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HomeMy WebLinkAbout11-20-2013 CITY OF � PLANNING COMMISSION gym. V.-BURN WASHINGTON November 20, 2012 MINUTES SUMMARY I. CALL TO ORDER Chair Judi Roland called the meeting to order at 7:01 p.m. in the Council Chambers located on the first floor of Auburn City Hall, 25 West Main Street, Auburn, WA. Commission Members present were: Chair Judi Roland, Vice Chair Kevin Chapman, Commissioner Baggett, Commissioner Copple, Commissioner Peace, Commissioner Trout, and Commissioner Ramey. Commissioner Mason is excused. Staff present included: Planning Manager Elizabeth Chamberlain, Principal Planner Jeff Dixon, City Attorney Dan Heid, and Planning and Development Secretary Tina Kriss. Members of the Audience Included: Rich Hill, Council for Applicant; Eli Berman, Agent for Applicant, Skyline Properties; Randy Smythe, and Kristi Byarlay. II. APPROVAL OF MINUTES A. November 7, 2012 Commissioner Peace moved and Commissioner Trout seconded to approve the minutes from the November 7, 2012 meeting. MOTION CARRIED UNANIMOUSLY. 7-0 III. PUBLIC COMMENT There were no public comments on any item not listed on the agenda for discussion or public hearing. IV. PLANNING DEPARTMENT REPORT Planning Manager Elizabeth Chamberlain stated the Permit Center has received 358 single family residential building permits for the year. Orion Industries, an aerospace manufacturing company, has submitted their grading permit and environmental review documents for the project on the property located west of the airport and north of the 15th Street Park & Ride. Orion Industries is currently located in Federal Way but plans to move their operations to Auburn. V. PUBLIC HEARING A. 2012 Comprehensive Plan Amendments File No. CPA12-0003 Principal Planner Jeff Dixon provided background information on Comprehensive Plan Amendment CPM#3, Map amendment to Map No. 14.1 — Locke Property to change the Comprehensive Plan designation from "Single Family Residential" to "High Density Residential", 1.88 acre parcel. The property address is 12130 SE 310th ST within NW quarter of Section 9, T 21 North, R5 East, W.M. Parcel #0921059132. Pagel PLANNING COMMISSION MEETING MINUTES November 20, 2012 Commission and staff reviewed and discussed the Comprehensive Map designations, zoning designations, and land uses of the surrounding properties. Chair Roland opened the public hearing on CPM#3, Map amendment to Map No. 14.1, File No. CPA12-0003 at 7:48 p.m. Rich Hill, Council for Applicant, 701 Fifth Avenue, Seattle Washington. Mr. Hill reviewed the request by the lockes to amend Comprehensive Plan designation from "Single Family Residential" to "High Density Residential" (approximately 1.88 acres). Eli Berman, agent for Applicant, Skyline Properties. Mr. Berman reviewed the property purchased by William and Amy Locke in 2005, the zoning for the property, and the Lockes' plans to develop the property. Randy Smythe, 12024 Southeast 310th Street, Auburn, Washington. Mr. Smythe stated he lives just a couple lots west of the property. He is concerned about the applicants request to change the designation and believes if it is approved it may send a message to others to apply for the same designation. If multiple changes are made to the designations to High Density Residential in the area it would increase the already congested traffic and change the community I moved to from single family residential. Kristi Byarlay, 12116 SE 310th Street, Auburn, Washington. Ms. Byarlay expressed her concern that if the change from Single Family Residential to High Density Residential is approved that others currently living in a single family residential zoned area may apply. Not only would that change the neighborhood to High-Density Residential it would also diminish the property values for those that purchased their single family residences. Ms. Byarlay also expressed her concerns that if the amendment were approved it would increase the volume of traffic and continue to increase the dangerous conditions of the road. With no other comments from the public, Chair Roland closed the public hearing at 8:54 p.m. on CPM#3, Map amendment to Map No. 14.1, File No. CPA12-0003. Commissioner Ramey moved and Commissioner Trout seconded to recommend a closed session to deliberate on recommendations for Comprehensive Plan Amendment CPM#3, Map amendment to Map No. 14.1. MOTION CARRIED UNANIMOUSLY. 7-0 The Commission went into closed session at 8:58 p.m. to deliberate on recommendations for CPM#3, Map amendment to Map No. 14.1, File No. CPA12- 0003. The Commission ended the closed session at 9:21 p.m. Commissioner Baggett moved and Commissioner Copple seconded to recommend denial of CPM#3, Map Amendment to Map No. 14.1, File No. CPA12-0003. Page 2 PLANNING COMMISSION MEETING MINUTES November 20, 2012 MOTION CARRIED UNANIMOUSLY. 6 — 1 VI. OTHER BUSINESS There were no other business items. VII. ADJOURNMENT There being no further business to come before the Planning Commission, Chair Roland adjourned the meeting at 9.24 p.m. Page 3 r� CITY OF AUBURN PLANNING CONIl�lI S S I ON MEET ING November 20 , 2012 Northwest Transcribers(425)497-9760, P. O. Box 12192, Mill Creek,Washington 96082-0192 _ T A B L E 0 F C 0 N T E N T S PAGE N0. � November 20, 2012 • CALL TO ORDER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 COMMISSIONER PEACE MOVES TO APPROVE MINUTES FROM NOVEMBER 7, 2012 COUNCIL MEETING . . . . ._ . . . . . . . . . . . . . . . 1 COMMISSIONER TROUT SECONDS THE MOTION . . . . . . . . . . . . . . . . . . . 1 MOTION CARRIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ._ . . . . ... . . . . . 1 ELIZABETH CHAMBERLAIN, PLANNING MANAGER, PRESENTS DIRECTOR' S REPORT . . . . . ._ ._ . . . . . . . . . . . . . . . . ... . . . . . . . . . 2 CITY ATTORNEY DAN HEID ADVISES COUNCIL OF HIS ROLE AT THIS MEETSNG . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 JEFF DIXON, PLANNING DEPARTMENT, PRESENT STAFF REPORT . . . 6 PUBLIC TESTIMONY: By Rich Hill, Counsel for Applicant . . . . . . . . . . . . . . . . . 35 By Eli Berman, Agent for Applicant . . . . . . . . . . . . . . . . . . 38 By Rich Hill, Counsel for Applicant . . . . . . . ...: . . . . . . . . 48 By Randy Smythe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 ByKristi Byarlay . . . . . ... ... . . . . . . . . . . . . . . . . . . . • • . . . . . 65 DISCUSSION . . . . . . . . . . . . . . . . . . . . . . . . . . • • • • • • . . . . . . . . . . . . . 71 CHAIR ROLAND CLOSES THE PUBLIC HEARING . . . . . ... . . . . . . . . . . 82 COMMISSIONER RAMEY MOVES TO DELIBERATE IN CLOSED SESSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 COMMISSIONER TROUT SECONDS THE MOTION . . . . . . . . . . . . . . _ . . . 63 MOTION CARRIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 CLOSED SESSION DELIBERATIONS . . . . . . . . . . . . . . . ._ . . . . . . . . . 84 CHAIR ROLAND CALLS THE MEETING BACK TO ORDER . . . . . . . . . . . 85 COMMISSIONER BAGGETT MOVES TO DENY COMPREHENSIVE PLAN AMENDMENT CPM #3, MAP AMENDMENT TO MAP NO,. 14 . 1 . . . . . 85 COMMISSIONER COPPLE SECONDS THE MOTION . . . . . . . . . . . . . . . . . SS MOTION CARRIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 QUESTION BY RICH HILL, COUNSEL FOR APPLICANT . . . . . . . . . . . 86 DISCUSSION • • • • • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 1 1 November 20, 2012, 7 : 01 p.m. 2 CHAIR ROLAND: Good evening. I'm going to call the 3 Planning Commission meeting of Tuesday, November 20th, to 4 order. The first item on our—I want to first mention that 5 Joan Mason is excused this evening, and we have everybody 6 else here. Welcome. Thank you for cominq. 7 The first item on our aqenda is approval of the minutes 8 from the November 7th meeting. Has everyone had' a chance to 9 look at those? Are there any corrections or addit-ion to 10 those minutes? 11 COMMISSIONER PEACE: I move that we approve the minutes . 12 CHAIR ROLAND: Okay. We ha�e a motion. I have a second? 13 COMMISSIONER TROUT: Second. 19 CHAIR ROLAND: Okay. Second. All those in favor, say aye. 15 [All respond "aye. "] 16 CHAIR ROLAND: Opposed? 17 [No response. ] 18 CHAIR ROLAND: Thank you. The minutes are approved .as 19 written. 20 The next item on our agenda is for public comment from 21 someone in the audience. And, at this time, it' s—if it' s 22 for an item that is not on the agenda this evening; if 23 you' re here to speak to something on the agenda, which will 24 come under our public hearing, then you can wait till then. 25 But, otherwise, is there anyone that wishes to speak? Northwest Transcribers (425) 497-9760/(425)337-5211 -fax 1 1 [No response. ] 2 CHAIR ROLAND: All right . Seeing none, we will move on to 3 the, public comment-the Planning Department report, sorry. 4 MS. CHAMBERLAIN: Thank you. Elizabeth Chamberlain, S Planning Manager. Just two things to update the Planning °I 6 Commission on. One is we' re at 358 single-family 7 residential building permits, new residential building 8 permits, for the year, so we' re still trending really 9 strong in our sinqle-family home development, which is 10 great to see. And, then also you may have seen recently in 11 the Auburn Reporter, but Orion Industries has submitted' 12 their application for review its grading permit and 13 environmental review for property that' s located �ust west 14 of the airport and north of the 15th Street park-and-ride. 15 There' s a land kind of negotiation that the City is 16 involved in between King County Metro, us, and Orion to 17 bring-for them to construct a new facility. And they would 18 move their operations from Federal Way here to Auburn. So, 19 that project has been submitted, and it' s in seview. So, 20 it' s another positive development project coming in to the 21 city. 22 CHAIR ROLAND: Is that going to be taking away any 23 parking of the lot? 24 MS. CHAMBERLAIN: It does take away some of tfie park-and- 25 rsde spaces, but there is surplus there based on-King Northwest Transcribers (425) 497-9760!(425) 337-5211 -fax 2 1 County Metro did some analysis of what they needed for that 2 particular park-and-ride. I don' t have the exact numbers 3 off the top of my head, but it does take away some, and 4 some of that parking goes for the Orion facility. 5 CHAIR ROLAND: Okay. 6 VICE-CHAIR GHAPMAN: Is that also the Pea Patch property? 7 MS. CHAMBERLAIN: Yes, it is. Yes. B CHAIR ROLAND: Okay. 9 MS. CHAMBERLAIN: Okay. Thank you. Any other questions I 10 can answer for the Commission or? 11 CHAIR ROLAND: Anything else going on around town? 12 MS. CHAMBERLAIN: Uh-uh. 13 COMMISSIONER COPPLE: Anything else that you can divulge T4 yet? 15 MS. CHAMBERLAIN: No. 16 COMMISSIONER COPPLE: I didn' t think so. 17 CHAIR ROLAND: ShuCkS. 18 MS. CHAMBERLAIN: Nothing yet . Okay. Thank you: 19 COMMISSIONER RAMEY:: I' ll ask a question. 20 MS. CHAMBERLAIN: Oh, sure. 21 COMMISSIONER RAMEY: What is it that Orion does? 22 MS. CHAMBERLAIN: They' re an aerospace manufacturer.. I 23 don' t know exactly what parts they do. But, they were-and 29 then they were also named, I believe, Boeing' s number one 25 supplier for this past year. So, in the aerospace industry. Northwest Transcribers(425)497-9760/(425) 337-5211 -fax 3 1 Okay. Thank you. 2 CHAIR ROLAND: All right. The fourth item on our agenda 3 is the public hearing this evening. And, this is a 9 Comprehensive Plan amendment, No. 3, for property up on the 5 East Hill. Jeff, do you want to go ahead and give us the 6 report? 7 MR. DIXON.:' Sure, thank you. This is Jeff Dixon, Planning 8 Department. And, I' d like to introduce and describe for you 9 the proposal this evening for a Comprehensive Plan map 10 amendment. And I have a little presentation in terms of a 11 PowerPoint to give you an overview of it in addition to the 12 information that' s in the Staff Report. 13 And before I get started with that, however, I' d like to 14 tell the Commission that we have our City Attorney, 15 Dan Heid, with us this evening to assist the Commission.. 16 And, Dan might want to say a few words . 17 MR. HEID: Good afternoon. I think most of you know me. 18 I'm Dan Heid, City Attorney here in town. And, my role here 19 is to act as your legal advisor. I am not making a 20 presentation; I'm not going to engage in any of the 21 discussion regarding the pros or cons of the proposal . But, 22 I am here to act as your legal advisor in connection wsth 23 the request that has been presented—or that is bei:ng 24 presented to you. 25 And, I should also mention something else, just in case Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 4 1 you hear these words or have heard these words. This is a 2 quasi-judicial matter; this is not a city-wide proposed 3 legislative change. Because it is involving such a small 4 piece of property, one particular piece of property, it is 5 quasi-judicial, which means it is more akin to a court-type 6 proceeding. And, so you will be acting as the judge, so to 7 speak, in the issues of deciding whether to grant the 8 request or to deny the request. And that implicates a 9 couple of different things that might not always be 10 involved in decisions you have to make. The quasi-judicial 11 matters are actually addressed in state law and treated a 12 little differently than the legislative matters. And, in 13 fact, one of the advantaqes of having to address a quasi- 19 judicial matter, and that is something that is a very 15 small, unique facet of the entire picture of the city being 16 affected or very few people being affected versus something 17 that is more comprehensive or more generalized in terms of 18 its effect. You have the opportunity to evaluate this like 19 a court does, which means you don' t have to necessarily 20 deliberate in public if you choose not to do so. There' s a 21 specific statute that exempts quasi-judicial matters from 22 ' the Open Public Meetings Act, and that is something that 23 you may want to consider or not . You don' t have to, but you ' 24 can if you want . 25 The factors that you have to use in making the decision Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 5 1 will probably be very well-addressed by both the pro and 2 con representers [sic] of this issue. But, if you have 3 questions that I can assist you or issues that you' d' like 4 to discuss with me, you can do so either in public or in a 5 closed session should that be your desire.. If you have 6 questions of ine at this point, I' d like to certainly want 7 to make sure I answer them. But, otherwise, I am here as 8 your legal counsel in this proceeding. 9 CHAIR ROLAND: Thank you, Dan. 10 MR. DIXON: I' d like to start off by giving a littTe bit 11 of the background on the City' s Comprehensive Plan. The 12 City has had a Comprehensive Plan since the '60s, and we 13 updated it in compliance with our Growth Management Act in T4 1995. And we've also updated our Comprehensive Plan 15 annually each year, and generally we' ve updated it each 16 year for smaller type of amendments.. It' s been for 17 housekeeping things in response to private applications the 18 City has received' such as map amendments or text 19 amendments, and also to keep current in terms of trends and 20 changes to the community, and to reflect that and make sure 21 our Comp Plan is up to date. 22 The Chapter 14 . 