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HomeMy WebLinkAbout02-06-2008 SpecialCITY COUNCIL SPECIAL MEETING MINUTES WASHfNGTON CALL TO ORDER February 6, 2008 6:00 PM A. Flag Salute Mayor Peter B. Lewis called the special meeting to order at 6:00 p.m. in the Council Chambers for the purpose of conducting a hearing and considering Application No. CUP07-0003. B. Roll Call Mayor Lewis and the following Councilmembers were present: Rich Wagner, Sue Singer, Gene Cerino, Nancy Backus, Bill Peloza, Lynn Norman, and Virginia Haugen. Staff members present included: Planning, Building and Community Director Cindy Baker; Planner Stacey Borland; Chief of Police Jim Kelly; City Attorney Daniel B. Heid; Principal Planner Elizabeth Chamberlain; Public Works Director Dennis Dowdy, Storm Drainage Engineer Tim Carlaw; Environmental Protection Manager Aaron Nix; and City Clerk Danielle Daskam. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Closed Record Hearing The following is a closed record hearing where comments are limited to the existing record established by the Hearing Examiner and where no new evidence or information is allowed to be submitted. 1. Application No. CUP07-0003 An application from Leonard Gazhenko for a conditional use permit to allow a tri-plex in the R2 (Single Family Residential) zone on property located at 504 H Street NE Page 1 City of Auburn Council Special Meeting Minutes February 6, 2008 City Attorney Heid commented regarding the state law on regulatory reform that limits consideration of any quasi- judicial matter to one open record hearing. Under City ordinances, the open record hearing is held before the Hearing Examiner. No new information can be provided in connection with the application during the closed record hearing. City Attorney Heid noted that the audience has posted several placards and posters that are visible that may not have been presented to the Hearing Examiner, in which case they should not be presented or considered by the City Council. Additionally, because the meeting this evening is comprised of a quasi-judicial matter, any Councilmembers who may have had contact, communication or information outside of this hearing must disclose the communication in advance of proceeding with the hearing. Councilmember Norman reported that members of her family live on H Street NE, she recused herself from the meeting and left the building. Councilmember Cerino disclosed that one resident contacted him several months ago regarding the property. The contact occurred before the application for a conditional use permit was submitted to the City. Councilmember Haugen disclosed that when she was running for City Council she learned about the project from a citizen. She stated that the information she received will not affect her impartiality. Councilmember Backus challenged whether Councilmember Haugen could act impartially and whether Councilmember Haugen should participate in the closed record hearing citing Councilmember Haugen's signature on a petition against the application and Councilmember Haugen's comments that are part of the Hearing Examiner's decision regarding the application. City Attorney Heid advised that once a Councilmember's participation is challenged, the Councilmember may step down, the presiding officer may decide whether a Councilmember can participate in the hearing, or the Council Page 2 City of Auburn Council Special Meeting Minutes February 6, 2008 can vote on whether the Councilmember should participate in the hearing. Councilmember Haugen recused herself from the meeting and left the building. Mayor Lewis cautioned the audience that any signs, placards or posters on display this evening that were not part of the Hearing Examiner record must be removed. Using a PowerPoint presentation, Planner Stacey Borland presented the staff report for Application No. CUP07-0003. The application is a request from Leonard Gazhenko with GLG Homes to construct a triplex at 504 H Street NE in an R2 (single family residential) zone. The site is located at the southeast corner of the intersection of 5th Street NE and H Street NE. (Ms. Borland displayed a vicinity map of the location and a site plan.) The site contains a single family home to be removed prior to construction of the triplex. The surrounding development includes an older residential neighborhood, the Messiah Lutheran Church and Auburn High School. The R2 zone allow multi-family development with a conditional use permit if 6,000 square feet of lot area is provided for each unit. The proposed triplex requires 18,000 square feet, and the site consists of 23,116 square feet, which satisfies the lot area requirement. Access for the development would be from H Street NE via a 12-foot wide paved driveway. The proposal complies with R2 development standards including setbacks, lot coverage and building height. Each of the units is required to have two off- street parking spaces. The development will be required to connect to water and sewer and storm water will be handled on site. No traffic study was required for the project due to the low number of trips generated by the proposal. Planner Borland reviewed the timeline of the oroiect thus far: October 17, 2007 