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HomeMy WebLinkAboutITEM VIII-A-2 AUC[TY OF B-.u,RN AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Ordinance No. 6175 "Lakeland Commons II" Major Date: May 5, 2008 Amendment to the Lakeland Hills South Planned Unit Development Final Development Plan. Department of Planning, Building & Community Application No. (MIS08-0005). Department: Planning, Attachments: Ordinance No. 6175 Budget Impact: N/A Building, & Community Please refer to Exhibit List Administrative Recommendation: City Council introduce and adopt Ordinance No. 6175 (which affirms the Hearing Examiner's recommendation). Background Summary: On March 19, 2008 the Hearing Examiner held a public hearing regarding a request by Jeff Mann of Apex Engineering, representing Investco Financial Corporation for a Major Amendment to the Lakeland Hills South Planned Unit Development boundary. The request involved incorporation of approximately 3.79 acres into the PUD. Associated with this request to amend the PUD boundary, the applicant is proposing to rezone this planning area to Lakeland South PUD/Light Commercial. The site is located south of the intersection of Lake Tapps Parkway East and Lakeland Hills Way SE across from the Lakeland Commons commercial development. The address is 1406 167th Avenue E and is identified by Pierce County Tax Parcels #0520053023, 3022, 3024, and 3018. On April 15, 2008 the Hearing Examiner issued a recommendation to City Council for approval of the Major Amendment to the Lakeland Hills South Planned Unit Development Final Development Plan subject to the following conditions; 03.6 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ? Arts Commission COUNCIL COMMITTEES: E Building ? M&O ? Airport ? Finance ? Cemetery ? Mayor ? Hearing Examiner ? Municipal Serv. ? Finance E Parks ? Human Services ? Planning & CD E Fire E Planning ? Park Board ?Public Works ? Legal ? Police ? Planning Comm. ? Other E Public Works ? Human Resources ? Information Services Action: Committee Approval: ?Yes ?No Council Approval: ?Yes ?No Call for Public Hearing Referred to Until Tabled Until Councilmember: Norman Staff: Baker Meeting Date: May 5, 2008 Item Number: VIII.A.2 AUBURN * MORE THAN You IMAGINED Agenda Subject: Ordinance No. 6175 "Lakeland Commons II" Major Date: May 5, 2008 Amendment to the Lakeland Hills South Planned Unit Development Final Development Plan. Department of Planning, Building & Community Application No. (MIS08-0005) 1. Future development within the project area shall require separate environmental (SEPA) review to assess the potential environmental impacts and determine appropriate project conditioning, based on the specific development proposal. 2. In order to meet the intent of the City's adopted Comprehensive Transportation Plan and provide roadway access which meets city standards to properties east of the subject site, the applicant/owner shall dedicate a minimum of 15 feet of right of way along the south property line of the rezone site. This right-of-way dedication shall extend east from Lakeland Hills Way to the eastern boundary of the site. This future roadway shall be labeled accordingly on the Final Development Plan Map consistent with the Comprehensive Plan. 3. For this Major Amendment to become effective, the applicant/owner shall receive concurrent approval for the REZ08-0001 Lakeland Hills South PUD Rezone to change the underlying zoning of the subject site from residential to commercial. If the proposed Rezone is denied, this Major Amendment request shall also be denied. In accordance with ACC 18.66.170, the City Council upon its review of the record, may: 1. Affirm the Hearing Examiner recommendation; 2. Remand the recommendation to the Hearing Examiner; or 3. Schedule a closed record public hearing before the City Council. Page 2 of 3 Agenda Subject: Ordinance No. 6175 "Lakeland Commons II" Major Date: May 5, 2008 Amendment to the Lakeland Hills South Planned Unit Development Final Development Plan. Department of Planning, Building & Community Application No. (MIS08-0005) List of Exhibits Exhibit 1 Staff Report, dated 3-19-08 Exhibit 2 Letter of June 14, 2007, from Jeff Mann, Apex Engineering, w/attached "Lakeland Master Planned Community Major Amendment" statement Exhibit 3 Final Development Plan Major Amendment map exhibit received 2/1/2008 Exhibit 4 Final Determination of Non-Significance dated 9/4/2007** Exhibit 5 SEPA Checklist** Exhibit 6 Affidavit of publication of public notice** Exhibit 7 Aerial Photograph Proposed Site Exhibit 8 City of Auburn Functional Roadways Classifications (Fig. 2-1)** ** = Exhibit is not included in the packet but is available for review upon request. Page 3 of 3 ORDINANCE NO. 6175 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING A MAJOR AMENDMENT TO THE LAKELAND