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HomeMy WebLinkAbout07-19-2005 HEARING EXAMINER MINUTES JULY 19. 2005 The regular meeting of the Auburn Hearing Examiner was held on July 19, 2005 at 7:00 p.m. in the Council Chambers of the Auburn City Hall. Those in attendance were as follows: HEARING EXAMINER: Ted Hunter, Driscoll-Hunter STAFF: Paul Krauss, Planning and Community Development Director; David Osaki, Community Development Administrator; Steve Pilcher, Development Services Coordinator; Aaron Nix, Environmental Protection Manager; Jeff Dixon, Senior Planner; Duane Huskey, Utilities Engineer; Walt Wojcik, Development Review Engineer; Stephen King, Assistant City Attorney; Daryl Faber, Parks and Recreation Director; Joe Welsh, Transportation Planner; Tim Carlaw, Storm Drainage Engineer; and Patricia Zook, Planning Secretary Mr. Hunter called the meeting to order at 7:00 p.m. explaining the order of procedures and swore in staff and those in the audience intending on testifying. Hearing Examiner informed the audience that the City received a request from Centex Homes, proponent for the River Sand project, that their cases be withdrawn from tonight's agenda. The cases are rescheduled to the August 16, 2005 meeting at 7:00 p.m. No additional mailing or posting is required unless the City warrants. Hearing Examiner announced that the rezone and preliminary plat cases will be taken separately. 1. REZ04-0005 Application of Cornerstone Homes and Development for a rezone request from RS ("Single Family Residential") to R2 (also "Single Family Residential") for parcels generally located on the east side of 56th Avenue South between, approximately, South 336th Street to the north and Iowa Drive/South 348th Street to the south. Hearing Examiner opened the public hearing and admitted Exhibits 1 through Exhibit 9 into the record. Mr. Osaki presented the staff report (appended) and explained the difference between the RS and R2 zoning designations. Until 2004, the City's RS zone was to encourage high quality large lot development. This concept changed in the Comprehensive Plan amendment process to specifically target areas as urban separators in King County. The parcels in the proposal aren't part of the urban separator. The rezone is appropriate. He referred to recent Growth Management Hearings Board cases. In this case, the applicant is able to demonstrate that they can bring utilities to the site and is able to address concerns of critical areas in SEPA. Allowing the rezone change is supportable and staff recommends approval. SEPA review was done in conjunction with the plat application. Part of the plat proposal involves off-site improvements in King County. The Lakeland Utilities District (LUD) and the City of Auburn have entered into an interlocal agreement to provide sewer service to the project. There was no public comment on the rezone. Lisa Klein, AHBL, concurs with Mr. Osaki's comments. Lots across from the subject plat are already platted in 4,800 square foot lots and these lots are consistent with their project. They went through the legal lot determination process through King County and confirmed with the King County assessor's office. They were able to prove that the project has water and sewer. She referred to policies in the Comprehensive Plan that relate to Auburn's need to provide upper and middle class housing. HEARING EXAMINER MINUTES JULY 19. 2005 Mr. Osaki referred to page 4 of the agenda bill, and said that Chapter 4, Housing Element, of the Comprehensive Plan, talks about housing strategy. The City was obligated in 2000 to do a major update of the Comprehensive Plan. The chapter talks about housing strategy for the community. Auburn has done a good job of accommodating low to moderate income housing and is encouraging higher quality housing in order achieve a more reasonable balance of housing types. The project will cater to higher level incomes. The current Comprehensive Plan was updated in December, 2004. Similar language has been in the Comprehensive Plan since 1995. Mr. Osaki remarked that the property was annexed into the City in 1971 and the zoning code was in place at that time. He can research the zoning designation that was applied at the time of annexation. Hearing Examiner will leave the record open until 5:00 pm on July 20 for this information and then issue his recommendation within 10 days. 2. PL T04-0007 Application of Cornerstone Homes and Development for a proposed 107 lot preliminary plat (with tracts) on approximately 40.86 acres on parcels generally located on the east side of 56th Avenue South between, approximately, South 336th Street to the north and Iowa Drive/South 348th Street to the south. In accordance with Auburn City Code section 17.18.010, the preliminary plat proposal also includes a modification request from a cul-de-sac length standard and a modification request from park dedication standards. Modification requests are processed simultaneously with the preliminary plat request. Hearing Examiner opened the public hearing and entered Exhibit 1 through Exhibit 37 into the record. Additional exhibits include Exhibit 38 access plan, Exhibit 39 comment letter from the Watkins, and Exhibit 40 comment letter from Chahim. Mr. Osaki presented the staff report (appended) and remarked that the plat request is slightly larger than the rezone request, and pointed out where the open tracts and storm drainage tracts would be, topography of the site, City limits, and the potential annexation boundary. Mr. Osaki confirmed that currently there is not an interlocal agreement with the Federal Way School District to collect fees on their behalf. The school district submitted a comment letter. The school district requested that the City adopt their Capital Facilities Plan (CFP) and enter into an interlocal agreement to collect the school impact fees on their behalf. Auburn has interlocal agreements with the school districts of Kent, Auburn and Dieringer to collect impact fees. Auburn is not recommending that school impact fees be imposed as part of the conditions of approval of the rezone and plat. The City will look at adopting school impact fee collection for the Federal Way School District; however, there is no school impact fee mitigation now. Mr. Osaki confirmed that in addition to school impact fees, transportation and safety, part of the plat will ensure the construction of a pedestrian walkway from the plat to the bus stop. It was a cautious decision on the school district's part not to appeal the SEPA decision. Mr. Osaki spoke about the site's unique topography, and the required road improvements in unincorporated King County. Lakehaven