Hearing Examiner public hearing November 7, Examiner left record open 2007 for additional public comment until this date November 21, Deadline for Ci of Page 3 City of Auburn Council Special Meeting Minutes February 6, 2008 2007 Auburn and applicant to respond to additional comments December 6, Hearing Examiner issued 2007 recommendation of approval with conditions December 17, Neighbors filed request for 2007 reconsideration December 17, City Council voted to 2007 conduct a closed record hearing January 9, 2008 Examiner issued response to request for reconsideration affirming original recommendation February 6, 2008 Closed record hearing Planner Borland reviewed the Hearing Examiner's recommendation. The Hearing Examiner recommended approval of the conditional use permit with two conditions: 1) requires landscaping installed along the northern and eastern property lines; any new fencing on site requires an amendment to the CUP; 2) requires the design of the proposal to substantially conform to the site plan, which is Exhibit 2A, including tree retention. Planner Borland stated that following the hearing this evening, the Council may either affirm, reject or modify the Hearing Examiner's recommendation. Proposed Ordinance No. 6150, included as part of the agenda, affirms the Hearing Examiner's recommendation. Staff recommends the City Council adopt Ordinance No. 6150. Mayor Lewis cautioned the audience members that if any of their placards, posters, or photos on display in the Council Chambers are not already part of the record, they should be removed immediately. Mayor Lewis recessed the approximately five minutes. meeting at 6:24 p.m. meeting at 6:18 p.m. for Mayor Lewis reconvened the Page 4 City of Auburn Council Special Meeting Minutes February 6. 2008 In response to a question from Councilmember Cerino, Planner Borland explained that a traffic study was not required of the applicant because the number of trips generated by the development was too low and did not trigger the need for a traffic impact study. Public Works Director Dowdy also confirmed Ms. Borland's statement. He also added that the City does not require traffic impact studies on small projects and relies on the traffic impact fee schedule to mitigate traffic impact. Councilmember Peloza inquired regarding the tree inventory included in the record. Planner Borland explained that the site plan reflects information on the trees to be removed. Ms. Borland stated the tree inventory was submitted as part of a comment letter which was considered by the Hearing Examiner. In response to questions from Councilmember Peloza regarding the current fencing plan for the proposal, Ms. Borland referred to the Hearing Examiner's conditions. She explained that the proposed cedar fence on the site plan is no longer proposed and is replaced by landscaping. The Hearing Examiner conditioned his recommendation to include that any fencing subsequently added to the property shall require an amendment to the conditional use permit. Storm Drainage Engineer Tim Carlaw responded to questions from Councilmember Peloza regarding the storm water infiltration system. Mr. Carlaw explained that the proposal is to collect the stormwater from the new impervious surfaces on site directed to an infiltration facility, consisting of a smaller diameter pipe with perforations laid in a bed of washed rock where the water is dispersed into the gravelly soils. The project will retain 100 percent of the runoff on site and will not impact off-site properties or rights- of-way. With regard to flooding in the area, Mr. Carlaw responded that during rainfall events, the water collects due to settling pavement. Councilmember Backus inquired whether any traffic impact studies have been conducted on H Street NE. Public Works Director Dowdy stated that speed and direction studies have been conducted and traffic calming measures implemented, but no traffic impact study has been conducted. Page 5 City of Auburn Council Special Meeting Minutes February 6. 2008 Councilmember Backus inquired regarding required screening for the project. Planner Borland stated that the landscaping plan calls for a mix of trees and shrubs that will grow to at least six feet in height. Councilmember Singer referred to page 10 of the Hearing Examiner's Findings, Conclusions and Decision, lines 6 through 10, where the Hearing Examiner states that the project is acceptably harmonious with the surrounding community. Councilmember Singer asked whether site elevations are part of the record. Planner Borland advised that the applicant presented the Hearing Examiner with site elevations during the period of time that the record was left open prior to the Hearing Examiner's decision. Copies of the site elevations were passed among the Councilmembers at this time. Councilmember Peloza inquired regarding the driveway and whether there is any ingress/egress difficulty. Planner Borland stated that the driveway meets the City standards and code requirements for residential access. The Valley Regional Fire Authority reviewed the proposal and did not have any comments. Councilmember Wagner inquired whether any grading will be performed that will change the elevation. Storm Drainage