HomeMy WebLinkAbout5440Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
Document Title(s) (or transactions contained therein):
Ordinance No. 5440 - Approves PUD0001-99 for 84 single family homes located
West of Lakeland Hills at 47" St SE
Reference Number(s) of Documents assigned or released:
❑Additional reference #'s on page of document
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
CITY OF AUBURN /X//2'/ -PAAWr W— •1220
Grantee/Assignee/Beneficiary: (Last name first)
HOMES BY JUDI
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
Site 7: Section 31, Township 21 N, Range 5
Site 8: Section 31, Township 21 N, Range 5 East
onal legal is on page ia_l4of document.
Property Tax Parcel/Account Number
Said dmurnangs) were filsl Far
Site 7: 312105-9008 r000rd by Pacific North."St Tips rs
aocarr"Wabw c.7y. It has not boon
Site 8: 312105-9006 examined as to proper oxocuban or
m 10 Ita eliect upon Mlo.
ORDINANCE NO. 5 4 4 0
AN ORDINANCE OF THE CITY OF AUBURN, KING COUNTY,
WASHINGTON, PROVIDING FOR A PLANNED UNIT DEVELOPMENT (PUD)
TO CONSTRUCT 84 SINGLE FAMILY HOMES ON PROPERTY ZONED R-4
(MULTI -FAMILY) LOCATED WEST OF LAKELAND HILLS AT 47TH STREET
SE, WITHIN THE CITY OF AUBURN, WASHINGTON.
WHEREAS, Application No. PUD0001-99 dated December 21, 1999,
was submitted to the City of Auburn, Washington, by Homes by Judi, for 84
single family units in the R-4, (Multi -Family), located west of Lakeland Hills Way
at 47th Street SE, within the City of Auburn, Washington, hereinafter described
below and as identified on Exhibit "A" attached hereto and incorporated in this
Ordinance by this reference; and
WHEREAS, said request above referenced was referred to the Hearing
Examiner for study and public hearing thereon; and
WHEREAS, the Hearing Examiner, based upon staff review, held a
public hearing to consider said petition in the Council Chambers of the Auburn
City Hall, on September 19, 2000 at the conclusion of which the Hearing
Examiner recommended the approval of the issuance of a Planned Unit
Development (PUD) to allow for a single family condominium project on
property located west of Lakeland Hills Way at 47`h Street SE on property
zoned R-41 (Multii-Family), within the City of Auburn, Washington; and
----------------------
Ordinance 5440
October 9, 2000
Page 1
WHEREAS, the City Council, on October 2, 2000, considered said
request and affirmed the Hearing Examiner's decision for the issuance of the
Planned Unite Development (PUD) together with a binding site plan approval
for a single family condominium project on property located west of Lakeland
Hills at 47th Street SE zoned R-4 (Multi -Family) within the City of Auburn,
Washington, based upon the following Findings of Fact and Conclusions of Law
and Decision, to -wit:
FINDINGS OF FACT
1. The applicant, Homes by Judi, has requested approval of a Planned Unit
e, Development (PUD) together with a binding site plan approval for a single
m Tamil condominium project to be located southwesterly of the intersection
of 47 h Street SE and Lakeland Hills Way. The parcel is 13.58 acres in size
and is zoned R-4, Multi -Family. The Comprehensive Plan Map designation
is High Density Residential.
2. The project is part of a larger project that includes property within the City
of Pacific. An additional 9.74 acres is in Pacific. The project consists of 84
single-family units in Auburn and 38 single-family units in Pacific. The land
use approval and building permit approval process for the City of Pacific
project will be through the City of Pacific.
3. Even though the project is a single family project, it is not planned to be
subdivided into a typical subdivision that would provide for one home per
each platted lot. The applicant has proposed to make a condominium of
the project. The R-4 zoning in Auburn does not allow more than one single
family home per lot. The City's PUD ordinance does, however, allow for
optional housing styles and does allow for the project as proposed.
4. PUD's are allowed in Auburn pursuant to Chapter 18.69 of the Zoning
Code. The PUD process is multi -step. The first step is to rezone the
Ordinance 5440
October 9, 2000
Page 2
property to a PUD classification. The rezone is also a contract rezone that
will determine among other things the land use, density, number and types
of dwelling units, amount and type of open space, and the responsibilities
of the applicant. The second step is the approval of a "binding site plan"
which more specifically determines the location of buildings, streets, open
space, etc. In the subject case, the steps are being reviewed concurrently.
