HomeMy WebLinkAbout05-11-2006 ITEM VIII-A-5CITY OF_ M"
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Ordinance No. 6028 approving a Major Amendment to
Date:
Lakeland Hills South Planned Unit Development Final Development Plan
May 8, 2006
Department: Planning
Attachments: Please refer to Exhibit
Budget Impact: NA
Building and Community
List
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6028.
Background Summary:
OWNER/APPLICANT:
Jeffrey Mann, Apex Engineering, for Evergreen Tucci Partners
REQUEST:
Major Amendment to the Lakeland Hills South Planned Unit Development
Final Development Plan
LOCATION:
The Lakeland Hills South PUD is located south of the King/Pierce County
boundary, extending from generally North Lake Tapps Highway on the
east to the western bluff overlooking the East Valley Highway, and south to
southern city limits (south of Lake Tapps Parkway).
EXISTING ZONING:
Planned Unit Development District – Lakeland Hills South Special Plan
Area
EXISTING LAND USE:
Existing PUD and vacant lands yet to be developed
COMPREHENSIVE PLAN
DESIGNATION:
Mix of Single Family and Medium Density Residential, plus Public &
Quasi–Public (Lakeland Hills South Special Plan Area)
SEPA STATUS:
A SEPA addendum to original EIS prepared for the Lakeland Hills project
was issued on March 31, 2006.
L0511-6
03.4.2.1.1, 03.4.6
eviewed by qoyncil &
Committees:
eviewe y epartments ivisions:
Arts Commission COUNCIL COMMITTEES:
Building M&O
Airport
Finance
Cemetery Mayor
Hearing Examiner
Municipal Serv.
Finance Parks
Human Services
Planning & CD
E Fire Z Planning
Park Board
Public Works
Legal Police
LJ Planning Comm.
Other
Public Works Human Resources
Action:
Committee Approval:
YesNo
OYesHNo
Council Approval:
Call for Public Hearing
Referred to
Until
Tabled
Unfit— T T__
Councilmember: Norman
Staff: Krauss
Meeting Date: May 11, 2006 Item Number: VIII.A.5
AUBURN *MORE THAN YOU IMAGINED
Agenda Subject: Ordinance No. 6028 Date: May 8, 2006
EXHIBIT LIST
Exhibit 1 Staff Report
Exhibit 2 Letter of December 21, 2005 from Jeff Mann, Apex Engineering
Exhibit 3 "Lakeland P.U.D. Major Amendment to the Final Development Plan," prepared by Apex
Engineering and received 4/13/06
Exhibit 4 "Lakeland P.U.D. Final Development Plan," prepared by Apex Engineering, received
4/13/06
Exhibit 8 SEPA Addendum
Exhibit 9 Letter January 26, 2006 from Paul Krauss, Planning Director, re: Walker property
Exhibit 10 Letter of April 11, 2006 from Paul Krauss, Planning Director re: Sundemann property
Exhibit 11 Hearing Examiner's decision dated May 1, 2006
Exhibit 12 Ordinance No. 6028
FINDINGS OF FACT:
1. Jeff Mann, Apex Engineering, on behalf of Evergreen Tucci Partners (ETP), has requested a
Major Amendment to the Lakeland Hills South Planned Unit Development. The request is
intended to reflect changes to the overall development that have occurred since the last approved
plan of May 7, 2001.
2. The Major Amendment is being proposed to reflect the expansion of the P.U.D. onto lands
previously recognized by the City in the 2004 Comprehensive Plan amendment cycle. It also
includes two smaller parcels that ETP has acquired since that date. Finally, the amendments
incorporate the changing character of the overall Lakeland development in response to changing
market conditions.
3. ACC 18.76.170.A grants the Planning Director the authority to approve minor adjustments to the
approved PUD. The inclusion of the "Walker property" (2.52 acres contained within the proposed
"Lakeland East" preliminary plat) and the Sundemann property (0.85 acres) in the PUD have both
been approved by the Director pursuant to that authority. However, their formal designation in
terms of use/density within the PUD is reflected in the Final Development Plan under
consideration.
4. During the 2004 annual Comprehensive Plan amendment cycle, ETP sought and was granted an
amendment to the Comprehensive Plan Map to change the designation from Single Family
Residential to Medium Density Residential (Lakeland Hills Special Plan Area) for the majority of
the expanded PUD. During the 2005 amendment cycle, the Walker property was changed from
Single Family Residential to Medium Density Residential at the request of the Walkers. 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.
The Lakeland Hills Development began in the early 1990s 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 initial PUD boundaries. The applicant has agreed that even though the
area of the PUD has expanded, the total unit count will not exceed the 3408 dwelling units initially
approved for the overall project.
Page 2 of 5
Agenda Subject: Ordinance No. 6028 Date: May 8, 2006
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 remains less than the
number 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.
8. The amendments being proposed at this time consist of the following:
a. Amendment #1 — Delete School Site S-2 (8 acres) and add to Area 7 (Residential, 2-14
du/ac). The school district is no longer interested in this site.
b. Amendment #2 — Change of Area 7 from Single Family Residential to Moderate Density
Residential, 2-14 du/ac. This is consistent with the 2004 Comprehensive Plan
amendment.
c. Amendment #3 — Change Area 8 from Single Family Residential to Moderate Density
Residential, 2-14 du/ac. This is consistent with the 2004 Comprehensive Plan
amendment.
d. Amendment #4 — Change Area 9 from Single Family Residential to Moderate Density
Residential, 2-14 du/ac. This is consistent with the 2004 Comprehensive Plan
amendment.
e. Amendment #5 — Revise the Land Use Table to reflect the map changes.
f. Amendment #6 — Designate Area 16 as Moderate Density Residential, 2-14 du/ac. This
is consistent with the 2004 Comprehensive Plan amendment.
PUD Approval Process
9. ACC Chapter 18.76 specifies processes for both Minor and Major amendments to the Lakeland
Hills South PUD. 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 then makes a recommendation to
the City Council.
10. 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. The property has been previously rezoned. Approval of the Final
Development Plan as being requested will fulfill step #2.
11. 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)
12. The Final Development Plan establishes general densities for the remaining areas within the
PUD. 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. This is currently
occurring with the Lakeland East preliminary plat application.
13. On March 31, 2006, the SEPA Responsible Official issued an Addendum to the Final
Environmental Impact Statement for the Lakeland Hills South Mining & Reclamation Plan &
Planned Community Development.
Page 3 of 5
Agenda Subject: Ordinance No. 6028 Date: May 8, 2006
CONCLUSIONS:
ACC Chapter 18.76.140 establishes that findings of fact shall support the following criteria:
1. Adequate provisions are made for the public health, safety and general welfare and for open
spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes,
parks, playgrounds, or sites for schools.
The proposed Major Amendment will not affect the overall type of development occurring within the
Lakeland South PUD. As noted in #12 above, most of these issues will be addressed in greater detail
at the time specific development proposals are brought forth. The applicant continues to work with the
City on addressing overall traffic circulation, parks, drainage and sanitary sewer issues to serve newly
developing areas. Water is being provided by the City of Bonney Lake and is adequate to serve the
PUD. The City of Auburn collects school impact fees for area school districts to assist in meeting
educational needs. Finally, the City assesses both fire and traffic impact fees that are higher within
Lakeland than the remainder of the city.
2. The proposed Major Amendment to the PUD is in accordance with the goals, policies and
objectives of the Comprehensive Plan.
As noted, the Comprehensive Plan map has been amended to reflect the nature and intensity of
development anticipated to occur within this area.
3. The Major Amendment is consistent with the purpose of this chapter, Section 18.76.010,
provides for the public benefits required of the development of PUDs and does not result in
only increasing the number of units that would otherwise be attained through a development
using the existing zoning and subdivision standards.
The Major Amendment will reflect density amendments already approved by the City through the
Comprehensive Plan amendment process. Development standards within these areas will be
consistent with the character of development that has already taken place within Lakeland Hills.
4. The proposed Major Amendment to the PUD conforms to the general purposes of other
applicable policies or plans which have been adopted by the City Council.
The Major Amendment is consistent with the recent Comprehensive Plan amendments and the
overall Lakeland South PUD which has been accepted by the City Council.
5. The approval of the Major Amendment will have no more of an adverse impact upon the
surrounding area than the approved Lakeland Hills South PUD as shown on the Official
Lakeland Plan Map.
