HomeMy WebLinkAbout08-09-2005
CITY OF
~,:t"~,";:"~:"~~~<
;""~W WASHINGTON
HEARING EXAMINER MINUTES
AUGUST 9. 2005
The regular meeting of the Auburn Hearing Examiner was held on August 9,2005 at 7:00 p.m. in the
Council Chambers of the Auburn City Hall. Those in attendance were as follows:
HEARING EXAMINER: James Driscoll, Driscoll-Hunter
STAFF: Steve Pilcher, Development Services Coordinator, Stacey Borland, Planner; Dan Scamporlina,
Parks Development Manager; Joe Welsh, Transportation Planner; Tim Osborne, Water Utility Engineer,
and Patricia look, Planning Secretary
Mr. Driscoll 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.
PUBLIC HEARINGS:
1. APPLICATION NO. MIS05-0003
The request of Janet Fox for a special home occupation permit to allow a personal service shop
(beauty salon) within her home located at 1827 - 4th Street SE.
Ms. Borland presented the staff report (appended). The request is consistent with zoning code
requirements. An adjacent property owner commented in support of the request. Staff
recommends approval with three conditions which were reviewed.
Ms. Fox is in agreement with the staff report and can meet the conditions.
There was no public testimony. HE admitted the exhibits into the record. The decision will be
issued about August 23, 2005.
2. APPLICATION NO. REl05-0004
The request of Lakeland East LLC, to rezone approximately 77-acres from R1 Single Family
Residential to Planned Unit Development District-Lakeland Hills South Special Plan Area. The
lands proposed for rezoning are located within a recently annexed area and are located generally
east of Old Man Thomas Road and also south of Lake Tapps Parkway.
Mr. Pilcher presented the staff report (appended). He referred to the Comprehensive Plan
amendment which authorized increasing units by 250 and was approved by City Council in 2004.
The subject property was annexed into the City effective August 15, 2005. Staff recommends
approval of the rezone and the conditions were reviewed.
Dennis Hanberg, Apex Engineer, commented that they have been working with the City for some
time and they do not object to the conditions. They are currently working with the City on an
agreement and the intent is to have it in place prior to the rezone effective date.
Mr. Pilcher confirmed that staff has made a condition that the rezoning is not effective until the
agreement is effective. The applicant wants to fast track the agreement. The rezone can go
forward, but it won't be effective until the agreement is approved.
There was no public testimony. He admitted the exhibits into the record. Exhibit 12 is the City
ordinance which approved the annexation. The decision will be issued about August 23,2005.
HEARING EXAMINER MINUTES
AUGUST 9. 2005
He: reviewed exhibits; ex 12 is City ordinance which approved annex
The following two were joined.
3. APPLICATION NO.PL T05-0001. PUD05-0001 and REl05-0001 - Kersev 3-Division 1
The request of William and Debra Jones for approval of a preliminary plat, rezone from R-1,
Single Family Residential, to Planned Unit Development (PUD) District and planned unit
development approval to subdivide 50.60 acres into 169 single family residential lots. The project
is located west of Kersey Way SE at approximately 53rd Street SE, ex1ending 1400 ft. west and
south 1500 ft. to the King County/Pierce County line.
4. APPLICATION NO. PLT05-0002. PUD05-0002 and REl05-0002 - Kersev 3-Division 2
The request of Elwood and Joyce Bolles for approval of a preliminary plat, rezone from R-1,
Single Family Residential, to Planned Unit Development (PUD) District and planned unit
development approval to subdivide 38.40 acres into 205 single family residential lots. The project
site is located west of the proposed Kersey 3-Division 1 project. Generally, the site is located
approximately 1400 ft. west of Kersey Way SE, between 49th Street SE (if extended) and the King
County/Pierce County line. The project is to be located on the extension of Evergreen Way SE,
from the existing Lakeland Hills area.
Mr. Pilcher reviewed the staff report (appended). He presented a background of the EIS process,
the draft EIS and the final EIS. Environmental review of the project is now complete. Originally,
three separate properties were involved in the EIS; however, now there are only two properties
involved. He supplied information about proposed park land under the BPA easement. Dan
Scamporlina, Parks Development Manager, provided information on the park calculations. If BPA
doesn't allow the park under the BPA lines, then the developer would still have to meet the park
requirements.
Significant discussion occurred related to the collection of impact fees for the Auburn School
District, current construction underway of a new elementary school in Lakeland, and safe passage
for children to school.
Chris Ferko, Barghausen; introduced the following: Rob Armstrong, Barghausen Engineers, Art
Sidel, landscape architect, and Pat McBride, GMS Architecture Group. He thanked staff for
working so closely with them. Staff met with them on numerous times and were helpful. Staff
was tough, but fair. They met with Parks Department officials to review layouts for the park
facilities. He submitted a drawing which the Hearing Examiner marked as exhibit 19 and is
entitled 'preliminary overall landscape plan'. Mr. Ferko continued by saying that they are providing
more open space than is required by City code. They had several meetings with BPA who is
supportive of the project. A letter from BPA said they would give the proponent land use approval
and that they will issue the approval soon. BPA is waiting for the preliminary plat process to finish
before approval is given. Mr. Ferko commented that the only disagreement with staff is their
request for setback reduction of 15 feet to 10 feet and to increase the building coverage from 40
percent to 50 percent.
Mr. McBride said their designs are neotraditional, homes with front porches that make a
pedestrian connection more viable so that neighbors interact with each other. They can
accomplish this if the front yard setback is reduced. Increasing the coverage ratio provides a
tremendous amenity. All houses will have a combination of porch elements in their design.
