The URL can be used to link to this page

Home My WebLink About09-06-2005 ITEM VIII-A-3/A}CITTY_O�FR� *� WASHfNGTON AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 5940 for Date: Application No. REZ05-0004 Au ust 31, 2005 Department: Planning Attachments: Ordinance No. 5940, Budget Impact: H.E. Decision, Staff Report, Vicinity Map, D.N.S., Application Administrative Recommendation: City Council introduce and adopt Ordinance No. 5940 Background Summary: The Hearing Examiner on August 9, 2005 conducted a public hearing on the request of Lakeland East LLC, to rezone approximately 77 -acres from R1 Single Family Residential to Planned Unit Development District -Lakeland Hills South Special Plan Area. The lands proposed for rezoning are located within a recently annexed area and are located generally east of Old Man Thomas Road and also south of Lake Tapps Parkway. Subsequent to the hearing, the Examiner recommended to the City Council approval of the rezone. The City Council may now either affirm the Examiner's decision, remand to the Examiner or schedule a closed record hearing. The Council can only modify or disaffirm the Examiner's decision after conducting their own closed record hearing. HE\REZ05-4 and ORD 5940 L0906-3 03.8 REZ05-0005 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ® Building ® M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ® Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ® Fire ® Planning ❑ Park Board ❑Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ® Public Works ❑ Human Resources Action: Committee Approval: ❑Yes []No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until__/_/ Tabled Until / / Councilmember: Norman Staff: Krauss Meeting Date: September 6, 2005 1 Item Number: VIII.A.3 AUBURN* MORE THAN YOU IMAGINED ORDINANCE NO. 5 9 4 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE REQUEST TO REZONE APPROXIMATELY SEVENTY SEVEN ACRES FROM R1 SINGLE FAMILY -RESIDENTIAL TO PLANNED UNIT DEVELOPMENT DISTRICT (LAKELAND HILLS SOUTH SPECIAL PLAN AREA) WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, Application No. REZ05-004 dated June 6, 2005, has been submitted to the City of Auburn, Washington by Lakeland East LLC, through its agent Martin D. Waiss, requesting approval of a rezone request for approximately 77 acres from R1 Single Family Residential to Planned Unit Development District (Lakeland Hills South Special Plan Area) in Auburn, Washington. WHEREAS, said request above referred to was referred the Hearing Examiner for study and public hearing thereon; and WHEREAS, pursuant to staff review, the Hearing Examiner conducted a public hearing to consider said petition in the Council Chambers of the Auburn City Hall on August 9, 2005, of which the Hearing Examiner recommended approval of the rezone on August 25, 2005; and WHEREAS, the City Council, on September 6, 2005, considered said request and affirmed the Hearing Examiners recommendation for preliminary rezone based upon the following Findings of Fact and Conclusions, to -wit: Ordinance No. 5940 September 1, 2005 Page 1 of 9 FINDINGS OF FACT 1. Lakeland East LLC (Applicant), through its agent Martin D. Waiss, requested approval of a rezone of approximately 77 acres of property recently annexed to the City of Auburn. The rezone would reclassify the property from R -I Single Family Residential to Planned Unit Development (PUD). In addition, the Applicant requested a major amendment to an existing PUD, the Lakeland Hills PUD. 2. Notice of the public hearing was posted on the property on July 28, 2005. Notice of the public hearing was mailed to all property owners located within 300 feet of the affected site and published in the King County Journal on July 29, 2005. The notice provided in this matter only stated that a public hearing was being held on the rezone of the property and made no reference to the proposed major amendment to the PUD. Exhibit 1 , 6, 7, and 8. 3. No public comment on the rezone application or PUD major amendment was received in advance of the hearing nor was public testimony was presented at the hearing. 4. The rezone and the major amendment to the Lakeland Hills South Special Area Plan were consolidated into one proceeding at the public hearing. A. REZONE FINDINGS 1. The Applicant, through its agent Martin D. Waiss, requested approval of a rezone of approximately 77 acres from R -J Single Family Residential to Planned Unit Development District (Lakeland Hills South Special Plan Area). The property is located east of Old Man Thomas Road and south of Lake Tapps Parkway, lying just west of the Lakeland Hills Planned Unit Development (PUD). Lakeland East LLC is the same developer who has been constructing the Lakeland Hills PUD since the early 1 990s. Exhibit 1, Staff report page 2; Testimony of Mr. Pilcher. 2. Pursuant to Auburn City Code (ACC) 18.68.020(A)(1), a rezone is an amendment to the Zoning Map and may be initiated by a request from one or more property -owners. The Applicant is the owner of the property involved in this rezone and filed an application with the City on June 6, 2005. ACC 18. 68. 020: Exhibit 3, Rezone Application. 'Note: All exhibits referenced herein are exhibits attached to the Hearing Examiner's Findings of Fact and Conclusions, which exhibits are incorporated herein. Ordinance No. 5940 September 1, 2005 Page 2 of 9 3. Applicant's rezone application includes 20 parcels that are the subject of this rezone. All parcels are located within Pierce County and are referenced by Pierce County Tax Assessor's parcel numbers 0520053015, 0520053040, 0520053028, 0520052037, 0520053034, 0520053016, 0520053035, 0520052035, 0520056022, 0520053052, 0520053006, 0520052039, 0520056017, 0520052036, 0520053053, 0520053041, 0520051036, 0520052034, 0520056014, and 0520051001, and range in size from 0.40 acres to 24.11 acres. Exhibit 3, Rezone Application; Pierce County Tax Assessor. 4. According to Pierce County Tax Assessor records, the total acreage for all parcels is approximately 105.72 acres. Based on the Site Map, Exhibit 2 it appears that Parcel No. 0520051036 (1.48 acres), Parcel No. 0520051001 (4.51 acres), and the northern portion of Parcel No. 0520052039 are not part of this rezone and will retain the R1 zoning designation. With the subtraction of these parcels, the acreage is more in agreement with the Applicant's proposed 77 acre rezone. Exhibit 2, Site Map; Exhibit 3, Rezone Application; Testimony of Mr. Pilcher. 5. The subject parcels are within unincorporated Pierce County but contained within the City's potential annexation area (PAA). At the date of the public hearing (August 9, 2005), the City was in the process of annexing the property subject to the rezone.' The Staff conditioned approval of the rezone on the annexation of the subject property. On August 1, 2005, the City Council passed Ordinance 5932, annexing the area to the City effective August 15, 2005. Exhibit 1, Staff Report, page 2 and 5; Exhibit 12; Exhibit 12A; Testimony of Mr. Pilcher. 6. The R-1 zone is intended to create a living environment of optimum standards for single- family detached dwellings by limiting development to relatively low degrees of density. This district allows for I dwelling unit per 8000 square foot lot. The Lakeland Hills South PUD zoning district is intended to offer enhanced flexibility for developing a site by utilizing innovative and alternative development standards and allowing for a greater range of residential densities. PUD density is based on the planning area where the property is located. Applicant seeks to rezone the property within the 'moderate density residential planning area which would allow for 2 to 14 dwelling units per acre. ACC 18.12.010; ACC 18. 76.010; 18.76.060(6). 7. Pursuant to the requirements of RCW 36.70A, the City conducted a review of their Comprehensive Plan in 2004. During this review, the public could submit requests for changes to both the text of the Comprehensive Plan and the Comprehensive Plan Map (the Map). Applicant submitted such a request, seeking to amend the Map from Single Family Residential to Moderate Density Ordinance No. 5940 September 1, 2005 Page 3 of 9 Residential for certain properties within and outside of the Lakeland Hills South Special Plan Area, including the parcels pertaining to this rezone. On December 20, 2004, after much discussion on the issues of traffic, housing density, topography, parks, and policy considerations, the City Council passed Ordinance 5891 amending both the map and the text of the Comprehensive Pian designating the property as Moderate Density Residential. RCW 36.7004; Exhibit 10; City Council Minutes, Dec. 20, 2004. 8. City of Auburn Ordinance 5891 approved and enacted the Comprehensive Plan Amendments as set forth in its attached documents and maps identified as "Exhibit A". Exhibit A, entitled "CPM#1", included a Site Map with areas affected by the amendment shown by 'hatch markings.' Comparing the CPM#1 Site Map 'With the Applicant's rezone application (Exhibit 3) and the Site Map (Exhibit 2), it appears the Parcel No. 0520052039 and Parcel No. 0520051036 were not included in Ordinance 5891. Exhibit 2; Exhibit 3; Ordinance 5891 - CPM#1 Proposed Comprehensive Plan Map Amendment 9. As part of the text amendments to the Comprehensive Plan, the City Council established a condition that the northernmost area, approximately 20 acres, adjacent to and contiguous "Kith the neighborhoods of "Evergreen" and "Eastpointe" will not be developed as "for rent," "semi-detached," or "attached" housing and will be restricted to utilizing development standards which are no more intense than the Single Family Detached provisions found in ACC 18.76. The purpose of the restrictions are to provide for transition between residential areas of varied densities. Exhibit 1, Staff Report, page 2-3; Exhibit 10, Ordinance 5891; Testimony of Mr. Pilcher. 10. ACC 18.68.030(8)(1) requires the Director of Planning and Community Development to review a rezone application for consistency with the City's Comprehensive Plan. If the Director determines that the application is consistent, it shall be scheduled for a public hearing. The Director determined that the application was consistent and the required public hearing was scheduled to be held on August 9, 2005. ACC 18.68.030; Exhibit 1, Staff Report, page 4. 11. Surrounding land uses consist of residential development and vacant lands. Residential development is low and moderate densities in the north and south and an existing higher density PUD development of Lakeland Hills to the west. Exhibit 1, Staff Report, page 2. 12. The subject parcels have been zoned Moderate Density Single Family (MSF) 2 under Pierce County's zoning ordinance since 1995 and will be assigned R-1 Single Family Residential zoning upon annexation to the City unless zoning is assigned concurrently with the annexation. Ordinance 5932 Ordinance No. 5940 September t, 2005 Page 4 of 9 annexed the Applicant's parcels as of 12:01 am August 15, 2005. No zoning was assigned at the time of annexation and the property assumed an R-1 zoning. PCC 18.25; ACC 18.02.050; Exhibit 1, Staff Report, page 2 and 4; Exhibit 12A; Ordinance 5932. 13. In considering a rezone, the Applicant has the burden of proof to demonstrate that conditions have substantially changed since the original zoning and that the rezone bears a substantial relationship to the public health, safety, morals, or genera] welfare. A variety of factors may be utilized to satisfy a change in circumstances including changes in public opinion, local land use patterns, and on the property itself. In the instant rezone application, Applicant provided no specific evidence as to a change in conditions except that the property abuts an existing PUD community, is topographically challenged and more suitable for flexibility PUD zoning district has to offer, complies with the goals of the GMA, and would create compatibility between the existing community and the proposed development. The City asserted that, given the fact that the property would be annexed and has maintained R-1 zoning only since August 15, 2005, Applicant's burden to show a substantial change should be based on Pierce County" s MSF zoning. Both the Applicant and the City seek to justify the rezone on changes in the surrounding land uses, primary the neighboring Lakeland Hills development and its associated infrastructure, a community that the Applicant themselves developed. City asserts that the property was already anticipated to handle the expansion and proposed zoning under the Comprehensive Plan amendments. Exhibit 1, Staff Report, page 4; Exhibit 3; Rezone Application; Testimony of Mr. Pilcher. 14. The City recommended, as a condition for approval of a rezone, that the Applicant enter into an amended agreement for the Lakeland Hills South development. The City staff representative testified that without this agreement, the City would not recommend approval. Applicant had no objection to this condition. Exhibit 1, Staff Report, page 5; Testimony of Mr. Pilcher; Testimony of Mr. Hanburg. 15. An Environmental Impact Statement was done to the Lakeland Hills South PUD in 1991. The City of Auburn reviewed the environmental impacts identified in the Year 2004 Comprehensive Plan amendments, including the Lakeland Hills South PUD Map Amendment (SEP04-0025), and issued a Determination of Non - Significance (DNS) for the amendments. On July 12, 2005, after review of the request for rezone, the City issued an Addendum to the Final DNS for the Lakeland Hills South Comprehensive Plan map amendment with no modifications to the Final DNS. Exhibit 1, Staff Report, page 4; Exhibit 4, SEPA Addendum; Testimony of Mr. Pilcher. . Ordinance No. 5940 September 1, 2005 Page 5 of 9 CONCLUSIONS Jurisdiction: Pursuant to Auburn City Code 18,66, the Hearings Examiner is granted jurisdiction to hear and make recommendations to the City Council. Jurisdiction for the Hearings Examiner to make recommendations for an application for rezone is pursuant to Auburn City Code 18.68.030 and a major amendment to the Lakeland Hills South PUD is pursuant to Auburn City Code 18.76.130. Criteria for Review: Along with the requirements set forth by the Washington Supreme Court, in order to approve a rezone, the Hearings Examiner must find that the following criteria, as set forth in Auburn City Code 18.68, are satisfied: 1. The rezone shall be consistent with the Comprehensive Plan. 2. The rezone was initiated by a party, other than the City, in order for the Hearing Examiner to hold a public hearing and consider the request. 3. Any change or modification to the rezone request made by the Hearing Examiner or the City Council will not result in a more intense zone than the one requested. Conclusions Based on Findinos 1. The rezone was initiated by the Applicant -Property Owner and not the City. Pursuant to ACC 18.68.030(B)(1), in order for the Hearing Examiner to hold a public hearing and consider a rezone request, the rezone must not be initiated by the City. The Applicant in this matter is the owner of the property subject to the rezone. Rezone Findings of Fact Nos. 1 and 2. 2. The rezone is consistent with the Comprehensive Plan. Ordinance 5891 amended the Comprehensive Plan, designating the Applicant's property as Moderate Density Residential - Lakeland Hills South Special Planning Area. The rezone to a PUD zoning district will allow for development which is consistent with the proposed zoning district. Rezone Findings of Fact Nos. 1, 6, 7, 8, 9, 12, and 13. 