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HomeMy WebLinkAbout50921 ORDINANCE NO. 5 0 9 2 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, 3 WASHINGTON, ADDING A NEW CHAPTER TO AUBURN CITY CODE TITLE 18, 4 ENTITLED "PLANNED UNIT DEVELOPMENT DISTRICT (PUD) - LAKELAND HILLS SOUTH." 5 6 WHEREAS, Lakeland Hills is a planned development located 7 in both Pierce and King Counties that has been in planning and 8 construction for a period of years; and 9 WHEREAS, Lakeland North is located within the current 10 corporate boundaries of the City of Auburn; and 11 WHEREAS, the City of Auburn has planned for the 12 annexation of Lakeland South (Pierce County) and surrounding 13 areas for nearly two decades; and 14 WHEREAS, the City of Auburn and The Lakeland Company have 15 previously entered into a contractual relationship granting ]8 the City the ability to annex Lakeland property; and ]7 WHEREAS, The Lakeland Company has previously been granted 18 Planned Development District approval in Pierce County and 19 development of the first phases of the planned development are 20 currently underway; and 21 WHEREAS, the City of Auburn's Phase I annexation of the 22 northern 280 acres of Lakeland South has been approved by the 23 Pierce County Boundary Review Board; and 24 25 28 Ordinance No. 5092 May 4, 1998 Page 1 ] WHEREAS, that upon annexation the City of Auburn will 2 need a regulatory framework to manage the development of 3 Lakeland South and insure that the area develops as an Auburn 4 neighborhood provided largely Auburn services; and 5 WHEREAS, The Lakeland Company and the City of Auburn have 6 developed a Planned Unit Development Ordinance designed to 7 provide the required regulatory framework. 8 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 9 WASHINGTON, DO ORDAIN AS FOLLOWS: 10 Section 1.. There is herewith created a new Chapter to 11 Auburn City Code Title 18 entitled "Planned Unit Development ]2 District (PUD) - Lakeland Hills South Special Plan Area", set 13 forth on attached Exhibit "A" and made a part hereof as though 14 set forth in full herein. 15 Section 2. The Mayor is hereby authorized to implement ]7 such administrative procedures as may be necessary to carry ]8 out the directions of this legislation. 19 Section 3. This Ordinance shall take effect and be in 20 force five day from and after its passage, approval and 2] publication as provided by law. 22 23 24 25 Ordinance No. 5092 May 4, 1998 Page 2 1 INTRODUCED: May 4, 1998 2 PASSED: M~y 4, ]998 3 APPROVED: MaY 4, 1998 4 A 8 CH RLES A. BOOTH MAYOR 7 8 ATTEST: 9 ~ Di~lelle E. Daskam, City Clerk 12 ]3 14 APPROVED AS TO FORM: ]5 R ]7 Michael J. eynolds City Attorney ]8 19 20 PUBLISHED: 2! 24 25 26 Ordinance No. 5092 May 4, 1998 Page 3 Lakeland Planned Unit Development Chapter 18.XX PLANNED UNIT DEVELOPMENT (PUD) DISTRICT -- LAKELAND HILLS SOUTH SPECIAL PLAN AREA SECTIONS: Section 18.XX.010: Purpose. Section 18.XX.020: Process. Section 18.XX.030: Definitions. Section 18.XX.040: Permitted Uses. Section 18.XX.050: Calculation of Number of Dwelling Units. Section 18.XX.060: Development Standards. Section 18.XX.070: Design Requirements. Section 18.XX.075: Landscaping and Screening Requirements. Section 18.XX.077: Sign Requirements. Section 18.XX.080: Public Infrastructure Requirements. Section 18.XX.090: Application for a Major Amendment to the PUD Designation. Section 18.XX. 100: Phased Developments. Section 18.XX.t 10: Concurrence with Subdivision Regulations. Section 18.XX. 120: Administrative Review of Major Amendments. Section 18.XX.t 30: Hearing Examiner Review. Section 18.XX. 140: Findings of Fact. Section 18.XX.150: City Council Action. Section 18.XX.160: Site Plan Approval. Section 18.XX. t70: Adjustments to the Approved PUD Plan. Section 18.XX. 180: Property Owner's Association. Section 18.XX.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 Exhibit 'A' - 1 - Ordinance No. 5092 Lakeland Planned Unit Development PDD (Pierce County Hearings Examiner Case No. Z15-90/UP9-70) as amended. The conditions of approval which remain applicable are attached hereto 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 applicanrs 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. 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. PUD's may Exhibit "A" Ordinance No. 5092 Lakeland Planned Unit Development 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 Desi.cln 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 non-motorized plan. G. Affordable Housing: Provide affordable housing options in accordance with Auburn's Comprehensive Plan. Section 18.XX.020 Process. The approval process for Major Amendments to the Lakeland Hills South PUD is three steps. The first step is a recommendation by the Hearing Examiner and final approval of the PUD or Major Amendment by the City Council using the process applicable to a rezone, Chapter 18,68. The second step is the approval of either a preliminary plat, a site plan, or a combination of both. Where a preliminary plat has been proposed, the third step is the approval of a final plat by the City Council. Step two may be combined with step one. A. Step one -PUD Maior Amendment approval: Approval of a Major Amendment to the