RESOLUTION NO. 1822

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BONNEY LAKE, WASIDNGTON, APPROVING THE TRACY

PRELIMINARY PLAT ALSO KNOWN AS HEMLOCK RIDGE,

LOCATED AT 2836XXXHWY 410 E.

Whereas, on October 9,2007, the Hearing Examiner approved the variance request for the length of cul-de-sac; and

Whereas, the variance approval was not appealed; and

Whereas, on October 9,2007 the Hearing Examiner recommended approval of the Tracy Preliminary Plat, also known as Hemlock Ridge; and

Whereas, the City Council reviewed the application for the preliminary plat and on November 27,2008 denied the preliminary plat without prejudice and remanded the proposal to the Hearing Examiner for consideration of additional evidence, Resolution No. 1771; and

Whereas, on February 25,2008 the Hearing Examiner conducted a public hearing on the remand; and

Whereas, on March 7,2008 the Hearing Examiner issued a decision on the remand recommending conditional approval of the Tracy/Hemlock Ridge Preliminary Plat;

Now, therefore, the City Council of the City of Bonney Lake, Washington, do hereby resolve to accept the Hearing Examiner's recommendation for approval of the Tracy/Hemlock Ridge Preliminary Plat, subject to all development conditions contained and referenced in the Hearing Examiner's decisions of October 9,2007 and March 7, 2008.

The Council further resolves and finds that the proposed subdivision:

1. Meets all general requirements for preliminary plat approval as set forth in Chapter 17.12.030 BLMC, Criteria, and Chapter 17.20 BLMC, Design Standards; and

2. Meets the requirements of Chapter 58.17 RCW, other applicable state laws, Chapter 16 BLMC, and all other applicable ordinances which were in effect at the time of application; and

3. Makes appropriate provisions for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public

ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and

4. Serves the public use and interest.

The City Council directs planning staff to issue a Notice of Decision indicating approval of the preliminary plat as conditioned in this Resolution. RESOLVED this &� day of April, 2008.

ATTEST:

APPROVED AS TO FORM:

��BONNEY �.- .. -4(_rl2- - �'� '" .�� Planning & Community Development Department

Bart Tracy 26813 -153rd 8t. Ct. E. Buckley, WA 98321

March 7, 2008

RE: TRACY/PRELIMINARY PLAT/HEMLOCK RIDGE

Dear Applicant:

Transmitted herewith is the Remand Decision of the City of Bonney Lake Hearing Examiner relating to the above-entitled matter.

cc: arties of Record

Very truly yours,

KEITH D. McGOFFIN Deputy Hearing Examiner

City of Bonney Lake

City of Bonney Lake (253) 862-8602 • Fax (253) 862-8538

RECEIVED AR 1 I 2008

CITY OF BONNEY LAKE PERMIT CENTER

P.O. Box 7380 • 19306 Bonney Lake Blvd Bonney Lake, WA lJX3lJO-0944

OFFICE OF THE HEARING EXAMINER

BONNEY LAKE

REMAND DECISION

PRELIMINARY PLAT: TRACY/ PRELIMINARY PLAT/HEMLOCK RIDGE

APPELLANT: BART TRACY 26813 -153m> St. Ct. E. Buckley, WA 98321

AGENT/ATTORNEY: WILLIAM T. LYNN 1201 PACIFIC AVENUE, SUITE 2100 P.O. BOX 1157 TACOMA, WA 98401-1157

ENGINEER: BASELINE ENGINEERING, INC 1910 64'1'11 AVE WEST TACOMA, W A 98466

Bonney Lake Representatives: Heather Stinson, Planner Kathleen Haggard, Assistant City Attorney

SUMMARY OF REQUEST: The applicant proposes a residential subdivision consisting of 11 single-family residentiallots on approximately 3.6 acres. The zoning of the property at time of application was R-I. A variance was proposed from the maximum cul-de-sac length. This variance was approved by the Hearing Examiner on September 24,2007. The project is at 2836xxx Hwy 410 E. The Parcel Number is 0520293091. The property is currently vacant.

