HomeMy WebLinkAbout5364 ORDINANCE NO. 5 3 6 4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AMENDING CHAPTER 18.76 ENTITLED PLANNED UNIT
DEVELOPMENT (PUD) - LAKELAND HILLS SOUTH SPECIAL PLAN AREA
AND ITS EXHIBIT "A"
WHEREAS, the City adopted Chapter 18.76 two years ago to reflect the
Lakeland South development that the City was expecting to annex in Pierce
County. The chapter was written such that it reflected previous approvals that
Pierce County had given as well as be somewhat comparable to the City's PUD
ordinance.
WHEREAS, Since the chapter was adopted two years ago the previous
owner has lost his financing and the project was subsequently sold to another
company. Because of the change of ownership not much construction activity
had taken place. That has now changed and the activity has significantly
picked up.
WHEREAS, be. cause of the increase of the construction activity and the
increased use of Chapter 18.76 it has been determined that the Chapter
contains some errors, omissions and conflicts that need to be corrected. These
include issues of lot width, setbacks, fence requirements, development
standards for commercial development, planting of trees and hours of
construction activity.
WHEREAS, the Planning Commission at its March 7, 2000 meeting
Ordinance No. 5364
March 30, 2000
Page 1
conducted a public hearing on the proposed amendments and at the
conclusion of the hearing recommended to the City Council that the
amendments be approved.
WHEREAS, the City Council at its March 20, 2000 meeting considered
the Planning Commission recommendations and affirmed the Commission's
recommendations with one amendment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY QF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section1. The City Council hereby adopts the amendments to Chapter
18.76 and its Exhibit "A" attached hereto and incorporated herein by this
reference.
Section ;2. GON~ITITUTIONALITY OR INVALIDITY: If any section,
subsection, clause, phrase, or sentence, of this Ordinance, is for any reason
held to be invalid or unconstitutional, such invalidity or unconstitutionality of the
remaining portions of this ordinance, as it is being hereby expressly declared
that this ordinance and each section, subsection, clause, phrase, or sentence,
hereof would have been prepared, proposed, adopted, and approved and
ratified irrespective of the fact that any one or more section, subsection, clause,
phrase, or sentence, be declared invalid or unconstitutional.
Section 3. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation.
Ordinance No. 5364
March 30, 2000
Page 2
Section 4. This ordinance shall take effect and be in force five (5) days
from and after its passage, approval, and publication, as provided by law.
INTRODUCED: April 3, 2000
PASSED: April 3, 2000
APPROVED: April 3, 2000
CHARLES A. BOOTH
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
PUBLISHED:
Ordinance No. 5364
March 30, 2000
Page 3
Chapter 18.76
PLANNED UNIT DEVELOPMENT (PUD) DISTRICT - LAKELAND
HILLS SOUTH SPECIAL PLAN AREA
Sections:
18.76 010 Purpose.
18.76 020 Process.
18.76 030 Definitions.
18 76 040 Permitted Uses.
18 76 050 Calculation of Number of Dwelling Units.
18 76 060 Development Standards.
18 76 070 Design Requirements.
18 76.075 Landscaping and Screening Requirements.
18 76.077 Sign Requirements.
18.76.080 Public Infrastructure Requirements.
18.76.090 Application for a Major Amendment to the PUD
Designation.
18.76.100 Phased Developments.
18.76.110 Concurrence with Subdivision Regulations.
18.76.120 Administrative Review of Major Amendments.
18.76.130 Hearing. Examiner Review.
18.76.140 Findings of Fact.
18.76.150 City Council Action.
18.76.160 Site Plan Approval.
18.76.170 Adjustments to theApproved PUD Plan.
18.76.180 Property Owner's Association.
Section 18.76.010 Purpose.
The Comprehensive Plan provides the Lakeland hills
South Special Area Plan is intended to be consistent with
the conditions of approval of the Lakeland Hills South PDD
(Pierce County Hearings Examiner Case No. Z15-90/UP9-70) as
amended. The conditions of approval which remain applicable
are attached hereto as Exhibit A and incorporated herein by
reference.
Auburn has accepted the Lakeland Hills South PUD as an
approved PUD. Therefore, this Purpose Section shall apply
to Minor and Major Amendments to the Lakeland Hills South
PUD.
The purpose of a Planned Unit Development (PUD)
District is to offer enhanced flexibility to develop a site
through innovative and alternative development standards.
A PUD District also allows for a greater range of
residential development scenarios, provides for internal
18.76-1
transfers of density, and may result in more dwelling units
than may be realized by using the existing development
standards. In exchange for this enhanced flexibility, the
City will require the PUD to result in a significantly
higher quality development, generate more public benefit
and be a more sensitive proposal than would have been the
case with the use of standard zoning or subdivision
procedures.
In order for a PUD to be approved it will be the
applicant's responsibility to demonstrate, to the City's
satisfaction, that the proposed'PUD achieves or is
consistent with the following desired public benefits and
expectations in whole or in part.
A. Preservation of Natural Amenities: Preservation of
desirable site characteristics such as open spaces and
the protection of sensitive environmental features
including steep slopes, rivers, creeks, wetlands,
lakes and scenic views.
B. Pedestrian Oriented Communities: Use of traffic
management and design techniques to reduce traffic
congestion and increase the potential use of
alternative modes of travel such as mass transit,
pedestrian and bicycle traffic. ,
C. Land'Use Efficiencies: Provide efficient and
effective use of land, open space'and public
facilities that result in lower development cost and
make housing more affordable.
D. Implementation of the Comprehensive Plan: Provide
development that is consistent .with the goals and
policies of the Comprehensive Plan. PUD's may also
allow for a small amount of development from other
Comprehensive Plan designations if determined to be
appropriate for the PUD and its surroundings.
E. Enhanced Design Features: Provide building and
structural designs that complement surrounding land
uses and their environment. Design standards should
reflect quality site planning, landscaping and
building architecture.
F. Creation of Public Amenities: Enhance parks and open
spaces consistent with the Comprehensive Park Plan and
non-motorized plan.
G. Affordable Housing: Provide affordable housing
options in accordance with Auburn's Comprehensive
Plan.
18.76-2
Section 18.76.020 Process.
The approval process for Major Amendments to the
Lakeland Hills South PUD is three steps. The first step is
a recommendation by the Hearing Examiner and final approval
of the PUD or Major Amendment by the City Council using the
p. rocess applicable to a rezone, Chapter 18.68. The second
step is the approval of either a preliminary plat, a site
plan, or a combination of both. Where a preliminary plat
has been proposed, the third step is the approval of a
final plat by the City Council. Step two may be combined
with step one.
A. Step one - PUD Major Amendment approval: Approval of
a Major Amendment to the Lakeland Hills South PUD
shall be applied by the rezone process as specified in
Chapter 18.68. Generally, a Major Amendment will be
required because a specific proposal within a planning
area necessitates an amendment. For the. proposal
triggering the need for the Major Amendment, the Major
Amendment shall establish the land uses, density,
number and types of dwelling units, number and
distribution of lots/units, any modification of plat
development standards, general street layout, street
right of way widths, whether streets are public or
private, the amount, type, and location of open space
and park land, phasing plans if any, and the
responsibilities of the owner/developer. If there is
no specific proposal, the Major Amendment shall
establish these parameters to the extent possible.
Application for PUD Major Amendment approval shall be
in accordance with Section 18.76.090.
B. Step two - preliminary plat site/plan approval: For
those Major Amendments to the Lakeland PUD that
consist of only single family or duplex platted lots,
a preliminary plat may be filed pursuant to Chapter
17.06 of the Auburn City Code. For all other uses, a
site plan must be approved by the Director of Planning
pursuant to Section 18.76.160. Preliminary plat and
site plan approval must be concurrent if a PUD
requires both approvals. Preliminary plat/site plan
applications may be for all or a portion of a planning
area. Applications for a site plan shall be in
accordance with 18.76.160.
C. Step three - final plat approval: Final plats shall
be approved pursuant to Chapter 17.10 of the Auburn
City Code. ' -
18.76-3
Section 18.76.030 Definitions.
A. Community Center/Recreation Facilities: For the
purposes of this chapter, Community Center/Recreation
Facilities means a building with associated amenities
intended or designed to be used for community meetings
and recreation and may include facilities within and
adjacent to the building for offices, kitchen, storage
space, bathrooms, sales and information, swimming
pools, sportcourts, tennis courts, playgrounds, and an
outdoor amphitheater.
B. Density: For the purposes of this chapter, density
means the maximum number of dwelling units per acre
allowed within a given area.
C. Department: For the purposes of this chapter, the
term Department shall refer to the City of Auburn
Department of Planning and Community 'Development.
D. Gross Area: {also referred to as Gross. Acreage or
Gross Useable Area} For the purposes of this chapter,
gross area shall be defined as all of the area within
the boundaries of the entire PUD site including all
public and private parcels, rights-of-way, open
spaces, common areas, and dedications.