Utility District is the water provider. The City and LUD entered into an agreement related to provision of utilities to the area. Auburn will provide sewer service and storm drainage will be with Auburn. Drainage will be on the downhill side to a storm drainage pond and will convey off site into the City of Algona's system. Mr. Osaki provided information about the SEPA determination which contains a number of conditions related to mitigation. Wetland streams and geological issues are addressed in the SEPA. Off-site impacts and transportation impacts are addressed through the SEPA. In response to Hearing Examiner's inquiries, Mr. Osaki provided information on the required road improvements. Hearing Examiner asked for clarification of the park land requirement which was provided. Hearing Examiner asked for clarification of the easements which was provided. Hearing Examiner complimented staff on a good presentation which explained how the impacts are being mitigated. PAGE 2 HEARING EXAMINER MINUTES JULY 19. 2005 Dick McDonnell, 33925 55th Avenue South, travels down 340th to Military Road and wants the applicant to install speed bumps or roundabouts because people speed down the road at more than 40 mph. Traffic will go even faster when the road is paved. This road also has lots of pot holes. He spoke of the need for a safe and secure pedestrian walkway. The school buses should go to 56th Avenue so kids don't have to go to Military Road. Malcolm Phillips, PO Box 2022, Auburn, is interested in purchasing land south of the proposed development. The lots are on side of Iowa Drive down to 348th. He is concerned about drainage to his potential lot and what will the developer do for interface cooperation with the owner of lots along Iowa. He could possibly pay to tap into utilities at his expense. Raymond Evans, 33915 53rd Avenue South, has concerns about traffic and water runoff. It's dangerous for kids to catch the school bus on Military Road. He spoke of the need for flashing amber lights to catch peoples' attention. There are no street lights in the vicinity and poor line of sight. He welcomes the project and welcomes paved roads. Shawn Evans, 33915 53rd Avenue South, is concerned about safety of kids walking along the roadway. She has concerns about traffic and speeding vehicles. She has concerns about road maintenance in unincorporated King County. Dustin Chessler, lived on 55th Avenue for 25 years and has nearly been hit by cars on many occasions while walking on the road. He spoke about the need to increase safety for pedestrians. There should be improvements from 56th Avenue to 51st Avenue and from 56th Avenue to Military Road. Cars often drive 40 mph on the road. Geri Walker, Federal Way School District, indicated they previously provided written comments during the SEPA process. The project is in the Federal Way School District and will generate 70 new students. There is currently insufficient capacity at the elementary and high schools. The project will have adverse impacts to their educational services and there is no assurance that these impacts will be mitigated. The school district requested the adoption of school impact fees. They request that a special condition be imposed related to collection of the school impact fees in anticipation of an interlocal agreement. Hearing Examiner marked the Federal Way School District Capital Facilities Plan as Exhibit 41. Ms. Klein provided information on their request to pay fees in lieu of park dedication. Comments from the audience are primarily related to traffic. She offered to pay reasonable school impact fees in an amount to be determined by the methodology described in the Federal Way School District's capital facilities plan. Victor Bishop, Transportation Engineer, prepared the traffic impact analysis reports. The traffic accident summary data for intersections in the area of the plat for the past three years was reviewed. As reported by King County, 340th and Military Road had zero recorded accidents. For 340th and Peasely Canyon, also zero recorded accidents. He spoke about channelization requirements and illumination requirements. He spoke about sidewalk requirements. Mr. Bishop said they had discussions with Federal Way School District about relocating the bus stops within or adjacent to the plat. The plat will have a loop road and connect so that school buses can get in to the subdivision. Mr. Welsh provided information on the traffic impact fees that the applicant is required to pay. Traffic impacts of the proposed project were thoroughly reviewed during the SEPA process. Kristen Langley, Traffic Engineer, King County Street Center, 201 South Jackson, Room 222, Seattle, is representing the King County Road Engineer, and said that mitigation measures were required by King County, presented to Auburn, and imposed on the applicant. She spoke about the requirement to improve Military Road at 340th Street, channelization, and illumination. Ms. Langley said that regarding neighborhood calming improvements, King County doesn't preinstall traffic calming. King County has policies of installation of the measures which require an engineer's evaluation of the conditions to PAGE 3 HEARING EXAMINER MINUTES JULY 19. 2005 suggest something be done; find the problem and then find the optimum solution. There could be concerns related to storm drainage with any calming measures. If the neighbors have concerns they can contact the King County Department of Transportation. King County requires street lights on arterial streets. She spoke about King County standards for school walkways. If the applicant wishes or the Hearing Examiner imposes a condition requiring street lighting on 340th, King County wouldn't have any objection. However, King County won't pay to maintain the lights or pay for electrical costs of the lights. Matt Webber, Civil Engineer, AHBL, referred to the comments about drainage and described the collection system in the road and said there won't be any uncontrolled surface water down the slope. He referred to conditions in the SEPA. Hearing Examiner is aware of the audience's concerns and appreciates their comments. He acknowledged that some road improvements are needed and that the applicant intends to provide improvements. Hearing Examiner said a critical concern to be looked at is the safety of children walking. The applicant is willing to make improvements for safety and has presented creative park proposals. There needs to be mitigation of impacts to the school district. ADJOURNMENT: With no further items to come before the Hearing Examiner, the meeting was adjourned at 10:00 p.m. HEIAGND\MIN 07-2005 PAGE 4