The hearing exam i ner approved the variance for the cul-de-sac length and recommended approval of the preliminary plat on October 9, 2007. Originally the applicant had requested a variance on the slope ofthe road as well but withdrew that request at the Public Hearing. There was no appeal on the variance approval, and pursuant to BLMC ,

the preliminary plat was forwarded to the Bonney Lake City Council for a decision. Discussion of the plat among the City Council members brought questions to li ght that the Council Members didn't think were adequately addressed. By Resolution # J 771, the City Council resolved that the plat should be denied without prej udice and remanded the matter back to the .Hearing Examiner to consider new evidence in the matter regarding the public safety concerns caused by delays to emergency vehicles, school issues, whether the applicant obtained an easement over the Manke plat and whether the access road will exceed the maximum gJ;ade articulated in the BLMC. The Examiner must consider and make findings regarding testimony or documents from the Bonney Lake Police Department and the East Pierce County Fire District in regard to public safety issues, including response times and access to the site during inclement weather and consider testimony or correspondence from the Sumner School District with regard to bussing issues.

The Hearing Examiner received Exhibit R-4 from the Sumner School District prior to the Public Hearing.

PUBLIC HEARING:

After reviewing the Planning & Community Development Departments Remand Report, and having reviewed the Council's Resolution, the Examiner conducted a public hearing on the Remand as follows:

The hearing was open on Monday, February 25th, 2008, commencing at 10:00 O'clock A.M. All parties wishing to testify on this hearing were sworn in by the Examiner. The following exhibits were submitted at the hearing and all are made a part of the record as follows:

EXHIBIT Rl - Staff Remand Report and Attachments EXHIBIT R2 - Resolution # 1771 EXHIBIT R3 - Easement Agreement EXHIBIT R4 - Jan 24, 2008 Letter fro111 Sumner School District EXHIBIT R5 - Sitts & Hill Map (Revised Plan) EXHIBIT R6 - 12-12-06 McDonald Letter EXHIBIT R7 - Manke Decision EXHIBIT R8 - 11-22-06 Staff Report EXHIBIT R9 - City Map EXHIBIT RIO - E-mail from Stinson EXHIBIT Rl1 - Annexation Documents EXHIBIT R 12 - Shipman Decision

Kathleen Haggard, assistant City Attorney, presented the two City's witnesses, John McDonald, Deputy Fire Chief from East Pierce County Fire District, and Dora Hubbard, assistant Police Chief, to provide testimony regarding the Public Safety issues of response time and coverage of the proposed preliminary Plat. She introduced Heather Stinson, Planning and Community Development representative. She outlined the

2

concerns of the City Council regarding the safety issues wiU1 the steepness of the road and the topography and the Resolution denying the preliminary plat. She called John McDonald who testified that he is the Deputy Fire Chief of the East Pierce County Fire District and said he saw the Revised Site Plan that was Exhibit R5, which was on the stand and he saw the new cul-de-sac turnaround at the bottom of the plat. He said the length of the cul-de-sac exceeded the 660 foot length maximum under the City Code and he had concerns of the steepness of the access road. He said the 1 100 foot length of the road would delay "esponse time as there is only one access to the site. He said the BPA right of way caused a concern, as it is adjacent to the proposed plat and they have had brush fires along the right of way, for lack of maintenance by BP A. He noted the tllrnal'ouuds, both at the top and the bottom of the plat . He said SR 410 ( Elhi Hill) had jersey baniers preventing access te, the site from the bottom of SR 410, but the fire station is at the top ofthe hill. Initial response time would not be affected, but back up from other Districts would have to go up the hill, turn around and back down to the access road to the plat and cause a delay in response time. He said the speed limit on the hill is 45 mph and causes congestion of traffic during peak hours.

Mr Lynn on cross-examination.