3. Conditions in the area have substantially changed and the rezone bears a substantial relationship to the public health, safety, morals, or general welfare. In considering a rezone, the Applicant has the burden of proof in demonstrating that conditions have substantially changed since the original ----------------------------- Ordinance No. 5940 September 1, 2005 Page 6 of 9 general welfare. In considering a rezone, the Applicant has the burden of proof in demonstrating that conditions have substantially changed since the original zoning and that the rezone bears a substantial relationship to the public health, safety, morals, or general welfare. Parkridge v. Seattle, 89 Win, 2d 454; 573 P.2d 359 (1978). A variety of factors may be utilized to satisfy a change in circumstances including changes in public opinion, local land use patterns, and on the property itself. Bjornson v. Kitsap County. 78 Wn. App. 840,846; 899 P.2d 1290 (Div. 1, 1995). Both the Applicant and the City seek to justify the rezone based on changes in the surrounding land uses, primary the neighboring Lakeland Hills development and its associated infrastructure. However, a more effective argument is that a rezone which implements the City's Comprehensive Plan satisfies the burden of proof. Save Our Rural Environment v. Snohomish County, 99 Wn.2d 363. 370-71; 662 P.2d 816 (1983), The proposed rezone implements policies of the City's Comprehensive Plan and therefore the required burden of showing a substantial change in circumstances was documented in the City's amendment to its Comprehensive Plan. Ordinance 5891 provides the justification for the rezone. Rezone Findings of Fact Nos. 7, 8, 9, 10, and 13. 4. The Hearing Examiner is not recommending any change or modification to the rezone request that will result in a more intense zone than the one requested by the Applicant. DECISION Based upon the preceding Findings of Fact and Conclusions, the Hearing Examiner recommends to the Auburn City Council that the request for approval of a rezone of 77 acres from R- 1 Single Family Residential to PUD be GRANTED, subject to the following conditions: 1. Future development within the project are shall require separate environmental (SEPA) review and project conditioning, through the appropriate mechanism for the type of development proposed. 2. The northernmost portion of the project area, approximately 20 acres, that is adjacent to the established Lakeland Hills neighborhoods of "Evergreen" and "Eastpointe" shall be no more intense than the development standards of the Single Family Detached -5 Planning Area, as specified in ACC 18.76.060(8)(2). No development of "for rent;' "semi-detached," or "attached" housing will be permitted. 3. The Applicant shall enter into an amended agreement for the Lakeland Hills South Development prior to the rezone becoming effective. Ordinance No. 5940 September 1, 2005 Page 7 of 9 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Approval. The Findings of Fact, Conclusions of Law and Decision of the Hearing Examiner are adopted herein by this reference, and the request is hereby approved to rezone approximately 77 acres from R1 Single Family Residential to Planned Unit Development District (Lakeland Hills South Special Plan Area), and as legally described in Exhibit A attached hereto, subject to the conditions as outlined above. 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 Pierce 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. Ordinance No. 5940 September 1, 2005 Page 8 of 9 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. INTRODUCED: PASSED: APPROVED: CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk AS TO FORM: Daniel B. Heid, City Attorney PUBLISHED Ordinance No. 5940 September 1, 2005 Page 9 of 9 Exhibit "A" Ordinance No. 5940 LEGAL DESCRIPTION OF PROPERTY Pierce County Parcel Numbers 0520053015 0520053016 0520053006 0520053041 0520053040 0520053035 0520052039 0520051036 0520053028 0520052035 0520056017 0520052034 0520052037 0520056022 0520052036 0520056014 0520053034 0520053052 0520053053 0520051001 cM olJ WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject Public Hearing Application No. REZ05-0004 Date: 8-3-05 Department: Planning Attachments: Please refer to Exhibit Budget Impact: NA List Administrative Recommendation: Hearing Examiner to recommend to the City Council approval of the requested change in zoning and Major Amendment to the Lakeland Hills South PUD, based upon the Findings of Fact, Conclusions and Conditions as outlined. Background Summary: OWNER/APPLICANT: Martin D. Waiss for Lakeland East LLC REQUEST: Change in zoning from R-1, Single Family Residential to Planned Unit Development (PUD) District– Lakeland Hills South Special Plan Area LOCATION: 77 acres located east of the existing Lakeland Hills and Pinnacle Estates developments; generally east of Old Man Thomas Road and both north and south of Lake Tapps Parkway East EXISTING ZONING: R-1, Single Family Residential to be assigned at time of annexation EXISTING LAND USE: primarily vacant lands COMPREHENSIVE PLAN DESIGNATION: Medium Density Residential (Lakeland Hills South Special Plan Area) SEPA STATUS: A SEPA addendum was issued on July 12, 2005. eviewed by Council & Committees: eviewed by DePpartments & Divisions: Arts Commission COUNCIL COMMITTE S: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Serv. Finance Parks Human Services Planning & CD Fire Planning Park Board Public Works Legal Police Planning Comm. Other Public Works Human Resources Action: Committee Approval: Council Approval: BYeseNo Yes No Call for Public Hearing Referred to Until / / Tabled Until— 7- 7- Councilmember: Norman I Staff: Pilcher Meeting Date: August 9, 2005 1 Item Number: AUBURN* MORE THAN YOU IMAGINED Agenda Subiect Public Hearing Application No. REZ05-0004 Date: 8-3-05 The Comprehensive Plan designation, zoning designation and land uses of the surrounding properties are: EXHIBIT LIST Exhibit 1 Staff Report Exhibit 2 Vicinity Map Exhibit 3 Application Exhibit 4 Addendum to Final Determination of Non -Significance Exhibit 5 Notice of Public Hearing Exhibit 6 Affidavit of Posting Exhibit 7 Affidavit of Mailing Exhibit 8 Confirmation of Publication of Legal Notice Exhibit 9 Aerial Photograph Exhibit 10 Copy of Ordinance 5891 (in part) adopting the 2004 Comprehensive Plan amendments Exhibit 11 Site Plan\ FINDINGS OF FACT: 1. Lakeland East LLC, has applied for a rezone of this property from R-1 Single Family Residential to Planned Unit Development (PUD) District — Lakeland Hills South Special Plan Area. The 77 acre area is located directly east of the current City limits, generally east of existing (Eastpointe) and planned (Pinnacle Estates) residential subdivisions, east of Old Man Thomas Road and both north and south of Lake Tapps Parkway. 2. The 77 acre area is being annexed to the City of Auburn. The Auburn City Council is scheduled to officially act on the annexation at its August 1, 2005 regular meeting, with the anticipated effective date of the annexation being August 15, 2005. Pursuant to Auburn City Code (ACC) 18.02.050, lands not zoned prior to annexation by the City assume the R-1 zone designation upon annexation. 3. The area is primarily vacant, but does contain a few single family residences. All existing homes would most likely be removed as the property develops in the future. 4. During the 2004 annual Comprehensive Plan amendment cycle, the property owner sought and was granted an amendment to the Plan Map to change the designation from Single Family Residential to Medium Density Residential (Lakeland Hills Special Plan Area). As part of the approval process, the rage / of o AR t* to Medium Density R-1 Single Family Primarily vacant Residential Residential North Medium & Single PUD - Lakeland Hills Single Family Family Residential South Special Plan residential at both Area and R-1 Single low and moderate Family Residential densities South Pierce County Single MSF Moderate Vacant lands, low Family Residential Density Single Family density residential East Open Space & Single R-1 Single Family BPA corridor, Family Residential Residential vacant lands West Medium & Single PUD - Lakeland Hills Existing and planned Family Residential South Special Plan single family Area and R-1 Single residential FAmi1v Residential subdivisions EXHIBIT LIST Exhibit 1 Staff Report Exhibit 2 Vicinity Map Exhibit 3 Application Exhibit 4 Addendum to Final Determination of Non -Significance Exhibit 5 Notice of Public Hearing Exhibit 6 Affidavit of Posting Exhibit 7 Affidavit of Mailing Exhibit 8 Confirmation of Publication of Legal Notice Exhibit 9 Aerial Photograph Exhibit 10 Copy of Ordinance 5891 (in part) adopting the 2004 Comprehensive Plan amendments Exhibit 11 Site Plan\ FINDINGS OF FACT: 1. Lakeland East LLC, has applied for a rezone of this property from R-1 Single Family Residential to Planned Unit Development (PUD) District — Lakeland Hills South Special Plan Area. The 77 acre area is located directly east of the current City limits, generally east of existing (Eastpointe) and planned (Pinnacle Estates) residential subdivisions, east of Old Man Thomas Road and both north and south of Lake Tapps Parkway. 2. The 77 acre area is being annexed to the City of Auburn. The Auburn City Council is scheduled to officially act on the annexation at its August 1, 2005 regular meeting, with the anticipated effective date of the annexation being August 15, 2005. Pursuant to Auburn City Code (ACC) 18.02.050, lands not zoned prior to annexation by the City assume the R-1 zone designation upon annexation. 3. The area is primarily vacant, but does contain a few single family residences. All existing homes would most likely be removed as the property develops in the future. 4. During the 2004 annual Comprehensive Plan amendment cycle, the property owner sought and was granted an amendment to the Plan Map to change the designation from Single Family Residential to Medium Density Residential (Lakeland Hills Special Plan Area). As part of the approval process, the rage / of o Agenda Subject Public Hearing Application No. REZ05-0004 Date: applicant agreed to restrict the northernmost approx. 20 acres adjacent to and contiguous with the neighborhoods of "Evergreen" and "Eastpointe" to development standards no more intense than the "Single Family Detached—Five (SFD-5)" provisions provided for in the ACC 18.76. See Ordinance 5891 (attached). The Comprehensive Plan amendment also authorized the total dwelling unit count within the expanded Special Plan area to increase the overall amount of dwelling units for all of Lakeland Hills by 250 units to 3658 total. 5. The Lakeland Hills Development began in the early 19905 and has been steadily building out since that time. The original boundaries of the PUD were anticipated to accommodate 3408 dwelling units, with road and utility infrastructure improvements being sized appropriately. However, the: project has developed at lesser densities such that the 3408 units cannot be accommodated within the current PUD boundaries. The requested rezone will allow for the PUD zone designation to expand into an area that has been anticipated to be part of the PUD. Total requested unit count for the expanded PUD is 3658; however, given the actual densities building within Lakeland Hills, it is doubtful that overall unit count will be attained. 6. The Planned Unit Development (PUD) — Lakeland Hills South Special Plan Area is intended to be consistent with the conditions of approval of the Lakeland Hills South PDD (Pierce County Hearing Examiner Case No. Z15-90/UP9-70). The City of Auburn has accepted the project as an approved PUD. See ACC 18.76.010. 7. The total number of dwelling units to be included within the expanded PUD are 226 units less than analyzed in the original 1991 EIS for Lakeland Hills South. The traffic mitigation measures included within the EIS, which have been implemented, are therefore adequate to accommodate the proposed expansion. PUD Approval Process 8. ACC Chapter 18.76 specifies processes for both Minor and Major amendments to the Lakeland Hills South PUD. As an expansion of the existing PUD, the applicant's request is considered to be a Major Amendment. Approval of a Major Amendment is to be applied by the rezone process (ACC 18.76.020.A). Pursuant to the provisions of ACC 18.66, the Hearing Examiner conducts a public hearing on all requests for a Major Amendment to a PUD and makes a recommendation to the City Council. 9. The Major Amendment process is a multi -step process. The first step is to rezone the property to the PUD classification. The second step is the approval of either a preliminary plat, a site plan, or combination of both. Neither has been requested at this time. If a preliminary plat has been proposed, the third and final step in the process is approval of a final plat by the City Council. Therefore, the request under consideration will constitute only the first step in the Major Amendment process. 10. ACC 18.76.020.A states that a Major Amendment is 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 developer. If there is no specific proposal, the Major Amendment shall establish these parameters to the extent possible." (Emphasis added) 11. The submitted plan accompanying the rezone application is general, describing the densities to occur within the boundaries of the proposed PUD expansion. Other items noted in ACC 18.76.020.A are not addressed at this time and will therefore be determined through subsequent preliminary plats and/or site plan approvals. Page 3 of 5 Agenda Subject Public Hearing Application No. REZ05-0004 Date: 12. On July 15, 2005, the SEPA Responsible Official issued an Notice of Addendum to the Final Determination of Nonsignificance for Lakeland East Comprehensive Plan Map amendment, File No. SEP04-0025 (current File No. SEP05-0015). CONCLUSIONS: ACC Chapter 18.68 provides certain criteria for approval of a rezone: 1. The rezone must be consistent with the Comprehensive Plan. The Comprehensive Plan Map was amended in 2004 to designate the area in question as Medium Density Residential (Lakeland Hills Special Plan Area). The requested zone change will allow the area to develop consistent with the Plan designations and also the overall character of the Lakeland Hills community. 2. The rezone must be initiated by someone other than the City in order for the Hearing Examiner to consider the request. This rezone request was initiated by the property owners, Lakeland East LLC. 3. Any changes or modifications to a rezone request made by either the Hearing Examiner or City Council will not result in a more intense zone than the one requested. Staff is not recommending any changes or modifications to the request. In addition, the Washington State Supreme Court has identified other general rules for rezone applications (see Parkridge v. Seattle, 89 Wn.2d.454; 573 P.2d 359 (1978)): 1. Conditions in the area must have changed since the original zoning was established. At the time of writing this report, the area is zoned Moderate Density Single Family (MSF), a Pierce County zone district. The area is in the process of being annexed to the City of Auburn, with City Council action to occur on August 1 and an anticipated effective date for the annexation of August 15, 2005. Upon annexation, the area will be zoned R7 Single Family Residential. Obviously, during the short period of time following annexation, very few changes will have occurred. A more appropriate time frame to consider in regards to this criteria would be the time since the area was zoned MSF by Pierce County, which occurred approx. 