HomeMy WebLinkAboutITEM VIII-A-3
*
*CITY F ~U
AGENDA BILL APPROVAL FORM
WASHINGTON
Agenda Subject: Ordinance No. 6249 for Final Plat Application No. Date: July 14, 2009
PLT08-0014
Department: Planning, Building Attachments: Ordinance No. 6249 Budget Impact: N/A
and Community ~ and See Exhibit list below
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6249.
Background Summary:
Charter Homes, applicant, made application to King County in December-2008 for the Final Plat of
"Sterling Court" (County file no.L08FR043). The City of Auburn has assigned this project a file no. of
PLT08-0014 for record keeping purposes. Sterling Court received preliminary plat approval frorn King
County for the subdivision of a 2.26 acre site into 8 single-family lots (County file no. L03P0021). The
subdivision request also includes Tract A for ingress/egress and utility easement, Tract B for storm
drainage, and Tract C for recreation. The property is located at 12115 SE 304th Street within the portion
of Lea Hill annexed January 1, 2008 (King County parcel number: 0921059089).
The King County Hearing Ezaminer approved the preliminary plat on June 21, 2004. The plat has been
developed in accordance with King County R-4 (four du/acre) zoning standards. The City of Auburn is
the water and sewer provider and the project is subject to an annexation-utility agreement approved by
the City Council by Ordinance No. 5780.
In accordance with Resolution No. 4113, Exhibit B of the interlocal agreement between the City of Auburn
and King County with regard to final plat applications, states that King County staff will review the
application and the City of Auburn is the decision maker, further detailed by the following:
L0720-1
03.5 PLT08-0014
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O
❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CD ❑ Fire 0 Planning
❑ Park Board ❑ Public Works Z Legal ❑ Police
❑ Planning Comm. ❑ Other Z Public Works ❑ Human Resources
❑ Information Services
Action: _
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: Norman Staff: Baker
Meetin Date: Jul 20, 2009 Item Number: VIII.A.3
Aj)$jjRN* MGRE THAN YOU IMAGINED
Agenda Subject: Ordinance No. 6249 for Final Plat Application No. Date: July 14, 2009
PLT08-0014
"2.5 For those subdivisions and short subdivisions that have been granted preliminary approval prior
to incorporation or annexation or under Section 2.4, the County shall continue its review through
engineering plan approval, finai plat or short plat approval, and construction inspection approval phases.
For each of these post-preliminary review phases, the County shall prepare a recommendation for the
City's designated decision maker. All final decisions on any of the post-preliminary review phases shall
be rendered by the City. At the request of the City, County staff shall appear before the City Council to
discuss analysis set forth in the County's final plat approval recommendation."
The final plat application for Bristol Knoll is vested to and therefore required to meet King County
standards. King County staff has notified the City of Auburn that the final plat of Bristol Knoll has met all
applicable regulations and conditions of approval and recommends the final plat be approved and signed
by the City. Ordinance No. 6248 approves the final plat of Bristol Knoll.
Attached are the following Exhibits:
Exhibit 1- Office of the Hearing Examiner King County, WA report and decision (approving the
preliminary plat), dated June 21, 2004
Exhibit 2- Final Plat Map (3 sheets)
Page 2 of 2
ORDINANCE NO. 6 2 4 9
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING
THE FINAL PLAT OF STERLING COURT '
WHEREAS, the Plat of Sterling Court, Application No. PLT08-0014; was
filed with King County, Washington, while it was unincorporated territory in the
County, prior to the premise being annexed into the City of Auburn; and
WHEREAS, the premises of the Plat of Sterling Court was annexed into
the City of Auburn, effective January 1, 2008; and
WHEREAS, in connection with the annexation, the City and King County
entered into an Interlocal Agreement whereby the finro jurisdictions identified a
cooperative process for handling pending plat activity; and
WHEREAS, in accordance with that cooperative process, the City of
Auburn received a recommendation of approval from King County on the final
plat application for the Plat of Sterling Court, Application No. PLT08-0014, the
final approval of which is appropriate for City Council action; and
WHEREAS, based on the review given this Plat by the City, the City
Council hereby makes and enters the following:
FINDINGS OF FACT
1. Charter Homes has requested final plat approval of Sterling Court ' from
King County in December 2008 and all applicable conditions have been
met.
2. The preliminary plat was approved by King County Hearing Examiner on
June 21, 2004. The plat has been developed in accordance with the King
County R-4 zoning standards.