Engineer Carlaw stated that no documents have been submitted that indicates the grade will be altered. Councilmember Wagner inquired regarding the off-street parking requirement. Planner Borland responded that the garage counts towards the off-street parking requirement. The project is providing additional paved areas that can be used for maneuvering or parking. Public Works Director Dowdy explained that the staff report states that the project would create three trips per day which is a common way of expressing three PM peak trips per day. In response to a question from Councilmember Peloza, Storm Drainage Engineer Carlaw stated that the driveway is included in the calculation for the project's impervious surface. Page 6 City of Auburn Council Special Meeting Minutes February 6, 2008 In response to questions from Councilmember Wagner regarding the driveway space, Planner Borland stated that the site plan submitted to the Hearing Examiner illustrates the driveway and paved space for backing. There was no discussion by the Hearing Examiner regarding safety issues related to backing. Councilmember Cerino inquired regarding emergency vehicle access. Planner Borland stated that the property is bordered by two public streets. The project includes one driveway access for the three units with a variety of paved surfaces in front of the units. Councilmember Peloza inquired regarding the size of the garage. Planner Borland stated that the garages are two-car garages. All three garages can accommodate two vehicles. Councilmember Wagner spoke regarding the tree inventory versus the site plan. Planner Borland pointed out that the site plan was submitted by the applicant, while the tree inventory was submitted as part of a comment letter from an interested party. Councilmember Wagner stated that the inventory includes six significant trees, but the site plan is unclear as to whether the significant trees will be retained. Planning, Building and Community Director Baker advised that a conditional use permit represents a special circumstance in the City Code. There are aspects of the proposed project that are not part of the initial application, as the engineering details come at a later date once a decision has been made on the conditional use. The level of detail that is presented to the Council is similar to that of a preliminary plat application. Public Works Director Dowdy agreed with Director Baker's comments stating that the civil designs, including storm drainage, for the particular site would be addressed under engineering design review along with any special requirements of the conditional use permit. Richard Hill, 701 Fifth Avenue, Seattle, WA Mr. Hill is counsel for the applicant and spoke on his behalf. Mr. Hill urged the Council to approve the Hearing Examiner's recommendation to approve the conditional use permit. Mr. Hill noted that the subject property is large enough for three single family homes without a conditional use permit; Page 7 City of Auburn Council Special Meeting Minutes February 6, 2008 however, the City Code requires a conditional use permit for three townhomes. Mr. Hill noted that the project meets the City's six criteria for a conditional use permit: 1) The use will have no more adverse impact than would any use generally permitted in the district. The proposed use entails three townhomes on a site that would allow three single family homes as a right. The proposed development has one curb cut rather than three curb cuts. The project preserves most of the site's mature trees. 2) The proposal is consistent with the Comprehensive Plan. Land Use 12 and Land Use 14 encourage a balanced mix of housing types and values and which encourage the bulk of the single family residential community to be developed at a density of between four and six dwelling units per acre. The project proposes three townhomes and has a density of six dwelling units per acre. 3) The proposal meets the applicable zoning code requirements. The project meets density, setback, landscaping and parking requirements. 4) The proposal must be harmonious and appropriate in design, character and appearance with the general vicinity. The proposal has the appearance of three single family homes clustered together. The proposal provides an appropriate character transition between the church and school uses to the south and the smaller single family homes to the north. 5) The proposal will not adversely affect the public infrastructure. The stormwater flows will not exceed predevelopment conditions. The City's storm drainage system will not be adversely impacted, the street system is adequate to accommodate the traffic from three new homes, and parking will not be adversely impacted. 