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Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
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RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
1. Planned Unit Development (Ordinance No. 6175)
Reference Number(s) of Documents assigned or released:
?Additional reference #'s on page _ of document
Grantor(s) (Last name first, then first name and initials)
1. Auburn, City of
Grantee: (Last name first) erd were f*W for
:anuldbYpa?cificiNt?hwectTilie?
1. Investco Financial Corporation awa nmodationoNy tthasWbmn
1car?wW as to proper "eagan or
as b b affect upon title.
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
Section 5 Township 20 Range 5 .Quarter 33
® Additional legal is on page 10 of the document.
Assessor's Property Tax Parcel/Account Number:
0520053023,0520053022,0520053022,0520053024,0520053018
? Assessor Tax # not yet assigned
*51
ORDINANCE NO. 6175
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING A MAJOR
AMENDMENT TO THE LAKELAND HILLS SOUTH PLANNED
UNIT DEVELOPMENT (PUD) FINAL DEVELOPMENT PLAN
WHEREAS, Application No. MIS08-0005, dated February 1, 2008, was submitted
to the City of Auburn, Washington, by Investco Financial Corporation, for approval of a
Major Amendment to the Lakeland Hills South Planned Unit Development (PUD)
boundary to incorporate approximately 3.79 acres into the PUD as light commercial; and
WHEREAS, the site is located southeast of the intersection of Lake Tapps
Parkway East, and Lakeland Hills Way SE and the address is 1406 167'" Avenue E; and
WHEREAS, on March 19, 2008, the Hearing Examiner conducted a duly noticed
public hearing on the matter and on April 15, 2008, issued a decision recommending the
City Council approve the major amendment, subject to three conditions based on the
following Findings of Fact and Conclusions, to-wit:
FINDINGS OF FACT
Procedural:
1. Applicant. The applicant is Investco Financial Corporation.
2. Hearing. The Hearing Examiner conducted a hearing on the application at 5:30
p.m. at Auburn City Hall in the Council Chambers on March 19, 2008. The record was
held open until April 2, 2008. The Hearing Examiner agreed to keep the record open
until March 26, 2008 for staff to respond to Exhibit 11, and until April 2, 2008 for the
applicant and Mr. Gordon to reply and comment, respectively, to staff's response.
Substantive:
3. Site/Proposal Description.
A. Background. The applicant requests a "Major Amendment" to the
Lakeland Hills South Planned Unit Development boundary. A Major Amendment is
Ordinance No. 6175
April 30, 2008
Page 1
subject to the review process of Chapter 18.76 ACC. The application qualifies as a
major amendment because it increases the acreage permitted for light commercial
development.
During the 2007 annual Comprehensive Plan amendment cycle, the applicant sought
and was granted an amendment to the Comprehensive Plan Map to change the
designation of areas within the PUD (Lakeland Hills Special Plan Area) from Single
Family Residential to Light Commercial.
The applicant has submitted a rezone application for affected parcels involved in this
major amendment request for concurrent review. Preliminary plat, site plat or a
combination of both will follow.
B. Requested Amendment. The proposed amendments are all incorporated
into the Final Development Plan admitted as Exhibit 3. The amendments incorporated
into Exhibit 3 are summarized as follows:
(1) Addition of 3.79 acre Area 12a to the Final Development Plan.
(2) Revisions in the Land Use table and overall area of the PUD.
4. Characteristics of the Area. The change involved in the instant Major
Amendment is located in Area 12a. The area surrounding Area 12a within the City of
Auburn are zoned single and multi family residential and commercial. A wetland buffer
also borders Area 12a to the northeast.
5. Adverse Impacts. It is unlikely that the amendment will create any
significant adverse impact. A SEPA Determination of Nonsignificance was issued for the
amendment. Furthermore as noted above, the Comprehensive Plan was recently
amended to permit the instant amendment by the applicant.
CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearing Examiner. ACC 18.76.130 requires the hearing examiner to
conduct public hearings on major amendments to planned unit developments and to
make recommendations on the amendments to the City Council.
Substantive:
2. Zoning Designation. Single Family Residential - Approval of recommendation to the
City Council to rezone to Light Commercial pending.
Ordinance No. 6175
April 30, 2008
Page 2
3. Review Criteria and Application. ACC 18.76.170 requires a property owner to apply
for a Major Amendment if the owner seeks to increase the acreage permitted for light
commercial development within a planned unit development by more than 10%. As
noted in the Findings of Fact, the subject amendment proposes an addition of a 3.79
acre Area 12a to the Final Development Plan - an addition of more than 10% of light
commercial development. ACC 18.76.140 governs the criteria for Major Amendments.
Relevant criteria are quoted below with corresponding conclusions of law.
ACC 18.76.140(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.