E. Lot Types: These definitions apply to dwellings on
fee simple lots:
1. Detached, detached lots are lots which the
structure on the lot is set back from all the lot
lines.
2. Zero setback, zero setback lots are lots which
the structure on the lot does not have a set back
from one of the interior side lot lines and is
not attached to another structure on an adjoining
lot. The structure is set back from all
remaining lot lines.
3. Semi-attached , semi-attached lots are lots which
the structure on the lot does not have a setback
from one of the interior side lot lines and is
attached to'another structure on an adjoining
lot. The structure is set back from all
remaining lot lines.
4. Attached, attached lots are lots which the
structure on the lot does not have a setback from
either of the interior side'lot lines and is
atta-ched to another structure on both adjoining
lots. The structure is set back from all
remaining lot lines. '
18.76-4
F. Net Area: {also referred to as Net Acreage or net
usable area} For the purposes of this chapter, net
area shall be defined as'the gross area minus the area
designated as non buildable areas and non-residential
uses.
G. Non buildable Areas: Non buildable areas include;
slopes that exceed 25% measured between each 25 foot
contour line; wetlands delineated pursuant to the
definition of "Wetlands" contained within section
16.06.030 of the Auburn City Code; or floodways as
defined by section 15.68,060(I) of the Auburn City
Code. Slopes, wetlands, or floodways that are allowed
to be modified by the City may be considered
buildable. Wetland buffers are not considered non-
buildable areas. Non buildable areas for each
planning area will be determined following the
completion of mining for the planning area pursuant to
Pierce County Permit UP9-70 as it may be amended.
H. Official Lakeland Plan Map: For the purposes of this
chapter, the official Lakeland Plan Map is the Final
Development Plan for Lakeland attached hereto as
Exhibit B and legally described in Exhibit C.
Exhibits B and C are incorporated h~ein by reference.
I. Open 'Space: For the purposes of this Chapter open
space may include such features aS landscaped areas,
held in conunon ownership by a Homeowners Association
and part of a landscape plan common to the entire PUD,
passive and active recreation uses, natural features,
environmental amenities such as wetlands and their
buffers, and, storm water facilities that incorporate
any or all of the above identified features. Open
space areas shall be required to be enhanced if not
already an existing amenity. Areas intended to be
left in their natural state, including but not limited
to, wetlands and their buffers and steep slopes shall
be considered an existing amenity. The open space
must be a permanent, integral, and functional amenity
that is for the common good and enjoyment of the
residents of the entire PUD and not just to an
individual lot or resident. Landscaped areas, private
parks, and improvements within open space areas shall
be maintained by the Homeowners Association. Open
space for the Lakeland Hills South Special Area Plan
is shown on the Official Lakeland Plan Map and shall
be provided in accordance with the First Amendment to
Lakeland Annexation and Utilities Agreement as adopted
by City Council Resolution No. 2955.
18.76-5
J. Planning Area: For the purposes of this Chapter,
Planning Area refers to the areas referred to as
residential, senior, commercial, community center,
school, and park/open space on the Official Lakeland
Plan Map.
K. Private street: Private street means any access
easement, tract or street which is not a public
street. Driveways which are not part of an access
easement, tract or street shall not be considered a
street.
L. Public street: Public street includes all streets,
highways, freeways, avenues, lanes, courts, places or
other public rights of way in the City held in public
ownership and intended to be open as a matter of right
to public vehicular traffic.
M. Senior Housing and Services: For the purposes of this
chapter, Senior Housing and Services means living
accommodations where at least one member of the
household is age 55 or over and all members of the
household are as least 18 years of age. Dwelling
units may consist of independent living units
comprised of attached and detached single-family and
multifamily dwellings where elderly ~individuals or
families provide rooms, meals, personal care,
supervision of self-administered medication,
recreational activities, financial services, and
transportation, and may include Alzheimer's care and
health care facilities. For the purposes of the
chapter, Alzheimer's care facilities which have no
more than one congregate kitchen and dining area will
be considered one dwelling unit.
Section 18.76.040 Permitted Uses.
A. Residential:
1. Housing concepts of all types limited only by the
density allowed in the Official Lakeland Plan
Map. Examples include the following:
a. Single family detached homes.
b. Condominiums, apartments, and townhouses.
c. Customary accessory uses and structures
common to single family homes or multi-
family dwellings.
d. Home occupations authorized by and subject
to the standards of Chapter ACC 18.60.
18.76-6
e. Mini-storage and storage or parking of
recreational vehicles for residents of the
individual development.
f. Non-residential or municipal uses such as
schools, churches, libraries, police, parks
or fire facilities as authorized in the
PUD.
g. Home based daycare.
h. Community centers/recreation facilities.
i. Senior housing and services.
2. Parks.
B. Non-Residential: Uses permitted by ACC 18.26 as
authorized in the development plan.
C. Conditional Uses: Permitted throughout the PUD
Pursuant to ACC 18.64 and as specifically authorized
by the development plan, including:
1 Civic and social fraternal clubs.
2 Mini-daycare and daycare centers.
3 Preschools or nursery schools.
4 Religious institutions.
5 Utility substations.
6 Municipal Services
a. Police
b. Fire'
c. Library
7. Mini Storage and storage or parking of
recreational vehicles for residents of the PUD.
Section 18.76.050 Calculation of number of dwelling units.
The maximum number of dwelling units allowed in a
planning area is calculated in the following manner:
A. Non buildable areas and land set aside for
nonresidential land uses are subtracted from the gross
area of the site to determine the net usable area of
the site. For the purposes of this section, non
buildable areas do not include public or private
streets or driveways within a planning area.
Bo The number of acres of the net usable area of the
planning area is multiplied by the residential
densities allowed in the Official Lakeland Plan Map to
produce the maximum number of dwelling units. Any
fractions may be rounded up to the nearest whole
number as long as the densities as outlined in section
18.76.050(C) are not exceeded.
18.76-7
C. Residential densities within each planning area
allowed by the Official Lakeland Plan Map are as
follows:
Allowable Residential Densities
Lake Hills South Maximum Number of
Comprehensive Plan Map Dwelling Units per
Designation Acre
Single Family 6 units per acre
Moderate Density
Residential 14 units per acre
High Density
Residential 19 units per acre
Section 18.76,060 Development Standards
The following development standards wilt apply for
each development within the planning areas shown on the
Official Lakeland Plan Map. Except where modified by these
standards, all standards of the Auburn City Code apply.
Front yard setbacks are measured from the edge of the right
Of way for lots fronting on public street~ and from the
face of the curb, or the midpoint if a rolled curb is used,
for private streets.
A. Single Family Planning Areas. Single Family Planning
Areas are those planning areas with a permitted density of
1-4 and 2-6 dwelling units/acre. Within these planning
areas, the following development standards .apply:
1. Single-Family Detached - One (SFD-1) Development
Standards
a. Minimum lot area: 7,000 square feet
b. Minimum lot width: 65 feet
c. Minimum lot depth: 100 feet
d. Building footprint coverage: 55%
e. Minimum yard setbacks:
1. Front: ten (10) feet to porch, fifteen
(15) feet to residence, twenty (20)
feet to garage
2.
Side: five (5) feet
3.