6) The proposed use will not create a public nuisance. The proposed project is a residential use in a residential zone and creates no nuisance. In response to a question from Councilmember Cerino, Director Dowdy explained that three separate driveways would create more impervious area than the proposed driveway. Page 8 City of Auburn Council Special Meeting Minutes February 6, 2008 Leonard Gazhenko, GLG Homes, business address 3702 West Valley Highway North, Suite 102, Auburn and residence at 530 Hi Crest Drive, Auburn Mr. Gazhenko stated that he is the owner and president of GLG Homes, and has been in business since 1995 constructing custom homes in Auburn and two developments on the east hill of Auburn and in the city of Sumner near the Sumner Station. Mr. Gazhenko spoke in favor of his project and requested the City Council's support of the project. In light of Mr. Gazhenko's residential address, Mayor Pro Tern Singer noted that she lives on the same street as the applicant, but she does not know Mr. Gazhenko nor has she spoken to Mr. Gazhenko. Axel Lindstrom, 5641 South 32151 Street, Auburn Mr. Lindstrom spoke on behalf of Mr. Gazhenko. He expressed support for the project as it represents a transitional project and the alternative would be to subdivide the property creating a greater impact to the neighborhood. Mayor Lewis opened the hearing at 7:08 Herman Ansingh, 909 5m Street NE, Auburn Mr. Ansingh spoke against the proposal. He lives approximately 60 feet from the subject property. Mr. Ansingh stated that he believes the proposed development will affect future value of his property and will change the character of the neighborhood. He expressed concern for emergency access to the subject property. He urged the Council to deny the conditional use permit. Jim Hughes, 640 H Street NE, Auburn Mr. Hughes spoke against the proposed project and expressed concern with stormwater management on the property. Larry Libadia, 631 H Street NE, Auburn Mr. Libadia spoke against the proposed conditional use application, and stated that the proposed project is not conducive to the neighborhood. He also expressed concern with stormwater management on the property. He urged the Council to reject the proposal for construction of a triplex. Page 9 City of Auburn Council Special Meeting Minutes February 6. 2008 Sara Meier, 803 5th Street NE, Auburn Ms. Meier stated that she is a horticulturist, and she prepared the plant inventory that is part of the record. She spoke regarding the existing vegetation and expressed concern that additional flooding would occur if the existing trees and vegetation were removed. Liz Irwin, 620 H Street NE, Auburn Ms. Irwin spoke against the requested conditional use permit and the proposed project. She spoke in favor of retaining the character of the neighborhood. Greg Watson, 904 5th Street NE, Auburn Mr. Watson spoke against the proposed conditional use permit. He expressed concern with fire and police emergency access to the property. Mr. Watson stated that the proposed project is not consistent with the character of the neighborhood. Kyle Meier, 803 5th Street NE, Auburn Mr. Meier stated that since the property was acquired by the applicant, the condition of the property has deteriorated. Mr. Meier spoke against the proposed conditional use permit. Jennifer ]sham, 905 5th Street NE, Auburn Ms. Isham spoke against the proposed conditional use permit. Ms. Isham stated that the proposed project would impose an adverse impact on the neighborhood. Nadeane Eidal, 906 5th Street NE, Auburn Ms. Eidal stated that she has lived on 5th Street since 1959. She spoke against the proposed project as it will have an adverse impact on parking and traffic in the neighborhood. Georjean (Ginny) Anderson, 635 H Street NE, Auburn Ms. Anderson spoke against the proposed conditional use permit. She urged the Council to reject the proposal thereby protecting the character of the neighborhood. Eileen Anderson, 4000 Pierce Street, Riverside, California Ms. Anderson spoke against the proposed project and spoke in favor of retaining the uniqueness of the neighborhood. Page 10 City of Auburn Council Special Meeting Minutes February 6. 2008 Charlie Maxwell, 641 H Street NE, Auburn Mr. Maxwell questioned whether the units would be a condominium or under some other ownership status. Donald Anderson, 635 H Street NE, Auburn Mr. Anderson spoke against the proposed conditional use permit. He expressed concern that the project is not compatible with the existing neighborhood, and he believes the project is not consistent with the goals of the Comprehensive Plan. He urged the Council to reject the proposal. Pat Byrne, 634 H Street NE, Auburn Ms. Byrne expressed opposition to the proposed conditional use permit and stated the project will have an adverse impact on the neighborhood. At 7:55 p.m., Mayor Lewis recessed the meeting for five minutes. The meeting reconvened at 8:02 p.m. Mayor Lewis explained that staff members are limited by the existing ordinances and city codes. Mayor Lewis also explained that any multi-family units in existence prior to the enactment of the Growth Management Act are not counted as part of the City's density goals. Greg Isham, 905 5th Street NE, Auburn Mr. Isham stated that he has lived in the neighborhood since 1993. He spoke against the proposed conditional use permit. Gary Strand, 420 23rd Street SE #C, Auburn Mr. Strand is the grandson of a resident of the neighborhood. He spoke against the proposed conditional use permit and stated that the proposed project is not consistent with the neighborhood. Julie Noesen, 502 H Street NE, Auburn Ms. Noesen expressed concern that the proposed project would have an adverse impact on existing