22 of the City' s code provides the 23 process for Comprehensive Plan amendments. It provides that 29 the City can initiate Comp Plan amendments or accept 25 private applications for Comp Plan amendments. And then Northwest Transcribers (425)497-9760/(425) 337-5211 -fax 6 1 those requests are reviewed by the Planning Commission 2 through a public hearing process_ The Planning Commis§ion 3 makes a recommendation to the City Council for final ' 4 action. And, then the City Council considers the Planning ' 5 Commission' s recommendation and makes the final decision oa 6 those requests. 7 We received three private map amendment applications 8 this year. The Commission' s already dealt with two of them, 9 and this is the third one. And, you' re aware of the 10 proceedings that we've had to date. The request this 11 evening identified as Comprehensive Plan Amendment 12-003 12 is a privately-initiated map amendment for the Locke 13 property. It' s an amendment to our City Comprehensive Plan L4 map, which is identified as Map 14 . 1, and it' s a request to 15 change the Comprehensive Plan designation from the cur-rent 16 desiqnation of single-family residential to high-density 17 residential for develop approximately 1. 8 [sic] -acre 'lot. 18 The property' s up on Lea Hill area, and that is the request 19 and the only request this evening. 20 This map is the same map that' s in your Staff Report and 21 attached to your package. It shows in the bright orange 22 color the subject piece of property. It has the current 23 yellow single-family residential designation, and the 24 request is to change it to the brown h3gh-density 25 residential Comp Plan designation. And the parcel numbers Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 7 1 referenced in the property is at 12130 Southeast 310th 2 Street. So, it' s northwest of the intersection of 309th and 3 124th. 4 This is just an expanded, a closer-up of, the property, 5 showing the current designation and the proposed way the 6 map would be changed if this request were approved. So, the 7 yellow designation denoting the single-family would be 8 changed to the brown, denoting the high-density 9 residential. And, that' s the request that the Applicants 10 have indicated by their application materials. 11 So, in your working binders there is a Staff Report that 12 describes this proposal and provides the Staff' s evaluation 13 and analysis of this proposal . It ss the first Staff Report 19 behind the tab of "Staff Reports and Presentations . " And 15 then also in your Comp Plan binder under "Map Amendments" 16 is the application materials that the Applicant had 17 submitted to initiate the application. So, behind the ��Map 18 Amendments" tab is their completed application form, their 19 narrative statement about why they' re seeking this request, 20 the maps they provided for that purpose. Also, there' s a 21 tab in there that' s labeled for "Environmental Review" that 22 contains the SEPA decision that was issued for this 23 property. And, it also contains behind that the one comment 29 letter we received in response to the issuance of that 25 Determination of Non-Significance for this property_ Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 8 1 There is also two things that were handed out this 2 evening. One is a memo from the Applicant' s attorney, ' 3 Rich Hill, providing some additional information for the 4 Commission' s consideration. And, then there is also a City 5 memo that was provided and handed out this evening also. 6 So, I want to make sure all the commissioners have copies 7 of those. 8 CHAIR ROLAND: Is the memo from the— 9 MR. DIXON: The City memo is from me. 10 CHAIR ROLAND: Right. And, is the other one the one we 11 got emailed yesterday— 12 MR. DIXON: Correct. 13 CHAIR ROLAND: —and also handed— 14 MR. DIXON: Correct. i 15 CHAIR ROLAND: —out today? Okay. 16 MR. DIXON: But, I just wanted to make sure in case— 1Z CHAIR ROLAND: Okay. 18 MR. DIXON: —folks hadn' t checked their email that— 79 CHAIR ROLAND: Okay. 20 MR. DIXON: —we have copies available for— 21 CHAIR ROLAND: So, they aren' t different. I didn' t want 22 to have to go through it and see if there were changes, so. 23 MR. DIXON: Correct. 24 CHAIR ROLAND: Okay. 25 MR. DIXON: They are not different . Northwes;Transcribers (425)497-9760/(425)337-52t1 -fax 9 1 CHAIR ROLAND: Okay. 2 MR. DIXON: So, I' d like a little opportunity to explain 3 the background of the City' s memo because the Commiss.ion' s 4 just getting that at this time. 5 CHAIR ROLAND: Right. 6 MR. DIXON: In reviewing th3s proposal and the land use 7 designations of the property and of the parcels in the 8 vicinity, it came to the City' s attention that there was a 9 scrivener' s error in the Comp Plan designations applicable 10 to not the subject property that the application is 11 requested for, but of adjacent properties dating back .from 12 2007 and Ordinance 6138 . In particular, we found that the 13 Comp Plan designations of high-density residential and 14 single-family residential had been reversed on either side 15 of the property that is the subject of the hearing this 16 evening. And it' s a little hard to see on this map, but 17 this map is actually the official exhibit that was attached 18 to that ordinance. And, I have some easier-to-see copies of 19 this, but I had a hard time photocopying this very large 20 image into-we don' t have a color copier big enough to do 21 this whole image. So, I' ve got it in pieces . And if you' d' 22 like to see that, I can. But, it shows that we reflected a 23 high-density residential designation to the west. to a 24 single-family developed property, and the single-family 25 designation to the east to a property that was already Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 10 1 developed multi-family. 2 CHAIR ROLAND: Okay. And that' s right kind of in the 3 center there? 4 MR. DIXON: Yeah. And— 5 CHAIR ROLAND: Okay. 6 MR. DIXON: —if you don' t mind, I can euen walk up and 7 show you kind of where it is. I apologize for kind of the 8 poor quality of the image that comes out of the screen 9 here. But, yeah, it is right here. 10 CHAIR ROLAND: Okay. 11 MR. DIXON: And we reflected that it had this `brown 12 designation for property to the west that contains a 13 single-family residence when it should have been a high- 14 density residential designation here on a property .that is 1'5 developed with multi-family. And then the subject property 16 that is the subject of the hearing this evening is the one 17 here in the center between those two. 18 CHAIR ROLAND: Okay. So, this has been out for the public 19 since 2007 . And that was just caught recently. 20 MR. DIXON: That is correct . 21 CHAIR ROLAND: Okay. 22 MR. DIXON: So, the City memo is to the City CTerks, 23 asking the City Clerk to make that correction based upon 24 the coming to our attention of that scrivener' s error. It 25 provides some background in terms of describing that it was Northwest Transcribers (425) 497-9760/(425)337-5211 -fax 11 1 part of the Comprehensive Plan amendments that were adopted, 2 in 2007 . Those Comprehensive Plan amendments were the 3 subject of considerable public outreach. The City had a 4 series of ineetings after the successful annexation vote, ' 5 but before the annexation became effective. And, had a 6 number of public meetings to solicit information about the 7 Gomprehensive Plan designations and specifically convened a 8 Lea Hill Citizens Advisory Committee. And the Council' s ' 9 intent with the Comp Plan designations was to designate as 10 high-density residential those properties that were 11 developed as multi-family and to reflect single-family on ' 12 other properties . So, the memo contains attached to it a 13 map showing how those designations would change 3n response 14 to that error. 15 I also want to make clear that the City Council' s 16 legislative intent was accurately captured on the zoning 17 map. The Comp Plan designations were reversed, 'bub the 18 zoning was not. And so, this .is the map that was the 19 official map adopted for the zoning changes by 20 Ordinance 6192, and this map-again, it' s a little .hard to 21 see in that location because of try3ng to take such a big 22 map and reduce st down for purposes of this presentation. 23 But, it shows that the property that is multi-family 24 developed located to the east does. have the multi-family or 25 R-20 zoning, and the property that' s single-family Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 12 1 developed to the west does have the R-5 residential zoning, 2 single-family residential zoning. 3 And, the information about this scrivener' s error is 4 important in context to the memo you received from the 5 Applicant about their position on the proposal or on the 6 application. If there was an error on the part of the 2007 7 mapping of the Comp Plan designations, the Proponent 8 asserts that an error was made on the designations 9 applicable to their own property in the memo that they've 10 provided. So- 11 CHAIR ROLAND: Say that again? Say what you just said 12 again? 13 MR. DIXON: I said that they' re asserting that the City 19 made an error in the Comp Plan mapping applicable to their 15 property- 16 CHAIR ROLANDe Right . 17 MR. DIXON: -whereas- 18 CHAIR ROLAND: Wouldn' t you say- 19 MR. DIXON: -we made an error instead on adj,acent 20 properties. 2T CHAIR ROLAND: Okay, okay. That' s the part that I- 22 MR. DIXON: And, this is the same map that is attached to 23 the back of that memo that .shows how the current-how the 24 map was adopted on the top image and shows how it should be 25 changed to be corrected on the bottom image. Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 13 1 And, just to kind of make this clearer, I did pull out 2 these images as a comparison. So, I brought a series of 3 images here to show you both a 2007 aerial photo with the 4 subject property outlined in red so you could see that it 5 contains a sinqle-family residence. The property to the 6 east of it—or one of the properties to the east of it has a 7 . multi-family development already. There is multi-family 8 development to the north of the subject property. To the 9 west of the subject property is two lots, each with a 10 single-family residence. So, that kind of describes the 11 adjacent land uses of this property. And for comparison, 12 this is the zoning designations for the property. You can 13 see that it does have a single family residential zoning, 19 R-5. The property to the west is also R-5. But, the 15 properties to the north and on a part of the site to the 16 east have the R-20 multi-family residential zoning 17 desiqnation. And then, in terms of Comp Plan designations, 18 you could see that they' re very a somewhat similar pattern, 19 but here is the designations that kind of show the error 20 that was made here for the designation of the property to 21 the west with that hiqh-density residential designation 22 should more appropriately be reflected on the east. 23 CHAIR ROLAND: What' s on the property to the east of the 24 property, the Locke property? 25 MR. DIXON: What' s on the property to the east? Northwest Transcribers (425) 497-9760!(425) 337-5211 -fax 14 1 CHAIR ROLAND: Yes. Is that—are there residents or—othei 2 than the one right next to it is a multi-family. What' s— 3 COMMISSIONER MALE 1: Beyond that? 4 CHAIR ROLAND: —beyond that over towards the green? 5 MR. DIXON: There is that very long linear parcel 6 oriented east/west that leads out to T24th. 7 CHAIR ROLAND: Yeah. But, the yellow; what' s on the 8 yellow between the Locke property and the next one is the 9 multi-family you said— 10 MR. DIXON: Yes. 11 CHAIR ROLAND: —already on it. 12 MR. DIXON: Yes. 13 CHAIR ROLAND: Then what' s beyond that between that and 14 the green? 15 MR. DIXON: They are single-family residences in that 16 area. 17 CHAIR ROLANDr Okay. Thank you. 18 MR. DIXON: Yeah, on the—there' s approximately, I think, 19 about five Lots there. 20 CHAIR ROLAND: Okay. 21 MR. DIXON: So., the proposed change is to go from single- 22 family residential to high-density residential. The 23 Applicant has indicated in their materials that the request 24 is sought for the purposes of flexibility for future 25 development. They do not have specific plans for any: Northwest Transcribers (425) 497-9760/(425)337-5211 -fax 15 1 development that—that' s what they' ve indicated in their 2 materials. The site is relatively flat. It contains an 3 existing single-family house. It has a driveway leading out 4 to Southeast 310th Street . It' s bordered to the south by 5 310th, which is designated a local residential street. That 6 street is improved to the east, where it leads to 124th. 7 But, there is—it' s not fully improved to the west. And a 8 matter of fact, it' s barricaded to the west so there would 9 be future improvements necessary to bring it up to full 10 city standards_ This property was annexed to the city in 11 2007; it became effective in 2008 by Ordinance 6121. 12 Aqain, the purpose of the City' s Comprehensive Plan is 13 to provide the policy guidance for land use decisions of 14 the City. And specifically that importance is reflected in 15 the City' s Code at 14 .22. 050, where it says that the zoning 16 land division and other development codes contained a 17 reference with the Auburn City Code shall be consistent 18 with and implement the intent of the Comprehensive Plan. 19 CHAIR ROLAND: And what was this property zoned when King 20 County had it before it came to Auburn? 21 MR. DIXON: It was zoned for multi-family in King County 22 before it was annexed. 23 CHAIR ROLAND: Okay. 29 MR_ DIXON: The City Code—so, in the City Code section 25 related to the criteria for Comp Plan amendments, it Northwest Transcribers (425)497-9760/(425) 337-5211 -fax 16 1 pro�ides that, "The Comprehensive Plan was developed and 2 adopted after signif3cant study and public participation. 3 The principles, goals, objectives, and policies contained ' 4 herein shall be granted substantial weight when considering 5 a proposed amendment. Therefore, the burden of proof for 6 justifying a proposed amendment rests with the Applicant 7 who must demonstrate if the request complies with and/or 8 relates to the following criteria_ " And, it goes on to 9 provide that there' s generally five decision criteria for 10 Comprehensive Plan amendments. There is a sixth one that 11 applies in the instances of map changes. So, the Staff 12 Report steps through each of these criteria and provide_s an 13 analysis and Staff evaluation, and repeats the appropriate 14 sections of the City' s Comprehensive Plan that relate to 15 this. And, for purposes of presentation this evensng, I' d 16 like to summary some of that information. 17 So, these are the five criteria, and I' d like to step 18 through briefly a summary of those criteria. 19 The first one is that the change must further and be 20 consistent with the goals .and objectives of the Plan and 21 ensure that the Plan remain internally consistent. The 22 Staff Report steps through a comparison of this proposal to 23 the description of the intended designation, of the high- 24 density residential Comp Plan designation. It provides that 25 the high-density residential designation should be applied Northwest Trenscribers (425)497-9760!(425) 337-5211 -fax 17 1 to those areas that are either now debeloped or are 2 reserved for multi-family development. The property is not 3 currently developed for multi-fam3ly residential, and there 4 has been no effort in the-and there' s no information in the. 5 Comprehensive Plan that indicates that this area' s reserved 6 for multi-family residential development. 