5. Section 18.69.040 allows PUD's in any residential designated area of the
Comprehensive Plan and the area must have at least 10 acres in order to
qualify for a PUD. In the subject case, the area is designated multi -family
residential on the Comprehensive Plan Map and is 13.58 acres in size.
6. Section 18.69.060 determines the number of units that can be allowed in a
PUD. The number of units is determined by subtracting any nonbuildable
area from the overall acreage in the site. In this case, the site is 13.58
acres in size and the applicant has identified 2.25 acres of nonbuildable
acres. The resultant 11.33 acres is multiplied by 18 which is the allowable
units per acre in high-density residential areas. The subject PUD could
CN
have 203, units but only 84 are being proposed.
0
7. Section 18.69.080 outlines certain design requirements that a PUD must
meet. Each PUD must have at least 20% of the project set aside as open
space. The subject PUD provides for 37%. The PUD must also provide for
park property pursuant to City requirements. The PUD is located within the
Lakeland Hills development and park property has been previously set
aside; therefore, this project does not need to provide additional park
property. Each PUD must also provide for pedestrian movement. The
PUD will provide a system of sidewalks and other walkways.
8. Section 18.69.080(D) requires certain design requirements to be met
including architectural treatment of the buildings and other site design
features as lighting, furniture, signs, etc. The PUD is providing six different
architectural designs for the single-family homes. While each are different,
there are similar characteristics shared amongst the six. See drawing
entitled "Concept Elevations", Vista Heights at Lakeland. The PUD will also
require ornamental/pedestrian type street lighting, some furniture along the
walkways, and the entrance signs will be coordinated.
Ordinance 5440
October 9, 2000
Page 3
9. A substantial amount of gravel and other earth material had been
previously excavated from the subject site and used as fill on other portions
of the Lakeland project. The prior excavation did not, however, prepare the
site for a future development. Even with the prior excavation, there still
remains a significant amount of earthwork that is needed in order to
accommodate the project as proposed. In order to accommodate the
driveways, building pads, utility construction, parking, etc., it is estimated
that 180,000 cubic yards of material will be excavated and used as fill on
site. It is also estimated that an additional 140,000 cubic yards of material
will need to be imported to the site and also used as fill. These totals
represent both the Auburn and Pacific portions with most of the excavation
and all of the fill occurring on the Auburn portion.
10. The property was zoned R-4 in 1988 and was approved by Ordinance
#4300. The ordinance contained a number of conditions of which two
conditions involved the steeper slopes on the property. The applicant, as
part of their PUD application, have requested that conditions 1 and 2 be
modified which would allow for more excavation of some of the steeper
slopes. Summary of the reasons is that the number individual single family
homes require a larger area to be excavated as opposed to a lesser
number of larger multi -unit buildings which was envisioned when the
property was zone R-4 in 1988.
11. The amount of excavation and fill will result in a number of retaining walls
and a substantial loss of existing vegetation. Most of the existing
vegetation is second growth that has occurred since the original excavation
that occurred in the 1980's. As part of the environmental review and
approval of the project, a vegetation mitigation plan is required as well as
additional landscaping will be required by the PUD itself. See sheets L2.1
and L2.2.
12. The site will be served by two driveways that will intersect with Lakeland
Hills Way. The driveways will provide for a loop through the project that
encompasses both the Auburn portion and the City of Pacific portion. The
two main loops will also have a five-foot wide sidewalk on one side of the
drive. The only access to the City of Pacific portion is through the City of
Auburn.
Ordinance 5440
October 9, 2000
Page 4
13. A thorough environmental review was done for the project. The City of
Auburn also acted as the lead agency for the environmental review for the
City of Pacific. The environmental review resulted in the issuance of a
Final Mitigated Determination of Non Significance (FMDNS) on August 22,
2000. The FMDNS contains 16 conditions of approval. The conditions
entail geotechnical procedures, fences and retaining walls, haul routes,
erosion control, storm drainage, wetlands, revegetation, traffic mitigation,
emergency service and utilities.
14. The contents of the case file, #PUD0001-99, and the environmental file,
#SEP0047-99, of this project are hereby incorporated by reference and
made part of the record of this hearing.