10 years ago as result of its implementation of the Pierce County Comprehensive Plan developed pursuant to the Growth Management Act. Since that time, the Lakeland Hills development has significantly expanded, with new roads and utilities being constructed up to and through the area in question. The area is now ready for development at the higher densities envisioned by the Comprehensive Plan. 2. The proposed rezone must bear a substantial relationship to the general welfare of the community. The rezone will allow for future development of the area in a manner consistent with the remainder of Lakeland Hills, a master planned community. Expansion of the PUD will allow for orderly development of the area under a unified vision and provide additional housing in a rapidly growing area of the City. Page 4 of 5 Agenda Subiect Public Hearing Application No. REZ05-0004 Date: RECOMMENDATION Based upon the application and Findings of Fact and Conclusions of the staff report, Staff recommends that the Hearing Examiner recommend to the City Council approval of the rezone and Major Amendment to the Lakeland Hills South PUD with the following conditions of approval: 1. Approval of the zone change is subject to the completion of the annexation by the City. 2. Future developments within the project area shall require separate environmental (I EPA) review and project conditioning, through the appropriate mechanism for the type of development proposed (i.e., preliminary plat or binding site plan for no—plat projects). 3. The northernmost, approx. 20 acres, adjacent to the established neighborhoods of "Evergreen" and "Eastpointe" shall be no more intense than the develop standards of the SFD-5 Planning Area as specified in ACC 18.76.060.6.2. 4. The applicant shall enter into an amended agreement for the Lakeland Hills South development prior to the rezone becoming effective. Staff reserves the right to supplement the record of the case to respond to matters and information raised subsequent to the writing of this report. HEVAPPWRZ05-4 Page 5 of 5 d EXHIBIT 2 APPLICATION NO.: REZ05-0004 APPLICANT: Lakeland East LLC REQUEST: rezone approximately 77 -acres from RI Single Family Residential to Planned Unit Development District - Lakeland Hills South Special Plan Area REZONE APPLICATION (`<rM 1 U N 18%. 005 PLANINli,<. ....... .... ............................... ................................ ..................... I ...... I ................... I...........I.......... .......................... Lakeland East, LLC PROPERTY OWNER'S NAME APPLICATION NUMBER Sec. Twp. Rng.: 05-20-05 Area Code: Scheduled Public Hearing: 66-9-t)4:5, Staff Project Coordinator: h, Do Not Write Above This Line Zone Existing:_ Zone Request:_ Date Received:_�o APPLICANT: COMPLETE THIS FORM WITH ALL ENTRIES BEING TYPED (except signatures) OR NEATLY PRINTED IN INK. IF ADDED SPACE IS NEEDED, ATTACH THE ADDITIONAL REQUIRED PAGES TO THIS APPLICATION. I (we), the undersigned, OWNER(S) of property numbered opposite my (our) names($) hereby petition for a change of zoning classification of property described herein from: Planned Unit Development (PUD District TO Lakeland Hills South Special Plan Area Effective upon annexation Hovr is the property involved in this application more suitable for the uses permitted in the proposed tone than those permitted in the present classification? The property abuts the existing PUD community and possesses the topographical challenges and sensitive areas that make the land more suitable for development under the flexibility that a PUD affords. In addition, utilizing the same standards as the existing PUI) will provide for a seamless transition between the existing community and the new areas, maintaining the strong sense of character and community Lakeland already possesses. E. Explain why there is a need in the area for more zoning of the type requested, and wherever possible, substantiate this statement with factual data. The need for this zoning is based in part by the land characteristics itself and in part by the overall goals of the GMA. The PUD is as much a concept as well as a district and provides for more unified development, continuity of existing character and a greater benefit to the public than could otherwise be achieved absent a PUD process. EXHIBIT 3 Remne for rear 7g Exam re- Page 4 of 7 aevism 11=5 C. Why is this zoning compatible with the other existing uses in lite neighborhood? The subject areas abut the existing PUD for the Lakeland Hills South community. Allowing for the continuation of the same standard of high quality development in the area subject to this request, as an expansion of the existing PUD would create: the most compatibility between the existing community and proposed development. D. Why is this rezone compatible with the existing zoning in the area? The subject areas abut the existing PUD for the Lakeland Hills South community. Allowing for the continuation of the same standard of high quality development in the area subject to this request, as an expansion of the existing PUD would create the most compatibility between the existing community and proposed development. E- 'Why is this rezone consistent with the Comprehensive Plan for the area? The city amended the Comprehensive Plan in 2005 in anticipation of the request to include this land in the existing PUD and considered the expansion of the external boundary, in accordance with the requirements of Auburn City Code. This application seeks to implement the direction that the 2005 amendment provides and impose the PUD zone on the subject parcels Rezone fcr',-&xni; Exam re - Pa ftl h i.as33 e 5 Of 7 9 ALL PROPERTY O''ANERS INCLUDED iN THIS APPLICAT?ON MUST BE LISTED BELOVV OPPOSITE A 'PARCEL NUMBER" WHICH IS ALSO SHO'R'N ON THE LEGAL DESCRIPTION AND INDICATES THE PROPERTY OWNED BY EACH APPLICANT. YOUR SIGNATURE ALSO INDICATES YOU HAVE READ AND UNDERSTOOD THE CONTENTS OF THIS APPUCATION AND ITS ATTACHMENTS. PARCEL NAME; ADDRESS B PHONE NUMBER NUMBER (Please Print) SIGNATURE See Attached Martin D. Waiss (/{[ 1302 Puyallup Street Sumner, WA 98390 253-863-6200 Fax number 253-863-2695 E-mail address Fax number E-mail address AGENT andlor OWNER'S REPRESENTAT€''E: Name: Christopher M. Huss Address: 4224 Waller Road City/Phone: Tacoma, WA 98443 253-922-6676 Fax number 253-922-2676 E-mail address cmh@tucciandsons.com Indicate Method for Future Notifications Contact Owner's Representative Fax X Mail X Telephone X E-mail '- Please be advised that even though the City of Auburn may approve your requested rezone. that approval does not guarantee a subsequent, specific use. You will be required to conform to all other development criteria of the City of Auburn in order to develop your property. Reicne for r -*w ng Exam ^-- Page E Of 7 9&4%ed 11SIMSa 9 LEGAL DESCRIPTION OF PROPERTY Pierce County Parcel Numbers 0520053015 0520053016 0520053006 0520053041 0520053040 0520053035 0520052039 0520051036 0520053028 0520052035 0520056017 0520052034 0520052037 0520056022 0520052036 0520056014 0520053034 0520053052 0520053053 0520051001 Pierce County Property Information Profile with Tax Description attached for each FEE PAYMENT_ $1,55690 plus 5727 00 for SEPA checklist T.R. *: Cashier's Initia's: Date Received: riufuc 1-oun(y Assessor -Treasurer upip Page 1 of I Pierce County Assessor -Treasurer electronic Property Information Profile (e -PIP) Mad; sor 7 Pierce County Home Assessor -Treasurer Home Parcel Search Sales Search Recorded Documents Permit Summary Taxes/Values Land Buildings Sales Map Parcel Summary for 0520053015 Taxpayer Details Taxpayer Name: Mailing Address: Appraisal Details Value Area: Appr Acct Type: Business Name: Related Parcels LAKELAND EAST LLC 1302 PUYALLUP ST SUMNER WA 98390-1604 PI Year S Residential Group Account Number: n/a Mobile/MFG Home and Personal Property n/a parcel(s) located on this parcel: Real parcel on which this parcel is located: n/a Property Details Parcel Number: Site Address: Account Type: Category: Use Code: 06/06/ 0520053015 1404 OLD MAN THOMAS RD E Real Property Land and Improvements 1101 -SINGLE FAMILY DWELLIh Tax/Assessment Current Tax Year: 2006 Taxable Value: 207,900 Assessed Value: 207,900 Tax Description Section 05 Township 20 Range 05 Quarter 33 : S 1/2 OF FOLL DESC PROP W 1/2 OF SE OF SW EXC N 10 AC EXC RD RESERV OF RECORD .......... ....._ .. . I acknowledge and agree to the prohibitions listed in RCW 42.17.260(9) against releasing and/or using lists of indivit commercial purposes. Neither Pierce County nor the Assessor -Treasurer warrants the accuracy, reliability or timeliness of any IN system, and shall not be held liable for losses caused by using this information. Portions of this Information may not be current or i person or entity who relies on any information obtained from this system, does so at their own risk. All critical information shou independently verified. Pierce County Assessor -Treasurer Ken Madsen 2401 South 35th St Room 142 Tacoma, Washington 98409 (253)798-6111 or Fax(253)798-3142 evww. piercecountywa.org/atr (c) 2005 Pierce County Assessor -Treasurer http://www.co.pierce.wa.us/cfapps/atr/epip/sulmnary.cfm?parcel=0520053015 6/6/2005 rlerce Uounly Assessor- l reasurer VIP Page l of l Pierce County Assessor-Treastier electronic Property Information Profile (e -PIP) Pierce County Home Assessor -Treasurer Home Parcel Search Sales Search Recorded Documents Permit Summary Taxes/Values Land Buildings Sales Map Parcel Summary for 0520053040 Taxpayer Details Taxpayer Name: LAKELAND EAST LLC Mailing Address: 1302 PUYALLUP ST SUMNER WA 98390-1604 Appraisal Details Value Area: PI Year 5 Appr Acct Type: Residential Business Name: Related Parcels Group Account Number: n/a Mobile/MFG Home and Personal Property n/a parcel(s) located on this parcel: Real parcel on which this parcel is located: n/a Property Details Parcel Number: Site Address: Account Type: Category: Use Code: 06/06/ 0520053040 1326 OLD MAN THOMAS RD E Real Property Land and Improvements 1155 -MH TITLE ELIM Tax/Assessment Current Tax Year: 2005 Taxable Value: 125,100 Assessed Value: 125,100 Tax Description Section 05 Township 20 Range 05 Quarter 33 : PARCEL "A" DBLR 91-02-14-0148 DESC AS N 1/2 OF SW OF SE OF S% DESC AS FOLL BEG SE COR OF N 1/2 OF SW OF SE OF SW TH W 55.37 Fr TH N 08 DEG 17 MIN 33 SEC W 87.73 FT l 39 MIN 08 SEC E 78.72 FT TH N 87 DEG 48 MIN 19 SEC E 72.08 FT TO E LI SD SUBD TH S 166.16 FF TO SE COR SO EASE OF REC OUT OF 3-002 SEG C1358MD 1/15/92BO T/E 1985 GUERD STATLER S#11561 27X53 (P50000-74970) I acknowledge and agree to the prohibitions listed in RCW 42.17.260(9) against releasing and/or using lists of indivit commercial purposes. Neither Pierce County nor the Assessor -Treasurer warrants the accuracy, reliability or timeliness of any ini system, and shall not be held liable for losses caused by using this information. Portions of this information may not be current or i person or entity who relies on any information obtained from this system, does so at their own risk. All critical information shou independently verified. Pierce County Assessor -Treasurer Ken Madsen 2401 South 35th St Room 142 Tacoma, Washington 98409 (253)798-6111 or Fax(253)798-3142 www.piercecountywa.org/atr (c) 2005 Pierce County Assessor -Treasurer http://www.co,pierce.wa.us/cfapps/atr/epip/summary.cfm?parcel=0520053040 6/6/2005 Pierce Outlty Anessor-Treasurer ePIP Page I of 1 Pierce County Assessor -Treasurer electronic Property Information Profile (e -PIP) Mad; Pierce County Home Assessor -Treasurer Home Parcel Search Sales Search Recorded Documents Permil Summary Taxes/Values Land Buildings Sales Map Parcel Summary for 0520053028 Taxpayer Details Taxpayer Name: LAKELAND EAST LLC Mailing Address: 1302 PUYALLUP ST STE A SUMNER WA 98390-1604 Appraisal Details Value Area: PI Year 5 Appr Acct Type: Residential Business Name: Related Parcels Group Account Number: n/a Mobile/MFG Home and Personal Property n/a parcel(s) located on this parcel: Real parcel on which this parcel is located: n/a Property Details Parcel Number: Site Address: Account Type: Category: Use Code: 06/06/ 0520053028 816 OLD MAN THOMAS RD E Real Property Land and Imiprovements 1800 -OTHER RESIDENTIAL Tax/Assessment Current Tax Year: 2006 Taxable Value: 115,700 Assessed Value: 115,700 Tax Description Section 05 Township 20 Range 05 Quarter 32 : THAT POR OF NW OF SW DESC AS FOLL BEG AT SEI COR OF SO SUBC LI THEREOF TO NE COR OF SO SUBD TH W ALG N LI OF SO SUBD 470 FT TH SELY IN A STRAIGHT LI TO POB EXC PO FOR R/W LAKE TAPPS PARKWAY ETN W1003987 SUB] TO & TOG/W EASE DC0177 9/29/99MD I acknowledge and agree to the prohibitions listed in RCW 42.17.260(9) against releasing and/or using lists of indivit commercial purposes. Neither Pierce County nor the Assessor -Treasurer warrants the accuracy, reliability or timeliness of any inl system, and shall not be held liable for losses caused by using this information. Portions of this information may not be current or i person or entity who relies on any informatlon obtained from this system, does so at their own risk. All critical Information shou independently verified. Pierce County Assessor -Treasurer Ken Madsen 2401 South 35th St Room 142 Tacoma, Washington 98409 (253)798-6111 or Fax (253)798-3142 www. piercecoLintywa. org/atr (c) 2005 Pierce County Assessor -Treasurer http://www.co.pierce.wa.us/cfapps/atr/epip/summary.cfm?parcel=0520053028 6/6/2005 Pierce COurity Assessor -Treasurer ePIP Page I of I Pierce County Assessor -Treasurer electronic Property Information Profile (e -PIP) Pierce County Home -Assessor-Treasurer Home Parcel Search Sales Search Recorded Documents Permit Summary Taxes/Values Land Buildings Sales Map Parcel Summary for 0520052037 Taxpayer Details Taxpayer Name: LAKELAND EAST LLC Mailing Address: 1302 PUYALLUP ST STE A SUMNER WA 98390-1604 Appraisal Details Value Area: PI Year 5 Appr Acct Type: Residential Business Name: Related Parcels Group Account Number: n/a Mobile/MFG Home and Personal Property n/a pdreel(s) located on this parcel: Real parcel on which this parcel is located: n/a Property Details Parcel Number: Site Address: Account Type: Category: Use Code: 06/06/ 0520052037 16919 8TH ST E Real Property Land and Improvements 1101 -SINGLE FAMILY DWELLIN Tax/Assessment Current Tax Year: 2006 Taxable Value: 225,500 Assessed Value: 225,500 Tax Description Section 05 Township 20 Range 05 Quarter 23 : PARCEL "B" DBLR 90-03-08-0209 DESC AS POR SE. OF SW OF NW BE - OF SE OF SW OF NW TH ALG S LI S 88 DEG 08 MIN 42 SEC W 4.58 FT TO TRUE POB TH N 17 DEG 37 MIN 29 SEC W S 88 DEG 15 MIN 06 SEC W 595.55 FT TO W LI OF SE OF SW OF NW TH S 01 DEG 03 MIN 40 SEC W ALG W LI 169.1 OF SE OF SW OF NW TH N 88 DEG 08 MIN 42 SEC E ALG S LI 656.13 FT TO POB OUT OF 2-033 SEG C0354MD 7/8/9 DC10124MD03-04-94CL I acknowledge and agree to the prohibitions listed in RCW 42.17.260(9) against releasing and/or using lists of indivit commercial purposes. Neither Pierce county nor the Assessor -Treasurer warrants the accuracy, reliability or timeliness of any inl system, and shall not be held liable for losses caused by using this information. Portions of this information may not be current or person or entity who relies on any information obtained from this system, does so at their own risk. All critical information shou independently verified. Pierce County Assessor -Treasurer Ken Madsen 2401 South 35th St Room 142 Tacoma, Washington 98409 (253)798-6111 or Fax(253)798-3142 ov�aw.piercecountysva.org, atr (c) 2005 Pierce County Assessor-Treesurer http://www.co.pierce.wa.us/cfapps/atr/epip/summary.cfin?parcel=0520052037 6/6/2005 Pierce Counh-Assessor-Treasurer electronic Property Information Profile (e -PIP) Page I of 1 Mad: ;Sor-T Pierce County Home Assessor -Treasurer Home Parcel Search Sales Search Recorded Docume is Permit Summary Taxes/Values Land Buildings Sales Map Parcel Summary for 0520053034 Taxpayer Details Taxpayer Name: Mailing Address: Appraisal Details Value Area: Appr Acct Type: Business Name: Related Parcels LAKELAND EAST LLC 1302 PUYALLUP ST STE A SUMNER WA 98390-1604 PI Year 5 Residential Group Account Number: n/a Mobile/MFG Home and Personal Property n/a parcel(s) located on this parcel: Real parcel on which this parcel is located: n/a Property Details Parcel Number: Site Address: Account Type: Category: Use Code: 06/06/ 0520053034 1201XXX OLD MAN THOMAS RI Real Property Land and Improvements 9100 -RES VACANT LAND Tax/Assessment Current Tax Year: 2006 Taxable Value: 70,800 Assessed Value: 70,800 Tax Description Section 05 Township 20 Range 05 Quarter 33 : LOT 1 OF SURVEY # 1313 LY IN SE OF SW EASE OF RECORD OUT OF 2906 NC EMS I acknowledge and agree to the