The intent of this amendment is to modify the "Official Lakeland Plan Map" (aka "Final Development
Plan"). There are two small parcels that will now be included within the overall Plan Map and if not
included, they would be entirely surrounded by the PUD. Their inclusion makes logical sense and
allows for a more consistent development pattern through the area. As noted, the overall number of
dwelling units allowed within the Lakeland South PUD will not expand beyond the previously
approved 3408. This means the proposals should have no greater adverse impact on the area.
Page 4 of 5
Agenda Subject: Ordinance No. 6028 Date: May 8, 2006
STAFF 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 Major Amendment to the Lakeland
Hills South PUD with the following conditions of approval:
1. Future developments within the PUD shall require individual environmental (SEPA) 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).
2. The applicant shall enter into an amended agreement for the Lakeland Hills South development
prior to the final development plan becoming effective.
Page 5 of 5
ORDINANCE NO. 6028
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING A
MAJOR AMENDMENT TO THE LAKELAND HILLS
SOUTH PLANNED UNIT DEVELOPMENT FINAL
DEVELOPMENT PLAN
WHEREAS, the City of Auburn received an application from Evergreen—
Tucci Partners to amend the Final Development Plan for the Lakeland Hills South
Planned Unit Development on December 21, 2005; and
WHEREAS, on March 21, 2006, the Hearing Examiner conducted a duly
noticed public hearing on the matter and on May 1, 2006, issued a decision
recommending the City Council approve the major amendment, subject to
conditions; and,
WHEREAS, final approval is appropriate for City Council action; and
WHEREAS, based on the review given this matter by the Hearing
Examiner, the City Council hereby makes and enters the following:
FINDINGS OF FACT
1. The Applicant requests a major amendment to an existing PUD, the
Lakeland Hills South PUD Final Development Plan. The Applicant seeks
to make six amendments to the PUD. Amendments include deletion of a
school site, changes from single-family residential to moderate density
residential, revisions to the land use table, and designation of recently
acquired property as moderate density residential.
2. Lakeland Hills South is a Planned Unit Development District (PUD) that
was established by Pierce County's approval of the Lakeland Hills South
Planned Development District. The PUD was accepted by the City as an
approved PUD in 1998. The purpose of a PUD is to offer enhanced
flexibility to develop a site through innovative and alternative development
standards while providing higher quality development and more public
benefits.
Ordinance No. 6028
May 11, 2006
Page 1
3. The Lakeland Hills PUD originally contained 685 acres, allowing for a total
of 3,408 dwelling units (du) within the PUD. In 2004-2005, the PUD was
amendment to allow for a total of 3,658 du. Since the original and
amended PUD approval, road systems, utility infrastructure, and parks
have been developed that are sufficient to support the anticipated density.
Currently, due to land and market conditions, it appears that the existing
PUD would not allow all the units allowed under Lakeland Hills PUD's
projections. Without a modification in density, the PUD would need
additional acreage in order to achieve the allowed residential density.
4. The development of Lakeland Hills is guided by a Final Development Plan
to which all plats must conform. This document has been amended
several times to reflect changes to proposed development including the
acquisition of additional acreage, infrastructure funding, and residential
density allocations.
5. The Applicant proposes six amendments:
a) Deletion of School Site S-2 (8 acres), addition of this site to
Area 7 (Residential 2-4 du/acre)
b) Modification of Area 7 from Single Family Residential (SFR) to
Moderate Density Residential (MDR), 2-14 du/acre
C) Modification of Area 8 from SFR to MDR 2-14 du/acre
d) Modification of Area from SFR to MDR 2-14 du/acre
e) Revision of the Land Use Table to reflect map changes
f) Designation of Area 16 as MDR 2-14 du/acre
6. The first proposed amendment seeks to delete an eight acre school site.
The site is located within the western portion of Area 7. According to the
Applicant, the Auburn School District determined that the site is too small
to suit their building needs. Deletion as a school site would transfer the
acreage to Area 7, making it available for residential development.
7. Proposed Amendments 2, 3, 4, and 6 seek to change the current land use
designation of Single Family Residential (SFR) to Moderate Density
Residential (MDR), 2-14 du/acre. Amendment 2 pertains to Area 7,
Amendment 3 to Area 8, Amendment 4 to Area 9, and Amendment 6 to
Area 16. The Applicant asserted that the change would allow densities
consistent with the site's Comprehensive Plan designation of Moderate
Density Residential.
8. The final proposed amendment seeks to revise the Land Use Table to
reflect the proposed changes.
9. Area 7 is located within the southeastern corner of the PUD. This area
has utilities, access from an arterial, and access to park facilities. The
Ordinance No. 6028
May 11, 2006
Page 2
change to MDR would benefit the community by maximizing the number of
units within the PUD and provide a mixture of residential densities and
types. Higher density is needed to develop the site given the steep
slopes and gas pipeline easement which bisects it. The MDR designation
would facilitate the City's Comprehensive Plan by providing a transition
from SFR to more intensive designations, such as the commercial area
located at the intersection of Lakeland Hills Way and Lake Tapps
Parkway.
10.Areas 8 and 9 are located within the northeastern portion of the PUD.
These areas have utilities, access to park facilities, and adequate arterial
access. The western edge of Area 8 abuts Area 4, which is designated as
MDR 2-14 du/acre, and a change to MDR would provide compatibility with
this adjacent land use. The site is buffered by a Bonneville Power
Association (BPA) easement and wetlands/wetlands buffers. The change
to MDR would benefit the community by fully utilizing properties served by
utilities and having access to parks and arterials. The MDR designation
would also serve to provide transition between surrounding SFR and the
higher intensity uses in the core of the Lakeland Hills PUD.
11. The designation of Area 16 as MDR would be consistent with the densities
of adjacent PUD areas and would allow a density which would accomplish
the goals and objectives of the PUD. Infrastructure improvements
developed within the PUD itself would provide beneficial services to Area
16. As with Areas 7, 8, and 9, the MDR designation would provide a
buffering between SFR and more intense uses. Such buffering is
appropriate along arterials and between commercial and SFR areas.
12.A Final Environmental Impact Statement (EIS) was issued for the
Lakeland Hills South PUD in 1992. On March 31, 2006, after review of
the requested amendments, the City issued an Addendum to the Final EIS
for the Lakeland Hills South PUD with no modifications to the Final EIS
mitigation measures.
13.The Applicant sought to include two recently acquired parcels within the
PUD. A 2.52 acre parcel of land labeled the 'Walker Parcel" (Pierce
County Tax Parcel 0520056015) and a 0.83 acre parcel of land labeled
the "Sundemann property" (Pierce County Tax Parcel 0520056036).
These parcels were not included within the original Lakeland Hills PUD.
Pursuant to ACC 18.76.170, the Planning Director has the authority to
approve `minor adjustments' to the Lakeland Hills South PUD.
Adjustments are minor if the do not affect permitted densities, change the
basic character or condition of the PUD, or increase/decrease the
perimeter boundaries by more than ten percent. The Walker and
Sundemann parcels account for less than ten percent of the overall
proposed plat and development, at the proposed density, would not
Ordinance No. 6028
May 11, 2006
Page 3
increase the permitted density. Based on these factors, on January 26,
2006, the Planning Director approved the minor adjustment, amending the
Lakeland Hills South PUD Agreement to reflect the inclusion of the Walker
Parcel and on April 22, 2006, the Planning Director approved the inclusion
of the Sundemann Parcel.
14. Notice of the public hearing was posted on the property on April 10, 2006.
Notice of the public hearing was mailed to all property owners located
within 300 feet of the affected site on April 10, 2006. Notice of the public
hearing was published in the King County Journal on April 7, 2006. The
notice provided in this matter erroneously stated that the property was
"generally located between 52nd street SE to the north ... "; the property is
located south of "62nd Street SE."
15. No public comment on the PUD major amendment was received in
advance of the hearing nor was public testimony presented at the hearing.
16.The major amendment to the Lakeland Hills South PUD Final
Development Plan and a preliminary plat for Lakeland Hills (PLT05-0006)
were consolidated into one proceeding at the public hearing.
17. Pursuant to ACC 18.76.170(6), a major amendment to a PUD is any
adjustment that is not defined as "minor" in ACC 18.76.170(A). A request
which would increase/decrease the perimeter boundaries of the planning
area as shown on the official plan map for the PUD by more than 10
percent is considered a major amendment as is an amendment which
would increase the overall density by more than 10 percent. The City
determined that the Applicant is requesting a major amendment to the
PUD because the amendment is intended to reflect the PUD's land
expansion recognized in the 2004 Comprehensive Plan updates,
subsequent land purchases, and changes to the overall character of the
PUD.