Ordinance No. 6249
July 14, 2009
Page 1 of 4
3. The City of Auburn granted a water sewer certificate (WSC02-0001) in
2003 and all conditions associated with that development agreement have
been satisfied.
4. The City of Auburn approved a facility extension agreement (FAC07-0006)
for extension of city water and sewer in 2007.
5. The City of Auburn annexed the subject properties on January 1, 2008.
6. In accordance with Resolution No. 4113, Section 2.5 of Exhibit B of the
interlocal agreement between the City of Auburn and King County,
"For those subdivisions and short subdivisions that have been granted
preliminary approval prior to incorporation or annexation or under
Section 2.4, the County shall continue its review through engineering
plan approval, final plat or short plat approval, and construction
inspection approval phases. For each of these post-preliminary review
phases, the County shall prepare a recommendation for the City's
designated decision maker. All final decisions on any of the post-
preliminary review phases shall be rendered by the City. At the
request of the City, County staff shall appear before the City Council to
discuss analysis set forth in the County's final plat approval
recommendation."
7. The Final Plat application for Sterling Court is vested to and therefore
required to meet King County standards.
8. King County staff has notified the City of Auburn that the final plat of
Sterling Court has met all applicable regulations and conditions of
approval and recommends the final plat be approved and signed by the
City.
CONCLUSIONS OF LAW
1. The Final Plat is in compliance and in conformity with applicable King
County Zoning and Land Division Ordinances and other applicable land
use controls. ,
2. It is appropriate that the Final Plat be approved.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WASHINGTON,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Ordinance No. 6249
July 14, 2009
Page 2 of 4
Section 1. Approval. Sterling Court, a subdivision involving property
located within the City of Auburn, Washington, which plat is legally described on
Sheet 3 of the Final Plat and as set forth below: -
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING
COUNTY,
EXCEPT THAT PORTION IF ANY LYING WITHIN THE WEST 330 FEET
OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING
COUNTY,
ALSO EXCEPT THE NORTH 30 FEET THEREOF FOR ROAD AS
ESTABLISHED BY KING COUNTY COMMISSIONER'S RECORDS,
BOOK 31, PAGE 429
is hereby approved, and deemed to conform to the applicable requirements for
Plat approval.
Section 2. Constitutionalitv or Invaliditv. If any section, subsection
clause or phase of this Ordinance is for any reason held to be invalid or
unconstitutional such invalidity or unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this Ordinance, as it is being hereby
expressly declared that this Ordinance and each section, subsection, sentence,
clause and phrase hereof would have been prepared, proposed adopted and
approved and ratified irrespective of the fact that nay one or more section,
subsection, sentence, clause or phrase be declared invalid or unconstitutional.
Section 3. Recordation. Upon the passage, approval and publication of
this Ordinance as provided by law, the City Clerk of the City of Auburn shall
Ordinance No. 6249
July 14, 2009
Page 3 of 4
cause this Ordinance to be recorded in the office of the King County Records,
Elections, and Licensing Services Division.
Section 4. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 5. Effective Date. This ordinance shall take effect and be
in force five (5) days from and after its passage, approval and publication, as
provided by law.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APP OVED AS TO F07:
Daniel B. Heid,
City Attorney
Published:
Ordinance No. 6249
July 14, 2009
Page 4 of 4
,
June 21, 2004
OFFICE OF THE HEARING EXAMINER
HING COUNTY, WASHINGTON
400 Yesler Way, Room 404
Seattle, Washington 98104 opy
Telephone (206) 296-4660
Facsimile (206) 296-1654
REPORT AND DECISION
SUBJEGT: Department.of Development and Environmental Services File No. L03P0021
Proposed Ordinance No. 2004-0232 .
DHALIWAL SUBDIVISION
Preliminary Plat Application
Location: South of the Southeast 304`h Street and 121 S' Place Southeast Intersection
Applicant: Daljit S. Dhaliwal
12115 Southeast 304`h Street .
. Auburn, Washington 98092
Telephone: (206) 271-6295
King County: Deparhnent of Development and Environmental Services, represented by
Trishah Bull '
900 Oakesdale Avenue Southwest
Renton, Washington 98055-1219
Telephone: (206) 296-6758
Facsimile: (206) 296-6644
SUMMARY OF DECISION/RECOMMENDATION:
Department's Preliminary Recommendation; Approve, subject to canditions
Department's Final Recommendation: Approve, subject to conditions
Examiner's Decision: Approve, subject to conditions
EXAMINER PROCEEDINGS:
Hearing Opened: June 17, 2004
Hearing Closed: June 17, 2004
Participants a# the public hearing and the exhibits offered and entered are listed in the attached minutes.