7 The site and adjacent contiguous parcels are not at a 8 location that' s currently efficiently served with high- 9 capacity and high-quality public servicea and facilities . 10 Staff Report steps through that water/sewage/storm are 11 generally available in the vicinity, but also provides that 12 the road is not fully improved at the present time. It 13 would have to be improved both along the frontage of this 19 parcel and other parcels to fully be developed to City 15 standard. It's designated as a local residential street, 16 not typically the type that' s supposed to carry large 17 volumes of vehicle traffic. But, they d3d look at the 18 amount of development that could take place under this Comp 19 Plan designation and the amount of zoning, and determined 20 that it generally. doesn' t rise to the level that it would 21 necessitate a traffic impact analysis study. But, you also 22 have to look at kind of the cumulative impacts. If the case. 23 is being made for changing this designation of this parcel 24 and other parcels adjacent were granted the same type of 25 thing, what would be the impacts of that kind of cumulative Northwest Transcribers (425)497-9760/(425) 337-5211 -fax 18 1 change? So, it' s Staff' s position that the first criteria 2 is not met by this request. 3 The first criteria also was addressed by Chapter 3, Land 9 Use, of the City' s Comprehensive Plan, and specifically at 5 Pages 13-12 under the section, "Residential Development. " 6 The plan emphasizes the City should prioritize singTe- 7 family residential development over other forms of 8 residential development, and that residential land policies 9 will emphasize the creation and preservation of singTe- 10 family residential neighborhoods . So, the City' s 11 Comprehensive Plan does provide some policy guidance that 12 single-family residential and single-family development is 13 given a priority over multi-family, and specifically Land 14 Use Policy 19 found in Chapter 3. In applying the land use 15 designations to the Comprehensive Plan, first consideration S6 shall be designating an area for single-family residential 17 development. That is the designation this property already 18 has, but chanqing it to a different designation would not 19 be consistent with this guidance. 20 And, later on the City' s Comprehensive Plan in 21 Chapter 14, which is entitled "Comprehensive Plan Map, " the 22 City' s Comprehensive Plan has a discussion specifically of 23 this legal area that was prompted by the issues raised at 24 annexation. The City recognizes that the City had been 25 concerned for years about the rapid growth taking place Northwest Transcribers (428) 497-9760/(425) 337-5291 -fax 19 1 within the Lea Hill potential annexation area, and the 2 additional traffic congestion that was happening as a 3 result of the rapid growth of the area and specifically the 4 rapid growth of multi-family development. The Auburn City 5 Council envisioned retaining the predominantly single- 6 family residential character of the Lea Hill area and 7 sought to stem the trend of the rapid development of multi- 6 family and protect single-family areas within the Lea Hill 9 community. 10 So, for the reasons of the guidance provided in the 11 Comprehensive Plan it is the Staff' s analysis that the T2 proposal does not meet that first criteria. I' d like to 13 step through some of the other criteria. 14 The second is whether capacity to provide adequate 15 services is diminished or increased in a negative way. As I 16 mentioned earlier, in the review of the proposal there was 17 generally sufficient utilities, water, sewer, and storm in 18 the adjacent roadway that could serve the planned 19 development. There was noted that there was a deficiency in 20 a nearby intersection of 124th and 304th in a.m. peak hour, 21 but that there is a planned improvement for that 22 intersection contemplated for 2016 that would rectify that 23 problem by a project the City already has planned. 24 The third criteria is that the assumptions upon which 25 the Comprehensive Plan are based are found to be invalid.. Northwest Transcribers (425) 497-9760%(425).337-5211 -fax 20 1 And, Staff could not find any reason for the assumptions of 2 the Comprehensive Plan to be invalid that would support 3 this proposal. And, ' there weren' t any offered by the 4 Applicant as well. So, it's Staff' s assertion that the 5 criteria is not being met in this case. 6 The fourth criteria is that there is a change or lack of 7 change in the conditions or circumstances which has 8 occurred since the adoption of the latest amendment to the 9 Plan that drives . the need or dictates the need for the 10 proposed amendment. Again, Staff did not f-ind that there 11 had been any change or lack of change that generates the 12 need for the requested map amendment. The City continues to 13 promote single-family residential development and to seek 14 the infrastructures provided concurrently with that 15 deuelopment and to ensure that single-family residential 16 charactei of the Lea Hill area is maintained. So, again, . 17 Staff was finding that this criteria is not met.. 1B' The fifth criteria is, if applicable, that the change 19 maintains the consistency with the Growth Management Act 2-0 and regional guidance like the Vision 2020 and other 21 comprehensive county-wide planning policies. Oftentimes 22 those polices are such a broad scope that they don' t 23 influence decisions on a parcel-specific basis, and that' s 29 kind of the circumstance here, that while the project was 2'S not inconsistent with any of those plans, it' s a different Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 21 1 level of detail or different level of scale, so they really 2 didn' t come into play. 3 The sixth criteria that' s addressed in your Staff Report 4 is one that' s applicable only to map amendments_ And, it 5 requires that it meet one of three circumstances, and one 6 of those circumstances is that the change has to be similar 7 or compatible with a designation of an adjacent property. 8 And in this case, since there is properties adjacent that 9 at the time of the annexation were already developed for ' 10 multi-family and were assigned a high-density residential 11 designation, there is properties adjacent with the same 12 designation being requested pursuant to the application 13 this evening. 14 So, on the basis of the findings of the Staff Report and 15 the analysis provided, the Staff is recommendsng that the 16 Planning Commission recommend to the City Council denial of 17 this proposal. I' ve kind of gone through the substantial 18 analysis quickly. And, if there' s any questions the 19 Commission has, I' d be happy to answer any of those. ,And, I 20 have some additional-if the graphics on the screen are not 21 clear, I' ve got some of those same boards available in a 22 hard copy for closer inspection if that would help the 23 Commission. 24 CHAIR ROLAND: I have a question. In the initial 25 paperwork that we were given a few days ago, on Page 4 of Northwest Transcribers (425) 497-9760!(425) 337-5211 -fax 2 2 1 15 under the Staff analysis, there is a chart set out, and 2 it- 3 MR. DIXON: Yes. 4 CHAIR ROLAND: -talks about the properties-the site 5 property and northeast and so on and so forth. Because' 6 you've corrected this on bhis memo that we were handed 7 tonight, how does that affect this chart? And, I see on a 8 couple of them, one of them it talks about single-family 9 and multi-family being under an R-5 to the east. 10 MR. DIXON: Right. 11 CHAIR ROLAND: So, can you please clarify that? And, use 12 the new-the corrected. 13 MR. DIXON: Okay. I don't know if that' s going to be most 14 helpful to try and point, or just to talk. This table in I5 the Staff Report is a summary of the Comprehensive Plan T6 designation, the zoning classification, and the existing 17 development on the properties of this site and the adjacent 18 properties. This does not take into account the scrivener' s 19 error and the need for the change because it was based upon 20 exactly the map as it had been approved. 21 CHAIR ROLAND: Uh-huh. 22. MR. DIXON: So, the changes reflected in that memo are 23 not reflected in this table. 24 CHAIR ROliAND: Okay. But, if you look at east- 25 MR. DIXON: Okay. Northwest Transcribers (425)497-9760/(425) 337-5211 -fax 2 3 1 CHAIR ROLAND: If we look at east and we look at the 2 corrected one, then it is not single-family; it' s multi- 3 family.. 9 MR. DIXON: Right . And that' s what- 5 GHAIR ROLAND: Is that correct? 6 MR. DIXON: Yes, that' s accurate because the Staff Report 7 is not-did not anticipate- 8 CHAIR ROLAND: Right. 9 MR. DIXON: -the need for this scrivener' s error. 10 CHAIR ROLAND: Right. So, when it states over here in the 11 existing land use and it says "single-family" and "multi- 12 family, " it is just multi-family then; is that correct? 13 MR. DIXON: Can you tell me which column- 14 CHAIR ROLAND: I' m still on the east, on the last one. 15 Unless you' re looking at the other-are you counting the 16 other five lots then also under that? 17 MR. DIXON.: Yes, yes, it is . 18 CHAIR ROLAND: So, okay. So, it is single-family- 19 MR. DIXON: Right. So, in terms of- 20 CHAIR ROLAND: -on- 21 MR. DIXON: -east of the Locke property, which is the 22 subject of the request this evening, immediately to the 23 east is a multi-family development w3thin the southern 24 part. There is a lonq narrow piece in the northern par,t 25 . that still has a sinqle-family residential designation. Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 2 4 1 CHAIR ROLAND: Okay. 2 MR. DIXON: And, then the properties beyond that closer 3 to 124th are single-family residential. 4' CHAIR ROLAND: Okay. Okay. 5 COMMISSIONER PEACE: And maybe I misheard your question, ' 6 � but if you' re talking about existing land use, existing 7 land use is what the existing land use is. That-it is what 8 it is. 9 CHAIR ROLAND: Right. 10 COMMISSIONER PEACE: So, that-it would only be the 11 Comprehensive Plan designation that would change based on 12 this map. 13 CHAIR ROLAND: Right. 14 MR. DIXON: Correct. 15 CHAIR ROLAND: Right. I just wanted to be sure that- 16 COMMISSIONER PEACE: Yeah. 17 CHAIR ROLAND: -that I understood that correctly. So, 18 single-family is R-5; that means five residences can be put 19 on an acre. 20 MR. DIXON: Correct. The R-5 designation is the zoning. 21 category for five dwelling units per acre qenerally. 22 CHAIR ROLAND: Okay. And, the 20 is 20 per acre. 23 MR. DIXON: Yes. 24 CHAIR ROLAND: Yes _ Did' you have a question? 25 VICE-CHAIR CHAPMAN: Yeah, I had a quest3on. So, the Northwest T�anscribers (425) 497-9760/(425)337-5211 -fax 25 1 property to the east then, it has a multi-family 2 development on it. And my question was, how many units per 3 acre ase on that property? 4 MR. DIXON: I don' t know the total number of units 5 developed on that piece of property. 6 CHAIR ROLAND: Maybe when the— 7 MR. HILL?: The Applicant has that information— 8 CHAIR ROLAND: Okay. 9 VICE-CHAIR CHAPMAN: Okay. 10 MR. HILL?: —and can respond to that. 11 CHAIR ROLAND: Okay. When—we' ll find out shortly. � 12 Okay. Is there any other questions of Staff. 13 COMMISSIONER PEACE: Yeah, I had a question. 14 CHAIR ROLAND: Okay. 15 COMMISSIONER PEACE: So, to correct the error, is [sic] 16 that go through another Comprehensive Plan amendment 17 process? 18 MR. DIXON: No. We have consulted with our legal 19 department, and they' ve advised that we would not need to 20 address it through the Comprehensive Plan amendment 21 process, but it would need to be addressed in terms of 22 recordkeeping on the permanent record by the City Clerk' s 23 Office. 24 COMMISSIONER PEACE: Help me understand. So, does that 25 mean, you know, you've identified an error, and that was Northwest Transcribers (425) 497-9760/(425)337-5211 -fax 2 6 1 probably within the last couple days, I imagine, correct? 2 Or we— 3 CHAIR ROLAND: Recently. 4 COMMISSIONER PEACE; Recently. 5 MR. DIXON: Recently, yes. 6 COMMISSIONER PEACE: Okay. So, when does the change 7 happen? Does it happen automatically because you realized 8 it was an error, or is there a process that the City Clerk 9 has to get involved in that would change the map itself, or 10 maybe this is too detailed, but— 11 CHAIR ROLAND: No. 12 MR. HEID: Once-and, again, I'm going to jump in here 13 just to help out a little bit. In connection with the 14 scrivener' s error and when it was identified as an error, 75 fhat meant that the Planning Department had to come back—go 16 back and look at all the factors that were used and 17 employed in identifying the particular Comprehensi�e Plan 18 mapping designations. When it was discovered' that this was 19 an error, including looking at all those, the error was 20 corrected once it was identified as an error. It doesn' t 21 require any need to go back to the City Council or to the 22 Planning Commission to correct an error so long as it can 23 be determined that it was, in fact, an error. 29 COMMISSIONER PEACE: So, bottom line is it' s corrected 25 today. Northwest Transcnbers (425)497-9760/(425) 337-5211 -fax 2 7 1 MR. HEID: Actually, it' s corrected as soon as it' s 2 identified, and the Clerk- 3 COMMISSIONER PEACE: Okay. 4 MR. HEID: -now has the responsibility of making sure 5 that it' s implemented in terms of the new mapping printing. 6 COMMISSIONER PEACE: Okay. Thank you. 7 CHAIR ROLAND: Go ahead. 8 VICE-CHAIR CHAPMAN: I have a question. There' s a 9 development that' s west of the subject property, and it' s 10 on the south side of Southeast 310th. There' s a cul-de-sac. 11 with a number of properties in that area. I was just 12 wondering what single-family residential designation those 13 properties have. 14 CHAPR ROLAND: That' s on Page 5 of the 15 that we 15 originally were given. We' ve got so many sets of bhings 16 here, it' s kind of-it' s the page right after the chart that 17 we were just looking at. 18 MR. DIXON: Okay. You were saying that south of the 19 property and south of 310- 20 VICE-CHAIR CHAPMAN: West of the property- 21 MR. DIXON: Okay. 22 VICE-CHAIR CHAPMAN: -south of 310 there' s a development 23 that has, I don' t know, 20, 25 properties- 24 MR. DIXON: Right. 25 VICE-CHAIR CHAPMAN: -in the development. I was just Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 2 8 1 wondering what designation those properties would be 2 assigned. Because of the size of the parcels- 3 MR. DIXON: Uh-huh. 4 VICE-CHAIR CHAPMAN: -I was just wondering-I mean, those 5 are smaller than five units per acre. 6 MR. DIXON: Right,., 7 VICE-CHAIR CHAPMAN: I was wondering if they were seven 8 units per acre-`cause they are in the yellow designation 9 single-family. 10 MR. DIXON: Right. 11 VICE-CHAIR CHAPMAN: I was just wondering the size of the 12 parcels in that development and how that would relate to 13 five units per acre. 14 MR. DIXON: Yeah. Because the County had different zoning 15 designations, and some of these properties were deveIoped 16 under County standards before they came into the city, some, 17 of the, you know, lot size minimums were not exactly the 18 same as the City standards for. lot size minimums for the 19 subdivisions. I don' t know the size of the lots in that 20 particular subdivision, which I belieue you' re referring to 21 as that kind of right-handed cul-de-sac that comes off of 22 Southeast 310? But, yeah, that may have lot sizes that are 23 smaller than the City's R-5 designation, but that was bhe 24 closest designation that made sense in the City' s 25 classification in the City' s hierarchy of zoning Northwest Transcribers(425) 497-9Z60/(425) 337-5211 -fax 2 9 1 classifications applicable to the property. But, 'it may be 2 developed to a standard that they have smaller lot sizes 3 than could have been allowed if they were developed 4 consistent with the City' s R-S standards. 