18.ACC 18.76.020 states that the approval process for a major amendment
to the Lakeland Hills South PUD requires 3 steps: (1) recommendation by
the hearing examiner and final approval of the major amendment by the
city council utilizing the rezone process specified in ACC 18.68; (2)
approval of a preliminary plat and/or site plan; (3) approval of the final plat
by the city council.
19.ACC 18.76.020(A) requires a major amendment to establish the land
uses, density, number and types of dwelling units, number and distribution
of lots/units, any modification of plat development standards, general
street layout, street right-of-way widths, whether streets are public or
private, the amount, type, and location of open space and park land,
phasing plans if any, and the responsibilities of the owner/developer. If
Ordinance No. 6028
May 11, 2006
Page 4
there is no specific proposal, the major amendment shall establish these
parameters to the extent possible. Although the Applicant has submitted
a preliminary plat application for some of the area involved in this
amendment (see PLT05-0006), no specific proposal is being presented.
Therefore, only land use and densities (residential 2 — 14 du/acre) is being
addressed at this time and all other items would be reviewed through plat
and/or site plan approval.
CONCLUSIONS OF LAW
1. The proposal contains adequate provisions for the public health,
safety, and general welfare and for open spaces, drainage ways,
streets, alleys, other public ways, water supplies, sanitary wastes,
parks, playgrounds, or sites for schools. Since the original and
amended PUD approval, road systems, utility infrastructure, and parks
have been developed that are sufficient to support the authorized number
of residential dwelling units. The proposed amendments will not affect
the overall type of development occurring within the PUD, only the
distribution within the PUD. Provisions for streets with sidewalks for
pedestrian safety, including safe walking for school children and payment
of school, traffic, and fire impact fees will be addressed at the time of plat
and/or site plan approval. The development will be served by City of
Bonney Lake water and City of Auburn sanitary sewer.
2. The proposal is in accordance with the goals, policies, and
objectives of the comprehensive plan. The proposed amendments
would be consistent with the goals, objectives, and policies of the City's
Comprehensive Plan. The intent of the amendments is to ensure
consistency between the PUD's Final Development Plan and the
Comprehensive Plan Map. The amendments would implement and
promote the Comprehensive Plan.
3. The proposed major amendment is consistent with the purpose of
ACC 18.76, provides for the public benefits required of the
development of PUDs and does not result in only increasing the
number of. units that would otherwise be attained through a
development using the existing zoning and subdivision standards.
The proposed major amendment reflects density allocations that were
approved by the Auburn City Council during the 2004-2005
Comprehensive Plan Amendment process. The change to MDR would
benefit the community by fully utilizing properties served by utilities and
having access to parks and arterials. The MDR designation would also
serve to provide transition between surrounding SFR and the higher
intensity uses in the core of the Lakeland Hills PUD. All development
within the PUD must be consistent with the Final Development Plan.
Ordinance No. 6028
May 11, 2006
Page 5
4. The proposed major amendment conforms to the general purposes
of other applicable policies or plans which have been adopted by the
City Council.
5. The approval will have no more of an adverse impact upon the
surrounding area than the approved Lakeland Hills South PUD as
shown on the official Lakeland plan map. The primary intent of the
major amendment is to modify the official Final Development Plan (or, the
Lakeland Plan Map). The amendments would include two small parcels of
land (less than 5 acres) that would be surrounding by the PUD if not
included. The amendments would not increase previously approved
density, so no greater impact is expected in the surrounding area. The
City conducted environmental review, and issued an Addendum to the
Final EIS with no modifications to mitigation measures.
NOW THEREFORE, Based on the foregoing Findings of Fact and
Conclusions, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Approval. The requested Major Amendment to the Lakeland
Hills South Planned Unit Development Final Development Plan, is hereby
approved, subject to conditions:
1. Future development within the PUD shall require individual environmental
review in accordance with Washington's State Environmental Policy Act
(SEPA), RCW 43.21C), and individual project conditioning. SEPA review
and project conditions will be through the appropriate mechanism for the
type of development proposed (i.e. preliminary plat, binding site plan).
2. The Applicant shall enter into an amended agreement for the Lakeland
Hills South PUD prior to the Revised Final Development Plan becoming
effective.
3. The legal description for the "Walker Parcel" and the "Sundemann Parcel"
shall be added as an addendum to the Final Development Plan for
Lakeland Hills PUD.
Section 2. Constitutionality or Invalidity. If any section, subsection
clause or phase of this Ordinance is for any reason held to be invalid or
unconstitutional such invalidity unconstitutionality shall not affect the validity or
Ordinance No. 6028
May 11, 2006
Page 6
ning portions of this Ordinance, as it is being hereby expressly declared that this
Ordinance and each section, subsection, sentence, clause and phrase hereof
would have been prepared, proposed adopted and approved and ratified
irrespective of the fact that nay one or more section, subsection, sentence,
clause or phase be declared invalid or unconstitutional.
Section 3. Upon the passage, approval and publication of this Ordinance
as provided by law, the City Clerk of the City of Auburn shall cause this
Ordinance to be recorded in the office of the Pierce County Auditor.
Section 4. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directives of this legislation.
Section 5. Effective Date. This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and publication, as
provided by law.
INTRODUCED:
PASSED:
APPROVED:
PETER B. LEWIS
MAYOR
Ordinance No. 6028
May 11, 2006
Page 1
ATTEST:
Danielle E. Daskam,
City Clerk
City Attorney
Ordinance No. 6028
May 11, 2006
Page 2
December 21, 2005
Mr. Steve Pilcher, Development Services Coordinator
City of Auburn
Department of Amning and Community Development
25 West Main
Auburn, Washington 98001-4998
Reference: Lakeland Master Planned Community - Major Amendment
File #26384/1
Dear Steve:
Please accept this letter as our application for a Major Amendment to the Lakeland .HilIs Planned
Development District. Please find attached a report, which outlines the amendments and
provides a description of each amendment. Also, please find a Major Amendment site plan,
which is the existing approved Final Development Plan with notes showing the proposed
amendments and also a proposed Final Development Plan, which reflects all the amendments if
approved.
Please note that most of the amendments will be an implementation of the 2003 and 2004
Comprehensive Plan Amendments, approved for Lakeland Areas 7, 8, 9 and 16.
Please give call me a call at (253) 473-4494 if there is additional information that needs to be
submitted with this application_
Sincerely,
J ey D. Mann
Project Manager
JDM/jlo
c: Evergreen Tucci Partners
Attn: Mr. Chris Huss
Attachments
RECEWD
DEC 2 2 2005
PLANNING DEPARTMENT
1:\LAKELAND-S01263841Docs-ReportsU)ocuments126384jdm Steve pikba hr 122105.doc r"IBIT 'Z-
2601 South 35th, Suite 200
TacomaNashington 98409
(253) 413-4494
fax (253) 413-0599
December 21, 2005
File #26384/0
0
LAKELAND MASTER PLANNED COMMUNITY
MAJOR AMENDMENT
Justification and Support for the Proposed Major Amendment
Why the major amendment is being proposed.
The Major Amendment is being proposed in order to reflect a number of planning changes for the
Lakeland Hills PUD, pursuant to the recent Comprehensive Plan amendments previously made
for the site. This Major Amendment completes the land use designation process for two
previously approved Comprehensive Plan Amendments. The first set of amendments changed the
designation of Areas 7, 8 and 9 to Moderate Density Residential and the second set designated
Area 16 as Moderate Density Residential as well as a portion of Area 7 that was missed in the
first set.
The Major Amendment to the PUD to perfect those comprehensive plan changes include.
Amendment No. 1:
Deletion of School S-2
Amendment No. 2:
Change of Area 7 to Residential 2 —14 du/ac.
Amendment No. 3:
Change of Area 8 to Residential 2 —14 du/ac.
Amendment No. 4:
Change of Area 9 to Residential 2 —14 du/ac.
Amendment No. 5:
Revised Land Use Table.
Amendment No. 6:
Designate Area 16 as Residential 2-14 du/ac
Justification and support for the Major Amendment
Amendment No. 1— School S-2
This amendment will delete the eight -acre school site in the westerly portion of Area 7, located
on the Sumner -Tapes Highway extension. This school site has been found to be too small for
building use by the School District.
Amendment No. 2 — Change of Area 7 to Residential 2 14 du/ac
The Comprehensive Plan has been amended from Single -Family Residential to Moderate Density
Residential. The PUD change would allow densities consistent with the new designation.