A verbatim recording of the hearing is available in the office of the King County Hearing Examiner.
L03P0021-Dhaliwal 2
FINDINGS, CONCLUSIONS & DECISION: Having reviewed the record in this matter, the Examiner
now makes and enters the following:
FINDINGS:
1. GeneralInformation:
Owner/Developer: Daljit Dhaliwal
12115 SE 304`h Street
AuUurn, WA 98092
(206) 271-6925
Engineer: Cramer Northwest Inc. "
945 N Central, Suite 104
Kent, WA 98032
(253) 852-4880
STR: NW-09-21-05
Location: The project is located at 12115 SE 304`h Street. The site is ]ocateii south
of the SE 304Ih Street and 12151 Place SE irttersection.
Zoning: R-6-SO
Acreage: 2.26
Number of Lots: 8
Density: 3.54 units per acre
Lot Size: Ranges from approximately 6,150 to 12,800 square feet
Proposed Use: Single-family detached dwellings
Sewage Disposal: City of Auburn
Water Supply: City of Auburn
Fire District: King County District #44
School District: Auburn School District #408
Complete Application Date: October 17, 2003
2. Except as modified herein, the facts set fortli in the King County Land Use Services Division's '
preliminary report to the King County Hearing Examiner for the June 17, 2004, public hearing
are found to be correct and are incorporated herein by reference. The LUSD staff recommends
approval of the application, subject to conditions.
3. Daljit Dhaliwal has filed a preliminary plat application to subdivide 2.26 acres into 8 lots for
single-family residential development. The property is located in the rapidly developing Lea Hill
area east of the City of Auburn. The plat proposal envisions retaining an existing residence on
proposed lot 1.
4. The plat property lies within the potential annexation area for the City of Auburn. As a condition
of extending sewer and water service to the subdivision, the city has required the Applicant enter
into an agreement supporting annexatioii and implementing city development standards. The
Applicant's representative Terry Wilson at the hearing inquired as to whether county or city road
L03P0021-Dhaliwal 3
standards would apply to the plat. The Dhaliwal property is currently under King County
jurisdiction, and county development standards legally apply to its present development. The
relationship of the property to the City of Auburn is contractual not jurisdictional, which is not to
say that the city's power to withhold utility services is not a compelling incentive to comply with
its wishes. As a practical matter, while the city's road development standards may in some
circumstances be more demanding than those of the couniy, the two sets of regulations generally
will not be in direct conflict with one another. The King County Road Standards for urban
residential development may be viewed as providing a baseline which may be exceeded',by the
Applicant in conformance with its obligations to the city. 5. As shown on the plat map, the Applicant's property also has a right-of-access to an
approximately 15 foot wide gravel easement road along the property's eastern boundary. It
appears that the Applicant prior to final plat approval hopes to place a house on proposed lot 5
that would have access to Southeast 304`h Street via this gravel easement road. As shown on the
January 28, 2004 preliminary plat map, lot 5 as currently proposed would be served only by the
gravel easerrient road and not have direct access to the plat's internal road system. Staff'condition
7 a. requires this circumstance to be corrected, specifically that all lots need to obtain access from
the internal access road. The Applicant has objected to this condition. As described by staff
engineer Kris Langley, the gravel. easement road along the plat's eastern boundary does not meet
the King County Road Standards and lacks the legally required sight distances.at its intersection
with Southeast 304`h Street.
CONCLUSIONS: '
1. KCC 21A.2$.120 A requires all new development sites to be served by adequate vehicular access
consisting of a public or private street that meets the King County Road Standards. Accordingly,
lot 5 will need to be provided with legally adequate access to the internal plat road as required by
the staff condition. While. the plat property may have a legally valid cunent right of access to the
gravel easement road, that legal right becomes subservient to tfie county's development
regulations once the owner decides to subd'avide. Had the area comprising proposed lot 5 been
excluded from the plat, then it would not have become subject to county subdivision requirements
for access. • 2. If approved subject.to the conditions imposed below, the proposed subdivision makes appropriate
provision for the public health, safety and welfare; serves the public use and interest; and meets
the requirements of RCW S 8.17.110.