Lakeland Hills South PUD shall be applied by the rezone process as specified in Chapter 18.68. Generally, a Major Amendment will be required because a specific proposal within a planning area necessitates an amendment. For the proposal triggering the need for the Major Amendment, the Major Amendment shall 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 Exhibit "A" -3- Ordinance No. 5092 Lakeland Planned Unit Development no specific proposal, the Major Amendment shall establish these parameters to the extent possible. Application for PUD Major Amendment approval shall be in accordance with Section 18.XX.090. B Step two - preliminary plat site/plan approval: For those Major Amendments to the Lakeland PUD that consist of only single family or duplex platted lots, a preliminary plat may be filed pursuant to Chapter 17.06 of the Auburn City Code. For all other uses, a site plan must be approved by the Director of Planning pursuant to Section 18.XX. 160. Preliminary plat and site plan approval must be concurrent if a PUD requires both approvals. Preliminary plat/site plan applications may be for all or a portion of a planning area. Applications for a site plan shall be in accordance with 18.XX. 160. C. Step three - final plat approval: Final plats shall be approved pursuant to Chapter 17.10 of the Auburn City Code. Section 18.XX.030 Definitions. A. Community Center/Recreation Facilities: for the purposes of this chapter, Community Center/Recreation Facilities means a building with associated amenities intended or designed to be used for community meetings and recreation and may include facilities within and adjacent to the building for offices, kitchen, storage space, bathrooms, sales and information, swimming pools, sportcourts, tennis courts, playgrounds, and an outdoor amphitheater. B. Density: for the purposes of this chapter, density means the maximum number of dwelling units per acre allowed within a given area. C. Department: for the purposes of this chapter, the term Department shall refer to the City of Auburn Department of Planning and Community Development. D. Gross Area: {also referred to as Gross Acreage or Gross Useable Area} for the purposes of this chapter, gross area shall be defined as all of the area within the Exhibit "A' -4- Ordinance No. 5092 Lakeland Planned Unit Development boundaries of the entire PUD site including all public and private parcels, rights- of-way, open spaces, common areas, and dedications. E. Lot Types: These definitions apply to dwellings on fee simple lots: 1. Detached, detached lots are lots which the structure on the lot is set back from all the lot lines. 2. Zero setback, zero setback lots are lots which the structure on the lot does not have a set back from one of the interior side lot lines and is not attached to another structure on an adjoining lot. The structure is set back from all remaining lot lines. 3. Semi-attached, semi-attached lots are lots which the structure on the lot does not have a setback from one of the interior side lot lines and is attached to another structure on an adjoining lot. The structure is set back from all remaining lot lines. 4. Attached, attached lots are lots which the structure on the lot does not have a setback from either of the interior side lot lines and is attached to another structure on both adjoining lots. The structure is set back from all remaining lot lines. F. Net Area: {also referred to as Net Acreage or net usable area} for the purposes of this chapter, net area shall be defined as the gross area minus the area designated as non buildable areas and non-residential uses. G. Non buildable Areas: Non buildable areas include; slopes that exceed 25% measured between each 25 foot contour line; wetlands delineated pursuant to the definition of "Wetlands" contained within section 16.06.030 of the Auburn City Code; or floodways as defined by section 15.68.060(I) of the Auburn City Code. Slopes, wetlands, or floodways that are allowed to be modified by the City may be considered buildable. Wetland buffers are not considered non-buildable areas. Non buildable areas for each planning area will be determined following Exhibit "A' -,5- Ordinance No, 5092 Lakeland Planned Unit Development the completion of mining for the planning area pursuant to Pierce County Permit UPg-70 as it may be amended. H. Official Lakeland Plan Map. For the purposes of this chapter, the official Lakeland Plan Map is the Final Development Plan for Lakeland attached hereto as Exhibit B and legally described in Exhibit C. Exhibits B and C are incorporated herein by reference. I. Open Space: For the purposes of this Chapter open space may include such features as landscaped areas, held in common ownership by a Homeowners Association and part of a landscape plan common to the entire PUD, passive and active recreation uses, natural features, environmental amenities such as wetlands and their buffers, and, storm water facilities that incorporate any or all of the above identified features. Open space areas shall be required to be enhanced if not already an existing amenity. Areas intended to be left in their natural state, including but not limited to, wetlands and their buffers and steep slopes