Mr. McDonald said he was aware of the Manke Plat which had a longer cuI-dc-sac ( 1800 feet) and its approval by the City and (he fire department and police department had no objection to the length or response time at that hearing. R5, map, was introduced and McDonald said they had concerns on the steepness of the grade and the length of the cul­de-sac. Mr. Lynn introduced R6, a letter from Deputy Chief McDonald, which stated they supported the variance for the 1 800 foot length cuI-dc-sac in the Manke Plat Variance with the installation of approved fire sprinkler systems in the structures. McDonald said he would approve a variance with the same sprinkler system requirement for the Tracy plat. Mr. Lynn asked if the Fire Department made any COllunents in the EIS, and McDonald said: "No". He also said he did not appear or testify in the previous Examiner's hearing on the Tracy Plat. He said he was aware of the Council's concerns. He said the fire station is less that one mile from the site and has adequate response time and is better than some other places in the City and he said he was not unhappy with the proposed plat. The slope on the access road was a concern but the new cul-de-sac or turn around at the bottom reduced the concern. He knows there are other cul-de-sacs that are more than the 660 feet maximum length of the BLMC. Mr. Lynn outlined the variance process for the length of the cul-de-sac and the Examiner's approval of same and Mr. McDonald acknowledged the Department offered no comment on same at the previous hearing. There was a discussion concerning the brush fires on BP A right of way and whether or not it would be better to have backyards and lawns and water available along the adjacent right of way. McDonald said it would have a greater degree of hazard than other locations away from the BPA right of way, but admitted sprinklers, as in the Manke plat, would mitigate the hazard. Mr. Lynn stated the variance for the slope was withdrawn and the engineering plan was to meet the BLMC for road standards. Mr. McDonald said he wanted to review the revised site plan and had no 1110re comments.

3

The City called Dora Hubbard, assistant Police Chief. She said she had 16 years experience. She said she had looked at R-5 and her only concern on response time would be if the Department had another call and had to go up Eli Hill and then back down to the access road. She said it was no different than anywhere else in the City. It was a minor concern.

Mr. Lynn on cross-examination.

He asked about the additional time it would take to turn around and go back up and then go back to the access to the plat. She said it would take longer, especially in the afternoon peak traffic times. She said they 3 to 6 officers on duty with separate cars. She said they are other places in town with barriers and the response time would be the same as other places in town.

Chief McDonald said that the fire standards would be the same as for the Manke Plat.

Mr Lynn summarized their position. He pointed out that the Sumner School District will serve the plant and had requested the additional turnaround or cuI-de-sac at the bottom of the plat, which the applicant has included in the revised site/ plat plan. Mr. Lynn pointed out that in Finding # 2 of Resolution 1771 that the Examiner's Decision for the variance was not appealed and therefore was final determination of the issue. He pointed oui that Finding #9 was inconsistent with Finding #2. He submitted R7, Manke Decision & R8, Manke Staff Report approving a longer cul-de-sac. He submitted R9, a City map and showed the proposed plat was nearer the center of town than many areas of the City, and that response time was not an issue. He said the variance was granted and there was no appeal. He said they must meet the standards of the BLMC and the length of the cul-de­sac has already been approved. He said the access is closer to alJ services including police, fire, groceries, churches etc. than most of the City. He submitted RIO, an E-mail from Heather Stinson, and it was objected to by the City Attorney on the grounds that the author was not giving the City's position but her own. The Examiner allowed it to be entered into the record. Mr Lynn then pointed out that at the time of annexation of this property to the City the City said it could provide fire and police and other services to the property even though SR410 had barriers. He submitted R 12, Shipman Decision, to show there was no other access to this site. He again pointed out that R5 shows a 2nt! turn around or cul-de-sac at the bottom of the plat. He said the slope and grade of the roads will meet City standards

Ms. Stinson, in answer to a question from the Examiner, said that the access road would have to meet the standards before the final plat was approved so the slope is not an issue. Assistant Police Chief Hubbard said the response time was not a safety issue.

No further comments were received, and the Examiner concluded the public hearing and took the matter under advisement.

NOTE: A complete record of this hearing is available in the office of the Department of Planning and Community Development of the City of Bonney Lake.