on-street parking and property values. Page 11 City of Auburn Council Special Meeting Minutes February 6, 2008 At 8:11 p.m., Mayor Lewis recessed the meeting for approximately three minutes. The meeting reconvened at 8:15 p.m. Mayor Lewis allowed the following rebuttals from the proponent and a representative of the opponents. Richard Hill, 701 Fifth Avenue, Seattle, WA Mr. Hill is counsel for the applicant and provided a rebuttal statement regarding density, compatibility, and trees. Mr. Hill emphasized that the size of the subject parcel is 23,116 square feet. The minimum lot size for the zone is 6,000 square feet. The parcel is 1,700 square feet greater than the minimum lot size. Approval of the conditional use permit would not increase density as either single family development or the proposed development would have three homes. With regard to compatibility, Mr. Hill referred to Finding of Fact E on page 8 of the Hearing Examiner's decision, which states in part: "There is no question that this is a very desirable place to live and that any new development must be sensitive to the beauty and serenity of the neighborhood. There is also no question that a big box development for a triplex without mitigation would not be compatible with the modest scale of the surrounding homes and the park-like setting in which they are located. However, the project has been designed and mitigated to provide for a legally acceptable level of compatibility. As shown on Exhibit No. 2, the triplex is significantly modulated form one unit and garage to the next as well as within rooflines. As conditioned with a vegetative fence and as designed with the retention of several mature trees, the project also contributes to and blends in with the park-like setting of the surrounding homes. Given these factors, the Examiner finds that the proposed triplex is compatible with the single-family character of the surrounding neighborhood." Mr. Hill noted that the Hearing Examiner, in his Order on Reconsideration, states: "None-of the trees that would be lost as a result of the project are specifically protected by the Auburn City Code. The broad criteria for a conditional use permit provide no notice that a twenty year old Dogwood is Page 12 City of Auburn Council Special Meeting Minutes February 6, 2008 to be protected as opposed to an eighteen year old Dogwood. As discussed in Conclusion of Law No. 7, permit applicants must be able to anticipate what they are allowed to do with their property by reading the code. There is nothing within the code that provides any meaningful guidance on what type of vegetation must be retained. Further, Constitutional due process and takings provisions would not allow the City to prevent development solely in order to protect trees that are not endangered as a species." Mr. Hill referred to Exhibit 2A, site plan, that identifies fourteen of the larger trees on the site. Of the fourteen larger trees, eight trees and existing shrubs will be retained. In closing, Mr. Hill noted that the R2 zone allows townhomes as long as the density standards and the zoning code standards are met for a Conditional Use Permit. Donald Anderson, 635 H Street NE, Auburn Mr. Anderson provided the rebuttal . statement for the opponents. Mr. Anderson stated that he believes that the neighboring property owners have not received fair treatment throughout the process. Mr. Anderson stated that not all property owners received notice of the Hearing Examiner hearing on the matter. Additionally, he believes that the Hearing Examiner decision does not accurately reflect the testimony of those who spoke at the Hearing Examiner hearing. Mr. Anderson spoke regarding the impact of the proposed triplex on existing on-street parking in the neighborhood. Mr. Anderson questioned whether the eight trees that are to be retained would survive the construction of the proposed project. Mr. Anderson argued that the Hearing Examiner's conditions to mitigate the project are insufficient. He stated that according to the elevation plan, the complex is not compatible with the neighborhood. Herman Ansingh, 909 5m Street NE, Auburn Dr. Ansingh suggested that the Council review and revise the zoning code. Page 13 City of Auburn Council Special Meeting Minutes February 6. 2008 Mayor Lewis closed the hearing at 8:37 p.m. Councilmember Cerino moved and Councilmember Backus seconded to deliberate in closed session. MOTION CARRIED. 3-2. Councilmembers Singer and Wagner voted no. The Council recessed to closed session at 8:39 p.m. Mayor Lewis reconvened the meeting at 9:23 p.m. Councilmember Backus moved and Councilmember Wagner seconded to reject and deny the Hearing Examiner's findings on Conditional Use Permit CUP07-0003 based on the following findings: 1) It does not meet Comprehensive Plan Goals 1, 4, 7 and 8 2) It is not harmonious with the character of the general vicinity 3) It has greater impacts than other permitted uses in that area; and staff is directed to formulate written findings based on and in support of this motion. MOTION CARRIED. 5-0. 111. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 9:24 p.m. APPROVED THE DAY OF APRIL 2008. Peer 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 14