shall be considered an existing amenity. The open space must be a permanent, integral, and functional amenity that is for the common good and enjoyment of the residents of the entire PUD and not just to an individual lot or resident. Landscaped areas, private parks, and improvements within open space areas shall be maintained by the Homeowners Association. Open space for the Lakeland Hills South Special Area Plan is shown on the Official Lakeland Plan Map and shall be provided in accordance with the First Amendment to Lakeland Annexation and Utilities Agreement as adopted by City Council Resolution No. 2955. J. Plannin.cl Area: For the purposes of this Chapter, Planning Area refers to the areas referred to as residential, senior, commercial, community center, school, and park/open space on the Official Lakeland Plan Map. K. Private street: Private street means any access easement, tract or street which is not a public street. Driveways which are not part of an access easement, tract or street shall not be considered a street. Exhibit "A" -6- Ordinance No. 5092 Lakeland Planned Unit Development L. Public street: Public street includes all streets, highways, freeways, avenues, lanes, courts, places or other public rights of way in the City held in public ownership and intended to be open as a matter of right to public vehicular traffic. M. Senior Housing and Services: For the purposes of this chapter, Senior Housing and Services means living accommodations where at least one member of the household is age 55 or over and all members of the household are as least 18 years of age. Dwelling units may consist of independent living units comprised of attached and detached single-family and multifamily dwellings where elderly individuals or families provide rooms, meals, personal care, supervision of self- administered medication, recreational activities, financial services, and transportation, and may include Alzheimer's care and health care facilities. For the purposes of the chapter, Alzheimer's care facilities which have no more than one congregate kitchen and dining area will be considered one dwelling unit. Section 18.XX.040 Permitted Uses. A. Residential: 1. Housing concepts of all types limited only by the density allowed in the Official Lakeland Plan Map. Examples include the following: a. Single family detached homes. b. Condominiums, apartments, and townhouses. c. Customary accessory uses and structures common to single family homes or multi-family dwellings. d. Home occupations authorized by and subject to the standards of Chapter 18.60 ACC. e. Mini-storage and storage or parking of recreational vehicles for residents of the individual development. Exhibit "A" -7- Ordinance No. 5092 Lakeland Planned Unit Development f. Non-residential or municipal uses such as schools, churches, libraries, police, parks or fire facilities as authorized in the PUD. g. Home based daycare. h. Community centers/recreation facilities. i. Senior housing and services. 2. Parks. B. Non-Residential: Uses permitted by ACC 18.26 as authorized in the development plan. C. Conditional Uses: Permitted throughout the PUD Pursuant to ACC 18.64 and as specifically authorized by the development plan, including: 1. Civic and social fraternal clubs. 2. Mini-daycare and daycare centers. 3. Preschools or nursery schools. 4. Religious institutions. 5 Utility substations. 6. Municipal Services a. Police b. Fire c. Library 7. Mini Storage and storage or parking of recreational vehicles for residents of the PUD. Exhibit "A" -8- Ordinance No. 5092 Lakeland Planned Unit Development Section 18.XX.050 Calculation of number of dwelling units. The maximum number of dwelling units allowed in a planning area is calculated in the following manner: A. Non buildable areas and land set aside for nonresidential land uses are subtracted from the gross area of the site to determine the net usable area of the site. For the purposes of this section, non buildable areas do not include public or private streets or driveways within a planning area. B. The number of acres of the net usable area of the planning area is multiplied by the residential densities allowed in the Official Lakeland Plan Map to produce the maximum number of dwelling units. Any fractions may be rounded up to the nearest whole number as long as the densities as outlined in section 18.XX.050(C) are not exceeded. C. Residential densities within each planning area allowed by the Official Lakeland Plan Map are as follows: Allowable Residential Densities Lake Hills South Maximum Number of Comprehensive Plan Map Dwelling Units per Acre Designation Single Family 6 units per acre Moderate Density Residential 14 units per acre High Density Residential 19 units per acre Section 18.XX.060 Development Standards The following development standards will apply for each development within the planning areas shown on the Official Lakeland Plan Map. Except where modified by Exhil~it 'A' Ordinance No. 5092 Lakeland Planned Unit Development these standards, all standards of the Auburn City Code apply. Front yard setbacks are measured from the edge of the right of way for lots fronting on public streets and from the face of the curb, or the midpoint if