisa Dins-rnore DDES2USD Nick Cn7len Kristen Langley MS OAK DE-0100 DDESILUSD Site Deve]opment Services DDES/LUSD Land Use Tiaffic MS OAK DFr0100 MS OAK DE-0 100 CaroI Rogers $teve Townsend Lany west DDES/LUSD MS OAK DE-0 100 DDESlLUSD Land Use Ins ections DDES2USD p Geo Review MS OAK DE-OI00 NIS QAK DE-0100 Bruce Whittaker DDES2USD Pre]. Rc-view Engineer MS OAK-DE-030D In order to appeal the decision of the Examiner, written notice of appeal rnust be fited with the Cterk of the King County Council with $ fee of S250.00 (check payable to King Connty pffice of Firiance) on or before Ddober 13, 2004. If a natice of appeal is fi]ed, the ori statement specifying the basis far the a B- ~aI and six (6) copies of a written appeal and Clerk of the King Coimty Conne~7 on orppeabefore O~ er 2U 2 Aaf the app~l must be filed wiih the fac#s coniained in the hearing record; new facts ma not be , PI~ ~temenfs may refer oniy to Y presented on appeai. FiIing requires actuaI delivery to the O#fice of the Clerk of the Council, Room 1025, King Caunty Courthovse, 516 3' Avenue, Seattle, Washington 98104, prior tc► the close of business (4:30 p.rn.) on the date due. Prior mailing as not sufficient if acfual receipt by the CIerk does not occur ~vithin the applicable time period. Tbe Exami~. do~ not have authority to extend the time period the OffiGe of the Clerk is not open on the specified closeng date, in which evrnt delivezy prior to the close vf business on the next business day is sufficient fo meet the fl ing requirement. fhis notice of appeai and filir~g fee u-e not filed withut {ou~een (14) c~endat. days of the date of r epart, or if a written appeal statement and argument are not Sled within twent},-one (zl) calendar days of the date of this report, the decisifln flf the hcaring eacaminer contained herein shall be the final decision of King County without the need for further ac6on by the CounciI_ L97PQ026 - Bristoi Krroti Pa gc 9 of 9 MINtITES OF THE SEPTEMBER 28, 2004, PUBLiC HEARING ON DEPARTMENT OF DEVELppMENT AND ENVIItOriMENFAL SERVICES FILE NO. L97P0026. Stafford L. Smith was the Hearing F.xam3ner in this matter. Participating in #he bearing were Kun Claussen, Bruce Whittaker and Kristen Langley, representing the Department; and 3ames Jaeger and Ngel Southey representing the Appiicant. The folIowing exhibits were offered and entered into the record: Exhi"bit No. 1 Department af Development and Em►ironmental Services file no. L97P0026 Exbibit No_ 2 DDES gre3iminary report for 9/28104 Exbibit No. 3 Application dated 6130/97 Exhibit No. 4 Environmental Checklist received 6/30/97 Exlu'bit No. 5 Mitigated Detcrnunatian ofNon-significance issued 8/27/04 E.xhibit No. b Affidavit ofPosting indicating a posting date of 1J29/98 and receiverl by DDES on 2/OZ/98 Exbibit Na. 7 Plat map dated 2/I S/03 (revision) Extubit,No. 8 Conceptual Channelization Plan received 6/24/04 Fxhi-bit No. 9 Assessors maps SE and 23E 2 21-04 Exhibrt No.10 KCRS variance decision dated 4/05104 for fle no. L03V0022 Exhu'bit No. i 3 Addendum to conceptuaI drainage report by Jaeger Engineering, dated 6/I 6/04 Exhibit No. 12 Conceptual dramage calcutations by Jaeger Engincering, received 10l23/00 FxWbit No.13 Letter from tbe Federal Way Public Schools dated 7114/97 Exbibit No. 14 Hearing Examiner's 3111/92 report for file no. S90P0473 (previous application) with cover memo Exbibit No. 15 Supplement Downsh-eam Analysis Report for Meredith Business Park, dated 8J03l04 SLS:ms L97P0026 RPT