HomeMy WebLinkAbout6028
I IItII I1pI~R5IIAII III Lrlfill Ylpl11 MINI II III
4Q[Ik tW~Y~9~PiNl~~1 ~5
Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
1. Amended Planned Unit Development Final Development Plan (Ordinance 6028)
Reference Number(s) of Documents assigned or released: NONE
^Additional reference #'s on page of document
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
CITY OF AUBURN
Grantee/Assignee/Beneficiary: (Last name first)
Evergreen Tucci Partners, LLC
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
Lakeland Hills South PUD
^Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number
0520053015,0520053040,0520053028,0520052037,0520053034,0520053016,0520053035,
0520052035,0520056022,0520053052,0520053006,0520052039,0520056017,0520052036,
0520053053, 0520053041, 0520051036, 0520052034, 0520056014, 0520051001, 0520056015,
0520056036
^ Assessor Tax # not yet assigned
`}'O
ORDINANCE NO. 6028
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING A
MAJOR AMENDMENT TO THE LAKELAND HILLS
SOUTH PLANNED UNIT DEVELOPMENT FINAL
DEVELOPMENT PLAN
WHEREAS, the City of Auburn received an application from Evergreen-
Tucci Partners to amend the Final Development Plan for the Lakeland Hills South
Planned Unit Development on December 21, 2005; and
WHEREAS, on March 21, 2006, the Hearing Examiner conducted a duly
noticed public hearing on the matter and on May 1, 2006, issued a decision
recommending the City Council approve the major amendment, subject to
conditions; and,
WHEREAS, final approval is appropriate for City Council action; and
WHEREAS, based on the review given this matter by the Hearing
Examiner, the City Council hereby makes and enters the following:
FINDINGS OF FACT
1. The Applicant requests a major amendment to an existing PUD, the
Lakeland Hills South PUD Final Development Plan. The Applicant seeks
to make six amendments to the PUD. Amendments include deletion of a
school site, changes from single-family residential to moderate density
residential, revisions to the land use table, and designation of recently
acquired property as moderate density residential.
2. Lakeland Hills South is a Planned Unit Development District (PUD) that
was established by Pierce County's approval of the Lakeland Hills South
Planned Development District. The PUD was accepted by the City as an
approved PUD in 1998. The purpose of a PUD is to offer enhanced
flexibility to develop a site through innovative and alternative development
Ordinance No. 6028
May 11 , 2006
Page 1
standards while providing higher quality development and more public
benefits.
3. The Lakeland Hills PUD originally contained 685 acres, allowing for a total
of 3,408 dwelling units (du) within the PUD. In 2004-2005, the PUD was
amendment to allow for a total of 3,658 duo Since the original and
amended PUD approval, road systems, utility infrastructure, and parks
have been developed that are sufficient to support the anticipated density.
Currently, due to land and market conditions, it appears that the existing
PUD would not allow all the units allowed under Lakeland Hills PUD's
projections. Without a modification in density, the PUD would need
additional acreage in order to achieve the allowed residential density.
4. The development of Lakeland Hills is guided by a Final Development Plan
to which all plats must conform. This document has been amended
several times to reflect changes to proposed development including the
acquisition of additional acreage, infrastructure funding, and residential
density allocations.
5. The Applicant proposes six amendments:
a) Deletion of School Site S-2 (8 acres), addition of this site to
Area 7 (Residential 2-4 du/acre)
b) Modification of Area 7 from Single Family Residential (SFR) to
Moderate Density Residential (MDR), 2-14 du/acre
c) Modification of Area 8 from SFR to MDR 2-14 du/acre
d) Modification of Area from SFR to MDR 2-14 du/acre
e) Revision of the Land Use Table to reflect map changes
f) Designation of Area 16 as MDR 2-14 du/acre
6. The first proposed amendment seeks to delete an eight acre school site.
The site is located within the western portion of Area 7. According to the
Applicant, the Auburn School District determined that the site is too small
to suit their building needs. Deletion as a school site would transfer the
acreage to Area 7, making it available for residential development.
7. Proposed Amendments 2,3,4, and 6 seek to change the current land use
designation of Single Family Residential (SFR) to Moderate Density
Residential (MDR), 2-14 du/acre. Amendment 2 pertains to Area 7,
Amendment 3 to Area 8, Amendment 4 to Area 9, and Amendment 6 to
Area 16. The Applicant asserted that the change would allow densities
consistent with the site's Comprehensive Plan designation of Moderate
Density Residential.