Side, street: ten (10) feet
4. Rear: twenty (20) feet
5. Accessory structures and alley-loaded
garages shall meet all the required
setbacks of the zone with the exception
that the rear ~ard setback may be
reduced to five (5) feet
18.76-8
f. Maximum building height
1. Main building: two and one-half (2 1/2)
stories, not to exceed thirty (30) feet
2. Accessory buildings: two (2) stories,
not to exceed twenty-four (24) feet
2. Single-Family Detached - Two (SFD-2)
a. Minimum lot area: 5,400 minimum
b. Minimum lot width: 60 feet
c. Minimum lot depth: 90 feet
d. Building footprint coverage: 55%
e. Minimum yard setbacks:
1. Front: ten (10) feet to porch, fifteen
(15) feet to residence, twenty (20)
feet to garage
2. Side, interior: five (5) feet
3. Side, street: ten (10 feet
4. Rear: twenty (20) feet
5. Accessory structures and-alley-loaded
garages shall meet all the required
setbacks of the zone with the exception
that the rear.yard setback may be
reduced to five (5) feet
f. Maximum building height: ~
1. Main building: two and one-half (2 1/2)
stories, not to exceed thirty (30) feet
2. Accessory buildings: two (2) stories,
not to exceed twenty-four (24) feet
3. Single-Family Detached - Three (SFD-3)
a. Minimum lot area: 4,250 minimum
b. Minimum lot width: 50 feet
c. Minimum lot depth: 85 feet
d. Building footprint coverage: 55%
e. Minimum yard setbacks:
1. Front: ten (10) feet to porch, fifteen
(15) to residence, eighteen (18) feet
to garage
2.Side, interior: five (5) feet
3.Side, street: ten (10) feet
4.Rear: fifteen (15) feet
5. Accessory structures and alley-loaded
garages shall meet all the required
setbacks of the zone with the exception
that the rear yard setback may be
reduced to five (5) feet
18.76-9
f. Maximum building height
1. Main building: two and one-half (2
1/2) stories, not to exceed thirty (30)
feet
2. Accessory buildings: two (2) stories,
not to exceed twenty-four (24) feet
B. Moderate Density. The Moderate Density Planning Areas
are those planning areas with a permitted density of
2-14 dwelling units/acre. Within these planning
areas, the following development standards apply in
addition to those identified in 18.76.060.A:
1. Single-Family Detached - Four (SFD-4)
a. Minimum lot area: 3,375 minimum
b. Minimum lot width: 45 feet
c. Minimum lot depth: 65 feet
d. Building footprint coverage: 55%
e. Minimum yard setbacks:
1. Front: ten (10) feet to-porch, fifteen
(15) feet to residence, eighteen (18)
feet to garage
2. Side, interior: five (5) feet
3. Side, street: ten (10) feet
4. Rear: fifteen (15) feet
5. Accessory structures and alley-loaded
garages shall meet 'all the required
setbacks of the zone with the exception
that the rear yard setback may be
reduced to five (5) feet
f. Maximum building height:
1. Main building: two and one-half (2 1/2)
stories, not to exceed thirty (30) feet
2. Accessory buildings: two (2) stories,
not to exceed twenty-four (24) feet
2. Single-Family Detached - Five (SFD-5)
a. Minimum lot area: 2,730 minimum
b. Minimum lot width: 42 40 feet
c. Building footprint coverage: 55%
d. Minimum yard setbacks:
1. Front: ten (10) feet to porch, fifteen
(15) feet to residence, eighteen (18)
feet to garage
2.Side, interior: three (3) feet
3. Side, street: six (6) feet
4. Rear: ten (10) feet
5. Accessory structures and alley-loaded
garages shall ~eet all the required
setbacks of the zone with the exception
18.76-10
that the rear yard setback may be
reduced to five (5) feet
e. Maximum building height
1. Main building: two and one-half (2 1/2)
stories, not to exceed thirty (30) feet
2. Accessory buildings: two (2) stories,
not to exceed twenty-four (24) feet
3. Multi-Family or Small Lot Detached - One (MFA-1)
a. Minimum lot area: 2,400 minimum
b. Minimum site area per dwelling unit: 2,400
square feet
c. Minimum lot width: 35 feet if detached; 20
feet if attached
d. Building footprint coverage: 60%
e. Minimum yard setbacks:
1. Front: ten (10) feet to porch, fifteen
(15) feet to residence, five
(5)eighteen (18) feet to-garage
2. Side, interior: five (5) feet, except
0 feet when attached and three (3) feet
if detached single family
3. Side, street: ten (10) feet or six (6)
feet if detached single family
4.Rear: ten (10) feet
5. Accessory structures and alley-loaded
garages shall meet all the required
setbacks of the zone with the exception
that the rear yard setback may be
reduced to five .(5) feet
~ ~. Maximum building height:
1. Main building: two and one-half (2 1/2)
stories, not to exceed thirty (30) feet
2. Accessory buildings: two (2) stories,
not to exceed twenty-four (24) feet
C. High Density. The high density planning areas are
those with a permitted density of 12-19 dwelling
units/acre. Within these planning areas, the
following development standards apply:
1. Multi-Family - Two (MFA-2)
a. Minimum .lot area: 1,800 square feet
b. Minimum site area per dwelling unit: 1,800
square feet
c. Minimum lot width: twenty (20) feet
d. Building footprint coverage: 60%
e. Minimum yard setbacks:
18.76-11
1. Front: ten (10) feet to porch, fifteen
(15) feet to residence, five
(5)eighteen (18) feet to garage-
2. Side, interior: five (5) feet, except
0 feet when attached
3. Side, street: ten (10) feet
4.Rear: ten (10) feet
5. Accessory structures and alley-loaded
garages shall meet all the required
setbacks of the zone with the exception
that the rear yard setback may be
reduced to five (5) feet
f. Maximum building height:
1. Main building: two and one-half (2 1/2)
'stories, not to exceed thirty (30) feet
2. Accessory buildings: two (2) stories,
not to exceed twenty-four (24) feet
D. Public
1. As permitted inrequired by the Auburn Zoning
Ordinance, Chapter 18.40, P-1 Public Use District.
E. Commercial
As required by the Auburn Zoning Ord~inance, Chapter
18.26, Light Commercial District.
Section 18.76.070 Design Requirements.
A. Open Space: The Lakeland Hills South PUD will provide
a minimum of 153 acres of open space in addition to
public parks requirements. The .open space is shown on
the Official.Lakeland Plan Map.
B. PUD Perimeters: Setbacks from the perimeter of the
PUD shall correspond to the requirements of the
adjoining Zoning Districts. The City may determine a
reduced setback is sufficient due to the use of
natural topography, earth berms, existing and proposed
foliage, and other features such as roadways, wetlands
or natural waterways that would otherwise provide
sufficient buffering of adjoining parcels. Sight
distance conflicts shall be avoided for motorized and
non-motorized traffic.
C. Pedestrian Movement: A planning area shall provide
public pedestrian access, which may require
appropriate easements, to parks, schools or uses that
may attract a significant number of pedestrians.
Sidewalks or pedestrian ways must connect the required
pedestrian system to existing"pedestrian systems on
adjacent developments if adequate safety and security,
18.76-12
which may include lighting, can be maintained.
Convenient, barrier free, pedestrian access to transit
stops, when applicable, shall be p~ovided.
D. Architectural Design Guidelines: The purpose of this
Section is to provide design guidelines that will be
utilized to insure the creation of high quality
development that is internally consistent and
harmonious throughout the PUD. The following design
guidelines are suggested as a means to create a high
quality, pedestrian oriented community.
1. All residential buildings shall be designed and
constructed to minimize visdal intrusions into
windows and private spaces of adjoining
developments.
2. Within Single Family Planning Areas, all
buildings shall bedesigned and constructed
consistent with approvals granted pursuant to
Auburn City Code.
3. Multi-family buildings within the Moderate
Density Planning Areas shall incorporate design
elements that are reflective of single family
housing. These design elements may include: the
use of pitched roof systems, limits on length of
buildings and building massing, a limited number
of entrances as viewed from any particular
elevation, varied setbacks to avoid massing of
buildings along setback lines of arterial and
collector streets, and a combination of
landscaping and fences within setbacks to create
private space.
4. Multi-family buildings within the High Density
Planning Areas shall also incorporate design
elements such as: roof treatments and building
articulation intended to minimize building mass
to insure compatibility with adjoining lower
density development, parking shall be clustered
in locations that minimize visibility from public
streets, or screened with berms and landscaping,
solid waste and outdoor storage facilities shall
be limited to enclosures that are architecturally
compatible with the primary building, and pool
and recreation areas shall be located away from
property lines of adjoining lower density
residential development.
5. Buildings located along the Lakeland Hills
Parkway linear park or w~ich front-other public
parks shall incorporate landscape features that
18.76-13
compliment the design of the public park, in
accordance with the approved master landscaping
plan referenced in Section 18.76,075.
6. Prior to or concurrent with the submittal of a
Commercial or non-residential site plan, a design
plan that incorporates the following elements
shall be submitted to the Planning Director for
review and approval:
a. A consistent'design theme compatible with
the balance of the PUD.
b. Exterior facades shall be softened by
modulation, landscaping adjacent to
buildings, and varied roof lines.
c. Buildings on the pads shall be designed to
be compatible with the design of the
commercial structure.
d. Rooftop equipment visible from adjoining
development shall be designed-such that it
appears as an architectural feature and
similar to the building with regard to color
and/or texture. The equipment shall be
arranged or screened in a manner to minimize
visibility from adjoining development or
public rights-of-way.
e. One or more buildings, Such as buildings on
pads, should be located adjacent to the
street frontage with parking located to the
"rear" of the building.
f. Truck loading areas should be screened from
adjacent properties and streets.
g. Trash disposal areas should be enclosed.
E. Fences
Fences shall comply with the regulations of section
18148.020(A)(1) except on those lots that have two
street frontages and abut Lakeland Hills Way,
Evergreen Way, Lakeland Hills Loop, 62nd St. SE,
Lakeland Hills Parkway or other future arterial
streets. In such cases a six-foot (6') high fence may
then encroach into the yard setback abutting the
aforementioned streets subject to the following: If a
six-foot (6') high fence is proposed it must be for
all or a majority of the street frontage the subject
lots abut. Individual six-foot (6') high fences on
independent lots will not be permitted in the required
setback area. A five-foot width of landscaping is
required between the fence and the back edge of the
18.76-14
abutting sidewalk. The material of the fences shall
be consistent throughout the PUD. The homeowner's
association shall perpetually maintain the fence and
the landscaping and the developer shall p~ovide
evidence of such perpetual maintenance. The fence and
landscaping shall be installed prior to the occupancy
of the home on the associated lot. The Planning
Director shall approve of the fence material,
landscaping and evidence of the homeowner's
maintenance.