CONCLUSIONS OF LAW
The undersigned has determined that the Planned Unit Development (PUD)
may be approved in that it is consistent with the following criteria necessary to
grant the Planned Unit Development as outlined in Section 18.69.150 of the
Zoning Ordinance.
1. 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.
Adequate provisions are made for each including emergency access and
services, providing of public utilities, storm drainage, and open space.
Parks are already provided by the Lakeland development and the impacts
to schools will be mitigated by the payment of mitigation fees to the Auburn
School District.
2. The proposed PUD is in accordance with the goals, policies and objectives
of the Comprehensive Plan.
Policy LU -20 speaks to the development of new residential neighborhoods
that allows some flexibility with regard to the development standards.
Ordinance 5440
October 9, 2000
Page 5
3. The PUD is consistent with the purpose
and provides for the public benefits req
by providing an improvement in the qual
design, housing choice and/or open
otherwise be attained through a develoF
subdivisions standards.
of this chapter, Section 18.69.010,
aired of the development of PUD's
ty, character, architectural and site
pace protection over what would
nent using the existing zoning and
The PUD is consistent with the purpose of the chapter by providing a
project that is an alternative to a typical multi family development and
together with the PUD as proposed and conditioned it should be a better
project than what is typically found in a R-4 zone. There will also be
provided additional pedestrian access, ornamental street lighting, special
architectural treatment of the buildings and additional landscaping.
4. The proposed PUD conforms to the general purposes of other applicable
policies or plans which have been adopted by the City Council.
There are no other specific plans or policies that apply to the project.
5. The approval of the PUD will have no more of an adverse impact upon the
surrounding area than any other project would have if developed using the
existing zoning standards of the zoning district the PUD is located in. The
PUD must also be consistent with the existing and planned character of the
neighborhood including existing zoning and Comprehensive Plan map
designations.
The 84 detached single family homes should have a less of an impact upon
the area than the 246 multi -family units that the existing R-4 zoning could
potentially allow. The single-family homes will also be more consistent the
other single-family homes of the Lakeland community.
6. The proposed PUD is consistent with the design guidelines that are outlined
in Section 18.69.080(D).
The PUD is consistent with the guidelines by providing 6 different styles of
homes with acceptable architecture style and color. Project signage will be
consistent with that of a residential neighborhood, adequate landscaping is
provided, and exterior site lighting will be provided as well.
Ordinance 5440
October 9, 2000
Page 6
DECISION
For each of the above reasons, the recommendation of the Hearing Examiner
to the Auburn City Council on this Planned Unit Development application is
approval, subject to the following conditions:
1. The binding site plan entitled Vista Heights, Lakeland consisting of 5
sheets with the revision date of 6-08-00 is approved. The PUD shall be
constructed consistent with the binding site plan as well as the grading
plans consisting of two sheets with a revised date of 6-13-00, the
schematic restoration plan consisting of two sheets and dated 3-6-00, and
the concept elevations illustrating the 6 designs for the homes dated 12-10-
99.
2. Street lights shall be provided along the interior driveways/roadways. The
style of the lights shall be pedestrian/ornamental. The applicant shall
provide to the Planning Director three styles and the Director shall choose
N one. The lights shall be spaced such that at least one -foot candle of
lighting is provided along the surface of all driveway/roadway(s) and any
c; adjacent sidewalk. If street lighting is required along the adjacent public
rights of way, it shall be of the type and standard typically required of the
o City.
3. The graveled pedestrian paths shall be constructed to the following
C' standard. The width shall be 4-6 feet and the cross slope shall be no
�a
steeper than 2%. The subgrade shall be compacted and then overlayed
with a 4 inch depth of 5/8" minus crushed stone together with a top layer
that is a 2 inches thick and consists of %" minus crushed stone. Sheet SP2
of the binding site plan illustrates a connecting (graveled) pedestrian
access to Lakeland Hills Way across from the 47th Street intersection. This
connection shall be cement concrete to be consistent with the existing
sidewalk on Lakeland Hills Way.
4. Benches shall be placed along the graveled pedestrian paths at an average
interval of 50 yards. The benches shall be at least 4 feet wide and the style
to be approved by the Planning Director.