Ordinance No. 6028
May 11, 2006
Page 2
8. The final proposed amendment seeks to revise the Land Use Table to
reflect the proposed changes.
9. Area 7 is located within the southeastern corner of the PUD. This area
has utilities, access from an arterial, and access to park facilities. The
change to MDR would benefit the community by maximizing the number of
units within the PUD and provide a mixture of residential densities and
types. Higher density is needed to develop the site given the steep
slopes and gas pipeline easement which bisects it. The MDR designation
would facilitate the City's Comprehensive Plan by providing a transition
from SFR to more intensive designations, such as the commercial area
located at the intersection of Lakeland Hills Way and Lake Tapps
Parkway.
10.Areas 8 and 9 are located within the northeastern portion of the PUD.
These areas have utilities, access to park facilities, and adequate arterial
access. The western edge of Area 8 abuts Area 4, which is designated as
MDR 2-14 du/acre, and a change to MDR would provide compatibility with
this adjacent land use. The site is buffered by a Bonneville Power
Association (BPA) easement and wetlands/wetlands buffers. The change
to MDR would benefit the community by fully utilizing properties served by
utilities and having access to parks and arterials. The MDR designation
would also serve to provide transition between surrounding SFR and the
higher intensity uses in the core of the Lakeland Hills PUD.
11. The designation of Area 16 as MDR would be consistent with the densities
of adjacent PUD areas and would allow a density which would accomplish
the goals and objectives of the PUD. Infrastructure improvements
developed within the PUD itself would provide beneficial services to Area
16. As with Areas 7, 8, and 9, the MDR designation would provide a
buffering between SFR and more intense uses. Such buffering is
appropriate along arterials and between commercial and SFR areas.
12. A Final Environmental Impact Statement (EIS) was issued for the
Lakeland Hills South PUD in 1992. On March 31,2006, after review of
the requested amendments, the City issued an Addendum to the Final EIS
for the Lakeland Hills South PUD with no modifications to the Final EIS
mitigation measures.
13. The Applicant sought to include two recently acquired parcels within the
PUD. A 2.52 acre parcel of land labeled the "Walker Parcel" (Pierce
County Tax Parcel 0520056015) and a 0.83 acre parcel of land labeled
Ordinance No. 6028
May 11 , 2006
Page 3
the "Sundemann property" (Pierce County Tax Parcel 0520056036).
These parcels were not included within the original Lakeland Hills PUD.
Pursuant to ACC 18.76.170, the Planning Director has the authority to
approve 'minor adjustments' to the Lakeland Hills South PUD.
Adjustments are minor if the do not affect permitted densities, change the
basic character or condition of the PUD, or increase/decrease the
perimeter boundaries by more than ten percent. The Walker and
Sundemann parcels account for less than ten percent of the overall
proposed plat and development, at the proposed density, would not
increase the permitted density. Based on these factors, on January 26,
2006, the Planning Director approved the minor adjustment, amending the
Lakeland Hills South PUD Agreement to reflect the inclusion of the Walker
Parcel and on April 22, 2006, the Planning Director approved the inclusion
of the Sundemann Parcel.
14. Notice of the public hearing was posted on the property on April 10, 2006.
Notice of the public hearing was mailed to all property owners located
within 300 feet of the affected site on April 10, 2006. Notice of the public
hearing was published in the King County Journal on April 7, 2006. The
notice provided in this matter erroneously stated that the property was
"generally located between 52nd street SE to the north ... "; the property is
located south of "62nd Street SE."
15. No public comment on the PUD major amendment was received in
advance of the hearing nor was public testimony presented at the hearing.
16. The major amendment to the Lakeland Hills South PUD Final
Development Plan and a preliminary plat for Lakeland Hills (PL T05-0006)
were consolidated into one proceeding at the public hearing.
17.Pursuant to ACC 18.76.170(B), a major amendment to a PUD is any
adjustment that is not defined as "minor" in ACC 18.76.170(A). A request
which would increase/decrease the perimeter boundaries of the planning
area as shown on the official plan map for the PUD by more than 10
percent is considered a major amendment as is an amendment which
would increase the overall density by more than 10 percent. The City
determined that the Applicant is requesting a major amendment to the
PUD because the amendment is intended to reflect the PUD's land
expansion recognized in the 2004 Comprehensive Plan updates,
subsequent land purchases, and changes to the overall character of the
PUD.