a rolled curb is used, for private streets. A. Sin.ale Family Planning Areas. Single Family Planning Areas are those planning areas with a permitted density of 1-4 and 2-6 dwelling units/acre. Within these planning areas, the following development standards apply: 1. Single-Family Detached - One (SFD-1) Development Standards a. Minimum lot area: 7,000 square feet b. Minimum lot width: 65 feet c. Minimum lot depth: 100 feet d. Building footprint coverage: 55% e. Minimum yard setbacks: 1. Front: ten (10) feet to porch, fifteen (15) feet to residence, twenty (20) feet to garage 2. Side: five (5) feet 3. Side, street: ten (10) feet 4. Rear: twenty (20) feet 5. Accessory structures and alley-loaded garages shall meet all the required setbacks of the zone with the exception that the rear yard setback may be reduced to five (5) feet f. Maximum building height 1. Main building: two and one-half (2 1/2) stories, not to exceed thirty (30) feet 2. Accessory buildings: two (2) stories, not to exceed twenty- four (24) feet 2. Single-Family Detached - Two (SFD-2) a. Minimum lot area: 5,400 minimum b. Minimum lot width: 60 feet c. Minimum lot depth: 90 feet d. Building footprint coverage: 55% e. Minimum yard setbacks: 1. Front: ten (10) feet to porch, fifteen (15) feet to residence, twenty (20) feet to garage Exhibit "A" - 10- Ordinance No. 5092 Lakeland Planned Unit Development 2. Side, interior: five (5) feet 3. Side, street: ten (10 feet 4. Rear: twenty (20) feet 5. Accessory structures and alley-loaded garages shall meet all the required setbacks of the zone with the exception that the rear yard setback may be reduced to five (5) feet f. Maximum building height: 1. Main building: two and one-half (2 1/2) stories, not to exceed thirty (30) feet 2. Accessory buildings: two (2) stories, not to exceed twenty- four (24) feet 3. Single-Family Detached - Three (SFD-3) a Minimum lot area: 4,250 minimum b. Minimum lot width: 50 feet c. Minimum lot depth: 85 feet d. Building footprint coverage: 55% e. Minimum yard setbacks: 1. Front: ten (10) feet to porch, fifteen (15) to residence, eighteen (18) feet to garage 2. Side, interior: five (5) feet 3. Side, street: ten (10) feet 4. Rear: fifteen (15) feet 5. Accessory structures and alley-loaded garages shall meet all the required setbacks of the zone with the exception that the rear yard setback may be reduced to five (5) feet f. Maximum building height 1. Main building: two and one-half (2 1/2) stories, not to exceed thirty (30) feet 2. Accessory buildings: two (2) stories, not to exceed twenty- four (24) feet Exhibit "A' - 11 - ordinance No. 5092 Lakeland Planned Unit Development B. Moderate Density. The Moderate Density Planning Areas are those planning areas with a permitted density of 2-14 dwelling units/acre. Within these planning areas, the following development standards apply in addition to those identified in 18.XX.060.A: 1. Single-Family Detached - Four (SFD-4) a Minimum lot area: 3,375 minimum b. Minimum lot width: 45 feet c. Minimum lot depth: 65 feet d. Building footprint coverage: 55% e. Minimum yard setbacks: 1. Front: ten (10) feet to porch, fifteen (15) feet to residence, eighteen (18) feet to garage 2. Side, interior: five (5) feet 3. Side, street: ten (10) feet 4. Rear: fifteen (15) feet 5. Accessory structures and alley-loaded garages shall meet all the required setbacks of the zone with the exception that the rear yard setback may be reduced to five (5) feet f. Maximum building height: 1. Main building: two and one-half (2 1/2) stories, not to exceed thirty (30) feet 2. Accessory buildings: two (2) stories, not to exceed twenty- four (24) feet 2. Single-Family Detached - Five (SFD-5) a. Minimum lot area: 2,730 minimum b. Minimum lot width: 42 feet c. Building footprint coverage: 55% d. Minimum yard setbacks: Exhibit "A" Ordinance No, 5092 Lakeland Planned Unit Development 1. Front: ten (10) feet to porch, fifteen (15) feet to residence, eighteen (18) feet to garage 2. Side, interior: three (3) feet 3. Side, street: six (6) feet 4. Rear: ten (10) feet 5. Accessory structures and alley-loaded garages shall meet all the required setbacks of the zone with the exception that the rear yard setback may be reduced to five (5) feet e. Maximum building height 1. Main building: two and one-half (2 1/2) stories, not to exceed thirty (30) feet 2. Accessory buildings: two (2) stories, not to exceed twenty- four (24) feet 3. Multi-Family or Small Lot Detached - One (MFA-1) a. Minimum lot area: 2,400 minimum b. Minimum site area per dwelling unit: 2,400 square feet c. Minimum lot width: 35 feet if detached; 20 feet if attached d. Building footprint coverage: 60% e. Minimum yard setbacks: 1. Front: ten (10) feet to porch, fifteen (15) feet to residence, five (5) feet to garage 2. Side, interior: five (5) feet, except 0 feet when attached 3. Side, street: ten (10) feet 4. Rear: ten (10) feet 5. Accessory structures and alley-loaded garages shall meet all the required setbacks of the zone with the exception that the rear yard setback may be reduced to five (5) feet g. Maximum building height: 1. Main building: two and one-half (2 1/2) stories, not to exceed thirty (30) feet Exhibit "A' - 13- Ordinance No. 5092 