Amendment No. 3 — Change Area 8 to Residential 2 14 du/ac
The Comprehensive Plan has been amended from Single -Family Residential to Moderate Density
Residential. The PUD change would allow densities consistent with the new designation.
Amendment No. 4 — Change Area 9 to Residential 2 14 du/ac
RThe Comprehensive Plan has been amended from Single -Family Residential to Moderate Density
esidential. The PUD change would allow densities consistent with the new designation.
Amendment No. 5 — Revised Land Use Table
The Land Use Table would be revised to reflect the change of Areas 7, 8, and 9 to Residential 2 —
14 du/ac, the deletion of School S-2 and the addition of the school acreage to Area 7 and the
addition of Area 16.
Amendment No. 6 —Desi ate Area lb as Residential 2-14 du/ac
Area 16 was Previously annexed in to the City of Auburn, rezoned to the Lakeland Hills PUD
zone and designated as Moderate Density Single Family. This Major Amendment will implement
these actions by assigning the Residential 2 -14 du/ac PUD density designation.
VUkcland/26384/docs-reporwdocs jkhy02004
2
Justification:
Area 7 is located within a Planned Unit Development, has utilities, access from an arterial and
access to park facilities. These features would support a land use designation that would more
fully utilize the site. The change would benefit the community by maximizing the number of
units within the PUD, as well as the mixed residential density and types, which would be served
by utilities and parks and have adequate arterial access. Increasing the density in Area 7 will
allow the PUD to come closer to achieving the number of units planned.
The proposed designation would also further the Comprehensive Plan direction for Moderate
Density Single -Family to provide a transition from single-family residential areas to other more
intensive designations. Area 7 and the wetland .in Area 12 provide a transition to the more
intensive commercial area located at the intersection of Lakeland Hills Way and Lake Tapps
Parkway. Area 7 is similar to Area 10 of the PUD in that both are served by arterials and are
surrounded by Moderate Density Single -Family land use designation of the Pierce County
Comprehensive Plan and MSF or Moderate Density Single -Family zoning.
The site would be served by public utilities with water and sewer provided for from the system
within the Lakeland Hills South development. The Sumner/Tapps road extension would provide
a separation from land uses to the north and where Sumner Tapps extension swings to the south,
the new development would be located on both east and west sides of the roadway. The location
of the Moderate Density Residential designation along the Sumner/Tapps roadway extension is
consistent with the Comprehensive Plan's intention for higher densities to be served by arterials.
The Moderate Density designation will also allow for the higher density needed to develop the
site given the steep slope areas and pipeline and power line corridors, which divide the property.
Remaining areas outside slopes and corridors will be able to achieve the higher densities to make
up for the losses in these areas. The area is also buffered from the commercial access to the west
by the wetland and ravine.
ULalcehnW6U4/Docs-rpWdoes dnM2M4
3
July 3, 2003
File #26384/1
YEAR 2003 COMPREHENSIVE PLAN MAP AMENDMENT
JUSTIFICATION AND SUPPORT
FOR THE PROPOSED MAP AMENDMENT
A. Why the Comprehensive Plan Map Amendment is being Proposed?
The Comprehensive Plan Map amendment is being proposed in order to reflect the ongoing
development of the Lakeland Hills PUD, which is proposed to have 3,408 units within 648
acres. As development has occurred, a number of the area within the PUD have achieved
less units than allowed under the PUD density and therefore allowable units are being
transferred to the remaining planning areas. The proposed amendments will reflect the
following.
1. Modification of three planning areas, Area 7, 8 and 9 from Single -Family Residential to
Moderate Density Residential.
B. Justification and Support for the Proposed Map Amendment
1. Action/RMuest:
Change the comprehensive plan designation for Area 7 from Single -Family Residential to
Moderate -Density Residential.
Justification:.
Area 7 is located within a Planned Unit Development, has utilities, access from an arterial
and access to park facilities. These features would support a land use designation that
would more fully utilize the site. The change would benefit the community by
maximizing the number of units within the PUD, as well as the mixed residential density
and types, which would be served by utilities and parks and have adequate arterial access.
Increasing the density in Area 7 will allow the PUD to come closer to achieving the
number of units planned. Without the density increase, the PUD would need additional
area in order to achieve the 3,408 units allowed under the PUD.
The proposed designation would also further the Comprehensive Plan direction for
Moderate Density Single -Family to provide a transition from single-family residential
areas to other more intensive designations. Area 7 and the wetland in Area 12 provide a
transition to the more intensive commercial area located at the intersection of Lakeland
Hills Way and Lake Tapps Parkway. Area 7 is similar to Area 10 of the PUD in that both
are served by arterials and are surrounded by Moderate Density Single -Family land use
designation of the Pierce County Comprehensive Plan and MSF or Moderate Density
Single -Family zoning.
The site would be served by public utilities with water and sewer provided for from the
system within the Lakeland Hills South development. The Sumner/Tapps road extension
would provide a separation from land uses to the north and where Sumner Tapps
extension swings to the south, the new development would be located on both east and
west sides of the roadway. The location of the Moderate Density Residential designation
along the Sumner/Tapps roadway extension is consistent with the Comprehensive Plan's
intention for higher densities to be served by arterials.
The Moderate Density designation will also allow for the higher density needed to
develop the site given the steep slope areas and pipeline and power line corridors, which
divide the property. Remaining areas outside slopes and corridors will be able to achieve
the higher densities to make up for the losses in these areas. The area is also buffered
from the commercial access to the west by the wetland and ravine.
2. Action/R uest:
Change the land use designation in Areas 8 and 9 from Single -Family Residential to
Moderate -Family Residential.
Justification:
Areas 8 and 9 are not a stand-alone site and are within the Lakeland Hills South PUD and
will be served by public utilities, have access to park facilities and have adequate arterial
access.
The land uses to the north and west of Area 8 are similar to those areas, which abut the
easterly portion of Planning Area 4, which is designated as 2 to 14 dwelling units per
acre. Area 8 would provide the similar compatibility in land uses as Area 4 in
relationship to the surrounding Pierce County zoning and land uses. Toning in the areas
in Pierce County to the north and west and east of the site is Moderate Density Single-
family (MSF) zoning which would eventually increase the densities of these areas
providing additional compatibility with the proposed 2 to 14 units per acre for Area 8. It
should also be noted that between the Bonneville Power Association easement and to the
east and the wetland and buffer to the west provide natural buffers to the developable
Areas 6, 8 and 9. Area 8 and 9 are also provided access by an arterial, which is the
extension of the Lake Tapps Parkway East.
The changes would be beneficial to the community by fully utilizing properties that have
utilities, parks and arterial access available.
The changes would continue the use of the Moderate Density Residential as a transition
for surrounding Single -Family Residential designations and zoning to the higher intensity
uses in the core of the Lakeland Hills PUD.
Un6384/Docs-rpWdms dmo70303
0)
June 23, 2004
File #26384/0
YEAR 2004 COMPREHENSIVE PLAN MAP AMENDMENT
JUSTIFICATION AND SUPPORT
FOR THE PROPOSED MAP AMENDMENT
A. Why the Comprehensive Plan Map Amendment is being Proposed?
The Comprehensive Plan Map amendment is being proposed to reflect the ongoing development of
the Lakeland Hills PUD, which as approved is allowed 3,408 units within 648 acres.' As development
has occurred, a number of the areas within the PUD have achieved fewer units than allowed under the
approved PUD density and therefore allowable units are being transferred to the remaining planning
areas and to new areas adjacent to and to the east of the existing Lakeland Hills PUD. The
Comprehensive Plan Amendment would allow for additional acreage, approximately 77 acres, to be
incorporated into the Lakeland Hills PUD and to be shown on the Comprehensive Plan as Moderate
Density Residential, similar to the other residential designations within the PUD and adopt the special
plan area cross hatch as shown on Map 14.1 of the Comprehensive Plan. The proposed amendments
will reflect the following.
1. The addition of Planning Area 16 to the Lakeland Planned Unit Development with the Adopted
Special Plan Area cross hatch and modify the Comprehensive Plan Designation from Single -
Family Residential to Moderate Density Residential.
2. Modify the easterly portion of Area 7 which, due to a mapping error, was excluded from the
previous Comprehensive Plan Amendment, changing the designation in Area 7 from Single -
Family Residential to Moderate Density Residential.