3. The conditions of approval imposed herein, including dedications and easements, will provide
improvements that promote legitimate public purposes, are necessary to serve the subdivision and
are proportional to its impacts; are required to make the proposed plat reasonably compatible with
the environment; and will carry out applicable state laws and regularions and the laws, policies
and objectives of King County.
DECISION:
T'he preliminary plat application for of Dhaliwal, as revised and received on January 28, 2004, is
APPROVED, subject to the following conditions of final plat approval: .
L03P0021-Dhaliwal 4
1. Compliance with all platting provisions of Title 19 of the King County Code. '
2. All persons having an ownership interest in the subject property shall sign on the face of the final
plat a dedication which includes the language set forth in King County Council Motion No. 5952.
3. The plat shall comply with the base density (and minimum density) requirements of the R-6-SO
zone classification. All lots shall meet the minimum dimensional requirements of the R-6-SO
zone classification or shall be as shown on the face of the approved preliminary plat, whichever is
larger, except that minor revisions to the plat which do not result in substantial changes may be
approved at the discretion of the Department of Development and Environmental Services.
4. All construction and upgrading of public and private roads shall be done in accordance with the
King County Road Standards established and adopted by Ordinance No. 11187, as amended
(1993 KCRS).
5. The applicant must obtain the approval of the King County Fire Protection Engineer for the
adequacy of the fire hydrant, water main, and fire flow to meet the standards of Chapter 17.08 of
the King County Code.
6. Final plat approval shall require full compliance with the drainage provisions set forth in King
County Code 9.04: Compliance may result in reducing the number and/or location of lots as
shown on the preliminary approved plat. Preliminary review has identified the following
conditions of approval which represent portions of the drainage requirements. All other
applicable requirements in KCC 9.04 and the Surface Water Design Manual (SWDM) must also
be satisfied during engineering and final review.
a. Drainage plans and analysis shall comply with the 1998 King County Surface Water
Design Manual and applicable updates adopted by King County. DDES approval of the
drainage and roadway plans is required prior to any construction.
b. Current standard plan notes and ESC notes, as established by DDES Engineering
Review, shall be shown on the engineering plans.
c. The following note shall be shown on the final recorded plat:
"All building downspouts, footing drains, and drains from all irnpervious surfaces such as
patios and driveways shall be connected to the permanent storm drain outlet as shown on
the approved construction drawings # on file with DDES and/or the King
County Department of Transportation. This plan shall be submitted with the application
of any building permit. All connections of the drains must be constructed and approved
prior to the final building inspection approval. For those lots that are designated for
individual lot infiltration systems, the systems shall be constructed at the time of the
building permit and shall comply with plans on file."
d. The drainage detention facility shall be designed to meet at a minimum the Level 2 Flow
Control and Basic Water Quality menu in the 1998 King County Surface Water Design
Manual(KCSWDM). The access road to the detention facility shall be within a county
owned tract or R/W per the KCSWDM.
L03P0021-Dhaliwal 5
7. -The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS)
including the followirig requirements: ,
a. The internal access road shall be improved at a minimum to the urban minor aceess street
standard. All lots shall be provided access from the internal access road.
b. FRONTAGE: The frontage of the site along SE 304`h Street (south side orily) shall be
improved to the urban collector arterial standard with provisions for a bike lane,
C. Modifications to the above road conditions may be considered according to the variance
provisions in Section 1.08 of the KCRS.
d. Road Variance L03V0057 for intersection spacing and sight distance is approved for this
site.
8. There shall be no direct vehicular access to or from SE 304`h Street from those lots which abut it.
A note to this effect shall appear on the engineering plans and final plat.
9. All utilities within proposed rights-of-way must be included within a franchise approved by the
King County Council prior to final plat recording.
10. Lots 1- 8 shall have undivided ownership of Tract "A" and be responsible for its maintenance.
Tract "A" shal] be 26 feet wide and improved with a 22-foot-wide, paved surface and controlled
drainage. A note to this effect shall be placed on the engineering plans and final plat.
11: The planter islands (if any) within the cul-de-sacs shall be maintained by the abutting lot owners
or homeowners association. This shall be stated on the face of the final plat.
12. The 1 S-foot easement for ingress, egress, and utilities (recording no. 7710250340) along the
eastern plat boundary shall be placed in a separate tract.