All fences shall be consistent with the sight distance
requirements contained in section 2.14, Intersection
Design Elements of th~ Design and Construction
Standards manual, as may be amended.
Section 18.76.075 - Landscaping and Screening Requirements.
A. Within 120 days of the effective date of this
ordinance, a Master Landscape Plan shall be submitted
to the City Planning Director for review and approval.
The Master Landscape Plan shall designate the scope of
the plan, plant material references,, types of
landscaping including screens and buffers, and
regulations by Planning Area. .
B. The purpose and goal of the Master Landscape Plan is
to achieve a harmonious and consistent appearance
within the PUD area, including that of a well-planned
residential area and a theme that carries into the
non-residential areas. Consideration of transitional
areas and boundaries between different uses will be
important. The City of Auburn Landscape Code shall be
used as a guidelinein the development of the Plan,
although ACC 18.50.060(L) shall not apply.
C. Until the Master Landscape Plan in paragraph A above
is approved by the City Planning Director, the City of
Auburn Landscape Code (excluding ACC 18.50.060(L))
shall apply to new Development Applications submitted
to the City. The City Planning Director may approve
variances from the Code for specific submittals.
Section 18.76.077 Sign Requirements.
A. Within 120 days of the effective date of this
ordinance, a master sign plan must be submitted to the
City Planning Director for review and approval. The
master sign plan shall designate the location and
18.76-15
design elements, the use of common elements, the size
and scale of each type of sign, and the q~ality of
materials to be used. The master sign plan shall
include the design elements intended 'for various
monuments, including major entrance monuments planned
for major intersections, which may be similar in size
and scale to the major entrance monuments located at
the intersection of Lakeland Hills Boulevard and A
street, and secondary entrance monuments similar in
size and scale to that planned for Lakeland Hills Way
and Evergreen Way. The sign on the monuments shall be
designed in accordance with Chapter 18.56, however,
the size of monument signs shall be governed by the
master sign plan. In addition, the master sign plan
shall include the typical uses and approximate
location of temporary directional signs, model home
signs, and A-boards.
B. Except as modified by this Section, the. requirements
of Chapter 18.56 shall be applicable throughout the
PUD until such time as the City approves the master
sign plan. Upon approval of a master sign plan, it
shall control'. Within each preliminary plat or site
plan within the Single Family, ModeDate Density, and
High'Density Planning Areas, the following signs shall
also be permitted outright:
1. on site directional signs
2. model home signs
3. monument signs at all plat entrances
C. The signs referenced in Section B above shall be
designed and constructed consistent with the examples
shown on the attached Exhibit D and of the size and
scale of similar signs constructed within the King
County portion of Auburn. In addition, entrance
monument signs shall be designed and constructed to be
low in scale and set in a landscaped bed. Monument
signs shall be located on property that is held in
common by the homeowners association, and the
homeowners association shall be responsible for
maintenance of the sign and landscaping or on a
private easement.
D. Within the Commercial and non-residential Planning
Areas, signs shall be subject to Chapter 18.56 except
as follows:
1. Commercial areas within the PUD shall be limited
to one pylon sign within each parcel. All other
signs shall be monument ~tyle or well mounted.
18.76-16
2. Non-residential development within the PUD shall
be limited to monument or wall mounted signs,
except in 1 above.
3. Prior to or concurrent with the submittal of a
site plan for development within a non-
residential area, a commercial sign master plan
must be submitted to the Planning Director for
review and approval. The commercial sign master
plan shall include a coordinated sign theme that
is compatible with surrounding development.
Section 18.76.080 Public Infrastructure Requirements.
The applicant for the PUD must provide all necessary
public facilities to include, as a minimum, the following:
A. Dedication of public utilities: Public utilities
being provided by the City must be dedicated to the
City unless allowed to be private by the City.
B. Water, Sewer and Drainage Facilities: All water,
sanitary sewer and drainage facilities must be
constructed and installed in accordance with
applicable City codes and standards, including design
criteria, construction specifications, operational
criteria, and approved enginee,ring submittals.
C. Underground facilities: All public utilities must be
placed underground except those that by their nature
must be on or above ground, such as streets, fire
hydrants, power vaults, telephone pedestals and open
water courses. The applicant is responsible for
making the necessary arrangements with the appropriate
entities for the installation of such services.
D. Streets:
1. All streets must be constructed to the City's
standards. Variations from minimum standards for
pavement and right-of-way widths or other
dimensional or construction standards may be
permitted when special design features of the PUD
or topographic considerations warrant the
variation. The applicant must submit a written
justification for any proposed variation along
with evidence that the minimal functional
requirements of the proposed street improvements
are being met. The City Engineer shall review
the proposed variation and shall determine if the
minimal functional requirements are being met and
shall make a recommendation to the~ Council Public
Works Committee whether the variation should be
18.76-17
approved. The Public Works Committee shall act
upon the request and may require conditions of
approval to ensure the minimal functional.
requirements are being met.
2. Private streets may be permitted within the PUD
provided they meet the following criteria:
a. Use of the private street is limited to
those accessing property within the planning
area or immediately adjacent to the planning
area and is not needed by non PUD residents
to travel from one public street to another.
The design of the private street shall be
such that it will discourage any through
traffic that is not related to the planning
area itself.
b. The minimum pavement width for private
streets shall be 28 feet provided that
on-street parking is allowed only on one
side of the street or 20 feet for alleys.
The roadway section pavement depth for
asphalt, crushed rock, and gravel base and
the material specifications of these
materials shall be the same as Auburn
standards for public streets. Additional
width may be required if determined to be
needed to provide adequate circulation for
the residents of the PUD. Factors to be
considered include but are not limited to
providing emergency equipment access,
preventing conflicts between pedestrians and
vehicle traffic, on street parking, number
of units, the need for sidewalks and bike
paths. The pavement width and construction
standards, to include but not limited to
illumination, signing, storm drainage,
curbs, gutters, channelization~ e.g., shall
be determined by the City Engineer at the
time of preliminary plat or site plan
approval. Private streets and/or access
tracts and shared driveways, that provide a
second or additional access to lots/units
shall be constructed to standards, as
determined by the City Engineer, considered
to be appropriate for the situation.
Factors to be considered include the number
of units served, emergency access and
traffic circulation.
18.76-18
c. All sites served by a private street greater
than'600 feet in length shall have at least
two access connections to a public s'treet
and provide for adequate emergency equipment
access.
d. A legally incorporated property owners'
association assumes the responsibility and
cost to repair and maintain the proposed
private streets. If the association fails
to maintain the street, the by-laws of the
association give the City the right to
maintain the street and charge the cost of
the maintenance, including any
administrative costs, to the association
members.
e. The by-laws establishing the association
must state that if future owners should
request that private streets be changed to
public streets; then the owners fully agree
that, before acceptance of such streets by
the City, the owners will bear full expense
of reconstruction or any other action
necessary to make the streets substantially
consistent to the requirements of public
streets, applicable at that time.
Section 18.76.090 Application for Approval of Major
Amendment to the PUD.
A. Preapplication Conference.
Prior to filing an application for a Major Amendment
to the PUD, the applicant shall attend a
preapplication conference with the Planning Director
and other interested department heads, or their
designees, regarding the proposed development. The
conference attendees shall revie~ the general outlines
of the proposal, evidenced schematically by sketch
plans and other documents provided by the applicant.
The applicant shall receive suggestions and
recommendations generated by the conference along with
forms and guidelines for preparing the PUD
application.
B. Application Procedure:
Following a preapplication conference, applicants must
provide the Planning Director seven (7) copies of the
following: ' ·
18.76-19
1. Application: Forms provided by the Department
that ask the applicant for the following
information:
a. The name of the proposed PUD or planning
area and a general description of the
proposed development requiring the Major
Amendment, including descriptions of
buildings, and other site improvements;
b. A proposed schedule that includes submittal
of the site plan, preliminary plat, proposed
phased developments, if any, and target
dates for starting construction;
c. Proposed land uses including the type and
amount or densities;
d. Number and types of dwelling units in the
proposed development requiring the Major
Amendment;
e. Total amount of open spaces, the designated
or proposed use, and the amount of open
space designated for public and private use;
f. Plans for the perpetual maintenance and
preservation of private spaces and private
streets; ~
g. Any requests for modifications to the street
construction standards Of the Land Division
Ordinance including the substantiating
information as to why the modifications are
necessary;
h. The gross acreage of .the PUD or planning
area, the net usable acreage, and the
acreage of any non-buildable areas;
i. The name and address of the applicant. All
land within the PUD or planning area shall
be under the ownership of the applicant.
Applicants are defined as an individual,
partnership, corporation, or groups of
individuals, partnerships or corporations;
and,
j. The name, address, stamp and signature of
the professional engineer, professional
architect or professional land surveyor who
prepared the site plan.
2. Environmental Checklist: Form and instructions
provided by the Department in accordance with ACC
16.06, Environmental Review Procedures.