Ordinance 5440
October 9, 2000
Page 7
5. Conditions one and two of Ordinance #4300 shall be revised to be
generally consistent with a letter dated 4-27-2000 addressed to the
Planning Department from Nancy Bainbridge Rogers. Any amendments
shall, however, only affect the subject property.
6. Any entrance signs shall be a low monument style with accenting
landscaping. One per entrance may be allowed. The style, placement and
landscaping to be approved by the Planning Director.
7. If fences are provided, they shall be of the same material, style and color
throughout the PUD. The Planning Director shall approve of such fences.
8. A. The project may be constructed in phases. Each construction phase
must be able to meet its appropriate share of the applicable requirements
of the City including the MDNS-SEP0047-99, the PUD chapter 18.69 and
this approval of PUD0001-99. In no case shall the cumulative length of any
driveway exceed 600 feet without the loop drive being connected through
the City of Pacific. The Fire Marshal and/or City Engineer may require
temporary turnarounds if the loop drive is not initially constructed.
cm cm B. If phasing is pursued, a phasing plan must be submitted to the Planning
Director for any phase prior to or concurrent with applications for
construction permits related to the phase. The plan shall address the items
in paragraph A and be approved prior to the issuance of permits for the
phase. The Planning Director shall be authorized to approve, approve with
conditions, or deny the phasing plan if the plan is not consistent with the
items in paragraph A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS
Section 1. Purpose. The above cited Hearing Examiner's Findings of
Fact and Conclusions of Law and Decision, are herewith incorporated in this
Ordinance.
Ordinance 5440
October 9, 2000
Page 8
Section 2. A Planned Unite Development (PUD) together with a binding
site plan is hereby approved to allow for a approval for a single family
condominium project located west of Lakeland Hills Way at 47th Street SE
property zoned R-4 (Multi Family) and identified on Exhibit "A" attached hereto
and incorporated in this Ordinance by this reference in the City of Auburn,
County of King, State of Washington.
Section 3. Severability. The provisions of this ordinance are declared
to be separate and severable. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of
the application thereof to any person or circumstance shall not affect the validity
of the remainder of this ordinance, or the validity of its application to other
C]
persons or circumstances.
Section 4. Recording. Upon the passage, approval and publication
of this Ordinance as provided by law, the City Clerk of the City of Auburn shall
cause this Ordinance to be recorded in the office of the King County Auditor.
Section 5. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directions of this legislation.
Ordinance 5440
October 9, 2000
Page 9
Section 6. Effective date. This Ordinance shall take effect and be in
force five days from and after its passage, approval and publication as provided
by law.
INTRODUCED: October 16, 2000
PASSED: October 16, 2000
APPROVED: October 16, 2000
u'a'� (4- ��CjQ
CHARLES A. BOOTH
MAYOR
ATTEST:
N
C, l fA
O
-_ Da 'elle E. Daskam
City Clerk
`-u
APPROVED AS TO FORM
I UL�'Qg�,A
Michael J. Reynolds
City Attorney
PUBLISHED: /O O ZQ
Ordinance 5440
October 9, 2000
Page 10
LEGAL DESCRIPTION EXHIBIT
(Paragraph 4 of Schedule A
continuation)
SITE 7: L112\o5-4oc4;)
THAT PORTION OF GOVERNMENT LOT 3, SECTION 31, TOWNSHIP 21 NORTH, RANGE 5
EAST, WILLAMETTE MERIDIAN,
IN KING COUNTY, WASHINGTON, LYING SOUTHERLY OF
47TH STREET NORTHEAST AND LAKELAND HILLS WAY,
AS ESTABLISHED: BY DEED
RECORDED UNDER RECORDING NUMBER 9302161742;
EXCEPT THAT PORTION THEREOF LYING WESTERLY OE TH- FOLLOWING
m
DESCRIBED LINE:
COMMENCING AT THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 3 OF SECTION 31,