4

FINDING, CONCLUSIONS AND DECISION

FINDINGS:

1. The Hearing Examiner has admitted documentary evidence into the record, viewed the property, heard the testimony, reviewed the repOlis, and exhibits, and the record and reviewed the hearing.

2. Notice and publication were given pursuant to the law.

3. The applicant proposes a residential subdivision consisting of 11 single-family residcntiallots on approximately 3.6 acres. The zoning of the prope11y at time of application was R-l. A variance was proposed from the maximum cuI-dc-sac length. This variance was approved by the Hearing Examiner on September 24, 2007. The project is at 2836xxx Hwy 410 E. The Parcel Number is 0520293091. The property is currently vacant.

The hearing examiner approved the variance for the cuI-dc-sac length and recommended approval of the preliminary plat on October 9,2007. Originally the applicant had requested a variance on the slope of the road as well but withdrew that request at the Public Hearing. There was no appeal on the variance approval.

4. The preliminary plat was forwarded to the Bonney Lake City Council for a decision. Discussion of the plat among the City Council members brought questions to light that the Council Members didn't think were adequately addressed. By Resolution # 1771> the City Council resolved that the plat should be denied without prejudice and remanded the matter back to the Hearing Examiner to consider new evidence in the matter regarding the public safety concerns caused by delays to emergency vehicles, school issues, whether the applicant obtained an easement over the Manke plat and whether the access road will exceed the maximum grade articulated in the BLMC. The Examiner must consider and make findings regarding testimony or documents fro111 the Bonney Lake Police Depmtment and the East Pierce County Fire District in regard to public safety issues, including response times and access to the site during inclement weather and consider testimony or correspondence from the Sumner School District with regard to bussing issues.

5, The applicant provided a copy of the easement over the Manke Plat, Exhibit 3, that provides for access through the Manke property.

5

6. The Council remand to the Examiner outlined the paramount issues in regard to public safety issues caused by the delays to emergency vehicles:

a. Response time and access to the preliminary plat site for the Sumner School District.

h. Response time and access to the preliminary plat site for the fire department.

c. Response time and access to the preliminary plat site for the police department.

d. Whether the access road exceeds the maximum grade required by the BLMC.

7. The Sumner School District submitted a letter dated January 24, 2008, Exhibit 4, which reviewed the access plan for the Tracy Plat and the School District stated it will serve the plat as long as an adequate turnaround is provided for school buses and it was the District understanding that a full cui-dc-sac internal to the plat would be provided. Further, the District understood the grade to be 8%, and that it was unknown whether or not transportation services could be provided in inclement weather. The District requested an additional tumaround closer to SR 410 to serve as an additional safety alternative for student pick up.

8. The applicant presented Exhibit 5, a revised site plan, which showed a second turnaround at the bottom of the proposed plat, and both turnarounds were designed to meet BLMC standards.

9. Deputy Fire Chief John McDonald raised concern for the length and the grade of the cul-de-sac at 1100 feet, beyond the 660 feet maximum allowed by the BLMC, and that there is only one access to the site, and that was from SR 410. He further had concerns for brush fires on the BPA right of way, adjacent to the proposed plat site.

10. His concern for the Jersey barriers on SR 410 was for secondary response to the plat site as the vehicles would have to go up the hill and then back down SR 410 to the access road to the plat site.

11. Chief McDonald had no objection to a longer cui-de-sac and steeper grade for the Manke Plat on the condition the structures were installed with fire sprinkler systems. He further stated the response time estimated for the Tracy Plat was adequate and better than other places in the City.

12. Chief McDonald after review of the revised site plan, Exhibit 5, stated the conditions were the same as the Manke Plat and response time was adequate.

13. Deputy Police Chief Dora Hubbard stated the response time to the Tracy plat was of minor concern and similar to anywhere else in the City. The plat is down the hill from the safety buildings and closer in response time than many areas of the City. Chief Hubbard

6

stated the secondary response time would be longer if the vehicles were down Elhi Hill and had to. go up SR 410 and then back down.