Lakeland Planned Unit Development 2. Accessory buildings: two (2) stories, not to exceed twenty- four (24) feet C. Hi.clh Density. The high density planning areas are those with a permitted density of 12-19 dwelling units/acre. Within these planning areas, the following development standards apply: 1. Multi-Family - Two (MFA-2) a. Minimum lot area: 1,800 square feet b. Minimum site area per dwelling unit: 1,800 square feet c. Minimum lot width: twenty (20) feet d. Building footprint coverage: 60% e. Minimum yard setbacks: 1. Front: ten (10) feet to porch, fifteen (15) feet to residence, five (5) feet to garage 2. Side, interior: five (5) feet, except 0 feet when attached 3. Side, street: ten (10) feet 4. Rear: ten (10) feet 5. Accessory structures and alley-loaded garages shall meet all the required setbacks of the zone with the exception that the rear yard setback may be reduced to five (5) feet g. Maximum building height: 1. Main building: two and one-half (2 1/2) stories, not to exceed thirty (30) feet 2. Accessory buildings: two (2) stories, not to exceed twenty- four (24) feet D. Public 1. As permitted in the Auburn Zoning Ordinance, Chapter 18.40, P-1 Public Use District. E×.,b,t 'A' - 14- Ordinance No. 5092 Lakeland Planned Unit Development Section t8.XX.070 Design Requirements. A. OI3en SI3ace: The Lakeland Hills South PUC will provide a minimum of 153 acres of open space in addition to public parks requirements. The open space is shown on the Official Lakeland Plan Map. B. PUD Perimeters: Setbacks from the perimeter of the PUD shall correspond to the requirements of the adjoining Zoning Districts. The City may determine a reduced setback is sufficient due to the use of natural topography, earth berms, existing and proposed foliage, and other features such as roadways, wetlands or natural waterways that would otherwise provide sufficient buffering of adjoining parcels. Sight distance conflicts shall be avoided for motorized and non- motorized traffic. C. Pedestrian Movement: A planning area shall provide public pedestrian access, which may require appropriate easements, to parks, schools or uses that may attract a significant number of pedestrians. Sidewalks or pedestrian ways must connect the required pedestrian system to existing pedestrian systems on adjacent developments if adequate safety and security, which may include lighting, can be maintained. Convenient, barrier free, pedestrian access to transit stops, when applicable, shall be provided. D. Architectural Design Guidelines: The purpose of this Section is to provide design guidelines that will be utilized to insure the creation of high quality development that is internally consistent and harmonious throughout the PUD. The following design guidelines are suggested as a means to create a high quality, pedestrian oriented community. 1. All residential buildings shall be designed and constructed to minimize visual intrusions into windows and private spaces of adjoining developments. ~,,b,t .A. - 15- Ordinance No. 5092 Lakeland Planned Unit Development 2. Within Single Family Planning Areas, all buildings shall be designed and constructed consistent with approvals granted pursuant to Auburn City Code. 3. Multi-family buildings within the Moderate Density Planning Areas shall incorporate design elements that are reflective of single family housing. These design elements may include: the use of pitched roof systems, limits on length of buildings and building massing, a limited number of entrances as viewed from any particular elevation, varied setbacks to avoid massing of buildings along setback lines of arterial and collector streets, and a combination of landscaping and fences within setbacks to create private space. 4. Multi-family buildings within the High Density Planning Areas shall also incorporate design elements such as: roof treatments and building articulation intended to minimize building mass to insure compatibility with adjoining lower density development, parking shall be clustered in locations that minimize visibility from public streets, or screened with berms and landscaping, solid waste and outdoor storage facilities shall be limited to enclosures that are architecturally compatible with the primary building, and pool and recreation areas shall be located away from property lines of adjoining lower density residential development. 5. Buildings located along the Lakeland Hills Parkway linear park or which front other public parks shall incorporate landscape features that compliment the design of the public park, in accordance with the approved master landscaping plan referenced in Section 18.XX.075. 