Ordinance No. 6028
May 11, 2006
Page 4
18.ACC 18.76.020 states that the approval process for a major amendment
to the Lakeland Hills South PUD requires 3 steps: (1) recommendation by
the hearing examiner and final approval of the major amendment by the
city council utilizing the rezone process specified in ACC 18.68; (2)
approval of a preliminary plat and/or site plan; (3) approval of the final plat
by the city council.
19.ACC 18.76.020(A) requires a major amendment to 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. Although the Applicant has submitted
a preliminary plat application for some of the area involved in this
amendment (see PL T05-0006), no specific proposal is being presented.
Therefore, only land use and densities (residential 2 - 14 du/acre) is being
addressed at this time and all other items would be reviewed through plat
and/or site plan approval.
CONCLUSIONS OF LAW
1. The proposal contains adequate provisions 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. Since the original and
amended PUD approval, road systems, utility infrastructure, and parks
have been developed that are sufficient to support the authorized number
of residential dwelling units. The proposed amendments will not affect
the overall type of development occurring within the PUD, only the
distribution within the PUD. Provisions for streets with sidewalks for
pedestrian safety, including safe walking for school children and payment
of school, traffic, and fire impact fees will be addressed at the time of plat
and/or site plan approval. The development will be served by City of
Bonney Lake water and City of Auburn sanitary sewer.
2. The proposal is in accordance with the goals, policies, and
objectives of the comprehensive plan. The proposed amendments
would be consistent with the goals, objectives, and policies of the City's
Comprehensive Plan. The intent of the amendments is to ensure
consistency between the PUD's Final Development Plan and the
Ordinance No. 6028
May 11 , 2006
Page 5
Comprehensive Plan Map. The amendments would implement and
promote the Comprehensive Plan.
3. The proposed major amendment is consistent with the purpose of
ACC 18.76, provides for the public benefits required of the
development of PUDs and does not result in only increasing the
number of units that would otherwise be attained through a
development using the existing zoning and subdivision standards.
The proposed major amendment reflects density allocations that were
approved by the Auburn City Council during the 2004-2005
Comprehensive Plan Amendment process. The change to MDR would
benefit the community by fully utilizing properties served by utilities and
having access to parks and arterials. The MDR designation would also
serve to provide transition between surrounding SFR and the higher
intensity uses in the core of the Lakeland Hills PUD. All development
within the PUD must be consistent with the Final Development Plan.
4. The proposed major amendment conforms to the general purposes
of other applicable policies or plans which have been adopted by the
City Council.
5. The approval 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. The primary intent of the
major amendment is to modify the official Final Development Plan (or, the
Lakeland Plan Map). The amendments would include two small parcels of
land (less than 5 acres) that would be surrounding by the PUD if not
included. The amendments would not increase previously approved
density, so no greater impact is expected in the surrounding area. The
City conducted environmental review, and issued an Addendum to the
Final EIS with no modifications to mitigation measures.
NOW THEREFORE, Based on the foregoing Findings of Fact and
Conclusions, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Approval. The requested Major Amendment to the Lakeland
Hills South Planned Unit Development Final Development Plan, is hereby
approved, subject to conditions:
Ordinance No. 6028
May 11, 2006
Page 6
1. Future development within the PUD shall require individual environmental
review in accordance with Washington's State Environmental Policy Act
(SEPA), RCW 43.21 C), and individual project conditioning. SEPA review
and project conditions will be through the appropriate mechanism for the
type of development proposed (i.e. preliminary plat, binding site plan).
2. The Applicant shall enter into an amended agreement for the Lakeland
Hills South PUD prior to the Revised Final Development Plan becoming
effective.
3. The legal description for the "Walker Parcel" and the "Sundemann Parcel"
shall be added as an addendum to the Final Development Plan for
Lakeland Hills PUD.
Section 2. Constitutionality or Invalidity. If any section, subsection
clause or phase of this Ordinance is for any reason held to be invalid or
unconstitutional such invalidity unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this Ordinance, as it is being hereby
expressly declared that this Ordinance and each section, subsection, sentence,
clause and phrase hereof would have been prepared, proposed adopted and
approved and ratified irrespective of the fact that nay one or more section,
subsection, sentence, clause or phase be declared invalid or unconstitutional.
Section 3. 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 Pierce County Auditor.
Section 4. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directives of this legislation.
Ordinance No. 6028
May 11, 2006
Page 7
Section 5. Effective Date. This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and publication, as
provided by law.
:&8T
aJ:ti ~
Dan lie E. Daskam,
City Clerk
PETER
MAYOR
r ~~6Mt1-t /~ L C/O 0
Ordinance No. 6028
May 11 , 2006
Page 8
---