HILLS SOUTH PLANNED UNIT DEVELOPMENT (PUD) FINAL DEVELOPMENT PLAN WHEREAS, Application No. MIS08-0005, dated February 1, 2008, was submitted to the City of Auburn, Washington, by Investco Financial Corporation, for approval of a Major Amendment to the Lakeland Hills South Planned Unit Development (PUD) boundary to incorporate approximately 3.79 acres into the PUD as light commercial; and WHEREAS, the site is located southeast of the intersection of Lake Tapps Parkway East, and Lakeland Hills Way SE and the address is 1406 167th Avenue E; and WHEREAS, on March 19, 2008, the Hearing Examiner conducted a duly noticed public hearing on the matter and on April 15, 2008, issued a decision recommending the City Council approve the major amendment, subject to three conditions based on the following Findings of Fact and Conclusions, to-wit: FINDINGS OF FACT Procedural: 1. Applicant. The applicant is Investco Financial Corporation. 2. Hearing. The Hearing Examiner conducted a hearing on the application at 5:30 p.m. at Auburn City Hall in the Council Chambers on March 19, 2008. The record was held open until April 2, 2008. The Hearing Examiner agreed to keep the record open until March 26, 2008 for staff to respond to Exhibit 11, and until April 2, 2008 for the applicant and Mr. Gordon to reply and comment, respectively, to staff's response. Substantive: 3. Site/Proposal Description. A. Background. The applicant requests a "Major Amendment" to the Lakeland Hills South Planned Unit Development boundary. A Major Amendment is Ordinance No. 6175 April 30, 2008 Page 1 subject to the review process of Chapter 18.76 ACC. The application qualifies as a major amendment because it increases the acreage permitted for light commercial development. During the 2007 annual Comprehensive Plan amendment cycle, the applicant sought and was granted an amendment to the Comprehensive Plan Map to change the designation of areas within the PUD (Lakeland Hills Special Plan Area) from Single Family Residential to Light Commercial. The applicant has submitted a rezone application for affected parcels involved in this major amendment request for concurrent review. Preliminary plat, site plat or a combination of both will follow. B. Requested Amendment. The proposed amendments are all incorporated into the Final Development Plan admitted as Exhibit 3. The amendments incorporated into Exhibit 3 are summarized as follows: (1) Addition of 3.79 acre Area 12a to the Final Development Plan. (2) Revisions in the Land Use table and overall area of the PUD. 4. Characteristics of the Area. The change involved in the instant Major Amendment is located in Area 12a. The area surrounding Area 12a within the City of Auburn are zoned single and multi family residential and commercial. A wetland buffer also borders Area 12a to the northeast. 5. Adverse Impacts. It is unlikely that the amendment will create any significant adverse impact. A SEPA Determination of Nonsignificance was issued for the amendment. Furthermore as noted above, the Comprehensive Plan was recently amended to permit the instant amendment by the applicant. CONCLUSIONS OF LAW Procedural: 1. Authority of Hearing Examiner. ACC 18.76.130 requires the hearing examiner to conduct public hearings on major amendments to planned unit developments and to make recommendations on the amendments to the City Council. Substantive: 2. Zoning Designation. Single Family Residential - Approval of recommendation to the City Council to rezone to Light Commercial pending. Ordinance No. 6175 April 30, 2008 Page 2 3. Review Criteria and Application. ACC 18.76.170 requires a property owner to apply for a Major Amendment if the owner seeks to increase the acreage permitted for light commercial development within a planned unit development by more than 10%. As noted in the Findings of Fact, the subject amendment proposes an addition of a 3.79 acre Area 12a to the Final Development Plan - an addition of more than 10% of light commercial development. ACC 18.76.140 governs the criteria for Major Amendments. Relevant criteria are quoted below with corresponding conclusions of law. ACC 18.76.140(A): Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, or sites for schools. 