B. Justification and Support for the Proposed Map Amendment
I. Action/Request
Change the land use designation in the new Area 16 from Single -Family Residential to Moderate
Family Residential and apply the Adopted Special Plan Area overlay indicating its inclusion
within the Lakeland PUD.
Justification:
The Lakeland Hills PUD was established with an original 685 acres allowing for a total of 3,408
dwelling units within the PUD. Since original approval of the PUD, road systems, utility
infrastructure and parks sufficient to accommodate 3,408 dwelling units have been developed.
As the PUD has developed, with a variety of product types and densities as dictated by market
conditions and as allowed by the PUD approval documents, density from planning areas has been
reallocated from time to time by Comprehensive Plan Major Amendments to the PUD to allow
for transfer of density from one planning are to others. At this point, it appears that land and
market conditions within the existing PUD will not allow all the units allowed under the 3,408
projected dwelling units of the Lakeland PUD. This proposed amendment provides the
opportunity to expand the PUD and to accommodate additional land within the area to utilize the
planning, utilities, storm drainage and park systems developed for the original PUD.
The justification for the change in Comprehensive Plan Designation from Single -Family
Residential to Moderate Density Residential is supported by the Comprehensive Plan and by prior
actions within the Lakeland PUD. In 2003, Areas 7, 8 and 9 were changed from Single -Family
Residential to Moderate Family Residential on the Comprehensive Plan. Areas 7, 8 and 9 are
located to the north and south and adjacent to Area 16. In addition, Area 4, which is currently
developed, was also designated for Moderate Density Residential, 2-14 dwelling units within the
PUD. The designation of Area 16 as Moderate Density Residential would be consistent with a
proposed Comprehensive Plan Designation and densities of adjacent PUD areas which essentially
surround the Area 16. The approval of the Moderate Density Designation would also allow this
area to have a density which would accomplish the goals and objectives of the PUD and be able
to benefit from the infrastructure improvements developed in the PUD itself.
The proposed designation would also be consistent with Land Use Policy LU34, identifying that
the siting of "moderate density units should be encouraged as a buffer between single-family
areas and more intense uses. Such buffering is appropriate along arterials where existing platting
prevents effective lot layout for single-family units. Also, such buffering is appropriate between
single-family areas and commercial and industrial areas. Where there are established single-
family areas, the design and siting of moderate density units shall be controlled to reduce
potential conflicts and to ensure buffering of uses. Higher density units are not to be'considered
to buffer." As with the approval of the Land Use Designation change for Areas 7, 8 and 9, Area
16 would continue the use of Moderate Density Residential as a transition from the single-family
designations within Pierce County to the east to the higher intensity uses in the core of -the
Lakeland Hills PUD. The area to the east in Pierce County is designated MSF, Moderate Density
Single -Family. In addition, physical features of the area would also provide additional transition
and buffer between the Moderate Density Single -Family and Pierce County zoned areas.
Specifically, the Bonneville Power Line proceeding north -south through this area would provide
a definition of the easterly boundary of portions of Area 16 as well as the north-west pipeline
corporation corridor would also identify some buffer and transition, particularly on the southern
end of proposed Planning Area 16.
The site would be served by public utilities with Bonney Lake water and City of Auburn sanitary
sewer provided for from the systems within the Lakeland Hills South development. The
Sumner/Tapps Road extension and the easterly extension of the Lake Tapps Parkway would both
provide for arterial access to serve the proposed Planning Area 16. The location of the Moderate
Density Residential Designation along these arterials is consistent with the Comprehensive Plan's
intention for higher densities to be served by arterials.
The proposed Moderate Density Residential designation of Planning Area 16 would allow for the
full development and buildout of the intended number of units within the Lakeland PUD and with
the additional acreage would also allow for the implementation of a Major Amendment to the
PUD and the allowance for some additional residential units based on the additional acreage
being added to the PUD. Appropriate environmental review of any additional acreage and lots
added to the PUD would also be done as part of the Major Amendment to the PUD. Overall
densities within the PUD will be slightly lower than intended for the overall PUD due to the
addition of acreage to the PUD. Final density and unit number counts would be developed as part
of the Major Amendment to the PUD.
2. Action/Request:
Change the comprehensive plan designation for Area 7 from Single -Family Residential to
Moderate -Density Residential.
K
CITY OF
* K Peter B. Lewis, Mctyor
WASHINGTON 25 West Main Sheet * Aubum WA 98001-4998 * www.aubumwa.goy * 2-_931-3000
* MEMORANDUM *
TO: Interested Parties
FROM: Paul Krauss, AIC<X-
SEPA Responsible Official
Director, Planning, Building and Community Department
DATE: March 31, 2006
RE: Notice of Addendum to Final Environmental Impact Statement for Lakeland
Hills South Mining & Reclamation Plan & Planned Community Development
Lakeland East Preliminary Plat
Current File Nos. PLT05-0006, SEP05-0042
Please find enclosed a copy of an addendum to the Final EIS issued for the Referenced Project
in compliance with the requirements of WAC -197-11-625.
If you have any questions regarding this process or document, please contact Stacey Borland,
Planner, at 253-876-1905 or via e-mail at (sborland@aubumwa.gov).
AUBURN * MORE THAN YOU IMAGINED
CITY OF
�.��NPeter B. Lewis, wls, Mayor
WASHINGTON 25 West Main Sheet * Auburn WA 98001-4998 * www.aUbumwa.
90V * 253-931-3000
LAKELAND EAST PRELIMINARY PLAT
Addendum to Final Environmental Impact Statement
ISSUING AGENCY: City of Auburn, Planning, Building and Community Department
25 West Main
Auburn, Washington 98001-4998
DATE OF ISSUANCE: March 31, 2006
DESCRIPTION OF CURRENT PROPOSAL: Preliminary Plat approval for "Lakeland East," a 143 lot,
single-family residential subdivision of an approx. 62.06 acre site. A Major Amendment to the Lakeland
Hills South Planned Unit Development District and plat modifications to standard requirements has also
been requested.
PROPONENT: Apex Engineering on behalf of Lakeland East LLC
LOCATION: The proposal is generally located between 62nd StreetSE to the north, Oki Man Thomas
Road to the west and Sumner Tapps Hwy East to the south. The site is within Section 5, Township 20
North, Range 5 East, Willamette Meridian. The site parcel numbers are 0520052034, 0520052035,
0520052036,0520052037,0520053028,0520053052,0520053053,0520056014,0520056015,
0520056017, and 0520056022.
REASON FOR ISSUING ADDENDUM: The Proposed Lakeland Hills South Mining & Reclamation
Plan & Planned Community Development FEIS was issued in July 1992. The current proposal is for
development of a plat within the Lakeland Hills South Planned Unit Development (PUD).
The City of Auburn_ Comprehensive Plan contains a section on the Lakeland Hills South Special
Planning Area. A provision in the plan states,
"In considering expansion to the PUD, the City established provisions and conditions to be
followed during subsequent review of land use actions affecting the PUD expansion area.
These include:
2. The rezone and any related applications shall demonstrate that the northernmost
approximately 20 -acres adjacent to and contiguous with the Lakeland Hills South PUD
neighborhoods of Evergreen and Eastpointe shall not be developed as "for rent", "semi-
detached" or "attached" housing products so that the existing single family residential
character can transition to and be extended into the subject parcels. Development
within this northerly 20 acres shall be restricted to utilizing the development standards
no more intense than "Single Family Detached (SFD-5)" provisions of ACC Chapter
18.76."
The preliminary plat of Lakeland East consists of single family lots which will utilize the SFD-5
development standards within the northernmost approximately 20 -acres contiguous to the Eastpointe
neighborhood, which is consistent with this Comprehensive plan policy provision.
AUBURN * MORE THAN YOU IMAGINED
An updated wetland report has been prepared; "Lakeland East Wetland and Stream Analysis Report."
Prepared by B-12 Wetland Consulting, Inc. Dated March 17,
details two Category If wetlands, Wetlands "B" and "C", and one Category III wetland, . The results of the Wetland `F"o q
previous report was prepared for the construction of Lake Tapps Parkway; "Final Wetland Report for
the Proposed Lake Tapps Parkway East Roadway Extension & New Intersection CRP 5434 Pierce
County, Washington." Prepared by CH2M Hill & Celeste Botha Wetlands Ecology. Revised April 8,
1997, identified Wetland "S". The 2006 wetland report concludes that the area which had previously
been classified as Wetland "S" located on the north side of Lake Tapps Parkway SE west of Wetland
"C" is no longer considered a wetland; instead it is a non -wetland depressional area.