prohibitions listed in RCW 42.17.260(9) against releasing and/or using lists of indivir commercial purposes. Neither Pierce County nor the Assessor -Treasurer warrants the accuracy, reliability or timeliness of any int system, and shall not be held liable for losses caused by using this information. Portions of this information may not be current or z person or entity who relies on any Information obtained from this system, does so at their awn risk. An critical information shou independently verified. Pierce County Assessor -Treasurer Ken Madsen 2401 South 35th St Room 142 Tacoma, Washington 98409 (253)798-6111 or Fax(253)798-3142 www.piercecountywa.org/atr (c) 2005 Pierce County Assessor -Treasurer http://www.co.pierce.wa.us/cfapps/atr/epip/summary.cfin?parcel=0520053034 6/6/2005 Pierce Cmtity Assessor -Treasurer ePIP Page 1 of 1 Pierce County Assessor -Treasurer electronic Property Information Profile (e -PIP) Pierce County Home Assessor -Treasurer Home Parcel Search Sales Search Recorded Documents Permit Summary Taxes/Values Land Buildings Sales Map Parcel Summary for 0520053016 Taxpayer Details Taxpayer Name: LAKELAND EAST LLC Mailing Address: 1302 PUYALLUP ST STE A SUMNER WA 98390-1604 Appraisal Details Value Area: PI Year 5 Appr Acct Type: Residential Business Name: Related Parcels Group Account Number: n/a Mobile/MFG Home and Personal Property n/a parcei(s) located on this parcel: Real parcel on which this parcel is located: n/a Property Details Parcel Number: Site Address: Account Type: Category: Use Code: 06/06/ 0520053016 1405 OLD MAN THOMAS RD E Real Property Land and Improvements 1101 -SINGLE FAMILY DWELLIN Tax/Assessment Current Tax Year: 2006 Taxable Value: 138,900 Assessed Value: 138,900 Tax Description Section 05 Township 20 Range 05 Quarter 34 : S 1 AC OF E 2 AC OF S 5 AC OF N 10 AC OF NW OF SE OF SW SUB] T I acknowledge and agree to the prohibitions listed in RCW 42.17.260(9) against releasing and/or using lists of indivir commercial purposes. Neither Pierce County nor the Assessor -Treasurer warrants the accuracy, reliability or timeliness of any im system, and shall not be held liable for losses caused by using this information. Portions of this information may not be current or i person or entity who relies on any information obtained from this system, does so at their own risk. All critical information shoo Independently verified. Pierce County Assessor -Treasurer Ken Madsen 2401 South 35th St Room 142 Tacoma, Washington 98409 (253)798-6111 or Fax(253)798-3142 wviw.pierceC0Ljntywa.org/atr (c) 2005 Pierce County Assessor -Treasurer http://www.co.pierce.wa.us/cfapps/atr/epip/summary.cfin?parcel=0520053016 6/6/2005 Pierce County Assessor -Treasurer ePIP Page 1 of I Pierce Count, Assessor-'rreasurer electronic Property Information Profile (e -PIP) Pierce County Home Assessor -Treasurer Home Parcel Search Sales Search Recorded—oc_u- is Permit Summary Taxes/Values Land Buildings Sales Map Parcel Summary for 0520053035 Taxpayer Details Taxpayer Name: Mailing Address: Appraisal Details Value Area: Appr Acct Type: Business Name: Related Parcels LAKELAND EAST LLC 1302 PUYALLUP ST SUMNER WA 98390-1604 PI Year 5 Residential Group Account Number: n/a Mobile/MFG Home and Personal Property n/a parcel(s) located on this parcel: Real parcel on which this parcel is located: n/a Property Details Parcel Number: Site Address: Account Type: Category: Use Code: 06/06/ 0520053035 1312 OLD MAN THOMAS RD E Real Properly Land and Improvements 1101 -SINGLE FAMILY DWELLIN Tax/Assessment Current Tax Year: 2006 Taxable Value: 190,800 Assessed Value: 190,800 Tax Description Section 05 Township 20 Range 05 Quarter 33 : LOT 2 OF SURVEY # 1313 LY IN SE OF SW ALSO BEG NE COR OF LOT DEG 41 MIN 56 SEC W 195.41 FT TH E 23.50 FT TH S 33 DEG 41 MIN 56 SEC E 184.90 FT TH S 23 DEG 20 MIN 06 S FT TH W 21.27 FT TO SE COR OF LOT 2 EASE OF RECORD OUT OF 3-005 SEG L-2906 NC EMS (DCLP3S6-18-80) I acknowledge and agree to the prohibitions listed in RCW 42.17.260(9) against releasing and/or using lists of indivir commercial purposes. Neither Pierce County nor the Assessor -Treasurer warrants the accuracy, reliability or timeliness of any inl system, and shall not be held liable for losses caused by using this Information. Portions of this information may not be current or person or entity who relies on any information obtained from this system, does so at their own risk. All critical information shou independently verified. Pierce County Assessor -Treasurer Ken Madsen 2401 South 35th St Room 142 Tacoma, Washington 98409 (253)798-6111 or Fax(253)798-3142 www,piercecountywa.org/atr (c) 2005 Pierce County Assessor -Treasurer http://www.co.pierce.wa.us/cfapps/atr/epip/summary,cfin?parcel=0520053035 6/6/2005 Pierce County Assessor -Treasurer ePIP Page 1 of I Pierce Counts Assessor -Treasurer electronic Property Information Profile (e -PIP) Mad, sor-T Pierce County Home Assessor -Treasurer Home Parcel Search Sales Search Recorded Documents Permit Summary Taxes/Values Land Buildings Sales Map Parcel Summary for 0520052035 Taxpayer Details Taxpayer Name: LAKELAND EAST LLC Mailing Address: 1302 PUYALLUP ST STE A SUMNER WA 98390-1604 Appraisal Details Value Area: PI Year 5 Appr Acct Type: Residential Business Name: Related Parcels Group Account Number: n/a Mobile/MFG Home and Personal Property n/a parcel(s) located on this parcel: Real parcel on which this parcel is located: n/a Property Details Parcel Number: Site Address: Account Type: Category: Use Code: 06/06/ 0520052035 17021 7TH ST E Real Property Land and Improvements 1101-SINGI-E FAMILY DWELLIh Tax/Assessment Current Tax Year: 2006 Taxable Value: 189,600 Assessed Value: 189,600 Tax Description Section 05 Township 20 Range 05 Quarter 23 : N 208.71 FT OF FOLL DESC PROP BEG SE COR OF SE OF SW OF NW l SO SUED 335.70 FT TO POB TH S 88 DEG 23 MIN 37 SEC W 118.27 FT TH N 17 DEG 37 MIN 29 SEC W 120 FT TH N I MIN 18 SEC E 220.88 FT TO N LI SD SUBD TH ELY ALG SD N LI 157.35 FT TO NE COR SD SE OF SW OF NW TH ALG t TO POB TOG/W W 51.36 FT OF N 208.71 FT L 1 OF SHORT PLAT 81-05-13-0182 EASE OF RECORD OUT OF 2-031 & 6 0800 Ml EMS I acknowledge and agree to the prohibitions listed in RCW 42.17.260(9) against releasing and/or usinglists of indivie commercial purposes. Neither Pierce County nor the Assessor -Treasurer warrants the accuracy, reliability or timeliness of any int system, and shall not be held liable for losses caused by using this information. Portions of this information may not be current or: person or entity who relies on any information obtained from this system, does so at their own risk. All critical information shoo independently verified. Pierce County Assessor -Treasurer Ken Madsen 2401 South 35th St Room 142 Tacoma, Washington 98409 (253)798-6111 or Fax(253)798-3142 wwva.piercecountywa.org/atr (c) 2005 Pierce County Assessor -Treasurer http://www.co.pierce.wa.us/cfapps/atr/epip/summary.cf n?parcel=0520052035 6/6/2005 Pierce County Assessor -Treasurer ePIP Page 1 of 1 Pierce Counh Assessor -Treasurer electronic Property Information Profile (e -PIP) Pierce County Home Assessor -Treasurer Home Parcel Search Sales Search Recorded Documents Permit Summary Taxes/Values Land Buildings Sales Map Parcel Summary for 0520056022 Taxpayer Details Taxpayer Name: Mailing Address: Appraisal Details Value Area: Appr Acct Type: Business Name: Related Parcels LAKELAND EAST LLC 1302 PUYALLUP ST STE A SUMNER WA 98390-1604 PI Year 5 Residential Group Account Number: n/a Mobile/MFG Home and Personal Property n/a parcel(s) located on this parcel: Real parcel on which this parcel is located: n/a Property Details Parcel Number: Site Address: Account Type: Category: Use Code: 06/06/ 0520056022 711 170TH AV E Real Property Land and Improvements 1101 -SINGLE FAMILY DWELLIN Tax/Assessment Current Tax Year: 2006 Taxable Value: 215,400 Assessed Value: 215,400 Tax Description - Section 05 Township 20 Range 05 Quarter 24 : L 4 OF SHORT PLAT 81-05-13-0182 SUBJ TO EASE TOG/W BEG SE CC SW OF NW TH W 4.58 FT TH N 17 DEG 37 MIN 29 SEC W 348.80 FT M/L TO INTER S LI OF TR CYD TO ALBERT M KUE 1979 UNDER AFN 2950884 TH E 118.27 FT TH S 335.70 FT M/L TO POB COMB 6-016 & 2-032 SEG W-0095 NF ES I acknowledge and agree to the prohibitions listed in RCW 42.17.260(9) against releasing and/or using lists of indivit commercial purposes. Neither Pierce County nor the Assessor -Treasurer warrants the accuracy, reliability or timeliness of any im system, and shall not be held liable for losses caused by using this information. Portions of this information may not be current or e person or entity who relies on any Information obtained from this system, does so at their own risk. All critical information shou independently verified. Pierce County Assessor -Treasurer Ken Madsen 2401 South 35th St Room 142 Tacoma, Washington 98409 (253)798-6111 or Fax(253)798-3142 www.piercecountywa.org/atr (C) 2005 Pierce County Assessor -Treasurer http://www.co,pierce.wa.us/cfapps/atr/epip/summarv.cfm?parcel=0520056022 6/6/2005 Pierce County Assessor -Treasurer ePIP Page I of i Pierce Count Assessor -Treasurer electronic Property Information Profile (e -PIP) Pierce County Home Assessor -Treasurer Home Parcel Search Sales Search Recorded Documents Permit Summary Taxes/Values Land Buildings Sales Map Parcel Summary for 0520053052 Taxpayer Details Taxpayer Name: LAKELAND EAST LLC Mailing Address: 1302 PUYALLUP ST STE A SUMNER WA 98390-1604 Appraisal Details Value Area: PI Year 5 Appr Acct Type: Residential Business Name: Related Parcels Group Account Number: n/a Mobile/MFG Home and Personal Property n/a parcel(s) located on this parcel: Real parcel on which this parcel is located: n/a Property Details Parcel Number: Site Address: Account Type: Category: Use Code: 06/06/ 0520053052 17208 8TH ST E Real Properly Land and Improvements 1101-SINGL.E FAMILY DWELLIN Tax/Assessment Current Tax Year: 2006 Taxable Value: 552,800 Assessed Value: 552,800 Tax Description Section 05 Township 20 Range 05 Quarter 31 : W 27 ACS OF NE OF SW LESS N & S 30 FT CO RD E:XC R/W CYD TO P TAPPS PARKWAY E ETN W1003291 OUT OF 3-032 SEG L0286 9/30/99MD I acknowledge and agree to the prohibitions listed in RCW 42.17.260(9) against releasing and/or using lists of indivi( commercial purposes. Neither Pierce County nor the Assessor -Treasurer warrants the accuracy, reliability or timeliness of any inl system, and shall not be held liable for losses caused by using this information. Portions of this information many not be current or i person or entity who relies on any information obtained from this system, does so at their own risk. All critical information shou independently verified. Pierce County Assessor -Treasurer Ken Madsen 2401 South 35th St Room 142 Tacoma, Washington 98409 (253)798-6111 or Fax(253)798-3142 wvdw. piercecountywa. org/atr (c) 2005 Pierce County P.ssesscr-Treasurer http://www-co-pierce.wa-us/efapps/atr/epip/summary.cfm?parcel=0520053052 6/6/2005 rlerce county Hssessor• 1 reasurer opip Page 1 of I Pierce County Assessor -Treasurer electronic Property Information Profile (e -PIP) Mad: sor-T Pierce County Home Assessor -Treasurer Home Parcel Search Sales Search Recorded Documents Permii Summary Taxes/Values Land Buildings Sales Map Parcel Summary for 0520053006 Taxpayer Details Taxpayer Name: LAKELAND EAST LLC Mailing Address: 1302 PUYALLUP ST STE A SUMNER WA 98390-1604 Appraisal Details Value Area: PI Year 5 Appr Acct Type: Residential Business Name: Related Parcels Group Account Number: n/a Mobile/MFG Home and Personal Property n/a parcel(s) located on this parcel: Real parcel on which this parcel is located: n/a Property Details Parcel Number: Site Address: Account Type: Category: Use Code: 06/O6/ 0520053006 1403 OLD MAN THOMAS RD E Real Property Land and Improvements 1155 -MH TITLE ELIM Tax/Assessment Current Tax Year: 2005 Taxable Value: 75,300 Assessed Value: 75,300 Tax Description Section 05 Township 20 Range 05 Quarter 34 : N 1 AC OF E 2 AC OF S 5 AC OF N 10 AC OF NW OI: SE OF SW SUBJ T 1975 MODUL GIBRALTAR S#91244 14X66 (P50000-31635) CT 5/00 I acknowledge and agree to the prohibitions listed in RCW 42.17.260(9) against releasing and/orusing lists of Indivit commercial purposes. Neither Pierce County nor the Assessor -Treasurer warrants the accuracy, reliability or timeliness of any inl system, and shall not be held liable for losses caused by using this information. Portions of this information may not be current or < person or entity who relies on any information obtained from this system, does so at their own risk. All critical Information shou independently verified. Pierce County Assessor -Treasurer Ken Madsen 2401 South 35th St Room 142 Tacoma, Washington 98409 (253)798-6111 or Fax(253)798-3142 www.piercecountyvia.org/atr (c) 2005 Pierce County Assessor -Treasurer http://www.co.pierce.wa.us/cfapps/atr/epip/summary.efin?parcel=0520053006 6/6/2005 Pierce County AS808sor-Treasurer ePIP Page 1 of 1 Pierce Countv Assessor -Treasurer electronic Property Information Profile (e -PIP) Pierce County Home Assessor -Treasurer Home Parcel Search Sales Search Recorded Documents Permit Summary Taxes/Values Land Buildings Sales Map Parcel Summary for 0520052039 Taxpayer Details Taxpayer Name: LAKELAND EAST LLC Mailing Address: 1302 PUYALLUP ST SUMNER WA 98390-1604 Appraisal Details Value Area: PI Year 5 Appr Acct Type: Com Multi Unit Business Name: Related Parcels Group Account Number: 6849 Mobile/MFG Home and Personal Property n/a parcels) located on this parcel: Real parcel on which this parcel is located: n/a Property Details Parcel Number: Site Address: Account Type: Category: Use Code: 06/06/ 0520052039 2101XXX 62ND PL SE Real Property Land and Improvements 9100 -RES VACANT LAND Tax/Assessment Current Tax Year: 2005 Taxable Value: 268,800 Assessed Value: 268,800 Tax Description Section 05 Township 20 Range 05 Quarter 24 : (20+ AC) TR E IN NW 05 -20 -OSE DESC AS FOLL BEG AT NW COR OF AKA SW COR OF GOVT L 4 PER ROS 8807280259 TH N 89 DEG 54 MIN 50 SEC E 1638.38 Fr TO POB TH S 03 DEG 2( W 48.22 FT TH S 31 DEG Ol MIN 58 SEC W 20.64 FT TH S 24 DEG 16 MIN 49 SEC E 21.34 FT TO FIT ON CURV TH ON W/RAD OF 100 FT THE CTR BEARS S 38 DEG 55 MIN 41 SEC E THRU C/A OF 127 DEG 34 MIN 07 SEC 222.65 FT TH � MIN 49 SEC 18.99 FT TO PT ON CURV TH ON C TO L W/RAD OF 100 FT THE CTR LIES S 74 DEG 00 MIN 49 SEC E THI DEG 26 MIN 20 SEC 131.67 FT TH S 13 DEG 49 MIN 52 SEC E 39.60 FT TH S 60 DEG 58 MIN 23 SEC E 65.47 FT TH E MIN 35 SEC E 20.88 FT TH S 45 DEG 31 MIN 31 SEC E 63.43 FT TH S 63 DEG 47 MIN 35 SEC W 44.14 FT TH S 01 DE SEC E 111.57 FT TH S 29 DEG 17 MIN 48 SEC E 5.34 FT TH S 04 DEG 11 MIN 06 SEC W 17.53 FT TO S LI OF N 1/2 C NW TH N 89 DEG 32 MIN 03 SEC E ALG SO S LI 136.65 FT TO W LI OF SE OF SE OF NW SEC 5 TH S 02 DEG 39 MIN i 665.38 FT TH N 89 DEG 09 MIN 03 SEC E 656.14 FT TO SE COR OF NW TH N 02 DEG 58 MIN 21 SEC E 1322.39 FT Ti GOVT L 3 TH S 89 DEG 54 MIN 50 SEC W 1013.86 FT TO POB EASE OF REC OUT OF 2-003 SEG I0541 2/10/97MD I acknowledge and agree to the prohibitions listed in RCW 42.17.260(9) against releasing and/or using lists of indivit commercial purposes. Neither Pierce County nor the Assessor -Treasurer warrants the accuracy, reliability or timeliness of any int system, and shall not be held liable for losses caused by using this information. Portions of this information may not be current or i person or entity who relies on any information obtained from this system, does so at their own risk. All critical information shou independently verired. Pierce County Assessor -Treasurer Ken Madsen 2401 South 35th St Room 142 Tacoma, Washington 98409 (253)798-6111 or Fax -(253)798-3142 ww.v,purcocountyvia.org/atr (c) 2005 Pierce County Assessor -Treasurer http://www.co,pierce.wa.us/cfapps/atr/epip/summarv.cfn?parcel=0520052039 6/6/2005 Pierce County ASSASsor-Treasurer ePIP Page 1 of 1 Pierce Counh Assessor -Treasurer electronic Property Information Profile (e -PIP) Pierce County Home Assessor -Treasurer Home