13. The applicant or subsequent owner shal] comply with King County Code 14.75, Mitigation
Payment System (MPS), by paying the required MPS fee and administration fee as determined by
the applicable fee ordinance. The applicant has the option to either: (1) pay the MPS fee at final
plat recording, or (2) pay the MPS fee at the time of building permit issuance. If the first option
is chosen, the fee paid shall be the fee in effect at the time of plat application and a note shall be .
placed on the face of the plat that reads, "All fees required by King County Code 14.75,
Mitigation Payment System (MPS), hava been paid." If the second option is, chosen, the fee paid
shall be the amount in effect as of the date of building permit application.
14. Lots within this subdivision are subject to King County Code 21A.43, which imposes impact fees
to fund sehool system improvements needed to serve new development. As a condirion of final
approval, fifty percent (50%) of the impact fees due for the plat shall be assessed and collected
immediately prior to recording, using the fee schedules in effect when the plat receives final
approval. The baIance of the assessed fee shall be allocated evenly to the dwelling units in the
plat and shall be collected prior to building permit issuance.
L03P0021-Dkaliwal 6
15. Suitable recreation space shall be provided consistent with the requirements of KCC 21 A.14.180
and KCC 21A.14.190 (i.e., sport court[s], children's play equipment, picnic table[s], benches,
etc.).
a. A detailed recreation space plan (i.e. area calculations, dimensions, landscape
specifications, eyuipment specifications, etc.) shall be submitted for review and approval
by DDES and King County Parks prior to or concurrent with the submittal of the
engineering plan. This plan must not conflict with the Signif cant Tree Inventory &
Mitigation Plan.
b. A performance bond for recreation space improvements shall be posted prior to recording
of the plat.
16. A homeowners' association or other workable organization shall be established to the satisfaction
of DDES which provides for the ownership and continued maintenance of the road, recreation,
open space and/or sensitive area tract(s).
17. Street trees shall be provided as follows (per KCRS 5.03 and KCC 21 A.16.050):
a. Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads.
Spacing may be modified to accommodate sight distance requirements for driveways and
intersections.
b. Trees shall be located within the street right-of-way and planted in accordance with
Drawing No. 5-009 of the 1993 King County Road Standards, unless King County
Department of Transportation determines that trees should not be located in the street
right-of-way.
c. If King County determines that the required street trees should not be located within the
right-of-way, they shall be located no more than 20 feet from the street right-of-way line.
d. The trees shall be owned and maintained by the abutting lot owners or the homeowners
association or other workable organization unless the County has adopted a maintenance
program. Ownership and maintenance shall be noted on the face of the final recorded
plat. ,
e. The species of trees shall be approved by DDES if located within the right-of-way, and
shall not include poplar, cottonwood, soft maples, gum, any fruit-bearing trees, or any
other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is
not compatible with overhead utility lines.
f. The applicant shall submit a street tree plan and bond quantity sheet for review and
approval by DDES prior to engineering plan approval.
g. The applicant shall contact Metro Service Planning at 684-1622 to determine if SE 304c''
Street is on a bus route. If SE 304`h Street is a bus route, the street tree plan shall also be
reviewed by Metro.
.
,
L03P0021-Dhaliwal 7
h. The street trees must be installed and inspected, or a performance bond posted prior to
recording of the plat. If a performance bond is posted, the street trees must be installed
and inspected within one year of recording of the plat. At the time of inspection, if the
trees are found to be installed per the approved plan, a maintenance bond must be
submitted or the performance bond replaced with a maintenance bond, and held for one
year. After one year, the maintenance bond may be released after DDES has completed a
second inspection and determined that the trees have been kept healthy and thriving.
i. A landscape inspection fee shall also be submitted prior to plat recording. The inspection
fee is subject to change based on the current County fee5.
18. To implement SO-220, which applies to the site, a detailed tree retention plan shall be submitted
with the engineering plans for the subject plat. The tree retention and engineering plans shall be .
consistent with the requirements of SO-220. No clearing of the site is permitted until the tree
retention plan is approved by DDES. Elagging and temporary fencing of trees to be retained shall
be provided, consistent with SO-220. The placement of impervious surfaces, fill material,
excavation work, or the storage of construction materials is prohibited with the fenced areas
around reserved trees, exce t as rna be ermitted under the rovisi s
P P y p p on of SO-220.
A note shall be placed on the final plat indicating that the trees shown to be retained on the .tree
retention plan shall be maintained by the future owners. of the proposed lots, consistent with KCC
21A.38.230B6. The tree retention plan shall be included as part of the final engineering plans for
the subject plat.
. . ORDERED this 21 st day of June, 2004.