5 CHAIR ROLAND: And, when you say ��they, " you mean King 6 County. 7 MR. DIXON: Or the property owner. 8 CHAIR ROLAND: Oh. 9 MR. DIXON: They—they were developed to a County standard 10 that may be— 11 CHAIR ROLAND: Right, right. 12 MR. DIXON: —not exactly the same as the City' s— 13 CHAIR ROLAND: Right, right. That' s what I meant. 14 MR. DIXON: —designation. 15 CHAIR ROLAND: The King County standard: 16 MR. DIXON: Right. 17 CHAIR ROLAND: Yeah. I think maybe this is—Dan, you might 16 have to answer this . I'm wondering why the-not why the 19 error—the error was found. I'm wondering why the people 20 that are in the area shouldn't be notified of this by some 21 sort of a .mailinq or a notice posted or something that 22 there' s been an error for seven years or whatever on the 23 map. And, because other people around there may want to do 24 something with their property, and if they think that that 25 was, you know— Northwest Transcribers (425) 497-9760!(425) 337-5211 -fax 3 0 1 MR. HEID: Well, it .certainly could happen. If you' re 2 asking me whether that is legally required, it is not. And, 3 if it' s something that could be done easily, it might not 9 be a bad idea to do it. 5 CHAIR ROLAND: Uh-huh. 6 MR. HEID: But, if your question is, is this .legally 7 required- 8 CHAIR ROLAND: Yeah. 9 MR. HEID: -no, it is not. 10 CHAIR ROLAND: Okay. 11 MR. HEID: And, the only thing I can say is, again, when 12 the question of whether it was an error to start with was 13 being addressed, the City had to come up with those reasons 19 that show that it was an error rather than just a change of 15 direction at this point. And, so it wouldn' t have made any 16 difference perhaps. It would have perhaps come to light 17 sooner had somebody focused attention to it . But,. it 18 wouldn' t have changed anything once it was recognized as an 19 error. 20 CHAIR ROLAND: Uh-huh. Well, you know, I was just 21 thinking that to the west, if that has been designated all 22 along that that was-that could be multi-family, and then to 23 the east is already multi-family because it' s built upon- 24 MR. HEID: Well, and- 25 CHAIR ROLAND: -you know, it seems like- Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 31 1 MR. HEID: It would— 2 CHAIR ROLAND: —it might be kind of mixed up for the 3 neighborhood. 4 MR. HEID: It wouldn' t be a bad idea to communicate that. 5 But, the zoning did have it correct, and that inconsistency 6 is probably one of the factors that points to the fact that 7 it was an error for the zoning to be one and the Comp Plan 8 to be another, which were essentially plugged into the 9 City' s system at the same time. Again, it was—the question 10 of whether it was an error was addressed independently of 11 whether or not this project should go one way or the other. 12 And, it was looked at in terms of what factors went into 13 the decision-making and what factors would have contributed 14 to the ultimate layout of the mapping. 15 CHAIR ROLAND: Uh-huh. 16 MR. HEID: And, personally, I don't know that it' s 17 something that we need to worry about if it' s; in fact, 18 shown to be an error. And that doesn' t mean it' s not a bad 19 idea to— 20 CHAIR ROLAND: Uh-huh. Well, what if the— 21 MR. HEID: —identify that. 22 CHAIR ROLAND: —zoning is in error and the R-5 is 23 correct, or the R-20? 24 MR. HEID: Except it wasn' t. It could have been the other 25 way around, too. Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 32 1 CHAIR ROLAND: Yeah. 2 MR. HEID: But, looking at the factors that were plugged 3 in to identify those things, it clearly showed that one 9 piece of property is single-family and the other one is 5 multiple-family, and clearly the purposes of the 6 Comprehensive Plan would have been accomplished more 7 correctly were the zoning and the Comprehensive Plan 8 consistent—were the Comprehensive Plan consistent with what 9 the zoning map shows . And that actually was one of the big 10 factors that points to the fact that it was a scrivener' s 11 error. 12 CHAIR ROLAND: Thank you. I3 MR. HEID: Thank you. 19 CHAIR ROLAND: Okay. Jeff, go ahead. 15 MR. DIXON: I don' t think there' s anything more, but I'm 16 happy [sic] to answer questions— 17 CHAIR ROLAND: Okay. Okay. 18 MR. DIXON: —the Commission has. 19 CHAIR ROLAND: Any further questions of Staff before I 20 open the public hearing? 21 [No response. ] 22 CHAIR ROLAND: All right. I am going to open the public 23 hearing on this Comprehensive Plan map amendment, 24 Fi1e 12-0003. And, I see we have a couple of people up here 25 at the front table already. Would you please identify Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 3 3 1 yourself for us and give us your thoughts on this. 2 MR. HILL: Okay. Commissioner Roland, my name is 3 Rich Hill. I'm counsel for the Applicant. Address, 701 9 Fifth Avenue in Seattle. 5 CHAIR ROLAND: Uh-huh. 6 MR. BERMAN: My name is Eli Berman. I'm a personal real 7 estate broker with Skyline Properties, agent for the 8 Applicant who submitted the application. 9 CHAIR ROLAND: Okay. And, tell me your name again? l ' 10 MR. BERMAN: Eli- 11 CHAIR ROLAND: Eli. 12 MR. BERMAN: -Berman. 13 CHAIR ROLAND: Herman? 14 MR. BERMAN: Berman, B- 15 CHAIR ROLAND: Berman. 16 MR. BERMAN: -as in boy- 17 CFiAIR ROLAND: Okay. 18 MR. BERMAN: -E-R-M-A-N. 19 CHAIR ROLAND: Okay. I always like to write them down so 20 that I have- 21 MR. BERMAN: Sure, thank you. 22 CHAIR ROLAND: All right. Go ahead. 23 MR. HILL: Okay. 24 CHAIR ROLAND: Rich, are you speaking first? 25 MR. HILL: I'm going to kind' of set the stage, turn it Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 39 1 over to Mr. Berman, and then I' ll address the criteria 2 under the ordinance for a Comprehensive Plan map amendment. 3 ' CHAIR ROLAND: Okay. Okay. 4 MR. HILL: Before I get started, Commissioners, let me 5 just say I'm scratching my head a little bit about the 6 scrivener' s error. Tonight is the first time we've heard 7 about the scrivener' s error. As I'm sure you noticed in the 8 memorandum I submitted, the memorandum discussed the fact 9 that the parcel to the west was identified on the 10 Comprehensive Plan map as multi-family residential. It has 11 been since 2007, apparently. It apparently was that map 12 that had that parcel designated multi-family residentia_1 13 was the map attached to the ordinance that was adopted by 14 the Council adopting the Comprehensive Plan and the 15 Comprehensive Plan map: So, I'm scratching my head a littTe 16 bit about how a memo from a planner, although I know T7 Mr. Dixon is in good faith, but how a memo from a planner 18 to a City Clerk can change a Comprehensive Plan map that 19 was adopted by the City Council and has been the official 20 map for five years. 21 So, I do—from my experience in other jurisdictions, 22 whether—and I have no reasons to doubt Mr. Heid' s legal 23 analysis, but my experience in other jurisdictions is when 29 there is a scrivener error like that, what happens is that 25 an ordinance is proposed to the City Council to correct the Northwest Trans ' - - I cnYers (425) 497 97G�/(425) 337-5211 fax 35 1 map; it isn' t something that' s just done by a planner 2 sending a memo to the City Council. In particular, as 3 Commissioner Roland pointed out, this is a map that has 9 been relied on and understood by the community for five 5 years . So, it seems a little abrupt, especialiy since we' re 6 at a hearing right now tonight on an application where this 7 is a fairly significant fact to all of a sudden have a 8 planner write a memo to the Council changing the map. 9 But, with that introduction, I'm just going to leave 10 that with the Planning Commission, and the Planning. 11 . Commission can certainly deal with that with Staff as the 12 Planning Commission deems appropriate. But, I would suggest 13 that the Planning Commission at least consider suggestinq 14 to Staff that it be a matter addressed to the City Council. 15 Because, what we have here is Staff apparently just 16 concluding from reviewing the record that what the 17 legislative intent was five years ago of a council about 18 where the map should' be, there' s no citation to the 19 legislative record, there' s no cstatson to any policies . 20 So, I'm just scratching my head about it. So, with that, I 21 appreciate your patience in considerinq those thoughts. 22 What-we are here tonight with respect to the request to 23 re-designate a single-family designated parcel under the 24 City's Comprehensive Plan to hiqh-density residential. The 25 reason why is that this single-family designated parcel is Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 36 1 wedged between three already developed multi-family parcels 2 in an area that was designated on the Comprehensive Plan 3 generally that node around 312th and 124th for multi- 9 family, high-density, light commercial deveTopment. The 5 City' s Comprehensive Plan-and we' ll go through it in a few 6 moments. The City' s Comprehensive Plan identifies areas for 7 high-density residential development as being appropriate $ in areas of existing high-residential density development. 9 That' s what the situation is here. The City' s Comprehensive 10 Plan specifically identifies that single-family deuelopment 11 is appropriate in aieas of single-family development. 12 That' s not what we have here. Accordinqly, as just as an 13 introductory matter, we heard to the Council that the 19 Commission consider recommending approval of this request. 15 As I mentioned, in our presentation tonight we' re going 16 to do two things. First, Mr. Berman will describe the 17 property and its vicinity, the uses, the transportation 18 infrastructure, the availability of open space and 19 amenities. When Mr. Berman is done, then I will review the 20 applicable criteria for a Comprehensive Plan map change, 21 explain how Mr. Locke' s request meets each of those. 22 criteria. At any time we' re obviously available for 23 questions. 24 I think Mr. Chapman had a question that we were ready to 25 answer relating to the density of one of the adjacent Northwest Transcribers (425) 497-9760/(425)337-5211 -fax 37 1 developments. And maybe Mr. Berman could just start off 2 with that. 3 MR. BERMAN:: Yeah_ So, directly to the east of the 4 subject property is a second phased Pasa Fino Apartments.. 5 It was originally developed to the south of. the property. 6 And, they added a second phase a few years ago, adding 7 another 19 units . So, there' s currently 19 units to the 8 east of the subject. Okay? 9 All right. Well, thank you, Rich. And, good evening. I 10 appreciate your consideration with this_ As I said before, 11 my name is Eli Berman; I'm a commercial broker with Skyline 12 Properties. And I am representing on behalf of the 13 Applicant, William and Amy Locke. Mr. Locke is a xetired 19 contractor who lives in Bellevue. His daughter just 15 graduated from Seattle University. And, he purchased the 16 subject property in 2005. He purchased it as a part of his 17 retirement planning. At that time, it was a part of 18 unincorporated King County, and it was zoned high-density 19 residential. The zoning consisted of two densities. About 20 the southern third of it was designated R-12, and the upper 21 two-thirds, northern two-thirds, of the property was 22 designated R-18 . But, then in 2008 when this property was 23 annexed into the city, it was designated as .single-family 24 residential . 2'5 When we look at the property, as Rich touched on, and Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 38 1 look at the Comprehensive Plan, the property to the west is 2 high-density residential, the property to the north is 3 high-density resident3al. There is currently zoning of R-20 4 to the east, and a development, as I just mentioned, of the 5 Pasa Fino Apartments. And, the properties to the south are 6 also high-density residential. So, when he originally 7 looked at the property and assessed what the basis was for 8 a Zone Plan amendment, and the basis was put in the 9 application, we thought it was clear that the property TO should have been designated as high-density residential, 11 and it was not designated as high-density residential 12 simply as a mistake, as an error. 13 So, to further discuss the surrounding neighborhood and 14 get a better sense of the property, if you could please 15 look at the photos we included for you. So, starting on the 16 first page, there is a picture of the second phase of Pasa 17 Fino Apartments. It' s directly east of the subject, and 18 it's zoned R-20. It was developed with 19 apartment units . 19 Now, the second picture there is a picture of the 20 property directly to the west of the subject . According to 21 the comprehensive map at the time of our application and up 22 to the point of this hearing, our understanding was—and I 23 would contend that I continue to believe that the 29 Comprehensive Plan is high-density residential for R-20. 25 CHAIR ROLAND: And that is a single-family home on that Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 3 9 1 currently. 2 MR. BERMAN: And, that' s a single-family home on that 3 currently, yes . 9 CHAIR ROLAND: Okay. Thank you. 5 MR. BERMAN: Now, across 310th Street to the southeast, 6 that is a picture of further high-density according to the 7 Comprehensive Plan, and it' s improved by VilTage Square, 8 which is a 94-unit condominium/townhome project. And the 9 picture below that is to the south across 310th Street, and 10 that is the original phase of Pasa Fino Apartments, which 11 was a 147-unit project_. 12 MR. HILL: So, Mr. Berman, together the two phases are 13 how many units? 14 MR. BERMAN: So, together the two phases are 166 units. 15 Now, the subject property which has been referenced to the 16 north-or, excuse me, the property to the north of . the 17 subject, which we reference as hiqh-density residential 18 according to the Comprehensive Plan map, is called Cedar 19 Ridge Apartments . And, you can see in the Comprehensive. 20 Plan that' s all designated high-density residential. It' s 21 accessed off of 124th. It abuts the subject directly to the 22 north. And that is another 48 units of apartment complex. 23 Now, if you continue to look in these pictures, the next 24 page, part of the Pasa Fino Apartments, the picture at the 25 top of the page, is a private park as a part of the NoRhwest Transcribers (425) 497-9760/(425)337-5211 -fax 4 0 I 1 apartment complex. It provides some additional open space 2 to the area. And, then the rest of these pictures gives a 3 better layout and understanding of access, visibility of 4 the property, and ability to absorb increased capacity of 5 traffic. So, this picture on the bottom of the page is 6 facing east down Southeast 310th Street from the subject 7 towards 124th Avenue. And you' ll notice that there is a 60- 8 foot right-of-way. That right-of-way is improved with two 9 lanes of traffic. Each side is improved with curbs, 10 gutters, and sidewalks. And I verified this informat3on 11 just today with Amber Mudd [sic] , who is in the Public 12 Works Department, and she confirmed that Southeast 310th 13 Street has 60-foot of right-of-way leading up to the 14 subject property and past the subject property farther east 15 along Southeast 310th Street. 