4. The adequacy of infrastructure at this level of review is assessed in terms of the
anticipated capacity of facilities. More specific infrastructure needs will be addressed at
site plan and other subsequent development review. At this stage of project review, the
applicant has provided sufficient information to verify the ability to adequately serve this
new area. Staff has concluded that the area will be served by adequate sanitary sewer
and stormwater facilities. The City of Bonney Lake has capacity to provide water. As a
commercial development, the amendment should have no impact on schools, parks or
playgrounds.
The transportation needs of the project are addressed by the staff's recommendation
that the applicant dedicate property for a street connector designated for the area in the
City's Comprehensive Plan. Initially, the applicant objected to a dedication and
requested a reservation of land as an alternative. See Exhibit 11. After reviewing staff's
response to applicant's objection, however, applicant accepted staff's recommendation
for the dedication. See Exhibits 12 and 13. The Examiner construes applicant's
acceptance as a waiver of any objection to the dedication requirement. The validity of
the condition requiring dedication, having been mutually agreed upon by both applicant
and staff, will not addressed by the Examiner as a result.
The conditions of approval for this application, in conjunction with approvals for
subsequent permit review such as site plan review, will ensure that the project is
consistent with the public health, safety and general welfare. There is nothing in the
record that suggests the project will create adverse impacts that are not otherwise
adequately addressed by the City's development standards.
ACC 18.76.140(8): The proposed Major Amendment to the PUD is in accordance with
the goals, policies and objectives of the Comprehensive Plan.
5. The proposed development of this area will remain consistent with the
Comprehensive Plan. During the 2007 annual Comprehensive Plan amendment cycle,
the applicant sought and was granted an amendment to the Comprehensive Plan Map to
change the designation of the affected area from Single Family Residential to Light
Commercial (Lakeland Hills Special Plan Area). The area proposed to be included
within the Lakeland Hills PUD is near existing urban services and infrastructure. The
Comprehensive Plan supports the core development of vacant or underdeveloped
properties that further limits urban sprawl on the edges of the planning area. As
indicated by the applicant, the Lakeland Hills South PUD has a continued need for
Ordinance No. 6175
April 30, 2008
Page 3
expanded neighborhood commercial services that can be accommodated under this
proposal.
ACC 18.76.140(C): The Major Amendment is consistent with the purpose of this
chapter, ACC 18.76.010, 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.
ACC 18.76.010 provides as follows:
ACC 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. Z15-901UP9-70) as
amended. The conditions of approval which remain applicable are
attached to Ordinance No. 5092 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 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.
8. 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.
Ordinance No. 6175
April 30, 2008
Page 4
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. PUDs 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 nonmotorized plan.
G. Affordable Housing. Provide affordable housing options in
accordance with Auburn's comprehensive plan.
6. The amendments do not change densities approved by the City through the
Comprehensive Plan process. Development standards within these areas will be
consistent with the character of development that has already taken place within
Lakeland Hills and as required in Chapter 18.76 ACC. As a commercial development,
this amendment will not increase the number of dwelling units allowed within the PUD.
No significant adverse environmental impact is anticipated or suggested in the record.
ACC 18.76.140(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.
7. As noted previously, the amendments are consistent with the Auburn Comprehensive
Plan and the overall Lakeland South PUD, which have been adopted and accepted by
the City Council, respectively.
ACC 18.76.140(E): The approval of the Major Amendment will have no more
adverse impact upon the surrounding area than the approved Lakeland Hills South
PUD as shown on the Official Lakeland Plan Map.
8. The intent of this amendment is to modify the Official Lakeland Plan Map ("Final
Development Plan"). As noted above, the amendment will not increase the number
of dwelling units or density beyond what is currently approved. Furthermore,
subsequent developments on the site will be required to meet all applicable codes
and regulations, including mitigation of any then anticipated environmental impacts.
Ordinance No. 6175
April 30, 2008
Page 5
RECOMMENDATION
Based upon the application and Findings of Fact and Conclusions of Law, the Hearing
Examiner recommends approval of the Major Amendment MIS08-0005 subject to the
following conditions:
1. Future development within the project area shall require separate environmental
(SEPA) review to assess the potential environmental impacts and determine appropriate
project conditioning, based on the specific development proposal.
2. In order to meet the intent of the City's adopted Comprehensive Transportation Plan
and provide roadway access which meets city standards to properties east of the subject
site, the applicant/owner shall dedicate a minimum of 15 feet of right of way along the
south property line of the rezone site. This right-of-way dedication shall extend east
from Lakeland Hills Way to the eastern boundary of the site. This future roadway shall
be labeled accordingly on the Final Development Plan Map consistent with the
Comprehensive Plan.