18.76-20
3. Conceptual Design. of Public Facilities:
Preliminary engineering plans and studies that
include the following:
a. A general description and location of the
proposed improvements necessary to properly
handle the potable water, sanitary sewer,
storm water drainage and other service needs
within and adjacent to the proposed PUD.
b. In addition, for. any Major amendment to the
PUD, the following:
i. Anticipated demand capacities for the
proposed water distribution, storm
drainage and sanitary sewage systems.
ii. The estimated, tentative horizontal and
vertical alignment of all proposed
streets, and sidewalks and the
estimated grade of any trails.
4. Site Plan.
a. Preparation. The site plan may be prepared
by a professional engineer, architect or
professional land surveyor registered or
licensed by the state of Washington. They
shall prepare and, by plaoing his or her
signature and stamp upon the face of the
planning documents, certify that all
information is portrayed accurately and that
the proposed PUD complies with applicable
standards and regulations.
b. Scale and Format: The site plan shall be
drawn with reproducible black ink on mylar
or similar material. All geographic
information portrayed by the plan shall be
accurate, legible, and drawn to an
engineering (decimal) scale. The horizontal
scale of a plan shall be 100 feet or fewer
to the inch, except that the location sketch
and typical street cross sections may be
drawn to any other appropriate scale. The
site plan shall be 24 inches by 36 inches in
size. Each sheet shall be numbered
consecutively. An index sheet orienting the
other sheets shall be provided. If
necessary, the Planning Director may
authorize a different sheet size or scale.
18.76-21
c. Contents: The site plan must include each
of the following:
i. Vicinity Map: A vicinitX map
sufficient to define the location and
boundaries of the proposed PUD relative
to surrounding property, streets and
other major man-made and natural
features.
ii. Existing Geographic Features: Except
as otherwise specified, the following
existing geographic features shall be
drawn lightly in relation to proposed
geographic features and developments:
1. All existing property lines lying
within the proposed PUD and all
existing property lines lying
within one hundred (100) feet of
the PUD.
2. The location of all existing
streets within the PUD, both
public or private, including the
right-of-way widths, pavement
widths and the n~mes.
3. Existing water features such as
rivers, creekS, ponds, wetlands,
stormwater detention basins,
watercourses, floodplains and
areas subject to inundation or
storm water overflow.
4. Existing contour lines at
intervals of five feet for average
slopes exceeding five percent or
at intervals of one foot for
average slopes not exceeding five
percent. Contour lines shall be
labeled at intervals not to exceed
2 feet and shall be based upon
city datum, e.g. NGVD.
5. Location of any existing
structures lying within the
proposed PUD. Existing structures
to be removed shall be indicated
by broken lines, and existing
structures not to be removed shall
be indicated by solid lines.
18.76-22
iii. Proposed Improvements: The following
proposed geographic features shall be
shown:
1. The location of any public or
private streets and/or storm
drainage facilities.
2. The general location of the types
of uses or densities and general
distribution of lot types.
3. The boundaries, dimensions and
area of public park and common
open space areas.
4. Identification of all areas
proposed to be dedicated for
public'use, together with the
purpose and any conditions of
dedication.
5. Conceptual plans for pedestrian
and bicycle circulation systems.
6. The treatment proposed for the
periphery of the site including
setbacks, fencing, the approximate
amount, location, and type of any
landscaping.
Section 18.76.100 Phased Developments.
A. The applicant may propose a phased development.
B. Any phases being developed in the Lakeland Hills South
PUD require a description of each phase, including the
size, uses or densities and schedule for implementing
each phase and corresponding public services. Phased
sequences and intervals between scheduled phases
become a condition of the PUD approval.
C. Each phase must be able to stand on its own without
reliance upon development of subsequent phases.
Section 18.76.110 Concurrence with Subdivision
Regulations.
A. A preliminary plat may be processed concurrently with
a Major Amendment to the PUD or a site plan. A
preliminary plat must be submitted in accordance with
Title 17 of the Auburn City Code.
B. Approval of a Major Amendment to the PUD or a
preliminary plat application ~ay allow for the
modification of the subdivision construction standards
18.76-23
and specifications of Chapter 17.12, of the Auburn
City Code. If modifications are proposed the request
must be made part of the Major Amendment or
preliminary plat application. The applicant must also
provide substantiating evidence as to why the
modifications are necessary.
Section 18.76.120 Administrative Review of Major
Amendments.
A. The Planning Director shall forward the Major
Amendment to the PUD application and/or preliminary
plat or site plan application, together with copies of
any appropriate accompanying documents, to the
Director of Public Works. The Director of Public
Works shall review the application(s) as to the
adequacy of the proposed means of sewage disposal and
water supply; the conformance of the proposal to any
plans, policies or regulations pertaining to streets,
storm drainage or utilities; and regarding any other
issues related to the interests and responsibilities
of the Department of Public Works.
B. The Planning Director shall solicit =the comments of
any other appropriate city department, local utility
provider, local school district, and any other
appropriate public or private entity, concerning the
proposed Major Amendment to the PUD. For a Major
Amendment to the PUD or a PUD processed simultaneously
with a preliminary plat, comments received in a timely
manner, as well as any written comments received in
response to a notice of public hearing, shall either
be transmitted to the Hearing Examiner or incorporated
into a report prepared by the Planning Director and
submitted to the Hearing Examiner, prior to the
scheduled public hearing.
C. The Planning Director shall approve the site plan if
it conforms to the approved PUD, the submittal
requirements of 18.76.160(A), Section 18.76.060, and
other applicable standards.
Section 18.76.130 Hearing Examiner Review.
Pursuant to the provisions of Chapter 18.66 the Hearing
Examiner shall conduct a public hearing on all requests for
a Major Amendment to a PUD. The Examiner's decision shall
be in the form of a recommendation"to the City Council.
18.76-24
Section 18.76.140 Findings of Fact.
Applications for a major amendment tQ a PUD shall only
be approved if sufficient findings of facts are drawn to
support the following:
A. Adequate provisions are made for the public health,
safety and general welfare and for open spaces,
drainage ways, streets, alleys, other public ways,
water supplies, sanitary wastes, parks, playgrounds,
or sites for schools;
B. The proposed Major Amendment to the PUD is in
accordance with the goals, policies and objectives of
the Comprehensive Plan.
C. The Major Amendment is consistent with the purpose of
this chapter, Section 18.76.010, provides for the
public benefits required of the development of PUD's
and does not result in only increasing the number of
units that would otherwise be attained through a
development using the existing zoning and subdivisions
standards.
D. The proposed Major Amendment to the PUD conforms to
the general purposes of other applicable policies or
plans which have been adopted by the City Council.
E. The approval of the Major Amendment will have no more
of an adverse impact upon the surrounding area than
the approved Lakeland Hills South PUD as shown on the
Official Lakeland Plan Map.
Section 18.76.150 City Council Action.
A. The City Council may affirm, modify, or disaffirm the
recommendations of the Hearing Examiner in accordance
with ACC,18.66.170.
B. The majority of the City Council shall instruct the
City Attorney to prepare an ordinance reflecting its
decision. The ordinance shall include formal findings
of fact and conclusions supporting the decision. If
the decision is for approval with conditions, the
conditions shall be specified in the ordinance. The
ordinance shall be recorded in accordance with ACC
18.68.060.
Section 18.76.160 Site Plan Approval.
A. Preapplication Conference.
Prior to filing an application for a site plan
approval, the applicant shall attend a preapplication
18.76-25
conference with the Planning Director and other
interested department heads, or their designees,
regarding the proposed development. The conference
attendees shall review the general outlines of the
proposal, evidenced schematically by sketch plans and
other documents provided by the applicant. The
applicant shall receive suggestions and
recommendations generated by the conference along with
forms and guidelines for preparing the site plan
application.
B. An application shall be required for the site plan
approval of any portions of a planning area except for
those designed for detached single family lots and
shall include the following:
1. The ordinance approving the PUD, if previously
done;
2. A site plan which shall illustrate the following:
a. Vicinity map,
b. Boundaries and dimensions of the PUD,
c. If partial approval, illustrate the proposal
within the boundaries of the entire PUD,
d. Illustrate previous site plan approvals that
may have occurred within t~he PUD,
e. Acreage of proposal,
f. Rights-of-way location and widths, the
proposed name of each street or alley and
whether the right-of-way will be dedicated
as public or remain private. The
designation of any fire lanes. Where final
street grades are likely to exceed ten (10)
percent in elevation and the estimated
tentative grades of such streets,
g. Adjacent public streets,
h. Easements, existing and proposed including
its purpose,
i. Location and size of all existing and
proposed utilities including sanitary sewer,
storm drainage, and water lines lying within
or adjacent to the PUD or the phase of the
PUD as appropriate,
j. Typical street cross section(s) including
any pedestrian facilities,
k. Location of uses,
1. Location of buildings and structures, both
existing and proposed, including setbacks,
m. Location and layout'of off-street parking,
loading and unloading areas,
18.76-26
n. Location of walls and fences, around the
perimeter of the PUD or phase of the PUD, as
appropriate, and an indication of their
height and materials,
o. Location of any storage areas or refuse
containers,
p. Location and size of signs,
q. Landscaping plan-conceptual,
r. Indication of height of buildings,
s. Proposed architectural treatment of
structures,
t. Any covenants not previously approved,
u. Proposed final contour lines at intervals of
five feet for average slopes exceeding five
percent, or at intervals of two feet for
average slopes not exceeding five percent.