Parcel Search Sales Search Recorded Documents Permit Summary Taxes/Values Land Buildings Sales Map Parcel Summary for 0520056017 Taxpayer Details Taxpayer Name: LAKELAND EAST LLC Mailing Address: 1302 PUYALLUP ST STE A SUMNER WA 98390-1604 Appraisal Details Value Area: PI Year 5 Appr Acct Type: Residential Business Name: Related Parcels Group Account Number: n/a Mobile/MFG Home and Personal Property n/a parcel(s) located on this parcel: Real parcel on which this parcel is located: n/a Property Details Parcel Number: Site Address: Account Type: Category - Use Code: 06/06/ 0520056017 17021 7TH ST E Real Property Land and Improvements 9100 -RES VACANT LAND Tax/Assessment Current Tax Year: 2006 Taxable Value: 64,300 Assessed Value: 64,300 Tax Description Section 05 Township 20 Range 05 Quarter 24 : L 1 OF SHORT PLAT 81-05-13-0182 EXC W 51.36 FT OF N 208.71 FT OF 6-013 SEG R-0800 MI EMS I acknowledge and agree to the prohibitions listed in RCW 42.17.260(9) against releasing and/or using lists of indivir commercial purposes. Neither Pierce County nor the Assessor -Treasurer warrants the accuracy, reliability or timeliness of any ml system, and shall not be held liable for losses caused by using this information. Portions of this Information may not be current or i person or entity who relies on any information obtained from this system, does so at their own risk. All critical information shou independently verified. Pierce County Assessor -Treasurer Ken Madsen 2401 South 35th St Room 142 Tacoma, Washington 98409 (253)798-6111 or Fax(253)798-3142 www.piercecountywa.org/atr (c) 2005 Pierce County Assessor -Treasurer http://www.co.pierce.wa.us/cfapps/atr/epip/summary.cfm?parcel=0520056017 6/6/2005 rioun Loun)y ns5e5sor•lreasurer my Page 1 of I Pierce County Assessor -Treasurer electronic Property Information Profile (e -PIP) Mad: :sor-T Pierce County Home Assessor -Treasurer Home Parcel Search Sales Search Recorded Documents Permil Summary Taxes/Values Land Buildings Sales Map Parcel Summary for 0520052036 Taxpayer Details Taxpayer Name: LAKELAND EAST LLC Mailing Address: 1302 PUYALLUP ST STE A SUMNER WA 98390-1604 Appraisal Details Value Area: PI Year 5 Appr Acct Type: Residential Business Name: Related Parcels Group Account Number: n/a Mobile/MFG Home and Personal Property n/a parcel(s) located on this parcel: Real parcel on which this parcel is located: n/a Property Details Parcel Number: Site Address: Account Type: Category: Use Code: 06/06/ 0520052035 624 OLD MAN THOMAS RD E Real Property Land and Improvements 1155 -MH TITLE ELIM Tax/Assessment Current Tax Year: 2005 Taxable Value: 168,200 Assessed Value: 168,200 Tax Description Section 05 Township 20 Range 05 Quarter 23 : PARCEL "A" DBLR 90-03-08-0209 DESC AS SE OF SW OF NE ESC FOL SE COR OF SE OF SW OF NW TH 5 88 DEG 08 MIN 42 SEC W 660 FT TO W LI OF SE OF SW OF NW TH N 01 DEG 031 ALG W LI 169.16 FT TH N 88 DEG 15 MIN 06 SEC E 595.55 FT TH N 17 DEG 37 MIN 29 SEC W 294.40 FT TH N 01 DE SEC E 220.88 FT TO N LI OF SE OF SW OF NW TH N 88 DEG 38 MIN 26 SEC E 157.35 FT TO E LI TH S 01 DEG 22 MII ALG E LI 671.39 FT TO POB EASE OF REC OUT OF 2-030 SEG C0354MD 7/8/9160 T/E 1988 MARLS: MARLETTE S#COI 27X40 (P50000-72435) CT 5/00 I acknowledge and agree to the prohibitions listed in RCW 42.37.260(9) against releasing and/or using lists of indivic commercial purposes. Neither Pierce County nor the Assessor -Treasurer warrants the accuracy, reliability or timeliness of any in[ system, and shall not be held liable for losses caused by using this Information. Portions of this information may not be current or i person or entity who relies on any information obtained from this system, does so at their own risk. All critical information shoe independently verified. Pierce County Assessor -Treasurer Ken Madsen 2401 South 35th St Room 142 Tacoma, Washington 98409 (253)798-6111 or Fax(253)798-3142 www.piercecountyvaa.orq/atr (c) 2005 Pierce County Assessor -Treasurer http://www.co.pierce.wa.us/cfapps/atr/epip/summary.cfm?parcel=0520052036 6/6/2005 Fierce County Assessor-Treagurer ePIP Pierce County Assessor -Treasurer electronic Property Information Profile (e -PIP) Page 1 of 1 Pierce County Home Assessor -Treasurer Home Parcel Search Sales Search Recorded Documents Permit Summary Taxes/Values Land Buildings Sales Map Parcel Summary for 0520053053 Taxpayer Details Taxpayer Name: LAKELAND EAST LLC Mailing Address: 1302 PUYALLUP ST STE A SUMNER WA 98390-1604 Appraisal Details Value Area: PI Year 5 Appr Acct Type: Residential Business Name: Related Parcels Group Account Number: n/a Mobile/MFG Home and Personal Property n/a parcel(s) located on this parcel: Real parcel on which this parcel is located: n/a Property Details Parcel Number: Site Address: Account Type: Category: Use Code: 06/06/ 0520053053 17001XXX I-AKE TAPPS PKWY E Real Property Land and Improvements 9100 -RES VACANT LAND Tax/Assessment Current Tax Year: 2006 Taxable Value: 162,000 Assessed Value: 162,000 Tax Description Section 05 Township 20 Range 05 Quarter 31 : E 11.18 AC OF NE OF SW LESS N 30 FT CO RD EXC R/W CYD TO P CC PARKWAY E ETN W1003291 OUT OF 3-039 SEG L0286 9/30/99MD I acknowledge and agree to the prohibitions listed in RCW 42.17.260(9) against releasing and/or using lists of indivir commercial purposes. Neither Pierce County nor the Assessor -Treasurer warrants the accuracy, reliability or timeliness of any im system, and shall not be held liable for losses caused by using this information. Portions of this information may not be current or person or entity who relies on any information obtained from this system, does so at their own risk. Alf critical Information shou independently verified. Pierce County Assessor -Treasurer Ken Madsen 2401 South 35th St Room 142 Tacoma, Washington 98409 (253)798-6111 or Fax(253)798-3142 ,wNw.piercecountywa.org/atr (c) 2005 Pierce County Assessor -Treasurer http://www.co.pierce.wa.us/cfapps/atr/epip/summary.cfm?parcel=0520053053 6/6/2005 rterce county Aggeggor_ I reagurer OPIP Page 1 of 1 Fierce County Assessor -Treasurer electronic Property Information Profile (e -PIP) Mad sor-1 Pierce County Home Assessor -Treasurer Horne Parcel Search Sales Search Recorded Documents Permit Summary Taxes/Values Land Buildings Sales Map Parcel Summary for 0520053041 Taxpayer Details Taxpayer Name. LAKELAND EAST LLC Mailing Address: 1302 PUYALLUP ST SUMNER WA 98390-1604 Appraisal Details Value Area: PI Year 5 Appr Acct Type: Residential Business Name: Related Parcels Group Account Number: n/a Mobile/MFG Home and Personal Property n/a parcel(s) located on this parcel: Real parcel on which this parcel is located: n/a Property Details Parcel Number: Site Address: Account Type: Category: Use Code: 06/06/ 0520053041 1418 OLDMAN THOMAS RD E Real Property Land and Improvements 1101 -SINGLE FAMILY DWELLIP Tax/Assessment Current Tax Year: 2006 Taxable Value: 138,400 Assessed Value: 138,400 Tax Description Section 05 Township 20 Range 05 Quarter 34 : PARCEL "B" DBLR 91-02-14-0148 DESC AS POR OF N 1/2 OF SW OF' DESC AS FOLL BEG SE COR OF N 1/2 OF SW OF SE OF SW TH W 55.37 FT TH N 08 DEG 17 MIN 33 SEC W 87.73 FT l 39 MIN 08 SEC E 78.72 FT TH N 87 DEG 48 MIN 19 SEC E 72.08 FT TO E LI SO SUED TH CON E ALG N LI OF S 1/2 O OF SE OF SW 322.61 FT TO E LI SD SUED TH S 02 DEG 48 MIN 42 SEC W 99.14 FT TO NWLY BDRY OF POR CYD TO I NATURAL GAS CO TH S 47 DEG 08 MIN 50 SEC W 101.83 FT TO S LI SO SUBD TH W 250.75 FT TO TRUE POB EASE C OF 3-012 & 3-002 SEG C1358MD 1/15/92BO I acknowledge and agree to the prohibitions listed inRCW 42.17.260(9) against releasing and/or using lists of indivir commercial purposes. Neither Pierce County nor the Assessor -Treasurer warrants the accuracy, reliability or timeliness of any inl system, and shall not be held liable for losses caused by using this information. Portions of this information may not be current or t person or entity who relies on any information obtained from this system, does so at their own risk. An critical information shou independently verified. Pierce County Assessor -Treasurer Ken Madsen 2401 South 351-11 St Room 142 Tacoma, Washington 98409 (253)798-6111 or Pax(253)798-3142 wwevpiercecoun tywa. of g/atr (c) 2005 Pierce County Assessor -Treasurer http://www.co.pierce.wa.us/cfapps/atr/epip/summary. cfm?parcel=0520053041 6/6/2005 rlerce counly Rssessor•Ireasurer eFlY Page 1 of 1 Pierce Count- Assessor -Treasurer electronic Property Information Profile (e -PIP) Mad; sor-'r Pierce County Home Assessor -Treasurer Home Parcel Search Sales Search Recorded Documents permit Summary Taxes/Values land Buildings Sales Map Parcel Summary for 0520051036 Taxpayer Details Taxpayer Name: LAKELAND EAST LLC Mailing Address: 1302 PUYALLUP ST SUMNER WA 98390-1604 Appraisal Details Value Area: PI Year 5 Appr Acct Type: Residential Business Name: Related Parcels Group Account Number: 6849 Mobile/MFG Home and Personal Property n/a parcel(s) located on this parcel: Real parcel on which this parcel is located: n/a Property Details Parcel Number: Site Address: Account Type: Category: Use Code: 06/06/ 0520051036 17001XXX LAKE TAPPS PKWY I Real Property Land and Improvements 9100 -RES VACANT LAND Tax/Assessment Current Tax Year: 2006 Taxable Value: 67,300 Assessed Value: 67,300 Tax Description Section 05 Township 20 Range 05 Quarter 13 : W 1/2 OF SE OF SW OF NE EXC THAT POR CYD TO P CO FOR LAKE TP PARKWAY PER AFN 97-03-12-0171 EXC THAT POR CYD TO CY OF AUBURN LY NLY & ELY OF FOLL DESC LI COM AT SI OF SW OF NE TH N 03 DEG 05 MIN 14 SEC E 468.44 FT TO POB TH S 45 DEG 54 MIN E 192.93 FT TH S 15 DEG 16 M 119.38 FT TH S 12 DEG 17 MIN 54 SEC E 179.43 FT TO NLY LI OF LAKE TAPPS PARKWAY R/W TH E ALG SO NLY LI 11 LI OF SW OF SE OF SW OF NE & TERMINUS OF LI DESC OUT OF 1-003 SEG M-0330 JU 11/7/OOJU I acknowledge and agree to the prohibitions listed in RCW 42.17.260(9) against releasing and/or using lists of indivit commercial purposes. Neither Pierce County nor the Assessor -Treasurer warrants the accuracy, reliability or timeliness of any inl system, and shall not be held liable for losses caused by using this information. Portions of this information may not be current or person or entity who relies on any information obtained from this system, does so at their own risk. All critical information shoo independently verified. Pierce County Assessor -Treasurer Ken Madsen 2401 South 35th St Room 142 Tacoma, Washington 98409 (253)798-6111 or Fax(253)798-3142 www.pjercecountywa.org/atr (c) 2005 Pierce County Assessor -Treasurer http://www.co.pierce.wa.us/cfapps/atr/epip/summary.cfm?parcel=0520051036 6/6/2005 Fierce County Assessor -Treasurer ePTP Page I of 1 Pierce County Assessor -Treasurer electronic Property Information Profile (e -PIP) Pierce County Home Assessor -Treasurer Home Parcel Search Sales Search Recorded Permil Summary Taxes/Values Land Buildings Sales Map Parcel Summary for 0520052034 Taxpayer Details Taxpayer Name: LAKELAND EAST LLC Mailing Address: 1302 PUYALLUP ST STE A SUMNER WA 98390-1604 Appraisal Details Value Area: PI Year 5 Appr Acct Type: Residential Business Name: Related Parcels Group Account Number: n/a Mobile/MFG Home and Personal Property n/a parcel(s) located on this parcel: Real parcel on which this parcel is located: n/a 06/06/ Property Details Parcel Number: 0520052034 Site Address: 17021 7TH ST E Account Type: Real Property Category: Land and Improvements Use Code: 1800 -OTHER. RESIDENTIAL Tax/Assessment Current Tax Year: 2006 Taxable Value: 46,900 Assessed Value: 46,900 Tax Description Section 05 Township 20 Range 05 Quarter 23 : THAT POR OF SE OF SW OF NW DESC AS FOLL BEG SE COR SD SUBC LI OF SUBD 335.70 FT TO POB TH S 88 DEG 23 MIN 37 SEC W 118.27 FT TH N 17 DEG 37 MIN 29 SEC W 120 FT TH MIN 18 SEC E 220.88 FT TO N LI SD SUBD TH ELY ALG SD N LI 157.35 FT TO NE COR SD SE OF SW OF NW TH ALG I TO POB EXC N 208.71 FT THEREOF EASE OF RECORD OUT OF 2-031 SEG R-0800 MI EMS I acknowledge and agree to the prohibitions listed in RCW 42.17.260(9) against releasing and/or using lists of indivir commercial purposes. Neither Pierce County nor the Assessor -Treasurer warrants the accuracy, reliability or timeliness of any inl system, and shall not be held liable for losses caused by using this information. Portions of this information may not be current or person or entity who relies on any information obtained from this system, does so at their own risk. All critical information shou Independently verified. Pierce County Assessor -Treasurer Ken Madsen 2401 South 35th St Room 142 Tacoma, Washington 98409 (253)798-6111 or Fax(253)798-3142 wwvv.pterceccunLyv1a.org/anr (c) 2005 Pierce County Assessor -Treasurer http://www.co.pierce. wa. us/cfapps/atr/epip/summary. efm?parcel=0520052034 6/6/2005 r)erce U01111ty Assessor -Treasurer ePIP EA Pierce County Assessor -Treasurer electronic Property Information Profile (e -PIP) Page I of t Pierce County Home Assessor -Treasurer Home Parcel Search Sales Search Recorded Eloc-- is Permii Summary Taxes/Values Land Buildings Sales Map Parcel Summary for 0520056014 Taxpayer Details Taxpayer Name: LAKELAND EAST LLC Mailing Address: 1302 PUYALLUP ST STE A SUMNER WA 98390-1604 Appraisal Details Value Area: PI Year 5 Appr Acct Type: Residential Business Name: Related Parcels Group Account Number: n/a Mobile/MFG Home and Personal Property n/a parcel(s) located on this parcel: Real parcel on which this parcel is located: n/a 06/06/ Property Details Parcel Number: 0520056014 Site Address: 17111 7TH ST E Account Type: Real Property Category: Land and Improvements Use Code: 1101 -SINGLE FAMILY DWELLIh Tax/Assessment Current Tax Year: 2006 Taxable Value: 251,000 Assessed Value: 251,000 Tax Description Section 05 Township 20 Range 05 Quarter 24 : L 2 OF SHORT PLAT 81-05-13-0182 SUB] TO EASE OUT OF 2-029 SE( EMS I acknowledge and agree to the prohibitions listed in RCW 42.17.260(9) against releasing and/or using lists or Indivit commercial purposes. Neither Pierce County nor the Assessor -Treasurer warrants the accuracy, reliability or timeliness of any inl system, and shall not be held liable for losses caused by using this information. Portions of this information many not be current or i person or entity who relies on any information obtained from this system, does so at their own risk. All critical information shou independently verified. Pierce county Assessor -Treasurer Ken Madsen 2401 South 3Sth St Room 142 Tacoma, Washington 98409 (253)798-6111 or Fax (253,798-3142 www.pie!cecountywa.org/atr (c) 2005 Pierce County Assessor -Treasurer http://www.co.pierce.wa.us/cfapps/atr/epip/summary.cfm?parcel=0520056014 6/6/2005 Acre@ COURty AM993f-Treasurer ePIP page I of I Pierce County Assessor -Treasurer electronic Property Information Profile (e -PIP) Pierce County Home Assessor -Treasurer Home Parcel Search Sales Search Recorded poc- is Permit Summary Taxes/Values Land Buildings Sales Map Parcel Summary for 0520051001 Taxpayer Details Taxpayer Name: Mailing Address: Appraisal Details Value Area: Appr Acct Type: Business Name: Related Parcels LAKELAND EAST LLC 1302 PUYALLUP ST SUMNER WA 98390 PI Year 5 Residential Group Account Number: 6849 Mobile/MFG Home and Personal Property n/a parcel(s) located on this parcel: Real parcel on which this parcel is located: n/a Property Details Parcel Number: Site Address: Account Type: Category: Use Code: 06/06/ 0520051001 310 176TH AV E Real Property Land and Improvements 9100 -RES VACANT LAND Tax/Assessment Current Tax Year: 2006 Taxable Value: 68,400 Assessed Value: 68,400 Tax Description Section 05 Township 20 Range 05 Quarter 13 : W 1/2 OF NW OF SW OF NE EXC W 60 FT THEREOF I acknowledge and agree to the prohibitions listed in RCW 42.17.260(9) against releasing and/or using lists of indivir commercial purposes. Neither Pierce County nor the Assessor -Treasurer warrants the accuracy, reliability or timeliness of any Int system, and shall not be held liable for losses caused by using this information. Portions of this information may not be current or t person or entity who relies on any information obtained from this system, does so at their own risk. All critical information shou independently verified. Pierce County Assessor -Treasurer Ken Madsen 2401 South 35th St Room 142 Tacoma, Washington 98409 (253)798-6111 or Fax(253)798-3142 www. piercecountywa. org/atr (c) 2005 Pierce County Assessor -Treasurer http://www.co.pierce.wa.us/cfapps/atr/epip/summary.ef n?parcel=0520051001 6/6/2005 FAA -2c osZo�S I 1 AT 11 3052. 