14. The proposed grade of the access road to the proposed plat as set forth in Exhibit 5 would be 8% and within the standards required by BLMC, and if the access road cannot be constructed to said grade, approval of the Final Plat would be withheld by the City, (testimony from Heather Stinson, planner).

BASED ON THESE FINDING, THE EXAMINER MAKES THE FOLLOWING:

CONCLUSIONS:

1, The Hearing Examiner has the jurisdiction to hear, consider and decide the issues presented by this remand,

2, There is not a public safety issue as to the length of the cul-de-sac, the grade of the access road and the response time for emergency and school vehicles provided the grade ofthe road is 8% and within the standards of the BLMC, the applicant provides for a second turnaround at the bottom of the plat near SR410 and the turnarounds are within the standards of the BLMC, and the structures are installed with approved fire sprinkler systems.

3. The response times for fire and police are adequate and the same as other areas of the City and in many case, better than this proposed Plat.

4. The length and grade of the access road to the Tracy Plat is shorter and meets the grade standards of the BLMC better than the approved Manke Plat. The granting of the variance should be upheld.

5, The Tracy/Hemlock Ridge preliminary plat should be approved,

7

DECISION

The Hearing Examiner does hereby reiterate the granting of the variance and does recommend approval to the City Council of the Tracy/Hemlock Ridge Preliminary Plat subject to the fo11owing conditions:

1. The structures in the plat are installed with approved fire sprinkler systems.

2. A second turnaround be constructed at the bottom of the plat, as set forth in Exhibit 5, nearer SR41 0 and both tumarounds be constructed pursuant to the BLMC road/street standards.

3. The grade of the access road in the preliminary plat meet the standards of the BLMC.

114"'- r 1 .--.... DATED THIS day of Y1 CAA-c.... V L

Deputy Hearing Examiner

8

TRANSMITTED this 8th day of March, 2008, to the following:

APPELLANT:

ATTORNEY:

ENGINEER:

OTHERS:

Bart Tracy 26813 - 153rd St. Ct. E. Buckley, WA 98321

William lynn P.O. Box 1157 Tacoma, WA 98401

Baseline Engineering, Inc. 1910 64th Avenue West Tacoma, WA 98466

Robert and Kathryn Dalton 7739 176th Avenue E. Bonney lake, WA 98391

City of Bonney Lake Heather Stinson P.O. Box 7380 19306 Bonney lake Boulevard Bonney Lake, WA 98390

CASE NO. TRACY/PRELIMINARY PLAT/HEMLOCK RIDGE

NOTICE

Pursuant to City of Bonney Lake, this decision becomes final and conclusive on March

24, 2008 , unless:

1. RECONSIDERATION: Any aggrieved person feeling that the decision of the

Examiner is based on errors of procedure or errors of misinterpretation of fact may

make a written request for review by the Examiner in writing and filed not later than 5:00

p.m. on March 18, 2008, with the Planning and Community Development Department.

This request shall set forth the alleged errors or misinterpretations, and the Examiner

may, after review of the record, take such further action as he deems proper and may

render a revised decision.

'. 2. APPEAL OF EXAMINER'S DECISION: The final decision by the

Examiner on any land use matter within his jurisdiction may be appealed to the City

Council by the applicant, a department of the city or county, or other party of record or

agency with jurisdiction. Said appeal procedure is as follows:

The appellant must file written notice of appeal with the Planning and Community

Development Department in writing with an appeal fee as required by the Department

no later than 5:00 p.m. on March 24. 2008.

NOTE: In an effort to avoid confusion at the time of filing a request for reconsideration or an appeal, please attach this page to the request or appeal.

-1-

RESOLUTION NO. 1771

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, WASHINGTON, DENYING THE TRACY PRELMINARY PLAT, ALSO KNOWN AS

HEMLOCK RIDGE, LOCATED AT 2836XXX HIGHWAY 410 EAST

Whereas, having reviewed the proposed preliminary plat, Tracy/Hemlock Ridge, and considered the Hearing Examiner's recommendations, the City Council now makes the following findings and conclusions:

Findings and Conclusions

1. The Tracy/Hemlock Ridge preliminary plat is an 11-lot residential subdivision proposed for the steep slope that forms the City of Bonney Lake's western border.