Final contours shall be indicated by solid
lines (existing contours which are to be
altered shall be shown by broken lines).
Contour lines shall be labeled at intervals
not to exceed 20 feet and shall be based
upon city datum e.g., NGVD. Contour lines
around proposed geographic features shall be
drawn tightly around the proposed features.
v. The site plan shall illustrate a north
arrow, be properly dimensioned and drawn at
a scale not less than one inch equals 40
feet and on a sheet size 24 by 36 inches,
more sheets may be used if necessary. A
reproducible mylar, or similar material, and
seven copies of the site plan shall be
submitted at the time of application. An
alternative scale sheet size may be approved
by the Planning Director.
w. The Planning Director may require the
submittal of additional information in order
to thoroughly evaluate the site plan.
3. The site plan application shall be accompanied by
a current (within 30 days) title report which
contains:
a. The legal description of the total parcel
sought for final site plan approval.
b. Those individuals or corporations holding an
ownership interest in said parcel all of
which shall sign the application for final
site plan approval.~ ~
18.76-27
c. Any easements or restrictions affecting the
property with a description of its purpose
and referenced by an auditor's file number
and/or recording number.
4. A signed certification that the site plan has
been made with the free consent, and in
accordance with the desire of the owner or
owners.
C. A site plan shall be reviewed in accordance with the
provisions of sections 18.76.120. The site plan shall
only be approved if it is found to be consistent with
and implements the provisions of the PUD and meets the
submittal requirements of Section 18.76.160(A). If
necessary conditions of approval may be imposed to
ensure consistency with the approved PUD.
Section 18.76.170 Adjustments to the PUD.
A. The Planning Director may approve minor adjustments to
the approved PUD. Minor adjustments are defined as
changes that do not affect permitted densities within
a planning area, basic character or conditions of the
appr0ved PUD or planning area. Adjustments are
considered minor so long as they do not increase or
decrease the perimeter boUndaries'of a planning area
or the number of units indicated for that planning
area as shown on the official Lakeland Plan Map by
more than 10 percent. School sites identified in a
PUD may be adjusted as a minor.amendment by
condemnation or in accordance with an agreement
executed by the appropriate school district(s) and the
applicant, provided that,. if the Director determines
that adjustment of schools would create significant
park impacts or infrastructure requirements, he may
process the amendment as a Major Amendment. Minor
adjustments approved by the Planning Director must be
in writing within 15 working days of submittal of the
application. The Planning Director must forward
copies of the approved adjustment to appropriate
department heads and the applicant. The applicant may
appeal the Director's decision pursuant to Section
18.70.050. If a minor amendment is approved which
affects the official Lakeland Plan Map, the map shall
be revised. The Director shall keep the current map
on file.
B. Adjustments that are not mino~ as defined in
Subsection A are considered Major Amendments and will
18.76-28
be processed in the same manner as a new PUD
application. If a Major Amendment affecting the
official Lakeland Plan Map is approved, the Map and
Exhibit B hereto shall be amended to reflect the
change. If a Major Amendment changing conditions of
approval is adopted, Exhibit A hereto shall be amended
to reflect the change.
C. Any change in the exterior boundaries of the PUD or an
increase in the total permitted dwelling units above
3,408 shall require a rezone.
D. The following approvals require a Comprehensive Plan
amendment:
1. An increase in the total number of permitted
dwelling units above 3,408;
2. An increase in the permitted number of high
density multi-family dwelling units (i.e., more
than 850 units)
3. An increase in the acreage permitted for light
commercial development (i.e., more than 20
acres).
4. A Major Amendment to the external boundaries of
the medium density or high density planning
areas. ~
5. 'A reduction in required open space (i.e., below
153 acres).
Section 18.76.180 Property Owner's Association.
If common open spaces or private streets are deeded to
a property owners association, then the applicant shall
submit a declaration of the covenants and restrictions that
create and govern such an association as part of the site
· plan or preliminary plat approval. The provisions must
include, but are not limited to, the following:
1o The property owners association must be established
prior to the final plat approval or the approval of
any occupancy permit related to the site plan.
2. Membership must be mandatory for each property owner
affected by the common space or private street and any
successive buyer.
3. The association assumes responsibility for liability
insurance, local taxes, and the maintenance of common
open spaces, private streets, recreational and other
communally owned facilities. A financial plan shall
also be submitted that outlines the anticipated
expenses and revenues needed To implement the plan
over a minimum of a ten (10) year period.
18.76-29
4. Members must pay a pro rata share of the association's
cost; the assessment levied by the association can
become a lien on the property. The association must
be able to adjust its assessment fees relative to
changed needs and conditions.
18.76-30
Exhibit A - Lakeland PUD
Lakeland PUD Conditions of Approval as of April 22, 1998
1. The Auburn Hearing Examiner has jurisdiction to consider and decide the issues
presented by this request.
2. The applicant has established that the proposed major amendment to the unclassi~ed use
permit allowing a reduction in size of the previously approved gravel mining operation is
consistent with surrounding uses, and can be made compatible with surrounding uses if
conditions of approval contained hereinafier are strictly followed. The applicant has also
satisfied the requirements of the Auburn City Code such that a planned development district may
be approved for the entire 685 acre site. The applicant has established that the criteria set forth in
Parkridge v. Seattle, supra, are hereby met such that a zone reclassi~cation from General Use to
Planned Unit Development District (PUD) may be granted.
3. The Final Environmental Impact Statement is adequate and addresses not only probable,
but potential adverse environmental impacts, and provides measures to mitigate said adverse
impacts.
4. The major amendment to unclassified use permit UP9-70 as well as the Lakeland Hills
South pIanned development district should be approved subject to the following conditions:
1. Both on-building, and off-building signs shall be regulated, installed and designed
in accordance with the Auburn City Code.
2. Signage if proposed, shall be limited to one 20-square foot business identification
sign at or near the main entry gate on the East Valley Highway and: appropriate
hazardous area signs along property lines.
3. All applicable requirements of the City of Auburn must be met prior to the
issuance of building permits for this proposal.
Scope of Mining:
5. The Surface Mining, Permit shall be valid for a period of 10 years from June 22, 1993,
unless revoked by the City or any other way terminated. If the permit is extended beyond 10
years, a new public hearing must be held to consider the extension. If mining is not completed,
the area mined must be reclaimed in accordance with the progressive reclamation plan. If
significant changes to the Lakeland Hills south project occur due to abandonment of the mining,
a public hearing will be held to evaluate said. changes.
6. The volume of gravel and topsoil to be mined shall not exceed 10 million tons or 7
million cubic yards +/7.5%. Increases in the volumes to be mined greater than that specified
above shall require an amendment consistent with Auburn City Code. Surface mining shall be
restricted to a 250-acre area consistent with the final surface mining operation site plan.
7. Mining shall occur in 25-acre segments. Prior to commencing operations in a third
segment, a previously mined segment must be hydro-seeded and stabilized. A maximum of 50
acres may be prepared for mining or mined at any time. This maximum 50 acres does not include
haul roads, storm drainage ponds, and areas specifically designated as equipment storage,
stockpiling, and product processing areas.
8. Normal operating hours shall be from 7:30a.m. to 4:30p.m., and rock crushing and
screening operations shall only occur between 8:00a.m. and 4:30p.m., Monday through Friday
with the following exception:
a. During peak periods, operating hours may be extended later and to Saturdays by
prior written permission from the City. Prior to granting extended operating hours the
City shall consider the impact of extended hours on the Brown family. Any authorization
for extended hours shall be limited in duration to a reasonable period of time, and shall
not be a blanket authorization for extended hours of operation. Copies of all such
authorizations shall be sent to Mr. Brown's residence and he will have an opportunity to
object if the extended hours unreasonably interfere with his peaceful enjoyment of his
property. However, final determination as to the extended hours will remain with the
City.
9. Prior to commencement of any mining, the subject property must be within the
jurisdiction of a fire protection district.
Operation:
10. Measures shall be taken during mining operations to provide on-site security. Lighting
should be provided and building and site design should be considered to reduce opportunities for
crime to occur.
11. On-site parking and building illmnination shall be shielded in such a way as to prevent
light and glare from passing beyond the applicant's property boundary lines.
12. The four 60-foot light towers, and additional 40-foot light towers shall be illuminated
only during hours of operations. Lower lighting may be permitted for security and safety
providing the illumination shall be shielded in such a way as to prevent light and glare from
passing beyond the applicant's property boundary lines.
