HomeMy WebLinkAbout04-25-2006 Special
CITY COUNCIL
SPECIAL MEETING MINUTES
April 25, 2006 5:00 PM
I. CALL TO ORDER
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 PL T05-000 1 the request of Wayne Jones (Lake ridge
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 PL T05-0002 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.
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
Page 1
City of Auburn Council Special MeetinQ 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, PL T05-
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 1." 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 PL T05-
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 MeetinQ 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
Councilmember Wagner's participation
jeopardize the Council's ultimate action.
concern
may
that
legally
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 MeetinQ Minutes
April 25. 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 MeetinQ 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 MeetinQ 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 MeetinQ 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 MeetinQ 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 MeetinQ 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 MeetinQ 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 ArmstronQ, 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 MeetinQ 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 MeetinQ Minutes
April 25. 2006
Lewis recessed the meeting for five minutes. Mayor Lewis
reconvened the meeting at 6:38 p.m.
Mickev 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 Bvkonen, 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 MeetinQ 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 MeetinQ 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 MeetinQ 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 53rd. 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 MeetinQ 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 MeetinQ 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 \ tH- DAY OF MAY, 2006.
/J(? ~
r B. Lewis, Mayor
City Council agendas and minutes are available to the public at the City Clerk's
Office, on the City web site, and via e-mail. Complete agenda packets are
available for review at the City Clerk's Office.
Internet: http://www.auburnwa.gov
Page 17