A Major Amendment to the Lakeland Hills South Planned Unit Development District has been
requested, which requires submittal of an environmental checklist. The overall number of units will not
increase beyond the original 3,408. The Lakeland East preliminary plat is within an area recently
annexed into the City of Auburn and subsequently rezoned to PUD and designated as Moderate
Density Single Family. Component 6 of the Major Amendment will implement these actions by
assigning the Residential 2-14 du/ac PUD density designation.
The Major Amendment to the PUD includes:
Amendment No. 1:
Deletion of School S-2
Amendment No. 2:
Change of Area 7 to Residential 2-14 du/ac
Amendment No. 3:
Change of Area 8 to Residential 2-14 du/ac
Amendment No. 4:
Change of Area 9 to Residential 2-14 du/ac
Amendment No. 5:
Revised Land Use Table
Amendment No. 6:
Designate Area 16 as Residential 2-14 du/ac
The current proposals have been determined to fall within the scope of the original FEIS.
MODIFICATIONS TO FEIS MITIGATION MEASURES: None proposed
LEAD AGENCY: City of Auburn.
RESPONSIBLE OFFICIAL: Paul M. Krauss, Director of Planning, Building & Community
CONTACT PERSON: Stacey Borland, Planner, (253) 876-1905
CITY OF
Aij,"mURN
WASHINGTON
January 26, 2006
Lakeland East LLC
c% Sean Martin
1302 Puyallup Street
Sumner, WA 98390
Apex Engineering PLLC
c% Jeffrey Mann
2601 South 35" Street, Suite 200
Tacoma, WA 98409
Peter B. Lewis, Mayor
25 West Man Street * Aubum WA 98001 4998 * www .aubumwe.
90v * 253-931-3000
Re: Zoning Code Interpretation for Environmental Checklist Ile No. SEPOS-0042)
family detached lots.
and Preliminary Plat ��� applications to subdivide 62.06 acres into 143 single
Dear Mr. Martin and Mr. Mann:
This letter is in response to your request for a zoning code interpretation regarding a portion
of the Lakeland East Preliminary Plat known as the "Walker" parcel (#0520056015). The
property contains an existing single-family residence, is zoned Rl Single Family Residential,
and has a comprehensive plan designation of Moderate Density Residential. According to the
preliminary plat drawing, approximately 14 lots are proposed within this area, none which
comply with the dimensional requirements of the RI zone.
Since this property was not under your control when you applied for an amendment to the
City's Comprehensive Plan and subsequent expansion of the Lakeland Hills South PUD zone
district, this parcel is not covered by the "Lakeland Hills South Special Plan Area" identified
on the City of Auburn's Comprehensive Plan map. Although the comprehensive plan
designation was changed in the 2005 amendment cycle from Single Family Residential to
Moderate Density Residential (MDR), it was not incorporated into the Special Plan Area.
While the MDR designation would support a rezone to R3, it appears that zone designation
would not allow you to pursue the plat as intended.
Auburn City Code (ACC) section 18.76.170.A grants the Planning Director the authority to
approve minor adjustments to the approved Lakeland Hills South PUD. Minor adjustments
are defined as "changes that do not affect permitted densities within a planning area, basic
character or conditions of the approved PUD or planning area. Adjustments are considered
minor so long as they do not increase or decrease the perimeter boundaries of a planning area
as shown on the official Lakeland Plan Map by more than 10'/0."
The property in question is approximately 2.52 acres in size, 4% of the overall size of the
proposed plat of Lakeland East. The request will therefore not increase the perimeter of the
EXHIBIT„
AUBURN* MORE THAN YOU IMAGINED
planning area (planning area 8) by more than 10•/0. The Lakeland East plat is proposed to be
developed at a density of 2-14 units per acre pursuant to the SFD-5 development standards;
this request will not increase the permitted density within the planning area.
ACC 18.76.170.0 states that any increase in the total permitted dwelling units above 3,408
shall require a rezone. Last fall, the City entered into an agreement with the Lakeland Hills
South maintaining this overall dwelling unit count for the expanded Lakeland Hills South
PUD. It will be necessary to amend the agreement to include this parcel; that can occur as a
condition of preliminary plat approval.
Based upon the above factors, it is my interpretation that the request to include the ,Walker ,
Property within the Lakeland Hills South PUD and the Lakeland East preliminary plat can be
considered to be a Minor Adjustment to the approved PUD. Further, it is my decision to
approve the proposed Minor Adjustment, subject to the condition that the Lakeland Hills
South Agreement be amended to reflect the inclusion of this property.
This letter constitutes an official administrative interpretation of the zoning code in
accordance with ACC section 18.02.040. Should you disagree with this interpretation,
administrative interpretations may be appealed to the Hearing Examiner as prescribed in ACC
section 18.70.050 (enclosed) within 14 days of the mailing of this decision, or February 10,
2006.
If you have any further questions please feel free to contact Stacey Borland of my staff at 253-
876-1905 or by a -mail at sborland@aubumwa.gov
Sincerely,
Paul Krauss, AICP
Planning and Community Development Director
Enclosure: ACC section 18.70.050
cc: Interpretation File
CITY 0 F
1 V
WASHINGTON
Peter B. Lewis, Mayor
25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-30o0
April 11, 2006
Lakeland East LLC
c/o Sean Martin
1302 Puyallup Street
Sumner, WA 98390
Apex Engineering PLLC
c/o Jeffrey Mann
2601 South 350' Street, Suite 200
Tacoma, WA 98409
Re: Zoning Code Interpretation for proposed inclusion of Sundemann property into
Lakeland Hills South PUD
Dear Mr. Martin and Mr. Mann:
This letter is in response to your request for a zoning code interpretation regarding a parcel
of land in the Lakeland area known as the "Sundemann" property (#0520053036). In 2004,
City of Auburn Comprehensive Plan was amended to include the property in the Lakeland
Hills South Special Plan area and also designate it Moderate Density Residential. The
property was subsequently included within the "Tucci—Polygon Annexation" effected by
Ordinance 5932, adopted July 27, 2005.
Since that time, this property has come under your control and you now desire to include it
as part of the Lakeland Hills Final Development Plan.
Auburn City Code (ACC) section 18.76.170.A grants the Planning Director the authority to
approve minor adjustments to the approved Lakeland Hills South. PUD. Minor adjustments
are defined as "changes that do not affect permitted densities within a planning area, basic
character or conditions of the approved PUD or planning area. Adjustments are considered
minor so long as they do not increase or decrease the perimeter boundaries of a planning
area as shown on the official Lakeland Plan Map by more than 10%."
The property in question is approximately 0.83 acres in size and will therefore not increase
the area of the PUD by more than 10%. Future development will occur consistent with the
Lakeland Hills South PUD and the Final Development Plan.
ACC 18.76.170.0 states that any increase in the total permitted dwelling units for Lakeland
Hills South above 3,408 units, shall require a rezone. Last fall, the City entered into an
agreement with Lakeland Hills South maintaining this overall dwelling unit count for the
expanded Lakeland Hills South PUD. It will be necessary to amend the agreement to include
this parcel; that can occur as a condition of final development plan approval.
Based upon the above factors, it is my interpretation that the request to include the
"Sundemann° property within the Lakeland Hills South PUD Final Development Plan can be
considered to be a Minor Adjustment to the approved PUD. Further, it is my decision to
EXHIBIT 1z)
AUBURN * MORE THAN YOU IMAGINED
approve the proposed Minor Adjustment, subject to the condition that the Lakeland Hills
South Agreement be amended to reflect the inclusion of this property.
This letter constitutes an official administrative interpretation of the zoning code in
accordance with ACC section 18.02.040. Should you disagree with this interpretation,
administrative interpretations may be appealed to the Hearing Examiner as prescribed in
ACC section 18.70.050 (enclosed) within 14 days of the mailing of this decision, or April 25,
2006.
If you have any further questions please feel free to contact Steve Pilcher of my staff at 253-
804-3111 or by e-mail at spilcher@aubumwa.gov
rely
Paul Krauss, A1CP
Director, Planning, Building and Community
cc: Interpretation File
EXHIBIT 11
BEFORE THE HEARINGS EXAMINER
FOR THE CITY OF AUBURN
In the Matter of the Application of
EVERGREEN TUCCI PARTNERS, )
By Apex Engineering )
for Approval of a Major Amendment to )
the Lakeland Hills South Planned Unit )
Development )
FILE NO. 26384/1
FINDINGS, CONCLUSIONS,
AND RECOMMENDATION
The Hearing Examiner for the City of Auburn recommends to the Auburn City Council
that a request for a Major Amendment to the existing Lakeland Hills South Planned Unit
Development be APPROVED.