3)T Gr 3015 AUBURN WASHINGTON TO: Interested Parties (Peter B. Lewis, Mayor 25 West Main Street * Auburn WA 98001-4998 * NWW-aut)umwa.gov * 253-931-3000 *MEMORANDUM* FROM: Paul Krauss, AICP �jp SEPA Responsible Official Director, Planning and Community Development Department DATE: July 14, 2005 RE: Notice of Addendum to Final Determination of Nonsignificance for Lakeland East Comprehensive Plan Map amendment, File No. SEP04-0025. Current File No. SEP05-0015 ------------------------- ease find enclosed a copy of an addendum to the Final DNS issued for the Referenced Project in compliance with the requirements of WAC -196-11-625. If you have any questions regarding this process or document, please contact Steve Pilcher, Development Services Coordinator, at 253-804-3111 or via e-mail at (soi1cher0-auburnwa. ov . EXHIBIT 4 AUBURN* MORE TI IAN YOU IMAGINED LAKELAND EAST DETERMINATION OF NON -SIGNIFICANCE (SEP04-0025) ADDENDUM ISSUING AGENCY: City of Auburn, Department of Planning and Community Development 25 West Main Auburn, Washington 98001-4998 DATE OF ISSUANCE: July 12, 2005 PROPOSAL: Rezone of the "Lakeland East" annexation area from R1 Single Family Residential to Lakeland Hills South PUD (Planned Unit Development) and a Major Amendment to the Lakeland Hills South PUD to expand the project into an additional 77 acres of land, thereby implementing the Comprehensive Plan Map amendment adopted in 2004. PROPONENT: Lakeland East, LLC LOCA TION: There is no street address; the project site is located in Pierce County, east of 64 St. SE and south of 62nd St. SE in Auburn, WA. REASON FOR ISSUING ADDENDUM: As part of the City of Auburn's 2004 annual Comprehensive Plan amendment cycle, the proponent requested an amendment to the Comprehensive Plan Map to change the designation of this area from "Single Family Residential" to "Moderate Density Residential" and to apply the Lakeland Hills South Special Area Plan designation to this area. The area is currently being annexed into the municipal limits of the City of Auburn and, pursuant to City Code (ACC 18.02.050) will be zoned R1 Single Family Residential at the time of annexation. The proponent desires to change the zoning of the area shortly after annexation is completed so that it is consistent with the Comprehensive Plan Map as amended in 2004. MODIFICATIONS TO CONDITIONS OF DNS: None proposed. LEAD AGENCY: City of Auburn RESPONSIBLE OFFICIAL: Paul M. Krauss, Director of Planning and Community Development CONTACT PERSON: Steve Pilcher, Development Services Coordinator, (253) 804-3111 CITY OF * �r�.�y„.s, , WASHINGTON EXHIBIT 5 NOTICE OF PUBLIC HEARING Please be advised that the AUBURN HEARING EXAMINER on August 9, 2005, at 7:00 p.m. will conduct a PUBLIC HEARING on the following request: APPLICATION NO, REZ05-0004 The request of Lakeland East LLC, to rezone approximately 77 -acres from RI Single Family Residential to Planned Unit Development District -Lakeland Hills South Special Plan Area. The lands proposed for rezoning are located within a recently annexed area and are located generally east of Old Man Thomas Road and also south of Lake Tapps Parkway. The public hearing will be held in the Council Chambers, Auburn City Hall, located at 25 West Main Street. The public is invited to attend to express comments or opinions. Written comments may be submitted prior to the hearing to the Auburn Planning Department, 25 West Main, Auburn, WA. 98001. If you have further comments or questions, please call the Planning Department at (253) 931-3090. A staff report will be available approximately one week in advance of the hearing date and can be obtained by contacting the City of Auburn Planning and Community Development Department at (253) 931-3090. For citizens with speech, sight or hearing disabilities wishing to review documents pertaining to this hearing, should contact the City of Auburn within 10 calendar days prior to the meeting, as to the type of service or equipment needed. Each request will be considered individually according to the type of request, the availability of resources, and the financial ability of the City to provide the requested services or equipment. For the location of the property, refer to the cross -hatched area on the map below. AFFIDAVIT OF POSTING OF LEGAL NOTICE BY APPLICANT Application No.: REZ05-0004 Applicant: Lakeland East LLC Location: located generally east of Old Man Thomas Road and also south of Lake Tapps Parkway Date of Public Hearing: August 9, 2005 I certify that on 7- Z 6 - OS I did erect a land use posting board at the location above, which included a Notice of Public Hearing for the above referenced application, as required by Auburn City Code 1.27, 14.07.040 and 18.66.130. The board was erected at least 10 days prior to the public hearing date noted above. I declare under penalty of perjury of the laws of the State of Washington that the foregoing is true and correct. Name (please print or type) 0gnatt e 7- 28-r-5 Date (Note: this affidavit must he returned to the Planning and Community Development Department at least one week prior to the scheduled hearing date or the hearing may he postponed). EXHIBIT 6 AFFIDAVIT OF MAILING OF LEGAL NOTICE Application No.: REZ05-0004 Applicant: Lakeland East LLC Location: located generally east of Old Man Thomas Road and also south of Lake Tapps Parkway Date of Public Hearing: August 9, 2005 I certify that on July 29, 2005 I did send a Notice of Public Hearing for the above referenced application, as required by Auburn City Code 14.07.040 and 18.66.130, to all property owners located within 300 feet of the affected site. Said Notice was mailed pre -paid stamped through the United States Postal Service at least 10 days prior to the public hearing date noted above. I declare under penalty of perjury of the laws of the State of Washington that the foregoing is true and correct. 1� Patricia Zo6k, Planning Secretary EXHIBIT 7 Page 1 of 1 Patti Zook From: Tom Meagher [tom.meagher@kingcountyjournal.com] Sent: Tuesday, July 26, 2005 12:44 PM To: Patti Zook Subject: RE: Notices of Public Hearing - for publication on July 29, 2005 Hi, Patti! I have received your email, with the attachment, and will publish all four of the notices (Re/Notice of 8/09/05 Public Hearing, File No. MIS -05-0003; Notice of 8/09/05 Public Hearing, File No. REZ05-0004; Notice of 8/09/05 Public Hearing, File Nos. PLT05-0001, PUD05-0001 and REZ05-0001; and Notice of 8/09/05 Public Hearing, File Nos. PLT05-0002, PUD05-0002 and RES05-0002) in the 7/29/05 edition of the King County Journal. Thanks a bunch, Patti... have a super (duper) day! Tom Meagher Legal Advertising Representative King County Journal Newspapers Phone: 253-234-3512 or 425-4,53-4296 Fax: 253-859-9268 or 425-635-0602 -----Original Message ----- From: Patti Zook [mailto:pzook@aubumwa.gov) Sent: Tuesday, July 26, 2005 12:33 PM To: 'legal ads -Tom Meagher' Subject: Notices of Public Hearing - for publication on July 29, 2005 Importance: High Hi Tom - Attached are notices of public hearings to be published on Friday, July 29, 2005. Please e-mail a confirmation. Thanks for your help. Have a great day! Patti Zook City of Auburn Department of Planning and Community Development 253-931-3090 )zQok@aubumw.a.gov -his e-mail message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, Ise, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the anginal message. Thank You. EXHIBIT 13 8/3/2005 ORDINANCE N0, 5 8 91 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO PLANNING; ADOPTING COMPREHENSIVE PLAN MAP AND TEXT AMENDMENTS PURSUANT TO THE PROVISIONS OF R.C.W. CHAPTERS 36.70A AND 35A.63 WHEREAS, the City of Auburn on August 18, 1986 adopted a Comprehensive Plan by Resolution No. 1703 which includes a Map establishing the location of the Comprehensive Plan Land Use Designations throughout the City; and WHEREAS, on April 17, 1995 the City of Auburn adopted Comprehensive Plan Amendments by Resolution No. 2635 to comply with the Washington State Growth Management Act; and WHEREAS, the City of Auburn on September 5, 1995 reaffirmed that action by Ordinance No. 4788; and, WHEREAS RCW 36.70A.130(4) requires that counties and cities to take action to review and, if needed, revise their comprehensive plans to ensure the comprehensive plan meets the requirements of Chapter 36.70A RCW; and, WHEREAS, Planning and Community Development Department conducted a "consistency" review of the Comprehensive Plan and identified ------------------------ Ordinance No. 5891 December 14, 2004 EXHIBIT 11) Page 1 areas to be addressed to ensure compliance with the Growth Management Act, as amended; and WHEREAS, the City of Aubum provided the public the opportunity to request map and/or text changes to the Comprehensive Plan and received one privately initiated plan map amendment request by the June 25, 2004 deadline established to request such amendments; and WHEREAS, Comprehensive Plan map and text amendments were processed by the Planning and Community Development Department as Proposed Year 2004 amendments to the City of Auburn Comprehensive Plan; and, WHEREAS, as a result of the consistency review, the City of Auburn is updating its comprehensive plan to incorporate updated housing and employment al"fions provided for by the King County Countywide Planning Policies and Pierce County Countywide Planning Policies; incorporate updated demographic and socio-economic data from the US Census Bureau and other sources, and include other technical updates; and WHEREAS, the City of Auburn, in conjunction with King County and other cities and towns in King County, participated in processes intended to allocate updated Washington State Office of Financial Management (OILM) Population projections for King County; and ------------------------ Ordinance No. 5891 December 14, 2004 Page 2 WHEREAS, the City of Auburn, in conjunction with Pierce County and other cities and towns in Pierce County, participated in processes intended to allocate updated Washington State Office of Financial Management (OFM) Population projections for Pierce County; and WHEREAS, the City of Auburn has been assigned a target of 5,928 additional housing units and 6,079 additional jobs under the King County Countywide Planning Policies for that portion of the City of Auburn lying in King County to the year 2022; and, WHEREAS, the City of Auburn population allocation for Pierce County was 7,950 people for that portion of the City of Auburn lying in Pierce County to the year 2022; and, WHEREAS, the City of Auburn Comprehensive Plan has been updated to reflect these newly population and/or employment allocations; and, WHEREAS, the City of Auburn has reviewed its planned densities as part of the comprehensive plan update process and identified areas where planned densities are less than four units per net acre; and, WHEREAS, certain areas in the City with a plan designation less than four units per acre are designated as urban separators under the King County Countywide Planning Policies and are not allowed to be redesignated to higher ------------------------ Ordinance No. December 14, 2004 Page 3 densities for a 20 year planning period (King County Countywide Planning Policy LU -27); and, WHEREAS, other areas with densities less than four units per net acre consist of the Coal Creek Springs watershed area, an area that is large in scope which features wellhead protection zones, shorelines of the State associated with the White River, floodplains, wetlands, wildlife habitat areas, streams including Bowman Creek and Coal Creek Springs, erosion hazard areas all of which when taken together comprise an area that is complex in structure and function and has a high rank order value; and, WHEREAS, the environmental impacts of the Year 2004 Comprehensive Plan amendments were considered in accordance with procedures of the State Environmental Policy Act under City case files SE:PO4- 0025 (CPM#1), SEP04-0027 (P/T#4 - City of Auburn Six Year CFP) and SEP04-0029 (remainder of the city-wide amendments) with a Determination of Non -Significance (DNS) issued on each proposal; and WHEREAS, the proposed plan amendments were sent to State agencies for the 60 -day review process in accordance with RCW 36.70A.106 on August 19, 2004; and WHEREAS, said 60 -day State agency review process concluded on October 18, 2004 with no comments received from State agencies; and ------------------ Ordinance No. 5891 December 14, 2004 Page 4 WHEREAS, the Planning Commission held open public meetings/study sessions on the proposed Comprehensive Plan amendments on August 31, 2004, September 8, 2004, and September 28, 2004; and WHEREAS, after proper notice published in the City's official newspaper at least ten (10) days prior to the date of hearing, the Auburn Planning Commission on October 5, 2004 conducted a public hearing on the proposed amendment; and WHEREAS, at the public hearing the Auburn City Planning Commission heard public testimony and took evidence and exhibits into consideration; and WHEREAS, thereafter on October 14, 2004 the Auburn City Planning Commission made recommendations to the City Council on the proposed Year 2004 Comprehensive Plan map and text amendments; and WHEREAS, on November 22, 2004 the Planning and Community Development Committee of the Auburn City Council reviewed the Planning Commission's recommendations and made a recommendation to the City Council; and WHEREAS, after proper notice published in the City's official newspaper at least ten (10) days prior to the date of hearing, on December 6, 2004 the Auburn City Council held a duly noticed public hearing and considered the ------------------------ Ordinance No. December 14, 2004 Page 5 Proposed Comprehensive Plan amendments as recommended by the City of Auburn Planning Commission; and WHEREAS, at the public hearing the Auburn City Council heard public testimony and took evidence and exhibits into consideration; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS; Section 1. The 2004 Comprehensive Plan Amendments, as set forth in the documents and maps collectively identified as "Exhibit A' attached hereto and incorporated herein by this reference, are herewith adopted and approved and it is herewith directed that they be filed along with this Ordinance with the Auburn City Clerk and be available for public inspection. Section 2. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any of the Comprehensive Plan amendments adopted herein, is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation to include incorporating into one document the adopted ------------------------ Ordinance No. 5891 December 14, 2004 Page 6 Comprehensive Plan map and text amendments, attached hereto as Exhibit "A" and preparing and publishing the amended Comprehensive Plan. Section 4. This Ordinance shall take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: DEC 2 0 2004 PASSED: DEC 2 o 20ii4 APPROVED: DJ:C 2. &-2o04 PETER B, LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: iel B. Hei Attorney Published: 1L ------------------------ Ordinance No. December 14, 2004 Page 7 EXHIBIT A CPM#1 To amend the Comprehensive Plan Map from "Single Family Residential" to "Moderate Density Residential" for . properties both within and outside of the Lakeland Hills South Special Plan Area. For those parcels presently outside of the special plan area, the proposal is to incorporate them into the Lakeland Hills South Special Plan Area. (STR 05-20-05) PROPOSED COMPREHENSIVE !