2. Access to the subdivision will be via a cul-de-sac from State Route 410, crossing over an alleged easement through the Manke short subdivision. The Hearing Examiner granted a variance to allow an 1100 foot cul-de-sac, almost double what the Bonney Lake Municipal Code (BLMC) allows without a variance. The criteria for a variance for public improvements under BLMC § 17.24.100 are that: (A) the land has unique topographic or physical features rendering compliance with the design standards impractical; and (B) the variance will not change the essential nature of the general area in and around the plat. The variance was not appealed, and so the Hearing Examiner's decision with regard to the two above criteria is final.

3. Upon its review of a preliminary plat, the City Council may revise or reject the findings of the Hearing Examiner with regard to preliminary plats, and make its own decision regarding whether the plat should be approved. BLMC § 14.80.090.

4. RCW 58.17.110 states as follows:

A proposed subdivision and dedication shall not be approved unless the city, town, or county legislative body makes written findings that: (a) Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools

and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and (b) the public use and interest will be served by the platting of such subdivision and dedication.

5. The evidence in the Hearing Examiner's record fails to demonstrate that the proposed plat makes appropriate provisions for the public health, safety, and general welfare, ensures safe conditions for students walking to and from school, or serves the public interest.

6. The proposed plat presents significant traffic hazards and inconvenience to motorists coming to and from the site. Because State Route 410 has a median barrier, the site has only right-in, right-out access onto SR 410. The only way to leave the site is to turn right onto SR 410 and proceed to Stunner. To travel back to Bonney Lake, motorists must exit at the bottom of the hill in Sumner (166th Avenue) and turn back onto the highway's southeast-bound lanes. Peak automobile travel west-bound on State Route 410 occurs in the morning hours, when residents of the subdivision would be leaving for work. Traffic

on SR 410 has been increasing, and back-ups are common. Vehicles coming from Sumner would have to pass the site, turn back onto the highway's southeast bound lanes, then return to the site to make a right-hand turn. U-turns and turn-arounds will cause hazards and delays, especially at peak traffic hours. Peak automobile travel eastbound on State Route 410 occurs in the afternoon hours, when residents of the subdivision would be returning from work. Traffic on SR 410 has been increasing, and back-ups are common. Access problems will likely be aggravated during inclement weather such as snow and ice.

7. The proposed access impairs the public safety by slowing the response time of emergency vehicles to and from the scene. Fire engines and police cars will suffer the same delays and back-ups as civilian vehicles when attempting to enter or leave the site, compromising the safety of the residents in the subdivision and elsewhere in the City. In addition, fire engines may not be able to execute efficient turn-arounds in the cul-de-sac, further slowing their responsiveness.

8. The Sumner School District opposes approval of the plat because the restricted access to

the plat, as well as its location off ofSR 410, would limit the school district's ability to pick up students and compromise the safety of school children and potentially require a bus to make a u-turn on a state highway.

9. The Applicant withdrew its request for a variance from the maximum street grade contained in BLMC § 17.20.050B (14%) and the Public Works Design Standards Table 600-1 (10%). The Applicant has not established that the steepness of the access street, proposed as a cul-de-sac, meets these standards, or that the Applicant meets the criteria for a variance.

10. The Applicant has not shown proof of an easement through the Manke plat that would accommodate the proposed access road.

11. Now, therefore, the City Council of the City of Bonney Lake hereby resolves that the plat should be denied without prejudice. The proposal shall be remanded to the Hearing Examiner for consideration of additional evidence regarding the public safety concerns

caused by delays to emergency vehicles, as well as evidence as to whether the Applicant has obtained an easement over the Manke plat, and whether the planned access road will exceed the maximum grade articulated in the BLMC. The Hearing Examiner must, at a

minimum, consider and make findings regarding testimony or documents from the

Bonney Lake Police Department and East Pierce Fire and Rescue with regard to public safety issues, including response times and access to the site during inclement weather, and consider testimony or correspondence from the Sumner School District with regard to the school bussing issue.