Stafford L. S 'th `
King County Iiearing Examiner
TRANSMITTED this 21 st day of June, 2004, to the parties and interested persons of record:
Mr. & Mrs. Anthony Courtney Cramer Northwest, Ine. Daljit S. Dhaliwal
30420 - 122nd PI. SE 945 N. Central, Ste. 104 12115 SE 304th St. '
Aubum WA 98092 Kent WA 98032 Aubum WA 98092
Mike & Debbie Pratum Seattle KC Health Dept. Greg Borba i
30510 -122nd PI. SE E. Dist. Erniron. Health DDES/LUSD '
Auburn WA 98092 14350 SE Eastgate Way MS OAK-DE-0100
Bellevue WA 98007
Trishah Bull Kim Claussen Nick Giilen
DDES/CPLN DDES/LUSD DDES/LUSD
Current Planning Section Current Planning Site Development Services
MS OAK-DE-0100 MS OAK-DE-0100 MS OAK-DE-0100
• ' ' ` , ( ' .
L03P0021-Dhaliwa} g
Kristen Langley Caroi Rogers Steve Townsend
DDES/LUSD DDES/LUSD DDES/LUSD
Land Use Traffic MS OAK-DE-0100 Land Use Inspections
MS OAK-DE-0100 MS OAK-DE-0100
Larry West Bruce Whittaker
DDES/LUSD DDES/LUSD
Geo Review Prel. Review Engineer
MS OAK-DE-0100 MS OAK-DE-0100 '
NOTICE OF RIGHT TO APPEAL
In order to appeal the decision of the Examiner, written notice of appeal must be filed with the Clerk of
the King County Council with a fee of $250.00 (check payable to King County Office of Finance) on or
before July S, 2004. If a notice of appeal is filed, the original and six (6) copies of a written appeal
statement specifying the basis for the appeal and argument in support of the appeal must be filecl with the
Clerk of the King County Council on or before July 12, 2004. Appeal statements may refer only to facts
contained in the hearing record; new facts may not be presented on appeal.
Filing requires actual delivery to the Office of the Clerk of the Council, Room 1025, King County
Courthouse, 516 3Td Avenue, Seattle, Washington 98104, prior to the close of business (4:30 p.m.) on the
date due. Prior mailing is not sufficient if actual receipt by the Clerk does not occur within the applicable
time period. The Examiner does not have authority to extend the time period unless the Office of the
Clerk is not open on the specified closing date, in which event delivery prior to the close of business on
the next business day is sufficient to meet the filing requirement.
If a written notice of appeal and filing fee are not filed within fourteen (14) calendar days of the date of
this report, or if a written appeal statement and argument are not filed within twenty-one (21) calendar
days of the date of this report, the decision of the hearing examiner contained herein shall be the final
decision of King County without the need for further action by the Council.
MINUTES OF THE NNE 17, 2004, PUBLIC HEARING ON DEPARTMENT OF DEVELOPMBNT
AND ENVIRONMENTAL SERVICES FILE NO. L03P0021.
Stafford L. Smith was the Hearing Examiner in this matter. Participating in the hearing were Trishah
Bull, Bruce Whittaker and Kristen Langley, representing t1ie.Department; and Terry Cramer, representing
the Applicant.
The following Exhibits were offered and entered into the record:
Exhibit No. 1 DDES file no. L03P0021
Exhibit No. 2 DDES preliminary report to the Hearing Examiner far June 17, 2004
Exhibit No. 3 Application received August 14, 2003
Exhibit No. 4 Environmental checklist dated August 14, 2003
Exhibit No. 5 SEPA Determination of Non-significance issued Apri129, 2004
Exhibit No. 6 Affidavit of posting indicating a posting date of October 24, 2003; received by DDES on
October 27, 2003
,
.
L03P0021-Dhaliwal 9
Exhibit No. 7 Preliminary plat map received January 28, 2004 (revised)
Exhibit No. 8 Land use maps (2), Kroll pages 721 W and 709W '
Exhibit No. 9 Assessor's maps -NW 9-21-5 and SW 4-21-5 Exhibit No. 10 Level-1 drainage analysis by Crarner NW received January 28, 2004 (revised)
Exhibit No. 11 Approved KCRS variance for file no. L03V0057,
Exhibit No. 12 Conceptual drainage plan by Cramer NW, received 7anuary 28, 2004 (revised).
Exhibit No. 13 Sight distance calculation, received October 3, 2003 _
Exhibit No. 14 Offsite drainage plan :
SLS:gao '
L03P0021 RPT '
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