� 7 r F i i ✓', @'EX. 1 /A NOTE: AREA 16 REFLECTS AN EXPANSI( OF THE LAKELAND HILLS SOUTH SPECIAL PLAN AREA CHANGE FROM SINGLE FAj4LY TO MODERATE DENSrry RFSR71 SCALE: 1 " = 400' PLAN MAP AMENDMENT CPM # 1 ® PROPOSED CHANGE AREA "CITY LIMITS cnrae �ncio Located in: W 05-20-05 NOTE: The following to amendment to the Lakeland Hills South Special Planning Area text in Chapter 14 Is approved in conjunction with CPM#1. CHAPTER 14 COMPREHENSIVE PLAN MAP Lakeland HdIs South Special Planning Area: The Lakeland Hills South Plan wig initially covered the approximately 685 acres owned by The Lakeland Company within Pierce County and contained within the City of Auburn potential annexation area (urban growth area). The Plan is intended tonwst 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. �+MV VI411 1011/ 100. Residential development within the PUD is will be primarily single family and moderate density dwellings with a wide range of lot sizes, including lots smaller than those surfengyical allowed (1995) by the City's zoning ordinance for non-PUUs. The maximum allowable number of residential units provided for originally wasis 3,408 based upon an overall gross density of 5 units per acre. High density multifamily units are limited to one area of the PUDwil -be-limited to approximately 669 units. Twenty acres wiNare to be used for light commercial development and significant area has wig been set aside as open space. The development wig includes a developed 15 -acre park, an undeveloped 15 -acre park, two 5 -acre parks and a linear park along Lakeland Hills Way. The locations of the parks are shown on the comprehensive plan map. Changing the location of any or all of the parks does not constitute a comprehensive plan amendment provided that the total park acreage does not change and the location is agreed upon by the City. Within the Lakeland Hills South Special Plan area only, the permitted density ranges for the comprehensive plan designations are as follows: Single Family Residential: 1-6 units per acre; Moderate Density Residential: 2-14 units per acre; and High Density Residential: 12-19 units per acre. The development iswi# occurrLng in phases in coordination with the provision of required urban services. fie€ the 2. The rezone and any related aoDlications shall demonstrate CITY OF * ** AUBURN Peter B. Lewis, Mayor WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.aubumwa.gov * 253-931-3000 August 25, 2005 MARTIN D. WAISS 1302 PUYALLUP STREET SUMNER WA 98390 CHRISTOPHER M. HUSS 4224 WALLER ROAD TACOMA WA 98433 RE: APPLICATION NO. REZ05-0004 Dear Applicants: Attached is the Hearing Examiner's official recommendation regarding your request that was considered by the Hearing Examiner on August 9, 2005. The City Council will consider your request on September 6 in the City Council Chambers at 7:30 p.m. You or a representative are requested to be at that meeting to answer any questions the City Councilmembers might have regarding your proposal. Following the conclusion of the City Council meeting, you must return the public notice sign to the City of Auburn Planning and Community Development Department. If the board is not returned or is not legible or is damaged, then City Code requires that the applicant shall pay a replacement fee. The replacement fee must be paid prior to the issuance of any permit, license or any other approval required by the City of Auburn that is related to subject property. If you have any questions regarding the attached, please give us a call. Si;elyJ aul Krauss, AICP Director PK:pz Attachment cc: Building Department Public Works Department City Clerk AUBURN* MORE THAN YOU IMAGINED BEFORE THE HEARINGS EXAMINER FOR THE CITY OF AUBURN In the Matter of the Application of LAKELAND EAST LLC, ) By Martin D. Waiss ) For a Rezone and Major Amendment ) to the Lakeland Hills South PUD ) NO. REZ05-0004 FINDINGS, CONCLUSIONS - AND RECOMMENDATION'S SUMMARY OF RECOMMENDATION It is recommended that the Auburn City Council approves the request for a rezone of approximately 77 acres from R-1 Single Family Residential to Planned Unit Development District (Lakeland Hills South Special Plan Area), subject to conditions. The request for a Major Amendment to the existing Lakeland Hills Planned Unit Development is should be denied. SUMMARY OF RECORD Request: Lakeland East LLC, through its agent Martin D. Waiss, requests approval of a rezone of approximately 77 acres from R-1 Single Family Residential to Planned Unit Development District (Lakeland Hills South Special Plan Area) and approval of a Major Amendment to the Lakeland Hills Planned Unit Development. The subject property is located generally east of Old Man Thomas Road and south of Lake Tapps Parkway, just west and adjacent to the area known as the "Lakeland Hills Planned Unit Development' in the City of Auburn, Pierce County, Washington. The Lakeland Hills neighborhood has been under construction by the same developer since the early 1990s. Hearing Date: An open record hearing on the request was held before the Hearings Examiner for the City of Auburn on August 9, 2005. Testimony: At the open record hearing the following individuals presented testimony under oath 1. Mr. Steve Pilcher, Planner, City of Auburn 2. Mr. Dennis Hanberg, authorized agent for Lakeland East LLC 3. Ms. Angela Wingate, Invesco Services Exhibits: At the open record hearing the following exhibits were admitted as part of the official record: Findings, Conclusions & Decision Hearings Examiner for the Citv of Auburn Lakeland East LLC Rezone/PUD Amendment Page I of I I I . Staff Report 2. Site Map 3. Rezone Application with Pierce County Assessor's parcel records and site map 4. Addendum to Determination of Non -Significance, issued July 12, 2005 5. Notice of Public Hearing 6. Affidavit of Site Posting for Notice of Public Hearing 7. Affidavit of Mailing for Notice of Public Hearing 8. E-mail from King County Journal confirming receipt of Public Notice for publication. July 26, 2005 9. Ariel Photography of subject properties 10. City of Auburn Ordinance 5891, 2004 Comprehensive Plan Amendments with Exhibit A 11. Site Plan 12. Letter from City of Auburn, dated August 12, 2005, pertaining to annexation 12A. Ordinance 5932 - Tucci -Polygon Annexation, dated August 1, 2005 Upon consideration of the testimony and exhibits submitted at the open record hearing. the Hearings Examiner enters the following Findings and Conclusions: FINDINGS 1. Lakeland East LLC (Applicant), through its agent Martin D. Waiss, requested approval of a rezone of approximately 77 acres of property recently annexed to the City of Auburn. The rezone would reclassify the property from R -I Single Family Residential to Planned Unit Development (PUD). In addition, the Applicant requested a major amendment to an existing PUD, the Lakeland Hills PUD. 2. Notice of the public hearing was posted on the property on July 28, 2005. Notice of the public hearing was mailed to all property owners located within 300 feet of the affected site and published in the King County Journal on July 29, 2005. The notice provided in this matter only stated that a public hearing was being held on the rezone of the property and made no reference to the proposed major amendment to the PUD. Exhibit 4, 6. 7. and 8. 3. No public comment on the rezone application or PUD major amendment was received in advance of the hearing nor was public testimony was presented at the hearing. 4. The rezone and the major amendment to the Lakeland Hills South Special Area Plan were consolidated into one proceeding at the public hearing. A. REZONE FINDINGS The Applicant, through its agent Martin D. Waiss, requested approval of a rezone of approximately 77 acres from R-1 Single Family Residential to Planned Unit Findings, Conclusions & Decision Hearings Examiner for the Citv of Auburn Lakeland East LLC Rezone!PUD Amendment Page 2 of I I Development District (Lakeland Hills South Special Plan Area). The property is located east of Old Man Thomas Road and south of Lake Tapps Parkway, lying just west of the Lakeland Hills Planned Unit Development (PUD). Lakeland East LLC is the same developer who has been constructing the Lakeland Hills PUD since the early 1990s. Exhibit 1, Staff report page 2; Testimony of Mr. Pilcher. 2. Pursuant to Auburn City Code (ACC) 18.68.020(A)(1), a rezone is an amendment to the Zoning Map and maybe initiated by a request from one or more property owners. The Applicant is the owner of the property involved in this rezone and filed an application with the City on June 6, 2005. ACCI R_ 68.020: Exhibit 3, Rezone Application. 3. Applicant's rezone application includes 20 parcels that are the subject of this rezone. All parcels are located within Pierce County and are referenced by Pierce County Tax Assessor's parcel numbers 0520053015, 0520053040, 0520053028, 0520052037, 0520053034, 0520053016, 0520053035, 0520052035, 0520056022, 0520053052, 0520053006, 0520052039, 0520056017, 0520052036, 0520053053, 0520053041, 0520051036, 0520052034, 0520056014, and 0520051001, and range in size from 0.40 acres to 24.11 acres. Exhibit 3, Rezone Application: Pierce County Tax Assessor 4. According to Pierce County Tax Assessor records, the total acreage for all parcels is approximately 105.72 acres. Based on the Site Map, Exhibit 2, it appears that Parcel No. 0520051036 (1.48 acres), Parcel No. 0520051001 (4.51 acres), and the northern portion of Parcel No. 0520052039 are not part of this rezone and will retain the R-1 zoning designation. With the subtraction of these parcels, the acreage is more in agreement with the Applicant's proposed 77 acre rezone. Exhibit 2, Site Map; E.rhibil 3, Rezone Application; Testimony of Mr. Pilcher 5. The subject parcels are within unincorporated Pierce County but contained within the City's potential annexation area (PAA). At the date of the public hearing (Au ust 9, 2005), the City was in the process of annexing the property subject to the rezone. The Staff conditioned approval of the rezone on the annexation of the subject property. On August 1, 2005, the City Council passed Ordinance 5932, annexing the area to the City effective August 15, 2005. Exhibit 1. Staff Report, page 2 and 5; Exhibit 12; Exhibit 12A; Testimony of Mr. Pilcher. 6. The R-1 zone is intended to create a living environment of optimum standards for single- family detached dwellings by limiting development to relatively low degrees of density. This district allows for 1 dwelling unit per 8000 square foot lot. The Lakeland Hills South PUD zoning district is intended to offer enhanced flexibility for developing a site by utilizing innovative and alternative development standards and allowing for a greater range of residential densities. PUD density is based on the planning area where the property is located. Applicant seeks to rezone the property within the 'moderate density The annexation, known as the "Tucci -Polygon Annexation." involves a total of 271 acres of land of which includes the Applicant's property. Findings, Conclusions & Decision Hearings Examiner for the City of Auburn Lakeland East LLC Rezone/PUD Amendment Page 3 of I I residential' planning area which would allow for 2 to 14 dwelling units per acre. 4 C 18.12.010, ACC 18.76.010; 18.76.060(B)_ 7. Pursuant to the requirements of RCW 36.70A, the Citv conducted a review of their Comprehensive Plan in 2004. During this review, the public could submit requests for changes to both the text of the Comprehensive Plan and the Comprehensive Plan Map (the Map). Applicant submitted such a request, seeking to amend the Map from Single Family Residential to Moderate Density Residential for certain properties within and outside of the Lakeland Hills South Special Plan Area, including the parcels pertaining to this rezone. On December 20, 2004, after much discussion on the issues of traffic, housing density, topography, parks, and policy considerations, the City Council passed Ordinance 5891 amending both the map and the text of the Comprehensive Plan designating the property as Moderate Density Residential. RC'W 36.70A, Exhibit 10. ('it), Council Minutes, Dec. 20, 2004. 8. City of Auburn Ordinance 5891 approved and enacted the Comprehensive Plan Amendments as set forth in its attached documents and maps identified as "Exhibit A". Exhibit A, entitled "CPM#1", included a Site Map with areas affected by the amendment shown by `hatch markings.' Comparing the CPM#1 Site Map with the Applicant's rezone application (Exhibit 3) and the Site Map (Exhibit 2), it appears the Parcel No. 0520052039 and Parcel No. 0520051036 were not included in Ordinance 5891. Exhibit 2; Exhibit 3, Ordinance 5891 - CPM41 Proposed Comprehensive Plan Map Amendment. 9. As part of the text amendments to the Comprehensive Plan, the City Council established a condition that the northernmost area, approximately 20 acres, adjacent to and contiguous with the neighborhoods of "Evergreen" and "Eastpointe" will not be developed as "for rent," "semi-detached," or "attached" housing and will be restricted to utilizing development standards which are no more intense than the Single Family Detached provisions found in ACC 18.76. The purpose of the restrictions are to provide for transition between residential areas of varied densities. Exhibit 1, SiaJt Report, page 2-3; Exhibit 10, Ordinance 5891; Testimony of Mr. Pilcher. 10. ACC 18.68.030(B)(1) requires the Director of Planning and Community Development to review a rezone application for consistency with the City's Comprehensive Plan. If the Director determines that the application is consistent, it shall be scheduled for a public hearing. The Director determined that the application was consistent and the required public hearing was scheduled to be held on August 9, 2005. ACC 18.68.030, Exhibit 1. Staff Report, page 4. 11. Surrounding land uses consist of residential development and vacant lands. Residential development is low and moderate densities in the north and south and an existing higher density PUD development of Lakeland Hills to the west. Exhibit 1, Slyll Report, page 2. Findings, Conclusions & Decision Hearings Examiner for the City of Auburn Lakeland East LLC Rezone/PUD Amendment Page 4 of I I 12. The subject parcels have been zoned Moderate Density Single Family (MSF)' under Pierce County's zoning ordinance since 1995 and will be assigned R-1 Single Family Residential zoning u�on annexation to the City unless zoning is assigned concurrently with the annexation. Ordinance 5932 annexed the Applicant's parcels as of 12:01 am August 15, 2005. No zoning was assigned at the time of annexation and the property assumed a R-1 zoning. PCC 18.25: ACC 18.02.050: Exhibit 1, Staff Report page _' and 4, Exhibit 12A, Ordinance 5932. 13. In considering a rezone, the Applicant has the burden of proof to demonstrate that conditions have substantially changed since the original zoning and that the rezone bears a substantial relationship to the public health, safety, morals, or general welfare. A variety of factors may be utilized to satisfy a change in circumstances including changes in public opinion, local land use patterns, and on the property itself. In the instant rezone application. Applicant provided no specific evidence as to a change in conditions except that the property abuts an existing PUD community, is topographically challenged and more suitable for flexibility PUD zoning district has to offer, complies with the goals of the GMA, and would create compatibility between the existing community and the proposed development. The City asserted that, given the fact that the property would be annexed and has maintained R-1 zoning only since August 15, 2005, Applicant's burden to show a substantial change should be based on Pierce County's MSF zoning. Both the Applicant and the City seek to justify the rezone on changes in the surrounding land uses. primary the neighboring Lakeland Hills development and its associated infrastructure, a community that the Applicant themselves developed. City asserts that the property was already anticipated to handle the expansion and proposed zoning; under the Comprehensive Plan amendments. Exhibit 1, Staff Report. page 4: Exhibit 3. Re_one Application. Testimony of Mr. Pilcher. 