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
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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
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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
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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
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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.
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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.
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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;
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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.
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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.
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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.
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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.
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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
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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
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