16 VICE-CHAIR CHAPMAN: Question for you. 17 MR. BERMAN: Sure. 18 VICE-CHAIR CHAPMAN: Quickly. I'm looking at the bottom 19 picture. It says "facing east down 310th. " 20 MR. BERMAN: Uh-huh. 21 UICE-CHAIR CHAPMAN: So, is this from the corner of the 22 subject property looking, like, where that walkway is and 23 the next driveway? Is that on the property where there' s 29 the 19 units, or is that actually the subject property 25 there? Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 41 1 MR. BERMAN: It' s at the eastern boundary of the subject 2 property. 3 VICE-CHAIR CHAPMAN: Okay. So, you' re looking-so, that 9 driveway might be going into those 19-unit apartments; is 5 that right? 6 MR. BERMAN: So, at the very front edge of the picture 7 you' ll see that yellow- 8 VICE-CHAIR CHAPMAN: Yeah. 9 MR. BERMAN: -curb. That' s the edge of the subject 10 property. And then if you look kind of towards the middle 11 of the picture on the left side there, that is the 12 driveway, the point of access, for the 19 units. 13 VICE-CHAIR CHAPMAN: Okay. Right. Thank you. 14 MR. BERMAN: Uh-huh. Then, following on the next page, 15 farther along-farther east towards 124th, you' ll see that 16 the 60-foot right-of-way continues . There is a gravel 17 shoulder Jeff Dixon referenced earlier in his testimony 18 that the [inaudible] property towards 124th is all single- 19 family. The zoning is designated as single-family. There is 20 one single-family home to the east of the Pasa Fino 21 Apartments. However, those three additional lots farther to 22 the east, two on their side and the one' s vertical up and 23 down, is simply vacant land; it' a unimproved. While it is 24' designated as single-family now, it is situated on two busy 25 roads. And based on my experience as a broker and how land Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 4 2 1 use comes together, I contend that it' s not likely that 2 someone' s going to develop single-family use for those 3 properties because they are situated on the corner of two 4 busy streets . That' s just a side note as a point of 5 reference that is contending with what the whole 6 neighborhood and the layout of the neighborhood is in the 7 Comprehensive Plan. 8 . So, then you can see the bottom of that page, that is a 9 picture of the property to the east of the Pasa Fino 10 Apartments, the remaining single-family home. 11 CHAIR ROLAND: So, are you saying the only sinqle-family 12 home .between the property, the Locke property, and 124th, 13 there' s only one single-family home there? 14 MR. BERMAN: Correct. 15 MR. HILL: You need to speak into the microphone.. 16 MR. BERMAN: Correct, yeah, there' s only one single- 17 family home to the east between the subject property and 18 124th. 19 CHAIR ROLAND: And- 20 MR. BERMAN: Directly adjacent to it is the high-density 21 residential, the Pasa Fino Apartments, and the property one 22 over to the east of that is a single-family home. 23 CHAIR ROLAND: Do you happen to know if they' re ail owned 24. by the same person or are all- 25 MR. BERMAN: I can' t say for- Northwest Transcribers (425) 497-9760/(425) 337-5211'-fax 9 3 1 CHAIR ROLAND: -of those individually owned? 2 MR. BERMAN: I can' t tell you for certain, but if I 3 recollect correctly, they are not owned by the same 9 individual. 5 CHAIR ROLAND: Okay. Thank you. 6 MR. BERMAN: So, continuing along on the next page, this 7 top picture is in front of the subject property, facing 8 east down 310th Street . As referenced before, you can see 9 that there is a barricade which shows that the right-of-way 10 goes from 60 feet to 30 feet. However, there is a gravel 11 shoulder there. And then if you look towards the bottom of 12 the picture, there is a grill there for a storm water 13 detention vault. While it is true that any kind of high- 14 density residential development of the subject property 15 would require an increased right-of-way, it' s always been 16 my experience that that has done so as part of development 17 of the property. So, I would contend that having the 18 barricade there and the right-of-way narrowing from 30 19 feet-from 60 feet to 30 feet would be normal in this 20 situation. It would obviously be addressed as part of the 21 planning when actual plans were put forward to develop the 22 property. 23 The picture at the bottom of that page is now facing 24 west along 310th Street. It' s right at the beginning of the 25 property, so you can see where that sidewalk improvement Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 4 4 1 ends, and you can see better the barricade from the other. 2 perspective. 3 The photos on the next two pages gives some additional 4 perspective. I' d also like to add that there' s current fire 5 hydrant improvements on 310th Street abutting the subject 6 property. And you can see on the bottom of the page a 7 perspective from across the street towards the property. 8 MR. HILL: Mr. Berman; on the south side of 310th -across 9 from the property, are there curb, gutter, and sidewalk? 10 MR. BERMAN: Yes . So, on the south side across from the 11 property there' s curb, gutter, and sidewalk. That continues 12 further west down 310th Street past the subject property. 13 It runs along the front of the Pasa Fino Apartments and to 14 the edge of that property where there' s a park that was 15 previously referenced. 16 MR. HILL: Thank you. 17 MR. BERMAN: Uh-huh. And this last picture is just an 16 additional picture of the close-up of the storm water 19 detention vault that sits in front of the subject property., 20 So, in addition, we' d like to demonstrate that we feel 21 there is proper access to the subject. 310th Street can be 22 accessed from 124th. There are two points of access to go 23 to the east to State Route 18 . And, this is obviously a 24 ma�or state route, as I'm sure you' re aware. State Route 18 25 allows for access down to downtown Auburn. It further Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 4 5 1 connects to State Route 167 . Alternatively, you can access 2 downtown Auburn from the subject if you travel south on 3 124th and then west on 312th, which becomes Lea Hill Road 4 and turns into downtown as well. I would contend that I' be 5 traveled this route several times in the last couple of 6 months, and in off-peak hours it' s only five minutes to 7 downtown, and even during rush-hour it' s 10 minutes. 8 Furthermore, there is adequate service of public 9 transit, Metro Transit. Routes 164, 181, excuse me, provide 10 access to the surrounding areas . Additionally, there is 11 substantial commercial shopping along 124th and 312th. So, 12 that intersection there provides commercial retail, gas 13 stations, restaurants along 312th both east and west of 14 124th, and a little bit of 312th both north and south of 15 124th. 16 There' s adequate schools in the area, and these schools 17 provide open space as well as parks. The sub�ect is walking 18 distance to three schooTs. You can even -see in the Comp 19 Plan map that we' ve been provided, Lea Hi11 .Elementary is 20 that big green square that' s directly east of the subject 21 on 129th. And, just to the northwest of the subject is a 22 larger parcel of property that provides two schools: 23 Hazelwood Elementary and Rainier Middle School . Auburn 29 Mountainview High School is only a five-minute drive north 25 on 124th Avenue. And, Green River Community College is less Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 4 6 1 than a mile south on 124th; which is just about a three- 2 minute drive. Just north of this community college is Lea 3 Hill Park, and a little ways west of Lea Hill Park is 4 Auburndale Park on 108th Avenue Southeast. So, we feel 5 there' s significant access to the local school system. 6 There' s significant access to local parks . And, in addition 7 to this, you know, I would argue with my experience as a 8 real estate broker that the open spaces, the access to 9 school, the easy access to local state routes, the 10 visibility of the project all support our current proposed 11 high-density residential development . 12 You know, I would also say that in my experience a 13 property like this, if it' s not planned for a good 14 designation or a thoughtful planning, you won' t see 15 continued development of that property. I don' t think it' s 16 suitable for single-family residential. It' s an island in a 17 sea of high-family residential. Likely in the future the 18 property-I've seen similar instances where property like 19 that won' t be mainta3ned and will become dilapidated: And 20 investors aren' t going to want to put the money into 21 puttinq a single-family residential plat in the middle of 22 all these apartment buildings. The fit and feel just isn' t 23 quite right for someone looking to buy a home. 24 And, with that being said, I' d like to turn it over to 25 Rich, who' s going to further discuss [inaudible] . NortFiuvest Transcnbers (425) 497-9760!(425) 337-5211 -fax 47 . 1 MR. HILL: Thank you, Commissioners. I appreciate your , . 2 atience, and I 11 tr to be brief. I won t go through in P Y 3 detail all of the analyses set forth in the .memorandum, but 4 I do want to hit the high points. I thsnk Mr. Dixon did a 5 very good job of identifying the criteria that need to be 6 demonstrated by an applicant, and we acknowledge the 7 Applicant here does have the burden of proof. The Applicant 8 has the burden of proof to demonstrate that a number of 9 criteria are met before this Comprehensive Plan map change 10 can be approved. Let me just walk you through each of the 11 criteria and' explain to you why from the Applicant' s 12 perspective those criteria are more than met. 13 The first, and I think by far the most important of the 14 criteria, is that the proposed change has to be consistent 15 with the Comprehensive Plan. And, I think Mr. Dixon in his 16 Staff Report did a good job of culling out of the 17 Comprehensive Plan the key Comprehensive Plan provisions 18 that are applicable to your consideration of this request. 19 And, with due respect to Mr_ Dixon, the Applicant �ust very 20 stronqly disagrees with the conclusions Mr. Dixon has 21 reached. In fact, the Applicant believes that looking at 22 these Comprehensive Plan prouisions in light of the facts 23 that Mr. Berman has just testified . to leads to the 24 conclusion that sinqle-family designation is just plain not 25 appropriate for the site, that hiqh-density designation is. Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 9 8 1 At 14-6 of the Comprehensive Plan, it states, ��This 2 category shall be applied"-shall be applied-"to those areas 3 which areas which are either now developed or are reserved 9 for multiple-family dwellings, " okay? So, as a look at the 5 Comprehensive Plan map and the aerial photo shows-and we've 6 attached those to our memorandum-the area in which the 7 Locke property is located is a node of high-density and', 8 light commercial development centered around the 9 intersection of Southeast 312th Street and 124th. And, I 10 apologize; I have a typo in my memorandum; I kept saying 11 "29th.." So, forgive me for that; I meant 124th. 12 The area surrounding Mr. Locke' s property is already 13 developed, as you' ve heard, with multiple-family dwellings 14 on three sides, on three sides. And as we understood untiT 15 a moment ago, and the west was designated to receive 16 multiple-family dwellings. But, even if that was in error; 17 the fact that the surrounding area is all multiple-family 18 and it' s in a node of multiple-family and high-density, we 19 feel that the sentence, "this category shall be applied to 20 those areas which are now developed as multiple-family 21 dwellings" should lead the Planning Commission to recommend 22 approval of this request . 23 The Staff Report at Page 8 incorrectly argues that this 24 provision requires that the subject property itself be 25 developed or reserved for high-density res3dential, but Northwest Transcribers (425)497-9760/(425) 337-5211 =fax 4 9 1 that, of course, is not the language of the Code. The Plan 2 speaks to the area, not the subject property. 3 There' s also-and I'm referring to Page 4 of my 9 memorandum. There' s an important paragraph from the Comp 5 Plan that Mr. Dixon appropriately ' refers to. And, it reads, 6 "In addition to areas already developed to this density"- 7 and our point is this area already is developed to this 6 density, so the rest of this is just extra, but "In 9 addition to areas already developed to this density, the 10 designation should be applied only to areas which have or 11 may be most efficiently served with high-capacity and high- 12 quality public services and facilities. " And I think that 13 Mr. Berman has indicated that there' s adequate 14 transportation capacity. There' s good schools. There' s good 15 open space. There' s close-by commercial nodes. There' s 16 transit service that meets that criterion. Of particular 17 concern is the provision of adequate traffic circulation. 18 And as the Staff Report indicates, your Public Works 19 Department has determined that this zoning designation is 20 appropriate in terms of traffic circulabion. The traffic 21 issues are not a reason to deny this application. 22 Other siting concerns include access ,to commercial 23 services and open space amenities. And, again, as 24 Mr. Berman testified, those amenities are availabTe. 25 This is an area, as I mentioned in my memorandum, it' s Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 5 0 1 approximately a 16-square block node surrounding, the 312th 2 and 24th [sic] intersection that includes light commercial, 3 that includes a school, that includes high-density 4 residential and moderate-density residential. It has 5 convenient access to the State Route, and it' s only 10 6 minutes from downtown-five to 10 minutes from downtown 7 Auburn. 8 The Staff Report suggests that the street itself 9 abutting the property is not an arterial, and that' s true; 10 it is not an arterial. But, again, the Comprehensive Plan 11 does not require; that the street abutting the use .be an 12 arterial; it rather requires it have access to arterials, 73 that there be adequate traffic circulation in the vicinity. 14 Okay. 15 The Staff Report also acknowledges that the area has 16 adequate fire facilities, and you saw the fire hydrant jusb 17 immediately adjacent to the site. So, in terms of what the 18 Comprehensive P.lan asks you to look at in terms of high- 19 density development, this site obviously meets it . 20 Let' s look at what the Comprehensive Plan says about 21 single-family development. And Mr. Dixon cites the key 22 provisions in his Staff Report, and those provisions are at 23 Page 19-3 of bhe Gomprehensive Plan. And the first line is, 24 "To designate and protect areas for predominantly single- 25 family dwellings. " And this is exactly what the City Northwest Transcribers (425)497-9760/(425) 337-5211 -fax 51 1 Council did when it designated almost the entire Lea Hill 2 for single-family development; almost the entire annexation 3 area is single-family development. However, when you look 4 at the Comprehensive Plan map, the City Council identified 5 two areas that were appropriate for high-density 6 development. One of the areas is where Mr. Locke' s property 7 is located. There' s another area to the east. Since the 8 area surrounding Mr. Locke' s property is already developed 9 with multiple-family dwellings, this area isn' t appropriate 10 for the single-family designation. 