SUMMARY OF RECORD
Request:
Evergreen Tucci Partners, through its agent Apex Engineering, requests approval of a
Major Amendment to the Lakeland Hills South Planned Unit Development. The
requested amendment reflects six changes to the Lakeland Hills South overall
development plan. The subject property is located generally east of Old Man Thomas
Road, south of 62°d Street SE, and north of Lake Tapps Parkway, 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.
Hearin:
An open record hearing on the request was held before the Hearings Examiner for the
City of Auburn on April 18, 2006.
Testimony:
At the open record hearing the following individuals presented testimony under oath
1. Steve Pilcher, Planner, City of Auburn
2. Stacey Borland, Planner, City of Auburn
3. Jeffrey Mann, Project Manager, Apex Engineering, Applicant's Representative
4. Sean Martin, Investco Financial Services — Managing Partner of Lakeland Hills
LLC
Findings, Conclusions & Recommendation
Hearings Examiner for the City ofAuburn
Evergreen Tucci Partners — Major Amendment Lakeland Hills PUD
Page 1 of 9
Exhibits:
At the open record hearing the following exhibits were admitted as part of the official
record:
1. Staff Report, dated April 13, 2006
2. Correspondence from Apex Engineering to City of Auburn, dated December 21,
2005 RE: Major Amendment Application with Narrative for Justification and
Support of Proposed Major Amendment
3. Final Development Plan Map — Lakeland PUD (1 sheet)
4. Final Development Plan Map — Lakeland PUD (1 sheet)
5. Notice of Public Hearing
6. Affidavit of Mailing of Legal Notice
7. Confirmation of Publication of Legal Notice
8. Addendum to Final Environment Impact Statement for Lakeland Hills, issued
March 31, 2006
9. Correspondence from City of Auburn to Applicant, dated January 26, 2006 RE:
Zoning Code Interpretation
10. Correspondence from City of Auburn to Applicant, dated April 11, 2006 RE:
Zoning Code Interpretation
Upon consideration of the testimony and exhibits admitted at the open record hearing, the
Hearing Examiner enters the following Findings and Conclusions:
FINDINGS
1. The Applicant requests a major amendment to an existing PUD, the Lakeland
Hills South PUD Final Development Plan. The Applicant seeks to make six
amendments to the PUD. Amendments include deletion of a school site, changes
from single-family residential to moderate density residential, revisions to the
land use table, and designation of recently acquired property as moderate density
residential. Exhibit 1, Staff Report, Pages 1-2; Testimony of Pilcher.
2. Lakeland Hills South is a Planned Unit Development District (PUD) that was
established by Pierce County's approval of the Lakeland Hills South Planned
Development District. The PUD was accepted by the City as an approved PUD in
1998. The purpose of a PUD is to offer enhanced flexibility to develop a site
through innovative and alternative development standards while providing higher
quality development and more public benefits. ACC 18.76.010; Ordinance 5092
(May 4, 1998); Exhibit 1, Staff Report, Page 2.
3. The Lakeland Hills PUD originally contained 685 acres, allowing for a total of
3,408 dwelling units (du) within the PUD. In 2004-2005, the PUD was
Findings, Conclusions & Recommendation
Hearings Examiner for the City of Auburn
Evergreen Tucci Partners — Major Amendment Lakeland Hills PUD
Page 2 of 9
amendment to allow for a total of 3,658 du. Since the original and amended PUD
approval, road systems, utility infrastructure, and parks have been developed that
are sufficient to support the anticipated density. Currently, due to land and
market conditions, it appears that the existing PUD would not allow all the units
allowed under Lakeland Hills PUD's projections. Without a modification in
density, the PUD would need additional acreage in order to achieve the allowed
residential density. Exhibit 1, Staff Report, Page 2; Exhibit 2, Major Amendment
Narrative.
4. The development of Lakeland Hills is guided by a Final Development Plan to
which all plats must conform. This document has been amended several times to
reflect changes to proposed development including the acquisition of additional
acreage, infrastructure funding, and residential density allocations. Testimony of
Martin.
5. The Applicant proposes six amendments:
a) Deletion of School Site S-2 (8 acres), addition of this site to Area 7
(Residential 2-4 du/acre)
b) Modification of Area 7 from Single Family Residential (SFR) to
Moderate Density Residential (MDR), 2-14 du/acre
c) Modification of Area 8 from SFR to MDR 2-14 du/acre
d) Modification of Area from SFR to MDR 2-14 du/acre
e) Revision of the Land Use Table to reflect map changes
f) Designation of Area 16 as MDR 2-14 du/acre
Exhibit 1, Staff Report, Page 3; Exhibit 2, Major Amendment Request; Testimony
of Pilcher.
6. The first proposed amendment seeks to delete an eight acre school site. The site
is located within the western portion of Area 7. According to the Applicant, the
Auburn School District determined that the site is too small to suit their building
needs. Deletion as a school site would transfer the acreage to Area 7, making it
available for residential development. Exhibit 2, Amendment Application
Narrative,
7. Proposed Amendments 2, 3, 4, and 6 seek to change the current land use
designation of Single Family Residential (SFR) to Moderate Density Residential
(MDR), 2-14 du/acre. Amendment 2 pertains to Area 7, Amendment 3 to Area 8,
Amendment 4 to Area 9, and Amendment 6 to Area 16. The Applicant asserted
that the change would allow densities consistent with the site's Comprehensive
Plan designation of Moderate Density Residential. Exhibit 2, Amendment
Application Narrative; Exhibit 3, Major Amendment Map.
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Hearings Examiner for the City ofAuburn
Evergreen Tucci Partners — Major Amendment Lakeland Hills PUD
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8. The final proposed amendment seeks to revise the Land Use Table to reflect the
proposed changes. Exhibit 2, Amendment Application Narrative.
9. Area 7 is located within the southeastern corner of the PUD. This area has
utilities, access from an arterial, and access to park facilities. The change to MDR
would benefit the community by maximizing the number of units within the PUD
and provide a mixture of residential densities and types. Higher density is
needed to develop the site given the steep slopes and gas pipeline easement which
bisects it. The MDR designation would facilitate the City's Comprehensive Plan
by providing a transition from SFR to more intensive designations, such as the
commercial area located at the intersection of Lakeland Hills Way and Lake
Tapps Parkway. Exhibit 2, Amendment Application Narrative; Exhibit 3, Major
Amendment Map.
10. Areas 8 and 9 are located within the northeastern portion of the PUD. These areas
have utilities, access to park facilities, and adequate arterial access. The western
edge of Area 8 abuts Area 4, which is designated as MDR 2-14 du/acre, and a
change to MDR would provide compatibility with this adjacent land use. The
site is buffered by a Bonneville Power Association (BPA) easement and
wetlands/wetlands buffers. The change to MDR would benefit the community by
fully utilizing properties served by utilities and having access to parks and
arterials. The MDR designation would also serve to provide transition between
surrounding SFR and the higher intensity uses in the core of the Lakeland Hills
PUD. Exhibit 2, Amendment Application Narrative; Exhibit 3, Major Amendment
Map.
11. The designation of Area 16 as MDR would be consistent with the densities of
adjacent PUD areas and would allow a density which would accomplish the goals
and objectives of the PUD. Infrastructure improvements developed within the
PUD itself would provide beneficial services to Area 16. As with Areas 7, 8, and
9, the MDR designation would provide a buffering between SFR and more
intense uses. Such buffering is appropriate along arterials and between
commercial and SFR areas. Exhibit 2, Amendment Application Narrative; Exhibit
3, Major Amendment Map.
12. A Final Environmental Impact Statement (EIS) was issued for the Lakeland Hills
South PUD in 1992. On March 31, 2006, after review of the requested
amendments, the City issued an Addendum to the Final EIS for the Lakeland Hills
South PUD with no modifications to the Final EIS mitigation measures. Exhibit
1, Staff Report, Page 6; Exhibit 8, Addendum to Final EIS.