Porches are usable areas and won't be postage stamp size, but of functional size. A mix of
architectural styles will also be provided.
Mr. Ferko added that a number of lots in division 2 have slopes in the backyards because of the
properties topographical features. The actual usable amount of the back yard is not as much.
PAGE 2
HEARING EXAMINER MINUTES
AUGUST 9. 2005
Having the added flexibility for the for the front yard provides a sense of a backyard. They agree
with the other conditions as proposed by staff. They still want the reduced front yard setback and
lot coverage change.
Mr. Armstrong explained the operation of the storm drainage facility.
In response to Hearing Examiner inquires, Mr. Ferko said that the road network will be designed
to City standards and have sidewalks that the children can use. The school district will determine
the bus schedule.
Mr. Armstrong referred to page 118 of the draft EIS, which spoke to school impacts assessed and
actual school designated and identified, but not to the point of designating the bus routes.
Hearing Examiner requested that the school district provide information of what they envision as a
safe passage way for students and also information about bus routes. This information is needed
prior to issuing a recommendation.
Marci Fassbind, 5220 Kersey Way SE, has many concerns and said the impact on the schools
is significant. The school district says it must use portables now. She wondered about fire
issues with the houses too close together. She is concerned about drainage on her property
and about fish in Bowman Creek. She said there will be too much noise and car headlights will
shine into the houses.
Alice Dudeck, 4921 55TH Street SE, said that Kersey is the only access in and outofthe area and
believers there will be too much traffic.
Jim Chambers, 5410 Olive Ave SE. has concerns about traffic safety and that Evergreen Way will
become a speed way. JW provided information on traffic calming techniques and pedestrian
safety amenities.
Kristi Knott, 5002 Jasmine Ave SE, said there are deer and eagles in the neighborhood and is
concerned about the wildlife. Kersey Way doesn't have shoulders and kids ride bikes at night.
Joanie Brooke, 5501 Bridget Ave SE, is also concerned about the wildlife. She is concerned
about rising property taxes.
John Chaffee, 5324 Bridge Ave, said the project should be rejected based because it isn't in the
City's general welfare. The project doesn't fit in. She is also concerned about traffic.
Olynn Barnett, 5018 Bridget Ave SE, is concerned about the traffic.
Deanna Johnson, 3670 53RD St SE , spoke about semi traffic from the mining site and truck
hauling. She is concerned about wildlife. The schools are overcrowded.
Mark Hancock, representative for Segale, said that the gravel mine is a regional facility. They
want a provision inserted into the plans, building permits and deeds that alert homeowners to the
existence of the mining facility. He is concerned that homeowners may not be informed about the
existence of the gravel pit and its operations.
Tealah Hill, 4602 Bridget Ave SE, said the area has changed during her lifetime. She sees
gridlock from A Street SE to Hwy 167. Schools are crowded now and won't be able to handle
the additional students.
Discussion occurred related to the required traffic mitigation measures.
PAGE 3
HEARING EXAMINER MINUTES
AUGUST 9. 2005
Regarding school impacts, Mr. Pilcher said that no letter was received from the school district.
School impact fees are assessed at the time of building permits. The school district reviews and
updates their impact fees too and the amount will go up January 1,2006. The school impact fees
are collected by the City and sent to the school district. The monies must be spent on capital
facility projects for the school district.
Regarding a notice about the existing mining site, Mr. Pilcher advised that the EIS identified the
RCW related to notification and this should have been mentioned in the staff report. He is not
sure about a notice on the building permits because the homeowners Won't see the building
permit because the house is constructed by the builder. It would be extremely difficult to 'flag' this
kind of a warning on each and every issued building permit. A notice could be placed on deeds
and should be picked up on title report. The preliminary title report should show the note from the
plat, but will people read this prior to purchasing a home?
Mr. Pilcher explained that neo-traditional design is grid street and alley and rear loaded and this
isn't part of their design. They propose driveway cuts on each lot and no alleys. Staff has
concerns about their request for front yard setbacks and lot coverage request and staff cannot
support their request. He confirmed that the fire department reviews and provides comments
related to fire safety issues and turning radius. The fire department did not have about the
project.
Mr. Armstrong spoke about the detailed mitigation measures imposed by the City. As far as
placing a 'notice' on the final plat and deeds, they would not object to this additional condition. He
announced that the project has a significant amount of frontage on Kersey Way and in
accordance with Public Works Department standards, they are required to build sidewalks along
the entire frontage of Kersey.
Mr. Ferko said that regarding the school, the EIS looked at the school district impacts and looked
at greater development density than proposed and predicted more students than will actually
occur. The EIS concluded that each home will pay the impact fee to offset the impact of
development. Page 121 of the EIS gives an estimated number of students.
Mr. Pilcher said that the school district does an analysis in the CFP of the impact of each new
home constructed. The school impact fee collected by the City varies for each school district.
The City collects fees for the Auburn School District, Kent Schooi District, Dieringer School District
and son will also collect for the Federal Way School District.
Hearing Examiner will leave the record open for purpose of obtaining information from the school
district. When the information is received, the record will be closed and the decision issued after
that time. Hearing Examiner admitted exhibits 1-20. Mr. Hancock's letter is exhibit 21. Exhibit 22
is the school district information related to safe passage. Exhibit 23 is an email from Mr. Pilcher.
ADJOURNMENT:
With no further items to come before the Hearing Examiner, the meeting was adjourned at 9:30 p.m.
HEIAGNDIMIN 08-09-2005
PAGE 4