11 On Page 5 of my memorandum I identified the following 12 sentence. `�This designation would not be generally 13 appropriate in the following areas: (2) areas developed in 14 or more appropriate under the Plan policies for another 15 use. " This area has been developed for mult_iple-family use. 16 So, because it' s been developed for multi-family use, and 17 your own Comprehensive Plan suggests that single-family 18 designation is not appropriate for it. 19 Next bullet, "The R-5 single-famiTy zone is intended to 20 be applied to the relatively undeveloped portions of the 21 city, areas where existinq development patterns are 22 consistent with the density, and upland areas where greater 23 densities would strain the transportation system. " Well, in 24 this case, this area of the city is developed. Development 25 patterns are not consistent with single-family density. And Northwest Transcribers (425)497-9760/(425)337-5211 -fax 52 1 your own Public Works Depariment has indicated that this 2 development would hot strain the transportation system. 3 At 11-13, the Staff Report cites other pertinent plan 4 policies, and in particular, policies relating to the Lea i '5 Hi11 annexation area. And, the quote—this is at the bottom 6 of Page 5 of my memorandum, "In applying the land use 7 designations of the Comprehensive Plan, the first 8 consideration shall be given to designating an area for 9 single-family residential use. Most of the undeveloped 10 areas of the community serving area shall be reserded for 11 ' single-family dwellings_ " And that is exactly what the 12 Council did when they designated Lea Hill area under its 13 Comprehensive Plan. Most of Lea Hill was reserved for 14 single-family dwellings, and you can see that on the plan 15 , map. Two areas were reserved for light commercial and 16 multiple-family. And, the Locke property is smack dab in 17 the middle of one of those areas. "Smack dab" is a legal 18 term. T9 On Page 6, the fourth paragraph, I cite City policy 20 concerns relating to the time of the Lea Hill area 21 annexation. Quote, "The Auburn City Council envisions 22 retaininq the predominantly single-family character of the 23 Lea Hill area rather than allow the trend of rapidly- 24 developing multi-family projects to continue." And that is 25 exactly what the Council did when they designated Lea Hill. Northwest Transcribers (425)497-9760/(425) 337-5211 -fax 5 3 1 The Council retained the lion' s share of Lea Hill as 2 single-family and identified only two nodes where higher 3 density were appropriate, higher-density development . And, 4 Mr. Locke' s property is in one of those nodes. The area in 5 which this property is not single-family in character; it 6 was not single-family in character at the time of 7 annexation. It' s multiple-family in character. If 8 Mr. Locke' s property is developed as multiple-family, it 9 will be in character. If it' s developed as singTe-family, 10 it will not be in character. 11 So, that' s Criterion 1 . "Does this request comply with 12 the Comprehensive Plan?" We believe we' ve done [inaudible] 13 that it does. 14 Next criterion, "Does the proposed change diminish the 15 ab3lity to provide adequate services?" Here, Mr. Dixon and 16 the Applicant are in agreement. The Staff Report indicates 17 that the change will not adversely affect the provision of 18 services. That criterion is met . 19 Third criterion, "Was the 2006 Comprehensive Plan 20 designation of the Locke property a single-family 21 erroneous?" Our view is that it was. And it' s 22 understandable. At the time of annexation, the Council was 23 looking at the entire Lea Hill area. Council was not 24 looking at site-specific annexation decisions. Had the 25 Council applied these policies to th3s specific parcel of Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 59 1 property, we believe that Counsel would have been obligated 2 under acting quasi-judicially, under its own adopted 3 policies, to designate it multiple-family, applying these 4 policies. The Council didn' t; that error should be 5 addressed appropriately in this request . 6 Next criterion, "Do circumstances dictate the need for 7 the proposed amendment?" Again, the Applicant believes 8 circumstances do. As Mr:. Berman testified, this property is 9 not appropriate for single-family development_ It' s wedged 10 in between three multi-family, large multi-family pro�ects. 11 Those circumstances dictate the need. 12 Next criterion, "IS the proposed amendment consistent 13 with GMA?" Here, again, Mr. Dixon and the Applicant are :in 14 agreement. It is consistent with GMA. 15 ' And, finally, does the proposed amendment satisfy the 16 sixth decision criterion, which is pertinent to map 17 amendments. And, aqain, Mr. Dixon and the Applicant are in 18 agreement. We do meet that criterion because the proposed 19 land use designation is adjacent to property having a 2-0 similar or compatible designation. Indeed it' s surrounded 21 on three sides by that designation. 22 We very much appreciate your time and attention. And, 23 we' re available to answer any questions you may have. 24 CHAIR ROLAND: Thank you. You gave us a Iot of good ,25 information. Commissioners, do you have questions of the Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 55 1 two individuals here? 2 COMMISSIONER RAMEY: I just want to clarify timeline- 3 MR. HILL: Okay. 9 COMMISSIONER RAMEY: -if you can hear me or not. 5 CHAIR ROLAND: Turn it on. 6 MR. HILL: I can. 7 COMMISSIONER RAMEY: Okay. So, Mr. Locke purchased the 8 land in 2005, and at that time it was designated as multi- 9 family, correct? 10 MR. HILL: Multi-family, correct. 11 COMMISSIONER RAMEY: Okay. And, then it was annexed by T2 City- 13 MR. HILL: Uh-huh. 14 COMMISSIONER RAMEY: -and blanketed and said- 15 MR_ HILL: Single-family. 16 COMMISSIONER RAMEY: -the lion' s share of this is going 17 to be-or most I think is the word you used; I don' t know if 18 that' s the actual designation. But, in an effort to quell 19 multi-family development and differing opinions on that in 20 terms of blight and all those sorts of things, it went as 21 [sic] single-family. Then, now you' re looking to get it 22 back to- 23 MR. HILL: Multiple-family, correct. 24 CONIMISSIONER RAMEY: Got it, yes . Just want to understand 25 that. Northwest Transcribers (425) 497-9760/(425)33Z-5211 -fax 5 6 1 MR. HILL: Yes. 2 COMMISSIONER RAMEY: But, when he purchased it, it was 3 multi-family. 4 MR. HILL: Basically qetting back to where he was in 5 2005 . 6 COMMISSIONER RAMEY: Right, right. 7 CHAIR ROLAND: Ron? 8 COMMISSIONER COPPLE: The 2005 annexation changed the 9 property to single-family resident— 10 MR. BERMAN: Yes. 11 COMMISSIONER COPPLE: —based upon your testimony7 12 MR. BERMAN: Yes. 13 COMMISSIONER COPPLE: Why is it it' s now 2012, four years 14 later, that you' re now applying for this change to the Code 15 plan amendment maps versus back in 2006 when this change 16 actually occurred from your 2005 purchase? 17 MR. BERMAN: Well, I would contend that my client wasn' t 18 quite sure what [inaudible] would have to bring the 19 property back to high-density residential in 2008 . It 20 seemed like the world might be ending, so to speak. And, 21 there was no future need for a high-density residenbial. 22 You know, it was. an investment property for him. 2t was a 23 part of his retirement planning. And, you know, he did 24 always have the opinion that he wanted to regain what he 25 had lost. And, so, there was no immediate need to do so in Northwest Transcribers (425)497-9760/(425)337-5211 -fax 57 1 2008; he didn' t have immediate pTans to sell the property. 2 But, it' s just a matter of, you know, eventually he needs 3 to get to regaining that lost investment. 4 COhIINISSIONER COPPLE: Another one quick .because th3s is a 5 serious issue for Mr. Locke. Where is Mr. Locke for this 6 evening' s hearing? 7 MR. BERMAN: Mr. Locke is in California. He had an intent 8 to originally attend the hearing. However, it' s been 9 rescheduled three times, and he had prior plans to visit 10 friends and family for the holiday. 11 COMMISSIONER BAGGETT: Just a comment, having—I live up 12 in that area, in that general area. And it was evident that 13 during the—just prior to the annexation that there was much 14 of the property that was multi-family or multi-use and 15 high-density. Probably the wrong choice of words to be 16 used, but there was a rush of trying to get things approved 17 by the King County prior to the annexation. And these 18 things were rushed through, and what you see is evident up 19 there right now in much of the high-density areas and also 20 the multi-use, multi-family. So, it' s just a point of order 21 that this was very evident during that timeframe. So, 22 whether that was to affect the annexation in some form, 23 we' re not sure, but it definitely did add a lot of value to 24 the people who owned that property at that time. So, just a 25 point. Northwest Transcribers (425) 497-9760/(425)337-5211 -fax 5 8 1 MR. BERMAN: Uh-huh. Uh-huh. 2 CHAIR ROLAND: Well, I thank you for stepping forward. I 3 don' t know; why don' t you—excuse me, are you folks planning 4 to testify? You are2 Okay_ Why don' t you just sit down: 5 And, if we have anything else that we need to— 6 MR. BERMAN: Thank you. 7 CHAIR ROLAND: —ask of you; we will— 8 MR. HILL: Thanks.. 9 CHAIR ROLAND; Uh-huh. Would you folks—are you together 10 or two separate—are one of you testifying? 11 MS. BYARLAY: Yeah, representing separate properties,. 12 CHAIR ROLAND: Oh, okay. One at a time, why don' t you 13 come up and identify yourself and tell us what you' re 14 speaking to and— 15 MR. SMYTHE: Randy Smythe. 16 CHAIR ROLAND: Randy? 17 MR. SMYTHE: Yes. 18 CHAIR ROLAND: Okay. Randy. 19 MR. SMYTHE: Want my address? 20 CHAIR ROLAND: Please. 21 MR. SMYTHE: 12024 Southeast 310th Street . 22 CHAIR ROLAND: Okay. 23 MR. SMYTHE: So, I'm just a couple lots west of the 24 property we' re talking about here. 25 CHAIR ROLAND: Okay. So, you are where? You say west. Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 59 1 MR. SMYTHE: West. Well, directly west? 2 UNIDENTIFIED: I think I can even show you where the 3 piece of property is. 4 CHAIR ROLAND: Okay. Because we' re not aware of addresses 5 up there on the hill, so. 6 UNIDENTIFIED: Aren' t you right here? 7 MR. SMYTHE: Yes . 8 CHAIR ROLAND: So, you' re— 9 UNIDENTIFIED: So, he' s—so, the sub�ect property and then 10 intervening two parcels align together, and then he' s here. 11 CHAIR ROLAND: Okay. 12 MR. SMYTHE: That's right. 13 CHAIR ROLAND: Okay. All right. So, you reside on that 19 piece of property? 15 MR. SMYTHE: Yes. 16 CHAIR ROLAND: Okay. Okay, go ahead with your testimony. 17 MR. SMYTHE: Lived there since 1987, we built a house 18 there. Lot of changes in the neighborhood since then and, 19 you know, some of that just happens; it' s natural. But, I'm 20 obviously opposed to rezoninq that property. We just built 21 an ADU, mother-in-law, on our lot. So, just getting 22 finished; not quite done. But, we've kind of committed to 23 stayinq there. My wife' s mom is going to move in there. We 24 committed to staying there with the idea of what the 25 neighborhood' s going to be like, you know, what the zoning Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 60 1 already is, what it' s-you know, that it' s going to stay 2 that way, so. So, we don' t, you know, really want multi- 3 family moving closer and closer. I mean, I don' t know if 9 you let a rezone on that lot go through, then the next 5 lot' s going to say, well, gee, we' re right there, so we' d` 6 like to rezone. And then-I mean, how far does it go, you 7 know? And then I've already made a commitment, you know, to 8 stay there with our family. So, that' s one of my reasons : 9 Referring to 310th, you know, I know they talk about a 10 60-foot right-of-way. Maybe a 60-foot right-of-way, but 11 that street is pretty narrow. A lot of times there' s cars 12 parked on both sides. And it' s ultimately-it' s a one-lane 13 road sometimes. 14 CHAIR ROLAND: That' s the- 15 MR. SMYTHE: Sometimes- 16 CHAIR ROLAND: That' s the street that has part-sidewalk 17 on both sides? 18 MR. SMYTHE: It only has the sidewalk on both sides where 19 the second phase of the Pasa Fino is developed. 20 CHAIR ROLAND: Okay. 21 MR. SMYTHE: The rest of it' s sidewalk on the south side 22 and not much-just gravel on the other and- 23 CHAIR ROLAND: So, you enter your property off of 3-is 24 that 310th? 25 MR. SMYTHE: Yes . Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 61 1 CHAIR ROLAND: Okay. The writing is awfully little for 2 some. 3 MR. SMYTHE: Yeah. 4 CHAIR ROLAND: Okay. 5 MR. SMYTHE: Yeah. So, anyway— 6 COMMISSIONER PEACE: Sorry, so it' s—is it kind of a flag 7 lot so your driveway goes past that one propeity; is that 8 correct? Am I looking at the right one? 9 COMMISSIONER MALE 2: I think it' s the next one over. Oh, 10 wait, maybe that is . Sorry. 11 COMMISSIONER PEACE: So, but is your driveway—comes off 12 of 310th� is that correct? 13 MR. SMYTHE: Yes. 14 COMMISSIONER PEACE: So, it' s kind of a nairow driveway, T5 and tlien your— 16 MR. SMYTHE: Yes. 17 COMMISSIONER PEACE: —property is back—okay. 18 MR. SMYTHE: Right. 19 COMMISSIONER PEACE: I' d call it a flag auto—it's l.ike a 20 flag pole? 21 MR. SMYTHE: Yes, yeah. 22 COMMISSIONER PEAGE: Yeah. 23 MR.. SMYTHE: Exactly. 24 COMMISSIONER PEACE: Okay. Gotcha. 25 MR. SMYTHE: Uh-huh. But, anyway, that road is sometimes Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 62 1 difficult for two cars to negotiate when you' re goin_g by 2 each other. Sometimes you have to kind of pull off and let 3 the other car qo by, and then continue on. 4 And, then referring to traffic, the traffic wasn' t bad; 5 it takes some 10 minutes to get to Auburn, three minutes to 6 Green River College. And, you know, a lot of times that' s 7 true. But, I don' t know if he' s ever been there in the 8 morning when Green River Community College is in session 9 and everybody' s try3ng to get their eight or nine o' clock 10 class, and the elementary school is starting up there up at 11 Lea Hill Elementary. It' s-you know, different times of day 12 does make a difference, so. 13 And, then also just to add on about Mr. Locke, I dori' t 14 know. I went through the whole annexation process and 15 stuff. I wasn' t sure-I had mixed feelings about being 16 annexed' and stuff and mixed feelings about what the. zoning 17 change was going to do to us when it went from multiple- 18 family, which we were also part of that. I don't remetnber 19 exactly what we were; we might have been R-18 or somebhing 20 like that or-but, anyways, ours changed also, you know.. I 21 had mixed feelings about that, but it changed. The City 22 made their decision on what it was. And, you know, so-so, 23 you know, we went with that; we stuck with it. But, I 24 don' t-I don' t know-I went to a lot of the hearings and 25 meetings and stuff like that, maybe not all of them. And, I Northwest Transcribers (425)497-9760/(425) 337-5211 -fax 63 1 don' t know if Mr. Locke was involved in that at the time. I 2 mean, we were heard and stuff, and we said what we-what our 3 opinion was at the time. And, I don,' t know if that wasn' t 4 his-more of the time for him to address this than now 5 anyway. 