AS INDICATED ON KING COUNTY RECORD OF SURVEY
-�
9907289001; UNDER RECORDING NUMBER
.—
THENCE SOUTH 01'53'47• WEST A DISTANCE OF 1,715.32 FEET TO THE
CORNER OF SAID GOVERNMENT
C�
LOT 3, WHICH POINT IS LYING NORTH 01.53'4ST
DISTANCE OF 1,315.32 FROM A 1967 KING COUNTY MONUMENT
£AST 1
CORNER
AT
OF SAID SECTION 31; THE SOUTHWEST
.--
THENCE SOUTH 98°97'56^ EAST A DISTANCE OF 1,273.61 FEET TO THE SOUTH
CORNER OF SAID GOVERNMENT LOT 3 AND THE TRUE EAST
-
._,
POINT OF BEGINNING,
THENCE NORTH 88'97.56• WEST A DISTANCE OF 684.57
FEET,
BEGINNING OF THIS LINE DESCRIPTION; TO THE POINT OF
THENCE NORTH A DISTANCE OF 951.41 FEET, MORE OR LESS, TO A POINT ON A
CURVE, BEING THE SOUTHERLY RIGHT
OF WAY MARGIN OF LAKELAND HILLS WAY AND
"47TH.STREET'SOUTHEAST AS ESTABLISHED BY DEED RECORDED
NUMBER
UNDER RECORDING
9302161342 AND THE TERMINUS OF THIS LINE DESCRIPTION.
SITE 9: C3ttloS-im6�
THAT PORTION OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION
TOWNSHIP 21 NORTH,
31,
RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY,
WASHINGTON, LYING SOUTHERLY OF 47TH STREET
SOUTHEAST AND WESTERLY OF
LAKELAND HILLS WAY AS ESTABLISHED BY DEED RECORDED
9303230225;
UNDER RECORDING NUMBER
EXCEPT THAT PORTION THEREOF LYING SOUTHERLY OF THE FOLLOWING DESCRIBED
LINE:
COMMENCING AT THE NORTHWEST CORNER OF THE .SOUTHWEST QUARTER OF SAID
31;
SECTION
THENCE SOUTH 01.53'97^ WEST ALONG THE WEST LINE
OF SAID SECTION 31 A
DISTANCE OF 1,315.32 FEET TO THE SOUTHWEST CORNER
OF GOVERNMENT LOT 3;
THENCE SOUTH 89.47.56' EAST A DISTANCE OF 1,277.61 TO THE SOUTHEAST
OF GOVERNMENT`tOT 3
CORNER
AND THE POINT OF BEGINNING OF THIS LINE DESCRIPTION;
THENCE ON A RADIAL BEARING SOUTH 77.43.09^
EAST A DISTANCE OF 157.67 FEET TO
LEGAL
rr
UMON
(Paragraph 4 of Schheduullc A continuation)
THE SOUTHEASTERLY MARGIN OF PROPOSED 53RD STREET SOUTHEAST, WHICH POINT IS
ON A CURVE;
THENCE ALONG SAID PROPOSED SOUTHEASTERLY MARGIN THE FOLLOWING 4 COURSES:
THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 225.00 FEET, THE
CENTER OF WHICH BEARS SOUTH 77043'0
41°10'16" AN ARC DIS8" EAST, THROUGH A CENTRAL ANGLE OF
TANCE OF 161.68 FEET TO A POINT OF COMPOUND CURVATURE;
THENCE CONTINUING ON A CURVE TO THE RIGHT HAVING A RADIUS OF 295.00 FEET
THROUGH A CENTRAL ANGLE OF 36032'55" AN ARC DISTANCE OF 188.18 FEET TO A
POINT OF REVERSE CURVATURE;
THENCE ON A CURVE TO THE LEFT HAVING A RADIUS OF 276.21 FEET, THE CENTER OF
WHICH BEARS NORTH 00°00'00" EAST THROUGH A CENTRAL ANGLE OF 17°58'52" AN ARC
DISTANCE OF 93.07 FEET;
THENCE ON A CURVE TO THE RIGHT HAVING A RADIUS OF 50.00 FEET THROUGH A
CENTRAL ANGLE OF 47004'47" AN ARC DISTANCE OF 41.09 FEET TO A POINT ON THE
SOUTHWESTERLY MARGIN OF LAKELAND HILLS WAY AS ESTABLISHED BY DEED RECORDED
UNDER RECORDING NUMBER 9303230225, AND THE TERMINUS OF THIS LINE
Cn DESCRIPTION.
,r
CV
C:D
CJ
C7>
Ordinance 5440
October 9, 2000
Exhibit "A"
Page 2
Ordinance 5440
October 9, 2000
Exhibit "A"
Page 3