4. The adequacy of infrastructure at this level of review is assessed in terms of the anticipated capacity of facilities. More specific infrastructure needs will be addressed at site plan and other subsequent development review. At this stage of project review, the applicant has provided sufficient information to verify the ability to adequately serve this new area. Staff has concluded that the area will be served by adequate sanitary sewer and stormwater facilities. The City of Bonney Lake has capacity to provide water. As a commercial development, the amendment should have no impact on schools, parks or playgrounds. The transportation needs of the project are addressed by the staff's recommendation that the applicant dedicate property for a street connector designated for the area in the City's Comprehensive Plan. Initially, the applicant objected to a dedication and requested a reservation of land as an alternative. See Exhibit 11. After reviewing staff's response to applicant's objection, however, applicant accepted staff's recommendation for the dedication. See Exhibits 12 and 13. The Examiner construes applicant's acceptance as a waiver of any objection to the dedication requirement. The validity of the condition requiring dedication, having been mutually agreed upon by both applicant and staff, will not addressed by the Examiner as a result. The conditions of approval for this application, in conjunction with approvals for subsequent permit review such as site plan review, will ensure that the project is consistent with the public health, safety and general welfare. There is nothing in the record that suggests the project will create adverse impacts that are not otherwise adequately addressed by the City's development standards. ACC 18.76.140(8): The proposed Major Amendment to the PUD is in accordance with the goals, policies and objectives of the Comprehensive Plan. 5. The proposed development of this area will remain consistent with the Comprehensive Plan. During the 2007 annual Comprehensive Plan amendment cycle, the applicant sought and was granted an amendment to the Comprehensive Plan Map to change the designation of the affected area from Single Family Residential to Light Commercial (Lakeland Hills Special Plan Area). The area proposed to be included within the Lakeland Hills PUD is near existing urban services and infrastructure. The Comprehensive Plan supports the core development of vacant or underdeveloped properties that further limits urban sprawl on the edges of the planning area. As indicated by the applicant, the Lakeland Hills South PUD has a continued need for Ordinance No. 6175 April 30, 2008 Page 3 expanded neighborhood commercial services that can be accommodated under this proposal. ACC 18.76.140(C): The Major Amendment is consistent with the purpose of this chapter, ACC 18.76.010, provides for the public benefits required of the development of PUDs and does not result in only increasing the number of units that would otherwise be attained through a development using the existing zoning and subdivision standards. ACC 18.76.010 provides as follows: ACC 18.76.010 Purpose. The comprehensive plan provides the Lakeland Hills South special area plan is intended to be consistent with the conditions of approval of the Lakeland Hills South PDD (Pierce County Hearings Examiner Case No. Z15-901UP9-70) as amended. The conditions of approval which remain applicable are attached to Ordinance No. 5092 as Exhibit A and incorporated herein by reference. Auburn has accepted the Lakeland Hills South PUD as an approved PUD. Therefore, this purpose section shall apply to minor and major amendments to the Lakeland Hills South PUD. The purpose of a planned unit development (PUD) district is to offer enhanced flexibility to develop a site through innovative and alternative development standards. A PUD district also allows for a greater range of residential development scenarios, provides for internal transfers of density, and may result in more dwelling units than may be realized by using the existing development standards. In exchange for this enhanced flexibility, the city will require the PUD to result in a significantly higher quality development, generate more public benefit and be a more sensitive proposal than would have been the case with the use of standard zoning or subdivision procedures. In order for a PUD to be approved it will be the applicant's responsibility to demonstrate, to the city's satisfaction, that the proposed PUD achieves or is consistent with the following desired public benefits and expectations in whole or in part. A. Preservation of Natural Amenities. Preservation of desirable site characteristics such as open spaces and the protection of sensitive environmental features including steep slopes, rivers, creeks, wetlands, lakes and scenic views. B. Pedestrian-Oriented Communities. Use of traffic management and design techniques to reduce traffic congestion and increase the potential use of alternative modes of travel such as mass transit, pedestrian and bicycle traffic. Ordinance No. 6175 April 30, 2008 Page 4 C. Land Use Efficiencies. Provide efficient and effective use of land, open space and public facilities that result in lower development cost and make housing more affordable. D. Implementation of the Comprehensive Plan. Provide development that is consistent with the goals and policies of the comprehensive plan. PUDs