13. There shall be no blasting, gravel or truck washing, concrete or asphalt batching, or other
activity not specifically identified in the July 21, 1992 Final Environmental Impact Statement
permitted. Wheel washing for dust and mud control shall not be considered truck washing for
the purposes of this condition.
14. The applicant or operator shall not install underground fuel storage tanks on site.
15. There shall be no new material brought to the .site and the applicant shall mine only
material which is within the approved 250 acres of this site. No solid waste including demolition
and/or problem waste is to be treated (recycled) on-site or used as fill material.
16. Equipment parking areas shall not be closer than 200 feet to any exterior property line.
17. Solid waste must be disposed of in an approved land fill facility.
Erosion Control:
18. Surface discharges shall not be directed onto unprotected or steep (30% or greater) slope
areas. Pursuant to Aubum City Code surface discharges may be directed into natural drainage
systems and/or drainage courses which have sufficient capacity in steep (30% or greater) slope
areas. Energy dissipation is required at all outlet structures where storm drainage is released into
a natural drainage course.
19. Erosion control facilities must be installed, and subsequently, inspected and approved by
the City of Auburn prior to site clearing for mining. All necessary erosion control facilities must
be properly maintained during all phases of site development to prevent debris, dust, and mud
from accumulating on the City right-of-way and/or adjacent property.
20. All work associated with stabilizing slopes and other disturbed areas shall be in
accordance with Auburn City Code
Stormwater:
21. All site development plans and calculations for the surface mining operation shall be
consistent with the Auburn City Code
22. Location of storm drainage facilities shall follow the requirements of Auburn City Code
drainage regulations and applicable wetland regulations.
23. Storm drainage conveyance systems shall provide means for water quality and quantity
control, including but not limited to, catch basins, oil/water separators, or grass-lined swales,
prior to discharge.
24. A Hydraulic Project Permit may be required if any work authorized by this Major
Amendment Permit is done within waters of the State.
25. As part of the site development plans a downstream analysis (to the White River) must be
submitted and approved by the City if any discharge from the site is proposed.
Transportation:
26. There shall be no mining haul routes through the Lakeland Hills North subdivision in
Auburn.
27. All activities and development shall provide adequate access for emergency vehicles.
Buffers and Screening:
28. A 600-foot vegetated buffer shall be maintained between the mining operation and the
existing Lakeland Hills Noah subdivision in Auburn to limit visual, acoustic, and land use
conflicts. Haul routes shall connect directly to the East Valley Highway to preclude mining
related traffic from interrupting existing residential neighborhoods. There shall be no mining
haul routes through the Lakeland Hills North subdivision in Auburn.
29. Topographic changes shall help to obscure views of the proposed operation from the east,
west, and south.
30. The applicant shall maintain a natural and/or establish a planted buffer at least 125 feet in
width from westem property boundary of the largest continuous ownership block and area where
the bulk of surface mining activity is proposed [see Exhibit 26]. Cuts in this buffer shall be
limited as necessary for installation of utility and haul road facilities. Such utility and haul road
cuts shall be made 'such that direct line-of-sight impacts are minimized. Should a buffer need to
be established, the buffer shall be planted with a variety of hardy evergreen planted material
consisting of trees, and/or low and high profile shrubs together with suitable ground cover, such
as native grasses. Planted evergreen trees shall have a minimum height of 4' to 6' and shall be
planted in at least three rows alternating 15 feet on center.
31. The applicant shall establish a natural or planted visual buffer screen at least 40 feet in
width on the northern, western, and southern boundaries of the most western bl6ck of property to
be mined or used and adjacent to East Valley Highway where the main mining access road is
proposed to be cut. Cuts in this buffer shall be permitted for utilities and roads. Such utility and
haul road cuts shall be made such that direct line-of-site impacts are minimized. If the buffer is to
be augmented by plantings it shall be planted with a variety of hardy evergreen planted material
consisting of trees, low and high profile shrubs together with suitable ground cover, such as
native grasses. Planted evergreen trees shall have a minimum height of 4 to 6 feet and shall be
planted in at least two rows alternating 15 feet on center.
32. A 6-foot high cyclone fence shall be constructed around any settling and/or storm
drainage ponds constructed on-site.
33. All berms shall be hydro-seeded, fertilized, and planted to insure stabilization during the
first growing season after placement. Until such time as vegetation as stabilized on the berm.
Other erosion control measures, as necessary shall be used.
Groundwater Protection:
34. There shall be no groundwater withdrawn for use within the 250 acres of the mining
operation unless a hydrogeological study is performed which addresses water quality, quantity,
and the effects on existing wells in the area. Such a hydrogeological study must be submitted for
review and approval by the City of Auburn.
35. Groundwater seeping into the gravel pit shall be either routed away from or allowed to
infiltrate into adjacent areas. Water that is routed away shall not be allowed to contact the gravel
mining operation area and shall be routed to infiltration areas where it may recharge the surficial
aquifer. If the groundwater cannot infiltrate into adjacent areas, a separate retention/detention
system shall be designed and constructed pursuant to design approvals, per the City of Auburn.
36. Groundwater monitoring wells shall be placed in appropriate locations around the mining
activity. These wells shall be monitored by a qualified water quality specialist to determine if
aquifer contamination is occurring. A biannual report of ground water quality shall be submitted
to the Washington State Department of Ecology for review and to the City of Auburn for review
and approval. For the purpose of this condition groundwater monitoring wells may be drilled or
placed perpendicular to the slope.
37. The Washington State Department of Ecology is in the process of developing 'Best -
Management Practices" (BMPs) for protecting groundwater quality during mining operations. If
adopted, and as appropriate, the BMPs shall be implemented on-site.
Air Ouality Control:
38. Particulate matter (dust) from haul roads shall be controlled using the Best Available
Control Technology (BACT) for minimizing dust impacts including covering conveyors, using
water sprays where materials fall from one location to another, washing paved roads, and
watering unpaved roads, covering truck loads, and wheel washes.
39. A water-mister to retard dust shall be installed at the site of the screening and rock
crushing operation.
40. The rock crusher, sorting screen, and conveyors shall at all times be operated in a manner
consistent and in compliance with Puget Sound Air Pollution Control Agency Regulations.
41. The main haul road shall be paved a minimum of 1200-feet from the point when it meets
the County road. A wheel washer shall be placed such that the wheels are washed before the
trucks roll onto the main haul road pavement.
42. All interior haul roads, operation areas and stockpile areas shall be maintained in a dust
free condition by watering as necessary.
43. Aggregate stockpiles shall be maintained in as near a dust flee condition by either
sprinkling or covering.
44. Adequate water shall be maintained on-site to accomplish dust control as required herein.
Noise Pollution:
45. Noise emanating from the site shall be regulated and abated in accordance with Auburn
City Code. In this regard, all properties which abut the property boundary lines of this site shall
be considered to be "EDNA' Class A -classification as residential in nature.
46. The mining operator shall construct berms or place product stockpiles around the rock
crushing, screening, and wood chipping equipment to minimize noise propagation.
47. The rock crushing, screening, and wood chipping equipment will be located no closer
than 900 feet from the nearest property line.
48. Haul roads shall be regraded on a monthly basis to minimize the banging tailgates and
other noise from empty trucks entering the site.
Reclamation:
49. Reclamation shall be accomplished in accordance with the Department Natural Resources
requirements unless otherwise qualified herein, and the reclamation plan shall be followed.
50. Reclaimed areas that will remain as permanent open space and not subsequently
developed shall be hydro-seeded and replanted with at loast 'I 1 '1 '1 trocsa seedling tree every ten
(10) square feet. A mix of trees shall be used including Doug Fir (70%), Westem Hemlock
(25%), Westem Red Cedar (5%), and ~. 56 native deciduous trees including California Black Oak
(40%), Norway Maple (30%), White Poplar (20%), and European Mountain Ash (10%). NOTE:
all percentages are plus or minus. The species of tree may be modified if not readily available.
The Planning Director shall approve the modification. The reclaimed areas shall be hvdroseeded
and planted within 30 days of completion of excavation unless weather would preclude the
planting. Then the Planning Director shall approve of the schedule for the planting. Any
plantings required on Puget ~*-Sound Energy property must be consistent with Puget Powcr's
Sound Energy' s vegetation management program.
Compliance:
51. If at any time during the life of this permit, an alleged violation of any of the conditions
of the permit is brought to the attention of the City, an investigation shall be made by the City
and any violation shall be processed consistent with Auburn City Code
REGULATORY REQUIREMENTS -- LAKELAND HILLS PLANNED UNIT
DEVELOPMENT DISTRICT:
Proposed Land Uses:
52. The Planned Unit Development District (PUD) shall be developed in phases over a
period of 10 to 15 years from June 22, 1993. The final phase of the Planned Development
District shall be commenced within the 15-year period proposed. Extensions may be granted by
the City when deemed appropriate.