6 And one more thing: As far as the perception of the 7 zoning or the property just west of the one they want to 8 change the zoning- 9 CHAIR ROLAND: Uh-huh. The error? The error lot? 10 MR. SMYTHE: The error. 11 CHAIR ROLAND: Okay. 12 MR. SMYTHE: The scrivener' s error. 13 CHAIR ROLAND: Right. 14 MR. SMYTHE: This meeting, coming to this meeting today, 15 and I looked at this map, you know, and my neighbor, and we 16 looked at that, and we says, well, what the heck is that, 17 you know? That' s not multi-family. And, this is the first 18 I've known that it was multi-family. So, just my take on 19 it. As far as I'm concerned, it' s always been a single- 20 family dwelling zoning just like the rest of the property 21 around it, ours included. 22 So, that' s all I' ve qot. 23 CHAIR ROLAND: Okay. Thank you, Randy. 24 COMMISSIONER RAMEY: Thanks. Could I ask a question of 25 you, Randy, real fast? How long have you lived there? Northwest Transcribers (425) 497-9760/(425) 337-5211-fax 64 1 MR. SMYTHE: Since 1987.. 2 COMMISSIONER RAMEY: ' 87. Thank you. 3 MR. SMYTHE: Uh-huh. 4 CHAIR ROLAND: Please identify yourself. 5 MS. BYARLAY: Good afternoon. 6 CHAIR ROLAND: Name and address. . 7 MS. BYARLAY: My name is Kristi Byarlay, and I live at 8 12116 Southeast 310th Street. 9 CHAIR ROLAND: Which is where? 10 MS. BYARLAY: [Inaudible] . Right here. 11 CHAIR ROLAND: Okay. Can you show us on this? 12 MS. BYARLAY: Yeah. This little half-acre right there. 13 CHAIR ROLAND: Okay. 14 MS. BYARLAY: Next to this property. 15 CHAIR ROLAND: Okay. Next door to Randy. 16 MS. BYARLAY: Yes. 17 CHAIR ROLAND: Okay. Kristi is your name? 18 MS. BYARLAY: Uh-huh. 19 CHAIR ROLAND: Okay. Okay_ Go ahead, Kristi. 20 MS. BYARLAY: All right. So, there was something 21 mentioned, and now I don' t remember by who—about permits 22 being sought currently for more multi-family—a request by 23 an adjacent property. Is that happening in that area? No, 24 okay. Okay. Just wanted to clear that up. 25 So, a couple of my—wha£ I' d like to address is the Noithwest Transcribers (425) 497-9760/(425) 337-5211 -:fax 65 1 cumulative portion of this if-I completely understanding 2 the mistake and understanding, thinking that the lot was , 3 surrounded by multi-family when, you know, there was an 4 error on the west and on the east. So, where my concern 5 lies is it is, well, a majority single-family; this is a 6 single-family neighborhood down 310th Street ali the way 7 down this street except for the little bit of the Pasa Fino 8 Apartments. We' re directly affected by the Cedar Ridge 9 Apar,tments that are right behind us. And, we were also 10 involved in trying to not have those be built because of 11 wetlands and all different things in that area. And it 12 negatively affected our backyard and the runoff and stuff 13 of the water back there. But, the cumulative portion is so 14 if this is granted, then what' s to say that the person who 15 just bought the property in front of our house wants to 16 then change, and now we' re a half-acre little property back 17 there being completely surrounded by apartments. Then that 18 affects Randy and their new mother-in-law house, and it 19 affects on down this street. So, it' s just like this kind 20 of domino effect on the street of everybody trying to sell 21 out or something to get all multi-family now that we' re 22 surrounded by it. 23 The Pasa Fino Apartments happened right before the 29 annexation. And so that has been there, and it' s not too 25 bad. Northwest Transcribers (425) 497-9760!(425) 337-5211 -fax 66 1 So, that' s one of my concerns is the cumulative effect 2 is why should they get to build R-18 and the rest of us 3 have to stay put? Obviously we could petition, but that 4 wouldn' t be very neighborly, I don't think, of us for our 5 neighbors. 6 My other question is, the single-family would be fine on 7 that property. It could be split evenly or into five 8 portions per acre. The property right behind the Cedar 9 Ridge Apartments, so where the red square is, if you' re 10 going north, there' s a iong strip of Cedar Ridge, and then 11 north more is all that single-family property. That was all 12 built after the Cedar Ridge Apartments were built. And 13 those houses and lots sold before they were even finished 19 building. So, I don' t think that what they' re saying is 15 that it' s not a good property for single-not a good 16 property for single-resident homes, I disagree with that 17 statement. I think it' s a very good property for sin.gle-. 18 resident homes_ 19 I too have friends and family at home, and I'm down here 20 before the holidays. And, I'm also concerned about the land 21 value and property value. Being surrounded by high-density 22 on three sides of our property will negatively affect our 23 land value and down the street, but also the people in 24 front of us who just purchased that property and, you know, 2'5 have hopes and dreams of building a home. on there, and Northwest Transcribers (425)497-9760/(425) 337-5211 -fax 67 1 then, bam, you' re slammed by apartments on one side. We 2 have an easement going up our driveway, and for a little 3 sentimental value, it is incredible to drive up our 4 driveway past these really old trees that are gorgeous and S leave the whole city, the noise and everything, and go up 6 this driveway into just quiet in this little spot_ And, you 7 know, that whole idea of that being ruined and surrounded 8 by apartments is disturbing to us. Obviously, I realize 9 we':re one family in all of that area, but that' s my 10 personal opinion and our take on it. 11 And, then we have the Cedar Ridge Apartments behind us. 12 So, we feel violated on a daily basis by kids breaking our 13 fence, jumpinq over our fence. Our dogs have gotten loose. 14 Different things have happened because they' re not taking 15 care of their property so that it keeps the people out of 16 our property. And so, we feel violated by one apartment on 17 one side. So, the idea of having another apartment is just 18 really a huge headache. I can' t even imagine. But, again, I 19 feel—I don' t feel like I have a lot of say being one single 20 sesident. But, I do feel like I need to say my thing. 21 Then, also the road. It is true what Randy said; we have 22 to pull over to let upcoming traffic pass . Right where this 23 property is, our property starts, then a hill happens . And, 24 often there' s cars parked next to the park so there' s 25 literally one lane of traffic in the cars coming up that Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 68 1 hill. So, it would be affected by traffic because that road 2 is not improved and it is currently dangerous right now, 3 that if they built on two more and create more traffic, it 4 is-for a single-family neighborhood it is a dangerous 5 street. And I would not like to see 40 or 50 more cars be 6 on that street. 7 So, I guess that' s it. 8 CHAIR ROLAND: I have one quick question. When did you 9 start residing on that property? 10 MS. BYARLAY: We've lived there since 1995. 11 CHAIR ROLAND: Okay. 12 MS. BYARLAY: What is it, 25? 13 CHAIR ROLAND: Do you have a question, Kevin? 14 VICE-CHAIR CHAPMAN: Is 310 a dead-end street on one end� 15 MS. BYARLAY: Yes, it is . 16 COMMISSIONER COPPLE: And, those old trees you were 17 talking about, are they on the Locke property or are on 18 yours? 19 MS. BYARLAY: Locke and on the long property in front of 20 us. We' re the half-acre at the end. 21 COMMISSIONER COPPLE: Okay. 22 CHAIR ROLAND: Well, thank you very-oh, did you have a 23 question? 29 COMMISSIONER PEACE: Well, yeah, this question. So, how 25 do you-tell me again how you access your property? Do you Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 69 1 come up off of 310th down a long— 2 MS. BYARLAY: Off of 310th down a long driveway right 3 along that red line. 4 COMMISSIONER PEACE: Okay. Right .along the border between 5 the Locke property and the other property— 6 MS. BYARLAY: One to the west. 7 COMMISSIONER PEACE: —south of you. Okay. 8 MS. BYARLAY: Right. 9 COMMISSIONER PEACE: Gotcha. Thanks. 10 MS. BYARLAY: Yeah, and that is one other thing just for 11 a statement . The previous owner of the statement—of the 12 property that' s in error on that map, you know, we've 13 spoken with him many times, and they were never aware that 14 it may have been. Because I know that he wanted to build 15 commercially on that lot, and he couldn' t after the 16 annexation. And, therefore, he held onto it for a while, 17 and then he finally sold it. So, you know, it' s—error or 18 not, our neighborhood, whether it matters, has known that 19 it was never a multi-family property, just the one east of 20 that was a multi-family property. For statement. 21 CHAIR ROLAND: Well, thank you, Kristi. 22 MS. BYARLAY: Uh-huh. 23 CHAIR ROLAND: Okay, Commissioners, we' ve been given a 24 lot of information tonight . If you have questions of Staff 25 for clarification or for the City Attorney for Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 7 0 1 clarification. 2 COMMISSIONER PEACE: I do have a question for Staff. Can 3 you tell me, is there anything, or if there is something, 4 what it is, on the property that runs kind of east and 5 west, the longer one? That would be- 6 CHAIR ROLAND: That was one of the five- 7 COMMISSIONER PEACE: It' s one of the five. 8 CHAIR ROLAND: -they were talking about earlier, the 9 five. 10 COMMISSIONER PEACE: S'm talking about this one up here. 11 CHAIR ROLAND: One, two, three, four, fiue_. 12 COMMISSIONER PEACE: Okay. 13 CHAIR ROLAND: They were talking about those five. 14 They' re single-family; is that correct? 15 COMMISSIONER PEACE: You know which one I'm talking 16 about? 17 MR. DIXON: Yeah. There was a question about some of the 18 properties to the east- 19 . COMMISSIONER PEACE: Yeah, it' s to the east. 20 MR. DIXON: -of the-William and Amy Locke' s property. 21 COMMISSIONER PEACE: And it' s directTy south from these, 22 what was it- 23 MR. DIXON: Correct.. So- 24 COMMISSIONER PEACE: -Cedar- 25 MR. DIXON: So, [inaudible]- Northwe5t T�anscribers (425)497-9760/(425) 337-5211 -fax 71 1 CHAIR ROLAND: Apartments . 2 MR. DIXON: -is the Pasa Fino Phase II, that multi-family 3 development . And then beyond that is a single-family 4 - residence. And then it looks like there' s three vacant lots � '� 5 that as recently as I double-checked today, the King County 6 Assessor lists those as being owned by Schneider Homes, the 7 three lots there. And then north of that, the long skinny B one, is one I think you' re asking about . 9 COMMISSIONER PEACE: Right. 10 MR. DIXON: And I show that one as having a single-family 11 residence owned by Nick and Bira DeCara [sic] . 12 COMMISSIONER PEACE: So, there is a single-family home on 13 it? 14 MR. DIXON: Yes . 15 COMMISSIONER PEACE: Okay. Thank you. 16 VICE-CHAIR CHAPMAN: You had a question that-or you 17 stated that Schneider Homes owns three of those parcels? Do 18 they have any intent on developing those? 19 MR. DIXON: I don' t know what they might 6e thinking, but 20 there' s no pending applications . 21 COMMISSIONER PEACE: And could you clarify which three of 22 those- 23 MR. DIXON: Yes . Again, let me show these on the-let me 24 point them out on the map_ I think that-as I made clear. 25 So, it' s these three at the corner, this one, this one, and Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 7 2 1 this one at the corner of 124th and 310th, Southeast 3TOth: 2 So, it' s these three. So, it is correct to talk about the 3 uses to the west of the subject property being multi-famiTy 4 and single-family because [inaudible] . But, beyond that 5 further is that vacant property. 6 COMMISSIONER TROUT: I have a question. You mentioned 7 about the roads not being adequate, and I notice fhat 8 Kristi mentioned also and Randy mentioned that there wasn' t 9 enough space for two vehicles to go down that road. So, 10 that-who is responsible for that road, say, that they do 11 get the proposal passed and to make it wider? Who would be 12 responsible for that, the City or would the builder or? 13 MR. DIXON: Well, generally, the way that works ss that 14 when there' s a development build presented to the City, 15 they have to be responsible for dedication of additional 16 right-of-way along their property frontage and road 17 improvements along their property frontage to bring it up 18 to current standards if it' s not already to standards. Then 19 there is-so that' s dealing with the property that' s right 20 along the road frontage of the property that' s bein_g' 21 developed. 22 Off-site, they might need to be responsible for some 23 additional improvements only if it proposes a safety or 2.4 functional limitation. But, in this case, you've heard 25 testimony tonight talking about the fact that the road is- Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 7 3 1 has considerable improvements to the west down to 124th, 2 but is lacking other improvements and even the full extent 3 of riqht-of-way to the west. 4 CONIMISSIONER TROUT: Uh-huh. 5 MR. DIXON: And matter of fact, it doesn' t even go 6 through because not all the improvements are there and it' s 7 barricaded. B COMMISSIONER TROUT: So, again, who would be responsible 9 for making it safe? 10 MR. DIXON: Well, you heard some testimony that there' s 11 not enough-you know, there' s a problem with sometimes 12 about-because people may be parking in the right-of-way and 13 because there isn' t developed edges of roadway, that there 14 may be parking qoing on in locations that makes it 15 difficult to pass there. It depends on-you know,, right now 16 if this property were developed, it doesn' t have any access 17 further to the west because the road doesn' t go through. 16 CONIIKISSIONER TROUT: Okay. 19 MR. DIXON: So, they really wouldn' t have any 20 responsibility unless they were creating enough units there 21 to trigger or require that they had multiple access points 22 to get to the piece of property. 23 COMMISSIONER TROUT: Okay. Thank you. 24 CHAIR ROLAND: Kevin? 25 VICE-CHAIR CHAPMAN: For Village Square, do they access Northwest Transcri6ers (425)497-9760/(425) 337-5211 -fax 7 9 1 310 for on and off-or in and out of their de�elopment 2 there, or are they just 124th or 312th? I was just 3 wondering where the main drives were. 4 MR. DIXON: For Village Square, yeah. And, Village Square 5 has been at the southwest corner of 310th and 129th. And it 6 looks like they access to 310th. I don' t know if they have 9 any access off of 124th; I'm not sure. Do they? 8 UNIDENTIFIED: Yes, there is access. 9 MR. DIXON: Okay. 10 VICE-CHAIR CHAPMAN: Was Schneider Homes the developer of 11 Village Square? 12 MR. DIXON: I don' t know the answer to that. 13 VICE-CHAIR CHAPMAN: They did 194 units, and you don' t i4 know if they were the builders on- 15 CHAIR ROLAND: That was before. 16 VICE-CHAIR CHAPMAN: Okay.. 17 MR. DIXON: Yes. It was developed to the County Code- 18 VICE-CHAIR CHAPMAN: Oh, okay. All right. 19 CHAIR ROLAND: Yeah. 20 MR. DIXON: -before it was part of the city. 21 VICE-CHAIR CHAPMAN: Sorry, sorry. 22 CHAIR ROLAND: I believe that Jerry Schneider did build' 23 those. 24 [Off-the-record discussion. ] 25 CHAIR ROLAND: Okay. Further questions of Staff. Northwest Transcribers (425) 497-9760/(425)33?-5211 -fax 7 5 1 VICE-CHAIR CHAPMAN: So, I just have a comment. 