may also allow for a small amount of development from other comprehensive plan designations if determined to be appropriate for the PUD and its surroundings. E. Enhanced Design Features. Provide building and structural designs that complement surrounding land uses and their environment. Design standards should reflect quality site planning, landscaping and building architecture. F. Creation of Public Amenities. Enhance parks and open spaces consistent with the comprehensive park plan and nonmotorized plan. G. Affordable Housing. Provide affordable housing options in accordance with Auburn's comprehensive plan. 6. The amendments do not change densities approved by the City through the Comprehensive Plan process. Development standards within these areas will be consistent with the character of development that has already taken place within Lakeland Hills and as required in Chapter 18.76 ACC. As a commercial development, this amendment will not increase the number of dwelling units allowed within the PUD. No significant adverse environmental impact is anticipated or suggested in the record. ACC 18.76.140(D): The proposed Major Amendment to the PUD conforms to the general purposes of other applicable policies or plans which have been adopted by the City Council. 7. As noted previously, the amendments are consistent with the Auburn Comprehensive Plan and the overall Lakeland South PUD, which have been adopted and accepted by the City Council, respectively. ACC 18.76.140(E): The approval of the Major Amendment will have no more adverse impact upon the surrounding area than the approved Lakeland Hills South PUD as shown on the Official Lakeland Plan Map. 8. The intent of this amendment is to modify the Official Lakeland Plan Map ("Final Development Plan"). As noted above, the amendment will not increase the number of dwelling units or density beyond what is currently approved. Furthermore, subsequent developments on the site will be required to meet all applicable codes and regulations, including mitigation of any then anticipated environmental impacts. Ordinance No. 6175 April 30, 2008 Page 5 RECOMMENDATION Based upon the application and Findings of Fact and Conclusions of Law, the Hearing Examiner recommends approval of the Major Amendment MIS08-0005 subject to the following conditions: 1. Future development within the project area shall require separate environmental (SEPA) review to assess the potential environmental impacts and determine appropriate project conditioning, based on the specific development proposal. 2. In order to meet the intent of the City's adopted Comprehensive Transportation Plan and provide roadway access which meets city standards to properties east of the subject site, the applicant/owner shall dedicate a minimum of 15 feet of right of way along the south property line of the rezone site. This right-of-way dedication shall extend east from Lakeland Hills Way to the eastern boundary of the site. This future roadway shall be labeled accordingly on the Final Development Plan Map consistent with the Comprehensive Plan. 3. For this Major Amendment to become effective, the applicant/owner shall receive concurrent approval for the REZ08-0001 Lakeland Hills South PUD Rezone to change the underlying zoning of the subject site from residential to commercial. If the proposed Rezone is denied, this Major Amendment request shall also be denied. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Approval. A Major Amendment to the to the Lakeland Hills South Planned Unit Development Final Development Plan is hereby APPROVED based upon the Hearing Examiner's Findings of Fact, Conclusions and Recommendation to amend the existing PUD boundary to incorporate approximately 3.79 acres into the PUD for future designation as light commercial, located at 1406 167th Avenue E (Pierce County Parcels 0520053023, 0520053022, 0520053024, 0520053018) identified in Exhibit "A" attached hereto and incorporated by reference, subject to the following conditions: Condition 1. Future development within the project area shall require separate environmental (SEPA) review to assess the potential environmental impacts and determine appropriate project conditioning, based on the specific development proposal. Condition 2. In order to meet the intent of the City's adopted Comprehensive Transportation Plan and provide roadway access which meets city standards to properties east of the subject site, the applicant/owner shall dedicate a minimum of 15 Ordinance No. 6175 April 30, 2008 Page 6 feet of right of way along the south property line of the rezone site. This right-of-way dedication shall extend east from Lakeland Hills Way to the eastern boundary of the site. This future roadway shall be labeled accordingly on the Final Development Plan Map consistent with the Comprehensive Plan. Condition 3. For this Major Amendment to become effective, the applicant/owner shall receive concurrent approval for the REZ08-0001 Lakeland Hills South PUD Rezone to change the underlying zoning of the subject site from residential to commercial. If the proposed Rezone is denied, this Major Amendment request shall also be denied. Section 2. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 3. Recording. Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this Ordinance to be recorded in the office of the King County Auditor. Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 5. Effective Date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication, as provided by law. Ordinance No. 6175 April 30, 2008 Page 7 INTRODUCED: PASSED: ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid City Attorney PUBLISHED: Ordinance No. 6175 April 30, 2008 Page 8 APPROVED: PETER B. LEWIS MAYOR EXHIBIT A Pierce County Tax Parcel No. 0520053023 Section 05 Township 20 Range 05 Quarter 33: BEG AT A PT ON W LI OF SEC 570.85 FT N OF SW COR OF SW OF SEC TH N TO NW COR OF S 1/2 OF SW OF SW TH E 300 FT TH S TO A PT E OF POB TH W 300 FT TO BEG SEG F 5702 Pierce County Tax Parcel No. 0520053022 Section 05 Township 20 Range 05 Quarter 33: COM AT SW COR OF SEC TH N 00 DEG 05 MIN E ALG W LI OF SD SEC 392.51 FT TO POB TH CONT N 00 DEG 05 MIN E 178.34 FTTH N85DEG50MIN E 300 FT TH S 00 DEG 05 MIN W 89.17 FT TH S 85 DEG 50 MIN W 165 FT TH S 00 DEG 05 MIN W 89.17 FT TH S 85 DEG 50 MIN W 135 FT TO POB SEG F 5702 Pierce County Tax Parcel No. 0520053022 Section 05 Township 20 Range 05 Quarter 33: COM AT SW COR OF SEC TH N 00 DEG 05 MIN E ALG W LI OF SD SEC 392.51 FT TO POB TH CONT N 00 DEG 05 MIN E 178.34 FTTH N85DEG50MIN E 300 FT TH S 00 DEG 05 MIN W 89.17 FT TH S 85 DEG 50 MIN W 165 FT TH S 00 DEG 05 MIN W 89.17 FT TH S 85 DEG 50 MIN W 135 FT TO POB SEG F 5702 Pierce County Tax Parcel No. 0520053024 Section 05 Township 20 Range 05 Quarter 33: COM AT SW COR OF SEC TH N 00 DEG 05 MIN E ALG W LI OF SEC 392.51 FT TH N 85 DEG 50 MIN E 135 FT TO POB TH N 00 DEG 05 MIN E 89.17 FT TH N 85 DEG 50 MIN E 165 FT TH S 00 DEG 05 MIN E 89.17 FT TH S 85 DEG 50 MIN W 165 FT TO POB SEG F 5702 Pierce County Tax Parcel No. 0520053018 Section 05 Township 20 Range 05 Quarter 33: S 1/2 OF FOLL DESC PROP BEG AT A PT 125 FT N OF SW COR OF SEC TH N 535 FT TH E 300 FT TH S 535 FT TH W 300 FT TO BEG SUBJ TO EASEMENT Ordinance No. 6175 April 30, 2008 Page 9 AUBURN \%'ASII IN(; ION AGENDA BILL APPROVAL FORM ?t Agenda Subject (MIS08-0005) Major Amendment to the Lakeland Hills r Date: South Planned Unit Development Final Development Plan 3/19/2008 Department: Planning Attachments: Please refer to Exhibit Budget Impact: NA List Administrative Recommendation: Staff recommends the Hearing Examiner recommend the City Council approve the requested amendment to the Final Development Plan based upon the Findings of Fact, Conclusions and Conditions as noted. Backqround Summary: OWNER/APPLICANT: Jeffrey Mann. Apex Engineering, for Investco Financial Corporation REQUEST: Major Amendment to the Lakeland Hills South Planned Unit Development Final Development Plan LOCATION: The site is located south of the intersection of Lake Tapps Parkway East, and Lakeland Hills Way SE across from the Lakeland Commons commercial development. The address is 1406 1671h Avenue E and is identified by Pierce County Tax Parcels #0520053023 3022 3024 and , , , 3018 EXISTING ZONING: Single Family Residential (Pending Approval of Associated Rezone to Planned Unit Development District - Lakeland Hills South Special Plan Area). COMPREHENSIVE PLAN DESIGNATION: Light Commercial (Lakeland Hills South Special Plan Area) I SEPA STATUS: A Determination of Non-Significance (SEP07-0012) was issued on September 4, 2007 for this proposed Major PUD Amendment and Rezone. i 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 A roval: HY H pp es No Call for Public Hearing Referred to Until Tabled Until % / Councilmember: Staff: Hankins - Meeting Date: March 19, 2008 ---- -? Item Number: X AUBURN NAORI I iAlN YOU IMAM; NLA-) Agenda Su_Iect MIS08-6005. Major Amendment to Lakeland Hills Date: South Planned Unit Development Final Development-PI-an- 3/19/2008 EXHIBIT LIST Exhibit 1 Staff Report Exhibit 2 Letter of June 14, 2007, from Jeff Mann, Apex Engineering, w/attached "Lakeland Master Planned Community Major Amendment" statement Exhibit 3 Final Development Plan Major Amendment map exhibit received 2/1/2008 Exhibit 4 Final Determination of Non-Significance dated 9/4/2008 Exhibit 5 SEPA Checklist Exhibit 6 Affidavit of publication of public notice Exhibit 7 Aerial Photograph Proposed Site Exhibit 8 City of Auburn Functional Roadways Classifications (Fig. 2-1) FINDINGS OF FACT: 1. Jeff Mann, Apex Engineering, on behalf of Investco Financial Corporation, has requested a Major Amendment to the Lakeland Hills South Planned Unit Development boundary to incorporate approximately 3.79 acres into the PUD as light commercial. Since the proposed change to the existing PUD boundary increases the acreage permitted for light commercial development, the request must be processed as a Major Amendment to the PUD per 18.76.170.D.3. 