6. Prior to or concurrent with the submittal of a Commercial or non- residential site plan, a design plan that incorporates the following elements shall be submitted to the Planning Director for review and approval: ~,h,b,t 'A' - 16- Ordinance No. 5092 Lakeland Planned Unit Development a. A consistent design theme compatible with the balance of the PUD. b. Exterior facades shall be softened by modulation, landscaping adjacent to buildings, and varied roof lines. c. Buildings on the pads shall be designed to be compatible with the design of the commercial structure. d. Rooftop equipment visible from adjoining development shall be designed such that it appears as an architectural feature and similar to the building with regard to color and/or texture. The equipment shall be arranged or screened in a manner to minimize visibility from adjoining development or public rights-of-way. e. One or more buildings, such as buildings on pads, should be located adjacent to the street frontage with parking located to the "rea~' of the building. f. Truck loading areas should be screened from adjacent properties and streets. g. Trash disposal areas should be enclosed. Section 18.XX.075- Landscaping and Screening Requirements A. Within 120 days of the effective date of this ordinance, a Master Landscape Plan shall be submitted to the City Planning Director for review and approval. The Master Landscape Plan shall designate the scope of the plan, plant material references, types of landscaping including screens and buffers, and regulations by Planning Area. B. The purpose and goal of the Master Landscape Plan is to achieve a harmonious and consistent appearance within the PUD area, including that of a well-planned residential area and a theme that carries into the non-residential areas. Consideration of transitional areas and boundaries between different uses will be E,<~,,,~,t .~,. - 17- Ordinance No. 5092 Lakeland Planned Unit Development important. The City of Auburn Landscape Code shall be used as a guideline in the development of the Plan, although ACC 18.50.060(L) shall not apply. C. Until the Master Landscape Plan in paragraph A above is approved by the City Planning Director, the City of Auburn Landscape Code (excluding ACC 18.50.060(L)) shall apply to new Development Applications submitted to the City. The City Planning Director may approve variances from the Code for specific submittals. Section 18.XX.077 Sign Requirements A. Within 120 days of the effective date of this ordinance, a master sign plan must be submitted to the City Planning Director for review and approval. The master sign plan shall designate the location and design elements, the use of common elements, the size and scale of each type of sign, and the quality of materials to be used. The master sign plan shall include the design elements intended for various monuments, including major entrance monuments planned for major intersections, which may be similar in size and scale to the major entrance monuments located at the intersection of Lakeland Hills Boulevard and A street, and secondary entrance monuments similar in size and scale to that planned for Lakeland Hills Way and Evergreen Way. The sign on the monuments shall be designed in accordance with Chapter 18.56, however, the size of monument signs shall be governed by the master sign plan. In addition, the master sign plan shall include the typical uses and approximate location of temporary directional signs, model home signs, and A-boards. B. Except as modified by this Section, the requirements of Chapter 18.56 shall be applicable throughout the PUD until such time as the City approves the master sign plan. Upon approval of a master sign plan, it shall control. Withineach preliminary plat or site plan within the Single Family, Moderate Density, and High Density Planning Areas, the following signs shall also be permitted outright: ]. on site directional signs 2. model home signs 3. monument signs at all plat entrances Exhibit "A' - 18- Ordinance No. 5092 Lakeland Planned Unit Development C. The signs referenced in Section B above shall be designed and constructed consistent with the examples shown on the attached Exhibit D and of the size and scale of similar signs constructed within the King County portion of Auburn. In addition, entrance monument signs shall be designed and constructed to be low in scale and set in a landscaped bed. Monument signs shall be located on property that is held in common by the homeowners association, and the homeowners association shall be responsible for maintenance of the sign and landscaping or on a private easement. D. Within the Commercial and non-residential Planning Areas, signs shall be subject to Chapter 18.56 except as follows: ]. Commercial areas within the PUD shall be limited to one pylon sign within each parcel. All other signs shall be monument style or wall mounted. 2. Non-residential development within the PUD shall be limited to monument or wall mounted signs, except in 1 above. 3. Prior to or concurrent with the submittal of a site plan for development within a non-residential area, a commercial sign master plan must be submitted to the Planning Director for review and approval. The commercial sign master plan shall include a coordinated sign theme that is compatible with surrounding development. Section 18.XX.080 Public Infrastructure Requirements. The applicant for the PUD must provide all necessary public facilities to include, as a minimum, the following: A. Dedication of public utilities: Public utilities being provided by the City must be dedicated to the City unless allowed to be private by the City. B. Water, Sewer and Drainage Facilities: All water, sanitary sewer and drainage facilities must be constructed and installed in accordance with applicable