13. The Applicant sought to include two recently acquired parcels within the PUD.
A 2.52 acre parcel of land labeled the "Walker Parcel" (Pierce County Tax Parcel
0520056015) and a 0.83 acre parcel of land labeled the "Sundemann property"
Findings, Conclusions & Recommendation
Hearings Examiner for the City of Auburn
Evergreen Tucci Partners — Major Amendment Lakeland Hills PUD
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(Pierce County Tax Parcel 0520056036). These parcels were not included within
the original Lakeland Hills PUD. Pursuant to ACC 18.76.170, the Planning
Director has the authority to approve `minor adjustments' to the Lakeland Hills
South PUD. Adjustments are minor if the do not affect permitted densities,
change the basic character or condition of the PUD, or increase/decrease the
perimeter boundaries by more than ten percent. The Walker and Sundemann
parcels account for less than ten percent of the overall proposed plat and
development, at the proposed density, would not increase the permitted density.
Based on these factors, on January 26, 2006, the Planning Director approved the
minor adjustment, amending the Lakeland Hills South PUD Agreement to reflect
the inclusion of the Walker Parcel and on April 22, 2006, the Planning Director
approved the inclusion of the Sundemann Parcel. Exhibit 1, Staff Report, Page 2;
Exhibits 9 and 10, Director's Approval of Minor Adjustment; Testimony of
Pilcher.
14. Notice of the public hearing was posted on the property on April 10, 2006.
Notice of the public hearing was mailed to all property owners located within 300
feet of the affected site on April 10, 2006. Notice of the public hearing was
published in the King County Journal on April 7, 2006. The notice provided in
this matter erroneously stated that the property was "generally located between
52nd street SE to the north ..."; the property is located south of "62nd Street SE."
Exhibits 5, 6, and 7.
15. No public comment on the PUD major amendment was received in advance of the
hearing nor was public testimony presented at the hearing.
16. The major amendment to the Lakeland Hills South PUD Final Development Plan
and a preliminary plat for Lakeland Hills (PLT05-0006) were consolidated into
one proceeding at the public hearing.
17. Pursuant to ACC 18.76.170(B), a major amendment to a PUD is any adjustment
that is not defined as "minor" in ACC 18.76.170(A). A request which would
increase/decrease the perimeter boundaries of the planning area as shown on the
official plan map for the PUD by more than 10 percent is considered a major
amendment as is an amendment which would increase the overall density by more
than 10 percent. The City determined that the Applicant is requesting a major
amendment to the PUD because the amendment is intended to reflect the PUD's
land expansion recognized in the 2004 Comprehensive Plan updates, subsequent
land purchases, and changes to the overall character of the PUD. ACC 18.76.170;
Exhibit 1, Staff Report, Page 2.
18. ACC 18.76.020 states that the approval process for a major amendment to the
Lakeland Hills South PUD requires 3 steps: (1) recommendation by the hearing
examiner and final approval of the major amendment by the city council utilizing
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Hearings Examiner for the City of Auburn
Evergreen Tucci Partners — Major Amendment Lakeland Hills PUD
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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. ACC 18.76.020;
Exhibit 1, Staff Report, page 3.
19. ACC 18.76.020(A) requires a major amendment to establish the land uses,
density, number and types of dwelling units, number and distribution of lots/units,
any modification of plat development standards, general street layout, street right-
of-way widths, whether streets are public or private, the amount, type, and
location of open space and park land, phasing plans if any, and the responsibilities
of the owner/developer. If there is no specific proposal, the major amendment
shall establish these parameters to the extent possible. Although the Applicant
has submitted a preliminary plat application for some of the area involved in this
amendment (see PLT05-0006), no specific proposal is being presented.
Therefore, only land use and densities (residential 2 — 14 du/acre) is being
addressed at this time and all other items would be reviewed through plat and/or
site plan approval. ACC 18.76.020; Exhibit 1, Staff Report, page 3.
CONCLUSIONS
Jurisdiction
Pursuant to Auburn City Code (ACC) 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 a major amendment to the Lakeland
Hills South PUD is pursuant to ACC 18.76.130.
Criteria for Review
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.
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Hearings Examiner for the City of Auburn
Evergreen Tucci Partners — Major Amendment Lakeland Hills PUD
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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.
Conclusions based on Findings
1. The proposal contains adequate provisions for the public health, safety, and
general welfare and for open spaces, drainage ways, streets, alleys, other
public ways, water supplies, sanitary wastes, parks, playgrounds, or sites for
schools. Since the original and amended PUD approval, road systems, utility
infrastructure, and parks have been developed that are sufficient to support the
authorized number of residential dwelling units. The proposed amendments will
not affect the overall type of development occurring within the PUD, only the
distribution within the PUD. Provisions for streets with sidewalks for pedestrian
safety, including safe walking for school children and payment of school, traffic,
and fire impact fees will be addressed at the time of plat and/or site plan approval.
The development will be served by City of Bonney Lake water and City of
Auburn sanitary sewer. Findings of Fact Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and
19.
2. The proposal is in accordance with the goals, policies, and objectives of the
comprehensive plan. The proposed amendments would be consistent with the
goals, objectives, and policies of the City's Comprehensive Plan. The intent of
the amendments is to ensure consistency between the PUD's Final Development
Plan and the Comprehensive Plan Map. The amendments would implement and
promote the Comprehensive Plan. Findings of Fact Nos. 5, 6, 7, 8, 9, 10, and 11..
3. The proposed major amendment is consistent with the purpose of ACC
18.76, provides for the public benefits required of the development of PUDs
and does not result in only increasing the number of units that would
otherwise be attained through a development using the existing zoning and
subdivision standards. The proposed major amendment reflects density
allocations that were approved by the Auburn City Council during the 2004-2005
Comprehensive Plan Amendment process. The change to MDR would benefit the
community by fully utilizing properties served by utilities and having access to
parks and arterials. The MDR designation would also serve to provide transition
between surrounding SFR and the higher intensity uses in the core of the
Lakeland Hills PUD. All development within the PUD must be consistent with
the Final Development Plan. Findings of Facts Nos. 4, 8, 9, 10, 11, 12, and 13.
4. The proposed major amendment conforms to the general purposes of other
applicable policies or plans which have been adopted by the City Council.
Findings of Fact Nos. 2, 3, 4, 13, 14, 16, 17, 18, and 19.
Findings, Conclusions & Recommendation
Hearings Examiner for the City of Auburn
Evergreen Tucci Partners - Major Amendment Lakeland Hills PUD
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5. The approval will have no more of an adverse impact upon the surrounding
area than the approved Lakeland Hills South PUD as shown on the official
Lakeland plan map. The primary intent of the major amendment is to modify
the official Final Development Plan (or, the Lakeland Plan Map). The
amendments would include two small parcels of land (less than 5 acres) that
would be surrounding by the PUD if not included. The amendments would not
increase previously approved density, so no greater impact is expected in the
surrounding area. The City conducted environmental review, and issued an
Addendum to the Final EIS with no modifications to mitigation measures.
Findings of Fact Nos. 1, S, 6, 7, 8, 9, 10, 11, and 12.
RECOMMENDATION
Based upon the preceding Findings of Fact and Conclusions, the Hearing Examiner
recommends to the Auburn City Council that the following major amendments to the
Final Development Plan of the Lakeland Planned Unit Development be APPROVED,
subject to conditions set forth below:
Approved Amendments:
a) Deletion of School Site S-2 (8 acres) and addition of this site to Area 7
b) Modification of Area 7 from Single Family Residential (SFR) to Moderate
Density Residential (MDR), 2-14 du/acre
c) Modification of Area 8 from SFR to MDR 2-14 du/acre
d) Modification of Area from SFR to MDR 2-14 du/acre
e) Revision of the Land Use Table to reflect map changes
f) Designation of Area 16 as MDR 2-14 du/acre
Conditions of Approval:
1. Future development within the PUD shall require individual environmental
review in accordance with Washington's State Environmental Policy Act (SEPA),
RCW 43.21C), and individual project conditioning. SEPA review and project
conditions will be through the appropriate mechanism for the type of development
proposed (i.e. preliminary plat, binding site plan).
2. The Applicant shall enter into an amended agreement for the Lakeland Hills
South PUD prior to the Revised Final Development Plan becoming effective.
3. The legal description for the "Walker Parcel" and the "Sundemann Parcel" shall
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Evergreen Tucci Partners — Major Amendment Lakeland Hills PUD
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4. be added as an addendum to the Final Development Plan for Lakeland Hills PUD.
Decided this day of May 2006
DRISCOLL & HUNTER
Hearing Examiners for the City of Auburn
By:
THEODORE PAUL HUNTER
Findings, Conclusions & Recommendation
Hearings Examiner for the City of Auburn
Evergreen Tucci Partners — Major Amendment Lakeland Hills PUD
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