2. The proposed major amendment to the PUD consists of the following: a. Amendment #1 - Addition of the 3,79 acre Area 12A to the Final Development Plan. b. Amendment #2 - Revisions in the Land Use table and overall area of the PUD. 3. During the 2007 annual Comprehensive Plan amendment cycle, the applicant sought and was granted an amendment to the Comprehensive Plan Map to change the designation from Single Family Residential to Light Commercial (Lakeland Hills Special Plan Area). This request became effective by the Auburn City Council passing Ordinance #6138. 4. 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). 5. The City of Auburn Comprehensive Transportation Plan Figure 2-1 indicates that a public collector street should be developed through the existing Planning Area 16D, and this proposed area 12a, from Sumner-Tapps Highway on the north to the intersection of Sumner-Tapps Highway and 16Th St. E. The location of this public street is intended to provide access to multiple parcels including those east of this site under consideration for a rezone. 6. 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. 7. The Major Amendment process is a multi-step process. The first step is to rezone the property to the PUD classification. The applicant/owner has submitted a request to rezone the four parcels involved in this major amendment request (REZ08-0001). The second step is the approval of a preliminary plat, a site plan, or combination of both. The applicant/owner will submit a site development plan associated with this amendment request. Page 2 of 4 Agenda Subject MIS08-0005. Major Amendment to Lakeland Hills Date South Planned Unit Development Final Development Plan 3/19/2008 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." 9. On September 4, 2007. the SEPA Responsible Official issued a Final Determination of Nonsignificance (DNS) for the Lakeland South Comprehensive Plan Map amendment, Rezone, and Major PUD Amendment (File No. SEP07-0012). It was determined that the proposed Major PUD Amendment and Rezone would not have a significant adverse environmental impact. No comments were received. 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, but will basically include an additional 3.79 acres for commercial development. The issues associated with providing service to these areas will be addressed in greater detail at the time specific development proposals are brought forth through the site plan review process. However, the applicant was required to provide sufficient information for staff to verify the ability to adequately serve this new area with sanitary sewer service and stormwater systems. Water is provided by the City of Bonney Lake and is adequate to serve this new area of the PUD. City staff has reviewed this information and concluded the new area 12a can be adequately served. Also, subsequent development on the site will be required to meet applicable codes and regulations, including mitigation of all anticipated environmental impacts. As a commercial development, there are no impacts to schools, parks or playgrounds associated with this proposed amendment. 2. The proposed Major Amendment to the PUD is in accordance with the goals, policies and objectives of the Comprehensive Plan. The proposed development of this area will remain consistent with the Comprehensive Plan. During the 2007 annual Comprehensive Plan amendment cycle, the applicant sought and was granted an amendment to the Comprehensive Plan Map to change the designation from Single Family Residential to Light Commercial (Lakeland Hills Special Plan Area). The area proposed to be included within the Lakeland Hills PUD is near existing urban services and infrastructure. The Comprehensive Plan supports the development of close-in vacant or underdeveloped properties which further limits urban sprawl on the edges of the planning area. As indicated by the applicant, the Lakeland Hills South PUD has a continued need for expanded neighborhood commercial services that can be accommodated under this proposal. The future collector road in this area and other recommended traffic-related conditions will ensure consistency with the City's Transportation Plan. 