3. For this Major Amendment to become effective, the applicant/owner shall receive
concurrent approval for the REZ08-0001 Lakeland Hills South PUD Rezone to change
the underlying zoning of the subject site from residential to commercial. If the proposed
Rezone is denied, this Major Amendment request shall also be denied.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Approval. A Major Amendment to the to the Lakeland Hills South
Planned Unit Development Final Development Plan is hereby APPROVED based upon
the Hearing Examiner's Findings of Fact, Conclusions and Recommendation to amend
the existing PUD boundary to incorporate approximately 3.79 acres into the PUD for
future designation as light commercial, located at 1406 167th Avenue E (Pierce County
Parcels 0520053023, 0520053022, 0520053024, 0520053018) identified in Exhibit "A"
attached hereto and incorporated by reference, subject to the following conditions:
Condition 1. Future development within the project area shall require separate
environmental (SEPA) review to assess the potential environmental impacts and
determine appropriate project conditioning, based on the specific development proposal.
Condition 2. In order to meet the intent of the City's adopted Comprehensive
Transportation Plan and provide roadway access which meets city standards to
properties east of the subject site, the applicant/owner shall dedicate a minimum of 15
Ordinance No. 6175
April 30, 2008
Page 6
feet of right of way along the south property line of the rezone site. This right-of-way
dedication shall extend east from Lakeland Hills Way to the eastern boundary of the site.
This future roadway shall be labeled accordingly on the Final Development Plan Map
consistent with the Comprehensive Plan.
Condition 3. For this Major Amendment to become effective, the
applicant/owner shall receive concurrent approval for the REZ08-0001 Lakeland Hills
South PUD Rezone to change the underlying zoning of the subject site from residential
to commercial. If the proposed Rezone is denied, this Major Amendment request shall
also be denied.
Section 2. 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 persons or
circumstances.
Section 3. 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 4. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 5. 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.
Ordinance No. 6175
April 30, 2008
Page 7
ATTEST:
Dan Ile E. Daskam,
City Clerk
APP VED TO FORM:
aniel B. . Hei
City Attorney
PUBLISHED:
Ordinance No. 6175
April 30, 2008
Page 8
INTRODUCED: MAY - 5 2008
PASSED: MAY - 5 2008
APPROVED: Yer 2008
PETER B. LEWIS
MAYOR
EXHIBIT A
Pierce County Tax Parcel No. 0520053023
Section 05 Township 20 Range 05 Quarter 33: BEG AT A PT ON W LI OF SEC 570.85
FT N OF SW COR OF SW OF SEC TH N TO NW COR OF S 1/2 OF SW OF SW TH E
300 FT TH S TO A PT E OF POB TH W 300 FT TO BEG SEG F 5702
Pierce County Tax Parcel No. 0520053022
Section 05 Township 20 Range 05 Quarter 33: COM AT SW COR OF SEC TH N 00
DEG 05 MIN E ALG W LI OF SD SEC 392.51 FT TO POB TH CONT N 00 DEG 05 MIN
E 178.34 FT TH N 85 DEG 50 MIN E 300 FT TH S 00 DEG 05 MIN W 89.17 FT TH S 85
DEG 50 MIN W 165 FT TH S 00 DEG 05 MIN W 89.17 FT TH S 85 DEG 50 MIN W 135
FT TO POB SEG F 5702
Pierce County Tax Parcel No. 0520053022
Section 05 Township 20 Range 05 Quarter 33: COM AT SW COR OF SEC TH N 00
DEG 05 MIN E ALG W LI OF SD SEC 392.51 FT TO POB TH CONT N 00 DEG 05 MIN
E 178.34 FT TH N 85 DEG 50 MIN E 300 FT TH S 00 DEG 05 MIN W 89.17 FT TH S 85
DEG 50 MIN W 165 FT TH S 00 DEG 05 MIN W 89.17 FT TH S 85 DEG 50 MIN W 135
FT TO POB SEG F 5702
Pierce County Tax Parcel No. 0520053024
Section 05 Township 20 Range 05 Quarter 33: COM AT SW COR OF SEC TH N 00
DEG 05 MIN E ALG W LI OF SEC 392.51 FT TH N 85 DEG 50 MIN E 135 FT TO POB
TH N 00 DEG 05 MIN E 89.17 FT TH N 85 DEG 50 MIN E 165 FT TH S 00 DEG 05 MIN
E 89.17 FT TH S 85 DEG 50 MIN W 165 FT TO POB SEG F 5702
Pierce County Tax Parcel No. 0520053018
Section 05 Township 20 Range 05 Quarter 33: S 1/2 OF FOLL DESC PROP BEG AT A
PT 125 FT N OF SW COR OF SEC TH N 535 FT TH E 300 FT TH S 535 FT TH W 300
FT TO BEG SUBJ TO EASEMENT
Ordinance No. 6175
April 30, 2008
Page 9