53. Each individual single family residential subdivision, shall be required to undergo
preliminary and final plat approvals in accordance with the most current version of the Auburn
City Code and other applicable regulations. Supplemental environmental review may be required
for each separate proposal.
54. The total number of dwelling units allowed within the Lakeland Hills Planned Unit
Development District shall be limited to 3,408.
55. Twenty-four (24%) percent of the PUD shall be retained as parks, and/or open space, 71
acres of which shall be set aside for parks, trails and recreational open space areas not including
the area set aside for schools. A system of sidewalks and trails shall be developed to facilitate
pedestrian, bicycle and possibly equestrian movement through out the project.
56. The PUD shall include areas suitable for both passive and active recreation areas.
57. Commercial use shall be located in internal activity nodes to help prevent the
development of strip commercial developments on or off-site, as indicated on the preliminary
development plan.
58. Phased construction of the PUD shall be accomplished in such a way as to insure the
leading edge of the residential community is visually and acoustically buffered from the existing
mining operation.
Transportation:
59. The applicant's off-site traffic mitigation for Pierce County shall be provided as indicated
in the document entitled "Lakeland Residential Planned Development District Mitigation
Agreement" executed between Pierce County and Henderson Development Inc., on May 30,
1995. The applicant's off-site traffic mitigation for Auburn shall be provided as indicated in the
document entitled "First Amendment to Lakeland Annexation and Utilities Agreement" executed
between Auburn and The Lakeland Company on May 14, 1998.
Environmentally Sensitive Areas:
60. Supplemental analysis perfor/ned in conjunction with future subdivision or other
development applications, should confirm the quality of on-site habitat and presence or absence
of species of concern that probably would be affected by such development. These analyses shall
also consider realignment of roads to avoid wetlands, set aside wetland areas and appropriate
buffers and setbacks using the most current City of Auburn guideline/regulations for these
features, and strategic placement of parks to incorporate wetland areas and significant large
diameter trees.
61. Habitat considerations shall be incorporated into individual site plans, through but not
limited to, clustering of dwelling units, preserving contiguous blocks of habitat where possible,
and using native species in plantings. Significant habitat shall be regulated consistent with the
applicable requirements of agencies with jurisdiction.
62. Any development application that includes an identified critical area shall comply with
the most current version of the Auburn City Code and Comprehensive Plan.
63. No residential structures shall be placed in high water zones unless high water table
levels can be mitigated. Any roadway designs proposed in high water zones shall ensure that the
locations are appropriate and the necessary engineering is performed.
64. Water system improvements shall be designed, located, and constructed to avoid
significant adverse environmental impacts. Commercial and residential developments shall be
required to utilize the most up-to-date methods of water conservation.
Stormwater and Groundwater:
65. Site Development Plans for each phase of development shall be consistent with the most
current version of the Auburn City Code and Comprehensive Plan, and shall maximize the use of
retention systems whenever possible. The plans shall be consistent with the Final Storm
Drainage Master Plan.
66. Location of storm drainage facilities shall follow the most current requirements of the
Auburn City Code, and applicable wetland regulations, and other applicable ordinances.
67. Storm drainage conveyance systems shall provide means for water quality and quantity
control including but not limited to catch basins, oil/water separators, and/or grass-lined swales,
prior to discharge.
Erosion Control:
68. A temporary erosion and sedimentation control plan must be submitted to the City as pan
of any future site development plans.
69. The temporary erosion control plan must include erosion control measures for
development of any project up through completion of all structures.
70. Erosion control facilities must be installed, and subsequently, inspected and approved by
the City prior to site clearing. Necessary erosion control facilities must be properly maintained
during all phases of site development to prevent debris, dust, and mud from accumulating on the
City right-6f-way and/or adjacent property.
71. All work associated with stabilizing slopes and other disturbed areas shall be in
accordance with Section 8-01 of the 1988 Standard Specifications for Road, Bridge, and
Municipal Construction, or the latest version thereof, unless approved otherwise by the city.
Construction:
72. Emissions from construction equipment and trucks shall be kept to a minimum by using
relatively new and well maintained equipment, and by avoiding prolonged periods of vehicle
idling and use of engine powered equipment.
73. Construction materials trucked to the site shall be scheduled to minimize congestion
during peak travel times. This will minimize secondary air pollution caused by traffic
having to travel at reduced speeds.
74. Particulate matter (dust) produced during construction phases shall be controlled by
watering roads, and paving or graveling high use construction roads.
75. Construction noise shall be kept to a minimum by the utilization of mufflers, engine
intake silencers, engine enclosures, turning off idle equipment, and restricting hours of
construction activities from 7:30a.m. to 5:00p.m.,7:00 AM to 7:00 PM Monday through
SaturdayFriday and 7:30 AM to 5:00 PM on Saturday.
76. Stationary equipment shall be placed as far away from sensitive receiving locations as
possible. Where this is infeasible, or where noise levels exceed EDNA Class A Classification
portable noise barriers shall be placed around the equipment with the opening pointed away from
the sensitive receiving property.
77. Construction vehicles shall not travel through Lakeland Hills North nor other residential
areas unless no other access is available. In no case shall construction vehicles travel through
Lakeland Hills North once direct access is available from the site from East Valley Highway.
78. Measures shall be taken during construction activities to provide on-site security. Street
lighting should be provided for residential and commercial developments and building and site
designs should be considered that will reduce opportunities for crime to occur.
79. During construction of the phased residential development disturbed areas shall be re-
vegetated during the next growing season.
80. A fire prevention plan shall be developed for the construction activities, particularly for
areas storing flammable materials, and submitted to the City or review and approval prior to
beginning operations,
Noise and Air Impact Controls:
81. Noise emanating from the site shall be regulated and abated in accordance with the
Auburn City Code. In this regard, all properties which abut the property boundary lines of this
site shall be considered to be EDNA Class A classification as residential in nature.
82. Methods to significantly reduce impacts from outdoor noise such as insulation, airtight
exteriors, and thicker walls, windows, glass, and ceilings shall be incorporated into building
designs of structures located within 250 feet of the east-west corridor road right of way.
83. Measures to reduce noise impacts shall be incorporated into site and building designs
located within 250 feet of the right way including, but not limited to, larger setbacks from arterial
roads, orienting courtyards or public areas behind buildings as far as feasible from traffic and
limiting areas where heavy truck traffic is permitted.
84. Potential air quality impacts from residential wood burning in the proposed PUD shall be
minimized by controlling the number and density of such devices that are permitted.
Public Safety:
85. Development of a community crime prevention program should be encouraged to help
mitigate some of the impacts of police services.
86. All commercial and residential buildings shall be planned and designed to facilitate fire
prevention. Single and multi-family homes shall be built with rated roofs.
87. Multi-family and commercial developments shall incorporate alarms and sprinkler
systems into their designs consistent with the requirements. of Aubum City Code.
88. The site shall be developed under unified control and any division of the property within
the PUD shall be subject to the Auburn City Code.
89. There shall be no groundwater withdrawn for use within the PUD unless a
hydrogeological study is performed which addresses both water quality, quantity, and the affects
on existing wells in the area. Such a hydrogeological study must be submitted for review and
approval by the City.
90. Facilities should be designed to accommodate recycling. Space should be provided to
accommodate the storage of these materials at centralized locations.
91. To decrease the impact of single occupancy vehicle trips added to the City road systems
and State highway, property owners shall institute a ride-sharing program through its
homeowner's association established pursuant to recorded CCRs on the property. The ride-
sharing program shall include at least one information system for each plat and multi- family
project such as a commuter board or telephone answering service to facilitate matching riders
with vehicles. Participation in the ride-sharing program among residents shall be voluntary. The
homeowners association will provide an annual report to the City as to the effectiveness of the
ride-sharing program.
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92. In the formal plat submitted for that portion of Lakeland Hills South that abuts 82nd
Avenue East, the first set of lots east to west shall have a minimum lot size of one half acre. The
second two sets of lots east to west shall have a minimum lot size of 15,000 square feet. If the
zoning east of 182nd is intensified, this condition will be reevaluated.
The applicant shall provide a 50-foot-wide screening greenbelt easement along 182nd Avenue
East. A note shall be established on the face of the plat when such plat is approved which states
"The 50-foot sci'eening greenbelt easement shall be maintained by the lot owners therein with the
restriction of no driveways or structures permitted thereon, and no trees to be cut unless diseased
or considered dangerous. Septic tank drain fields shall not be permitted within the required
screening greenbelt."
If for any reason the screening greenbelt are disturbed or should trees need to be removed
because they are considered diseased or dangerous, the applicant shall within the 50-foot wide
screening greenbelt replant evergreen trees with a minimum planting height of 4 feet. The trees
shall be planted 15 feet on center. if disturbed, the 50-foot greenbelt shall also be seeded with a
drought resistant grass species. The applicant shall be responsible for maintaining and for
replacing, if necessary, any tree which dies within two years of planting. Thereafter, maintenance
and replacement responsibilities shall be that of the adjacent lot owners.
I G\LYNN\LAKELAND PUD-EXHIBIT AR
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