2 CHAIR ROLAND: Oh. 3 VICE-CHAIR CHAPMAN: It seems that a lot of the infill, 4 high-density homes and units were built prior to the 5 annexation, you know, and some things may have been pushed 6 through prematurely and with each building permit King 7 County was taking in more money and not putting that money 8 maybe back into the infrastructure of the area. It. seems to 9 be a flooded area right now with the amount of traffic and 10 people up there now. Although the Council has deemed this 11 area to be a node of commercial activity and mixed use 12 housing, it' s kind of a tough decision. Obviously you don' t 13 want to take away from a property owner that, you know, has 19 aspirations for retirement or is in retirement and looking 15 to promote that further. Although, you also don' t want to 16 take away from individual property owners who will have a 17 great effect by such an infill of changing from five units 16 to, you know, quadrupl3ng that to 20 units . So, that' s just 19 a comment that I have, and as Commissioners we' 11 have to 20 take that into consideration. 21 COMMISSIONER BAGGETT: I' ll make another comment also. I 22 was up there on that corner this morning right about the 23 time that the Green River Community College was going in. 24 And, let me tell you, the traffic was horrendous . And', I 25 think that just as a comment from one who resides and Northwest Transcribers (425) 497-9760!(425) 337-5211 -fax 7 6 1 travels that route every day, it is a congested area, and I 2 think a serious traffia consideration should' be given for 3 the traffic in that area, especially around Lea Hi1T 4 Elementary, the service stations that service two of the 5 corners there at 124th. And, there' s a lot of traffic 6 coming and going on 310 that they come in and out of that 7 access road right there off of 129th. So, it is a heavily 8 congested area at different times during the day. 9 COMMISSIONER COPPLE: Madam Chair, I have a question— 10 . CHAIR ROLAND: Yes. 11 COMMISSIONER COPPLE: —of these two gentleman. 12 CHAIR ROLAND: Okay: Would you 3ike to—they need to step 13 forward to the— I9 COMMISSIONER COPPLE: On this picture— I5 CHAIR ROLAND: Wait a second. 16 COMMISSIONER COPPLE: Okay. You ready? 17 CHAIR ROLAND: Yeah. They just need to be by the 18 microphones. I9 COMMISSIONER COPPLE: On this picture here, how far does 20 your property, the Locke property, go? 21 CHAIR ROLAND: What page are you on so we can all geb to 22 where— 23 COMMISSIONER COPPLE: The one where the—behind the 24 roadblock. 25 CHAIR ROLAND: The thisd one? NoRhwest Transcribers (425)497-9760/(425) 337-5211 -fax 7 7 1 COMMISSIONER COPPLE: That- 2 COMMISSIONER TROUT: Fourth one. 3 CHAIR ROLAND: Fourth is the- 4 COMMISSIONER COPPLE: Right there is- 5 CHAIR ROLAND: -single-family home. 6 COMMISSIONER COPPLE: -a sewer grate. Ss that the .sewer 7 grate you took a picture of, or is it- 8 MR. BERMAN: Yes, that' s the storm water detention vault . 9 COMMISSIONER COPPLE: So, that is the Locke propenty? 10 MR. BERMAN: Correct. 11 COMMISSIONER COPPLE: Frontage? Okay. How far this west 12. does this property go from this picture? Go further? 13 MR. BERMAN: It does go further.' The property is 14 approximately 165 feet in width. 15 COMMISSIONER COPPLE: The frontage is? 16 MR. BERMAN: Yes. 17 COMMISSIONER COPPLE: Okay. 18 MR. BERMAN: I would say that' s about a third from the 19 eastern boundary of the property. 20 COMMISSIONER COPPLE: So, this last picture- 21 MR. BERMAN: Uh-huh. 22 COMMISSIONER COPPLE: -where you got the storm water 23 grate- 24 MR. BERMAN: Uh-huh. 25 COMMISSIONER COPPLE: -and the proper.ty, does it go past Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 7 8 1 this power pole? 2 MR. BERMAN: I would say that' s roughly the property 3 boundary. It may be a few feet short. 4 COMMISSIONER COPPLEc Okay. �Cause there' s a driveway 5 right-just past that. 6 MR. BERMAN: Right. 7 COMMISSIONER COPPLE: Just west of that. 6 MR. BERMAN.: Which is the access easement that we' ie 9 referring to. 10 COMMISSIONER COPPLE: Okay. All right . `Cause that' s 11 going to help us look at how much of the frontage- 12 MR. BERMAN: Uh-huh. 13 COMMISSIONER COPPLE: -on that 30-foot-wide road. 14 COMMISSIONER RAMEY: If I could make a comment. 15 CHAIR ROLAND: Well, we' re not supposed to make any 16 comments unless there' s question. But, what do you want to= 17 COMMISSIONER MALE 3: [Inaudible] pose it as a question 18 then_ 19 COMMISSIONER RAMEY: Okay. I' ll pose it as a question 20 then. 21 CHAIR ROLAND: Okay. What do you want? 22 COMMISSIONER RAMEY: I'd like to know the thoughts of the 23 Commission on visitinq the property and the surrounding 24 area. I mean, it seema to me that we have a number of 25 questions regarding where' s this and that. And, I think Northwest Transcribers (425) 497-976D/(425) 337-5211 -fax 7 9 1 those are all great . But, for me, I—just— 2 CHAIR ROLAND: Okay. I will— 3 COMMISSIONER RAMEY: —what are your thoughts on tHat? 4 CHAIR ROLAND: —answer that. We got this last week. We 5 had time to go. If you wanted to, you could have gone. So, 6 you' re talking about— 7 COMMISSIONER RAMEY: That' s your response. 8 CHAIR ROLAND: Yes. 9 COMMISSIONER RAMEY: Okay. 10 CHAIR ROLAND: That is my response. That' s why we were 11 given the paperwork ahead of time so we could look at it 12 and see it, and if we want to, to drive out there on our 13 own. We can' t go as a group. 14 COMMISSIONER RAMEY: So= 15 CHAIR ROLAND: So, what you' re trying to say is— 16 COMMISSIONER RAMEY: So, then my questiom is, how many 17 drove around and checked that out? One of us. Two. Okay. 18 CHAIR ROLAND: And I knew where it was, so. 19 COMMISSIONER RAMEY: Okay. 20 CHAIR ROLAND: Yeah. 21 COMMISSIONER RAMEY: Okay. Then, again, I. would say, it 22 would be my suggestion to go and look at it again. I think 23 the majority of us have not. In all fairness to both 24 parties. Wouldn' t you agree, Counsel? Mr. Dixon? That' s a 25 quest3on. We need to pose it in a question. Northwest Transcribers (425) 497-9760!(425) 337-5211 -fax 8 0 1 MR. HEID: Let me venture this . I am here again as your 2 counsel. And, this is a quasi-judicial matter so that 3 you' re acting as a judge. I would probably suggest that if 4 you wanted to do that; you certainly—there' s .no reason why 5 you couldn' t do that. I would suggest, however, that to 6 make sure that your deliberations are at least controlled, 7 don' t go in a group_ And, I think that was already 8 suggested. 9 COMMISSIONER RAMEY: [Inaudible] group. 10 CHAIR ROLAND: Uh-huh. 11 CHAIR ROLAND: But, I don' t need to go because I know 12 where it is . Kevin says he' s familiar with it . So, i_f 13 there' s one or two that areri' t, they had their opportunity 14 to go from Friday on. 15 COMMISSIONER PEACE: I've got all my questions answeied 16 about it, so I'm okay. 17 CHAIR ROLAND: Yeah. 18 COMMISSIONER TROUT: And, I had a general idea of 19 [inaudible] . 20 CHAIR ROLAND: Yeah. 21 CONIMISSIONER RAMEY: I know exactly where it is. But, in 22 terms of perspective. And I traveled the route as well, and 23 it is incredibly congested as well. But, in terms of you 29 were talking at the outset about deliberations. And' my 25 perception of deliberations is that—and you mentioned that Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 81 1 they could be done privately possibly, correct? . 2 MR. HEID: That' s correct, they can be. 3 COMMISSIONER RAMEY: Okay. 4 MR. HEID: Because it' s quasi-judicial, you do not have 5 to hold your deliberations in an open public meeting. 6 COMMISSIONER RAMEY: Okay. 7 MR. HEID: That' s one of the exceptions in the law. It 6 isn' t mandated; it' s just-it' s a choice. 9 COMMISSIONER RAMEY: Right. Okay. 10 CHAIR ROLAND: Commissioners, does anyone else have any 11 questions of Staff? Does anyone wish to propose a- 12 MS. CHAMBERLAIN: Madam Chair, if we' re done questioning- 13 CHAIR ROLAND: Well, I was just kind of- 14 MS. CHAMBERLAIN: Oh, okay. Just as a reminder to make 15 sure we close the public- 16 CHAIR ROLAND: Yes. 17 MS. CHAMBERLAIN: Okay. 18 CHAIR ROLAND: Yes . Well, hearing no further questions of 19 Staff or for the Applicants, I will close the public 20 hearing. 21 COMMISSIONER COPPLE: So, I guess, do we-[inaudible] 22 deliberate in public or in private? 23 COMMISSIONER TROUT: The next step is that we make a 24 recommendation? 25 CHAIR ROLAND: Well, we' ll need a motion or- Northwest Transcribers (425)497-9760/(425) 337-5211 -fax 82 1 COMMISSIONER COPPLE: Mr. Heid, do we need a motion to 2 move this to private? 3 MR. HEID: Actually, that would be one way to do it, or 9 by consensus you could choose to deliberate in a closed 5 session. 6 COMMISSIONER COPPLE: Okay. Thank you. 7 COMMISSIONER RAMEY.: I'd like to make a motion that we 8 deliberate in a closed session. 9 COMMISSIONER TROUT: I second. 10 CHAIR ROLAND: Okay,. We have a motion and a second to 11 deliberate in private.. Any further discussion on it? All in 12 favor say "aye. " Opposed? 13 [Four respond aye; three respond nay. ] 14 CHAIR ROLAND: So, it looks like it' s—we had four in j 15 favor and three against. So, does that motion fail then � 16 because we didn' t have a majority? 17 MR. HEID: Four were in favor, so you have a majority in 1B favor of deliberating in closed session. 19 CHAIR ROLAND: Okay. 20 MR. HEID: There is actually a room accessible to this 21 room if you wanted to deliberate in that at this time. I 22 assume that you might want to at •least deliberate a 2ittle 23 bit or discuss something in terms of where you want to go 24 today. But, that wouldn' t even be required if you don' t 25 want to spend any more time on it today. Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 8 3 1 CHAIR ROLAND: Oh, I think when it' s fresh in our mind we 2 should do it now. 3 MR. HEID: Dkay. 4 CHAIR ROLAND: Okay. We' ll be in recess for a few 5 minutes. 6 MR. HEID: That' s correct. You' ll be in-you go into a- 7 CHAIR ROLAND: Go into a closed- 8 MR. HEID: -closed session. 9 CHAIR ROLAND: Right. 10 MR. HEID: And I don' t want to impose myself in there if 11 you don' t need me. But, if you need me, I'm your counsel. 12 CHAIR ROLAND: Okay. All right . Do I need to designate a 13 period of time? 14 MR. HEID: No, you do not because this is quasi-judicial' 15 and it' s- 16 CHAIR ROLAND: Okay. 17 MR. HEID: -actually an exception to the Open Pubic 18 Meetings Act. So, if this were an Executive Session, you 19 would. But, you do not- 20 CHAIR ROLAND: Okay. 21 MR. HEID: -because of its character. 22 CHAIR ROLAND: Okay. All right. 23 [Closed session from 8 : 58 p.m. to 9: 21 p.m. ] 24 CHAIR ROLAND: Well, thank you for hanging in there with 25 us while we went out and-Executive Session. And-closed Northwest Transcribers (425)497-9760/(425) 337-5211-fax 8 9 7 session. And now we are bringing our Committee meeting back 2 to order. 3 Commissioners, we've had a discussion. I think we've 4 talked about everything possible. We' ve asked all kinds of' 5 questions . Do I hear a motion? 6. COMMISSIONER BAGGETT: S will make a motion that the Z Comprehensive Plan Amendment CPM #3, Map Amendment to Map 8 No. 14 . 1 be denied. 9 CHAIR ROLAND: Do we have a second to that? 10 COMMISSIONER COPPLE: I' ll second that . 11 CHAIR ROLAND: We have a motion and a second. Is there 12 any further discussion? 13 [No response. ] 14 CHAIR ROLAND: Hearing none, all those in favor bf the 15 motion signify by saying "aye. " 16 [Six respond "aye. "] I7 CHAIR ROLAND: Opposed? Aye. Please pass our 18 recommendation on to the City Council . 19 MR. HILL: Can I propose a question to the Commissioners? 20 CHAIR ROLAND: I don' t know. Is that appropriate? 21 MR. HEID: I would say that the decision' s been made; but 22 if you' re willing to entertain a question, you certainly 23 could. 24 CHAIR ROLAND: Okay. 25 MR. HEID: If you do not feel comfortable doing so, you Northwest Transcribers (425) 497-9760/(425)337-5211 -fax 8 5 1 need not. 2 CHAIR ROLAND: Okay. Well, you can ask the question. I 3 don' t know if we can—if I will answer. 4 MR. HILL: Thank you. Thank you for your courtesy in 5 entertaining the question. Obviously one challenge we face, 6 having not been present to your deliberations, is we don' t 7 understand the basis of your decision. Since this is a 8 recommendation to the Council, it would be helpful to the 9 Applicant when we explain to the Council why we think the 10 Planning Commission recommendation should not be followed, 11 to understand why it was the Planning Commission made the 12 recommendation that it did. And so, to the extent the 13 Commission feels it appropriate to share the grounds for 14 the decision, it would be helpful to the Applicant in terms 15 of the Applicant' s response when we go to the Council. 16 CHAIR ROLAND: Well, I think the majority of the 17 Commission was concerned about the creep, you know, onto 18 further, wouldn' t you say? Yeah. Yeah. And traffic. 19 MR. HILL: Okay. 20 CHAIR ROLAND: And I think that' s the two items that were 21 utmost in our mind. 22 MR. HILL: Well, we really appreciate your courtesy in 23 responding to that . 24 CHAIR ROLAND: You' re welcome. Okay. It looks like we' ve 25 covered almost everything this eveninq. Our next meeting is Northwest Transcribers (425) 497-9760/(425)337-5211 -fax 8 6 I Tuesday, December 4th, and that is a tentative meeting. So, 2 be sure to put it on your calendar. And, it may be there' s 3 a couple things that are in the works, but may not end up 4 coming forth at that £ime. All right? 5 COMMISSIONER RAMEY: I will be in Costa Rica. _ 6 CHAIR ROLAND: Oh, wow. 7 COMMISSIONER RAMEY: My 20.th wedding anniversary.. 8 CHAIR ROLAND: Okay. Meeting' s adjourned. Have a nice 9 Thanksgiving everyone. 10 [Session ends at 9:25 p.m. ] 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Northwest Transcribers (425) 497-9760/(425)337-5211 -fax 87 LEGEND OF SYMBOLS USED - Indicates an incomplete sentence or broken thought. . . Indicates there appears to be something missing, from original sound track or a break in the testimony when switching either from Side A to Side B or swifching between tapes . [inaudible} 1 . Somethinq was said but could not be heard. 2 . Speaker may have dropped their voice or walked away from microphone,.. 3. Coughing in background, shuffling of papers, et cetera, which may have drowned out speaker's voice. , [sic] 1 . The correct spelling of that word could not be found, but is spelled phonetically, or — 2 . This is what it sounded like was said. [No response. ] There is a pause in proceedings, but no response was heard.. [No audible response. ] Possible that something was said, but woid or words could not be heard. [Dff-the-record discussion. ] 1 . Discussion not pertaining to case. 2 . Discussion between counsel and/or the Court, not meant to be on the record. Northwest Transcribers (425) 497-9760/(425) 337-5211 -fax 8 8 , C E R T S F I C A T E STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) I, Barbara A. Lane, do hereby certify under penalty of perjury of the laws of the State of Washington that the above and foregoing proceeding was recorded on CD earlier, and then later reduced to transcription by myself, and do hereby certify that this is a true and correct record of the proceedings. I do further certify that I am not a relative or employee of, or counsel for any of said parties, or otherwise interested in the event of said proceeding. Dated this 3rd day of December, 2012 . �����,� QoSa� Barbara A. Lane, CET**D-687 Northwest Transcribers Northwest Transcribers (425)497-9760i(425) 337-5211 -fax 8 9