14. The City recommended, as a condition for approval of a rezone, that the Applicant enter into an amended agreement for the Lakeland Hills South development. The City staff representative testified that without this agreement, the City would not recommend approval. Applicant had no objection to this condition. Exhibit 1, Staff Report, page 5. Testimony of Mr. Pilcher; Testimony of Mr. llanburg. 15. An Environmental Impact Statement was done for the Lakeland Hills South PUD in 1991. The City of Auburn reviewed the environmental impacts identified in the Year 2004 Comprehensive Plan amendments, including the Lakeland Hills South PUD Map Amendment (SEP04-0025), and issued a Determination of Non -Significance (DNS) for the amendments. On July 12, 2005, after review of the request for rezone, the City issued an Addendum to the Final DNS for the Lakeland Hills South Comprehensive Plan map I Pierce County Code 18.25 states that "Moderate Density Single Family" are those areas designated for single- family or two-family dwellings. Multi -family housing, commercial or industrial uses are prohibited. Base density is 4 dwelling units per acre with specific densities based on land characteristics and the availability of urban services. 3 Pursuant to ACC 18.02.050, all property not zoned by the City prior to annexation will be assigned 'ahe zoning of R-1 upon annexation. Findings, Conclusions & Decision Hearings Examiner for the City of Auburn Lakeland Fast LLC Rezone'PUD Amendment Page 5 of I I amendment with no modifications to the Final DNS. Exhibit 1, Staff Report, page 4,- Exhibit :Exhibit 4, SEPA Addendum; Testimony of Mr. Pilcher. B. MAJOR AMENDMENT TO PLANNED UNIT DEVELOPMENT FINDINGS Lakeland Hills South, a Planned Unit Development District (PUD), was established by Pierce County's approval of the Lakeland Hills South Planned Development District. After annexation of the property into Auburn 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 standards while providing higher quality development and more public benefits. ACC 18.76.010; Ordinance 5092 (Afary 4. 1998). 2. 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 will increase 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. Lakeland Hills South contains approximately 685 acres and an expansion of 77 acres is greater than 10 percent. The Applicants request is a significant expansion of the acreage of the existing PUD and is a major amendment to the PUD. ACC 18.76.170; Exhibit 10, Ordinance 5x91 - Comprehensive Plan, Chapter 14, 3. 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. AC'C 18.76.020; Exhibit 1, Staff Report, page 3. 4. ACC 18.76 establishes an approval `process' for a major amendment. Prior to approval of a major amendment to a PUD, the Applicant must follow the application procedures set forth in ACC 18.76.090. ACC 18.76.090(B) identifies the required documents to be filed including a Major Amendment Application; Environmental Checklist; Conceptual Design of Public Facilities; and Site Plan. In order to receive approval, within the Applicant must demonstrate, with these documents, that the proposal achieves or is consistent, in whole or in part, with certain desired public benefits and expectations. Such benefits and expectations include preservation of natural amenities, development of pedestrian -orientated communities, efficient use of land, and consistency with the goals and policies of the comprehensive plan including parks, open spaces, and affordable housing. ACC 18.76 010; ACC 18.76.020; ACC 18.76.090. 5. In its rezone application, the Applicant states that the subject property "possesses topographical challenges and sensitive areas that make the land more suitable for development under the flexibility that a PUD affords." The Applicant further states that a Findings, Conclusions & Decision Hearings Examiner for the Cit) of Auburn Lakeland East LLC Rezone/PUD Amendment Page 6 of 1 I PUD zone would assist in achieving the "overall goals of the GMAHowever, ACC 18.76.020(A) provides that if there is no specific proposal, the major amendment shall establish the stated parameters to the extent possible. The Site Plan accompanying the rezone application generally described densities within the boundaries of the proposed expansion area but no other specific parameters as required by ACC 18.76.020(A). Staff stated that items, other than densities, will be determined through subsequent preliminary plats and/or site plan approvals. ACC 18.76.020: Exhibit 1. Staff Report, page 3: Exhibit 3, Rezone Application. 6. From all evidence of the record before the Hearing Examiner, there is no indication that an application for approval of a major amendment to the Lakeland Hills South PUD was filed. 7. An Environmental Impact Statement was done for the Lakeland Hills South PUD in 1991. The original boundaries and the 1991 EIS contemplated construction of approximately 3,408 residences, both single and multi -family, on 685 acres of land. Pursuant to the State Environmental Policy Act (SEPA), the City of Auburn was designated the lead agency for review of environmental impacts caused by Year 2004 Comprehensive Plan amendments, including the Lakeland Hills South PUD Map Amendment (SEP04-0025), issuing a Determination of Non -Significance (DNS). On .luly 12, 2005, after review of the request for rezone and major amendment to the PUD. the City issued an Addendum to the Final DNS for the Lakeland Hills South Comprehensive Plan map amendment. Exhibit 1, Staff Report, page #: Exhibit #, SEPA Addendum. 8. Ordinance 5891 adopted and approved the 2004 Comprehensive Plan Amendments as set forth in the documents and maps identified as "Exhibit A". Exhibit A, entitled "CPM# 1 a statement that those parcels presently outside of the [Lakeland Hills South] Special Plan Area are to be incorporated into the area. The amendment contained in Ordinance 5891 expressly limited the type of development allowed in the northernmost 20 -acres of the expansion area. The amendment further stated that conditions were to be followed during subsequent review of land use actions affecting the PUD expansion area. Text amendments to the Comprehensive Plan provided for the ability to increase the total number of units allowed in the PUD from 3,408 to 3,658. Construction of the existing Lakeland Hills development has not been able to accommodate the expected density and therefore both Staff and Applicant testified that it is unlikely that the greater number will be attained. Exhibit 1, Staff Report, Page 3: Exhibit 2: Exhibit 3, Ordinance 5891 - CPM#1 Proposed Comprehensive Plan Amendment and Chapter 14 text amendments, Testimony of Mr. Pilcher; Testimony of Mr. Ilanberg. 9. Following the public hearing requirements of ACC 18.68.040, a major amendment to a PUD is required to provide public notice 10 days prior to the public hearing. The notice provided in this matter only stated that a public hearing was being held on the rezone of the property and made no reference to the proposed major amendment to the PUD. Exhibit d. " Washington Growth Management Act, RCW 36.70A. Findings, Conclusions & Decision Hearings Examiner for the Cith of Auburn Lakeland East LLC Rezone/PUD Amendment Page 7 of I I CONCLUSIONS Jurisdiction: Pursuant to Auburn City Code 18.66, the Hearings Examiner is granted jurisdiction to hear and make recommendations to the City Council. Jurisdiction for the Hearings Examiner to make recommendations for an application for rezone is pursuant to Auburn City Code 18.68.030 and a major amendment to the Lakeland Hills South PUD is pursuant to Auburn City Code 18.76.130. Criteria for Review: Along with the requirements set forth by the Washington Supreme Courts, in order to approve a rezone, the Hearings Examiner must find that the following criteria, as set forth in Auburn City Code 18.68, are satisfied: 1. The rezone shall be consistent with the Comprehensive Plan. 2. The rezone was initiated by a party, other than the City, in order for the Hearing Examiner to hold a public hearing and consider the request. 3. Any change or modification to the rezone request made by the Hearing Examiner or the City Council will not result in a more intense zone than the one requested. In order to approve a Major Amendment to the Lakeland Hills South PUD, the Applicant must have satisfactorily demonstrated that the proposed PUD achieves or is consistent with, in whole or in part, desired public benefits and expectations. Pursuant to ACC 18.76.140. the proposal must demonstrate sufficient findings of facts to support: 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. 2. The proposal is in accordance with the goals, policies, and objectives of 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. 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. 5 Rezone must be based on a change in neighborhood conditions and bear a substantial relationship to the public health, safety, and general welfare. Findings, Conclusions & Decision Hearings Examiner for the City of Auburn Lakeland East LLC Rezone/PUD Amendment Page 8 of I I Conclusions Based on Findings: A. REZONE CONCLUSIONS 1. The rezone was initiated by the Applicant -Property Owner and not the City. Pursuant to ACC 18.68.030(B)(1), in order for the Hearing Examiner to hold a public hearing and consider a rezone request, the rezone must not be initiated by the City. The Applicant in this matter is the owner of the property subject to the rezone. Rezone Findings of Fact Nos. 1 and 2. 2. The rezone is consistent with the Comprehensive Plan. Ordinance 5891 amended the Comprehensive Plan, designating the Applicant's property as Moderate Density Residential - Lakeland Hills South Special Planning Area. The rezone to a PUD zoning district will allow for development which is consistent with the proposed zoning district. Rezone Findings of Fact Nos. 1, 6, 7, 8, 9, 12. and 13.. 3. Conditions in the area have substantially changed and the rezone bears a substantial relationship to the public health, safety, morals, or general welfare. In considering a rezone, the Applicant has the burden of proof in demonstrating that conditions have substantially changed since the original zoning and that the rezone bears a substantial relationship to the public health, safety, morals, or general welfare_ Parkridge v. Seattle, 89 Wn.2d 454; 573 P.2d 359 (1978). A variety of tactors may be utilized to satisfy a change in circumstances including changes in public opinion, local land use patterns, and on the property itself Bjarnson v. Kitsap County, 78 Wn. App. 840, 846; 899 P.2d 1290 (Div. 1, 1995). Both the Applicant and the City seek to justify the rezone based on changes in the surrounding land uses, primary the neighboring Lakeland Hills development and its associated infrastructure. However, a more effective argument is that a rezone which implements the City's Comprehensive Plan satisfies the burden of proof. Save Our Rural Environment v. Snohomish County, 99 Wn.2d 363, 370- 71; 662 P.2d 816 (1983). The proposed rezone implements policies of the City's Comprehensive Plan and therefore the required burden of showing a substantial change in circumstances was documented in the City's amendment to its Comprehensive Plan. Ordinance 5891 provides the justification for the rezone. Rezone Findings of Fact No.%. 7, 8, 9. 10, and 13. 4. The Hearing Examiner is not recommending any change or modification to the rezone request that will result in a more intense zone than the one requested by the Applicant. B. MAJOR AMENDMENT TO PLANNED UNIT DEVELOPMENT CONCLUSIONS Findings, Conclusions & Decision Hearings Examiner for the City of Auburn Lakeland East LLC Rezone/PUD Amendment Page 9 of I I Pursuant to ACC 18.76.020, the process for approval of major amendments to the Lakeland I lilts South PUD is a three-step process and is to be the same process as specified in ACC 18.68 - Amendments. While ACC 18.68 provides for process - public notice and hearing requirements - it does not alleviate the Applicant from complying with ACC 18.76.170(B) which mandates that major amendments "will be processed in the same manner as a new PUD application." Nor does ACC 18.68 alleviate the burden on the Applicant to submit the required documents as set forth in ACC 18.76.090 and demonstrate that the proposal achieves or is consistent with the desired public benefits and expectations provided for in ACC 18.76.010. Though the 2004 amendment to the Comprehensive Plan demonstrates that the development is consistent with the goals and policies of the Comprehensive Plan, the Applicant has not fulfilled all of the requirements set forth in ACC 18.76.010, 18.76.090, and 18.76.170. At the time this requirement has been complied with, the Hearing Examiner will be able to determine if the application for major amendment to a PUD satisfies the criteria set forth in ACC 18.76.140. Major Amendment Findings ofFact Nos. 2, 3, 4, 6, 7, 8, and 9. RECOMMENDATION Based upon the preceding Findings of Fact and Conclusions, the Hearing Examiner recommends to the Auburn City Council that the request for approval of a rezone of 77 acres from R-1 Single Family Residential to PUD be GRANTED, subject to the following conditions: 1. Future development within the project are shall require separate environmental (SF.PA) review and project conditioning, through the appropriate mechanism for the type of development proposed. 2. The northernmost portion of the project area, approximately 20 acres, that is adjacent to the established Lakeland Hills neighborhoods of "Evergreen" and " Ea.stpointe" shall be no more intense than the development standards of the Single Family Detached -5 Planning Area, as specified in ACC 18.76.060(B)(2). No development of "for rent," "semi-detached," or "attached" housing will be permitted. 3. The Applicant shall enter into an amended agreement for the Lakeland Hills South Development prior to the rezone becoming effective. Based upon the preceding Findings of Fact and Conclusions, the Hearing Examiner recommends to the Auburn City Council that the request for approval of a major amendment to the Lakeland Hills South PUD be DENIED. Applicant must submit an Application for PUD Major Amendment as provided for in ACC 18.76.090 and demonstrate, in whole or in part, that the proposed PUD achieves or is consistent with the public benefits and expectations set forth in ACC 18.76.010. Findings, Conclusions & Decision Hearings Examiner for the City of Auburn Lakeland East LLC Rezone/PUD Amendment Pate 10 of I I 2. After submittal of the required documentation, the City must schedule the application for a major amendment to the Lakeland Hills South PUD for public hearing and provide notice as required by ACC 18.68.040. Decided this day of August, 2005. Findings, Conclusions & Decision Hearings Examiner for the City of Auburn Lakeland East LLC Rezone/PUD Amendment Ji Driscollgs Examiner for the City of Aulburn Page 1 I of I I REQUEST FOR RECONSIDERATION Any party of record who feels the decision of the Examiner is based on error of procedure, fact or judgment, or the discovery of new evidence may file a written request for reconsideration with the Hearing Examiner no later than August 31, 2005. Reconsideration requests should be addressed to: Hearing Examiner, 25 West Main Street, Auburn, WA. 98001-4998. CITY COUNCIL ACTION This decision of the Hearing Examiner is a recommendation to the City Council and will be considered by the Council at their September 6, meeting. At the September 6, meeting the Council may either affirm the Examiner's recommendation, remand the decision back to the Examiner, or schedule a closed record public hearing.