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 Page 3 of 4 Agenda Subject MIS08-0005. Major Amendment to Lakeland Hills Date: South Planned Unit Development Final Development Plan 3/19/2008 only increasing the number of units that would otherwise be attained through a development using the existing zoning and subdivision standards. The Major Amendment does not change densities already approved by the City through the Comprehensive Plan process. Development standards within these areas will be consistent with the character of development that has already taken place within Lakeland Hills and as required in the Chapter 18.76 of the Auburn City Code. As noted, this amendment does not seek to increase the number of dwelling units allowed within the PUD since it is proposed as a commercial development. 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 Comprehensive Plan 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"). The total number of allowed dwelling units within the PUD is not being increased by this proposal. As mentioned previously, subsequent development on the site will be required to meet applicable codes and regulations, including mitigation of anticipated environmental impacts. 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 development within the project area shall require separate environmental (SEPA) review to assess the potential environmental impacts and determine appropriate project conditioning, based on a specific development proposal. In order to meet the intent of the City's adopted Comprehensive Transportation Plan and provide roadway access which meets city standards to properties east of the subject site, the applicant/owner shall dedicate a minimum of 15 feet of right of way along the south property line of the rezone site. This right-of-way dedication shall extend east from Lakeland Hills Way to the eastern boundary of the site. This future roadway shall be labeled accordingly on the Final Development Plan Map consistent with the Comprehensive Transportation Plan. Page 4 of 4 June 14, 2007 ti, Mr. Steve Pilcher, Development Services Coordinator City of Auburn Department of Planning and Community Development 25 West Main Auburn, Washington 98001-4998 Reference: Lakeland Hills South Planned Unit Development - Major Amendment File 426384/1 Dear Steve: Please accept this letter as our application for a Major Amendment to the Lakeland Hills South Planned Unit Development. 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. The primary purpose of the Major Amendment is to incorporate an additional 3.79 acres into the Lakeland PUD and to use this new 3.79 acres for Light Commercial as it is adjacent to the Lakeland Town Center. Please give call me a call at (253) 473-4494 if there is additional information that needs to be submitted with this application. Sincerely, { t k frey D. Mann Project Manager J DM/em c: Sean Martin, lnvestco Financial Inc. Evergreen Tucci Partners Attn: Mr. Chris Huss Attachments :'LAKE LAND-SO,26384Docs-Reports`,Documents',26384 ecm061407StevePilcherItr_doc June 14, 2007 File #26384/1 . LAKELAND MASTER PLANNED COMMUNITY MAJOR AMENDMENT Justification and Support for the Proposed Major Amendment A. Why the Major Amendment is being proposed. The Major Amendment reflects the proposed addition of 4 parcels equaling 3.79 acres to the Lakeland Hills South PUD and includes the desired land use designation. Specifically, the proposed Amendment requests are as follow: Amendment No. 1: Addition of Area 12A to Final Development Plan Amendment No. 2: Revisions in Land Use Table and overall area of the PUD B. Justification and support for the Major Amendment. Amendment No. 1: Addition of Area 12A to Final Development Plan This area is adjacent to the east of the Lakeland Town Center and is 3.79 acres. It is not well suited in size and location to support residential development. Considering its proximity to the Town Center and the ease by which pedestrians and non-motorized modes of transportation can access this property it is best utilized as an expansion of the neighborhood commercial center. Currently, the Light Commercial Designation for Area 12 is adjacent to the Single Family Residential Designation to the south and east. This proposal would extend the Light Commercial of Area 12 to the south along the frontage of Lakeland Hills Way while the transition from Light Commercial to Single Family would remain the same. Re-designation of these parcels will not create any incompatibilities that don't already exist. Amendment No. 2: Revisions in Land Use Table The existing final development plan allows for 23 acres of Commercial within Planning Areas 11, 12, and 13. When "amendment I'" is approved, amendment No. 2 is an ancillary revisions to reflect the inclusion of the area in the PUD. The amendment would update the Land Use Table with regard to representing the planning area, the total area of commercial acreage within the PUD and the overall acreage of the PUD. Document IL\LAKELAND-SO`.263£4'VDocs-Reports''Documents;263b4 ecm061407MajorAmendmentjusificaiton.doc