PASSED by the City Council this 27th day of November, 2007.

APPROVED:

ATTEST :

APPROVED AS TO FORM:

Tracy Vicinity Map

ST (ORTOtl RO E)

M]i,-,- 'ST. 0 , 'oE ' .' , I .

.I

75TH ST CT E

" .

\

UJ ....

>t <::: J: 1;. 1- :: R 10\ �j"'"

\. . ��'-":� o I .' '1

. 1\ .. -: . . 'I \ I . : I \ . d

. ,. . . . . :

RECEiVED AUG 1 9 2005

CITY OF BONNE ,r<.E PERMIT CENTEf:}

I -" -" -" -" -'1

.' J j

70TIt ST E

iT! !l-7�tI �v cr

!.

0" .'. -

PRELIMI��ARY PLAT PORTIOI\I OF THE SW 1/4 OF SECTION 29, TOWNSHIP 201\1., RANGE 5E" W.M, AND A PORTIOI" OF THE NW 1/4 OF SECTION 32. TOWNSHIP 20N" RANGE 5E., W.M.

IN THE CITY OF BOt'>lNEY LAKE. PIERCE COUNTY, WASHINGTON

City of Bonney Lake, Washington

Council Agenda Bill (C.A.B.) Approval Form

De,Qartment/Staff Contact: Council/Wrksh,Q Mtg Date: Planning &Community April 8,2008 Developmentl John P. Vodopich

Ordinance Number: Resolution Number:

1822 BUDGET INFORMATON

2007 Budget Amount Reguired Ex�enditure Im�act 0 0 0

Ex�lanation:

Agenda Subject: Tracy Preliminary Plat, also known as Hemlock Ridge

Administrative Recommendation: Approve the Resolution as presented

Background Summary:

Agenda Item Number:

AB08-7S

Councilmember S,Qonsor:

Remaining Balance 0

The proposed TracylHemlock Ridge preliminary plat consists of 11 single-family lots and 1 storm water tract on a parcel that is 3.6 acres in size located at 2836xxx Hwy 4 10 E. The Hearing Examiner issued his decision approving the variance for the length of the cul-de-sac and recommended approval of the preliminary plat on October 9,2007.

The City Council reviewed the application for the preliminary plat and on November 27,2008 denied the preliminary plat without prejudice and remanded the proposal to the Hearing Examiner for consideration of additional evidence, Resolution No. 1771.

The Hearing Examiner conducted a public hearing on the remand on February 25,2008 and on March 7,2008 issued a decision recommending conditional approval of the Tracy/Hemlock Ridge Preliminary Plat. The remand decision was not appealed.

Preliminary Plats are considered a Type 6 permit - the Council is tasked with considering the Hearing Examiner's recommendation and deciding on the proposal accordingly BLMC 14.80.090.

The proposed Resolution No. 1822 accepts the Hearing Examiner's recommendation on the remand issue and conditionally approves the TracylHemlock Ridge Preliminary Plat.

Attachments: • Proposed Resolution No. 1822 • Hearing Examiner Remand Decision dated March 7,2008 • Resolution No. 1771 approved November 27,2008 • Vicinity Map dated August 19,2005 • Trac Prelimin Plat ma

Council Committee Dates: Agency/Commission Dates: Finance Committee: Planning Commission : Public Safety Committee: Community Development & Planning Design Commission: Committee: 4/7/08 Council Meeting: Civil Service Commission:

Council Action' Council Call for Hearing: Council Hearings Date:

Council Referred Back to: Workshop:

Board/Hearing Examiner Dates:

Park Board:

Hearing Examiner: 2/25/08 Hearing; 3/7/08 Decision

Committee Council Tabled Until: Council Meeting Dates: 4/8/08

Mayor Date City Attorney reviewed A ril l, 2008