City Exhibit "A" - 19- Ordinance No. 5092 Lakeland Planned Unit Development codes and standards, including design criteria, construction specifications, operational criteria, and approved engineering submittals. C. Underground facilities: All public utilities must be placed underground except those that by their nature must be on or above ground, such as streets, fire hydrants, power vaults, telephone pedestals and open water courses. The applicant is responsible for making the necessary arrangements with the appropriate entities for the installation of such services. D. Streets: 1. All streets must be constructed to the City's standards. Variations from minimum standards for pavement and right-of-way widths or other dimensional or construction standards may be permitted when special design features of the PUD or topographic considerations warrant the variation. The applicant must submit a written justification for any proposed variation along with evidence that the minimal functional requirements of the proposed street improvements are being met. The City Engineer shall review the proposed variation and shall determine if the minimal functional requirements are being met and shall make a recommendation to the Council Public Works Committee whether the variation should be approved. The Public Works Committee shall act upon the request and may require conditions of approval to ensure the minimal functional requirements are being met. 2. Private streets may be permitted within the PUD provided they meet the following criteria: a. Use of the private street is limited to those accessing property within the planning area or immediately adjacent to the planning area and is not needed by non PUD residents to travel from one public street to another. The design of the private street shall be such that it will discourage any through traffic that is not related to the planning area itself. ~h,b,t 'A' '20- Ordinance No. 5092 Lakeland Planned Unit Development b. The minimum pavement width for private streets shall be 28 feet provided that on-street parking is allowed only on one side of the street or 20 feet for alleys. The roadway section pavement depth for asphalt, crushed rock, and gravel base and the material specifications of these materials shall be the same as Auburn standards for public streets. Additional width may be required if determined to be needed to provide adequate circulation for the residents of the PUD. Factors to be considered include but are not limited to providing emergency equipment access, preventing conflicts between pedestrians and vehicle traffic, on street parking, number of units, the need for sidewalks and bike paths. The pavement width and construction standards, to include but not limited to illumination, signing, storm drainage, curbs, gutters, channelization, e.g., shall be determined by the City Engineer at the time of preliminary plat or site plan approval. Private streets and/or access tracts and shared driveways, that provide a second or additional access to lots/units shall be constructed to standards, as determined by the City Engineer, considered to be appropriate for the situation. Factors to be considered include the number of units served, emergency access and traffic circulation. c. All sites served by a private street greater than 600 feet in length shall have at least two access connections to a public street and provide for adequate emergency equipment access. d. A legally incorporated property owners' association assumes the responsibility and cost to repair and maintain the proposed private streets. If the association fails to maintain the street, the by-laws of the association give the City the right to maintain the street and charge the cost of the maintenance, including any administrative costs, to the association members. Ex.eb,t "A" -2 1 - Ordinance No. 5092 Lakeland Planned Unit Development e. The by-laws establishing the association must state that if future owners should request that private streets be changed to public streets; then the owners fully agree that, before acceptance of such streets by the City, the owners will bear full expense of reconstruction or any other action necessary to make the streets substantially consistent to the requirements of public streets, applicable at that time. Section 18.XX.090 Application for Approval of Major Amendment to the PUD. A. Preapplication Conference. Prior to filing an application for a Major Amendment to the PUD, the applicant shall attend a preapplication conference with the Planning Director and other interested department heads, or their designees, regarding the proposed development. The conference attendees shall review the general outlines of the proposal, evidenced schematically by sketch plans and other documents provided by the applicant, The applicant shall receive suggestions and recommendations generated by the conference along with forms and guidelines for preparing the PUD application. B. Application Procedure: Following a preapplication conference, applicants must provide the Planning Director seven (7) copies of the following: 1. Application: Forms provided by the Department that ask the applicant for the following information: a. The name of the proposed PUD or planning area and a general description of the proposed development requiring the Major Amendment, including descriptions of buildings, and other site improvements; Ex.,b. "A" -22- Ordinance No. 5092 Lakeland Planned Unit Development b. A proposed schedule that includes submittal of the site plan, preliminary plat, proposed phased developments, if any, and target dates for starting construction; c. Proposed land uses including the type and amount or densities; d. Number and types of dwelling units in the proposed development requiring the Major Amendment; e. Total amount of open spaces, the designated or proposed use, and the amount of open space designated for public and private use; f. Plans for the perpetual maintenance and preservation of private spaces and private streets; g. Any requests for modifications to the street construction standards of the Land Division Ordinance including the substantiating information as to why the modifications are necessary; h. The gross acreage of the PUD or planning area, the net usable acreage, and the acreage of any non-buildable areas; i. The name and address of the applicant. All land within the PUD or planning area shall be under the ownership of the applicant. Applicants are defined as an individual, partnership, corporation, or groups of individuals, partnerships or corporations; and j. The name, address, stamp and signature of the professional engineer, professional architect or professional land surveyor who prepared the site plan. 2. Environmental Checklist: Form and instructions provided by the Department in accordance with ACC 16.06, Environmental Review Procedures. Ex,,b,t 'A' -2 3- Ordinance No. 5092 Lakeland Planned Unit Development 3. Concel3tual Desi.cln of Public Facilities: Preliminary engineering plans and studies that include the following: a. A general description and location of the proposed improvements necessary to properly handle the potable water, sanitary sewer, storm water drainage and other service needs within and adjacent to the proposed PUD. b. In addition, for any Major amendment to the PUD, the following: i. Anticipated demand capacities for the proposed water distribution, storm drainage and sanitary sewage systems. ii. The estimated, tentative horizontal and vertical alignment of all proposed streets, and sidewalks and the estimated grade of any trails. 4. Site Plan. a. Prel~aration. The site plan may be prepared by a professional engineer, architect or professional land surveyor registered or licensed by the state of Washington. They shall prepare and, by placing his or her signature and stamp upon the face of the planning documents, certify that all information is portrayed accurately and that the proposed PUD complies with applicable standards and regulations. b. Scale and Format: The site plan shall be drawn with reproducible black ink on mylar or similar material. All geographic information portrayed by the plan shall be accurate, legible, and drawn to an engineering (decimal) scale. The horizontal scale of a plan shall be 100 feet or fewer to the inch, except that the location sketch and typical street cross sections may be drawn to any other appropriate scale. The site plan shall be 24 inches by 36 inches in size. Each sheet shall be numbered consecutively. An index Exhibit "A' '24- Ordinance No. 5092 Lakeland Planned Unit Development sheet orienting the other sheets shall be provided. If necessary, the Planning Director may authorize a different sheet size or scale. c. Contents: The site plan must include each of the following: i. Vicinity Map: A vicinity map sufficient to define the location and boundaries of the proposed PUD relative to surrounding property, streets and other major man-made and natural features. ii. Existing Geographic Features: Except as otherwise specified, the following existing geographic features shall be drawn lightly in relation to proposed geographic features and developments: 1. All existing property lines lying within the proposed PUD and all existing property lines lying within one hundred (100) feet of the PUD. 2. The location of all existing streets within the PUD, both public or private, including the right-of-way widths, pavement widths and the names. 3. Existing water features such as rivers, creeks, ponds, wetlands, stormwater detention basins, watercourses, floodplains and areas subject to inundation or storm water overflow. 4. Existing contour lines at intervals of five feet for average slopes exceeding five percent or at intervals of one foot for average slopes not exceeding five percent. Contour lines shall be labeled at intervals not to exceed 2 feet and shall be based upon city datum, e.g. NGVD. Exhibit ~A" -~) 5- Ordinance No, 5092 Lakeland Planned Unit Development 5. Location of any existing structures lying within the proposed PUD. Existing structures to be removed shall be indicated by broken lines, and existing structures not to be removed shall be indicated by solid lines. iii. Proposed Improvements: The following proposed geographic features shall be shown: 1. The location of any public or private streets and/or storm drainage facilities. 2. The general location of the types of uses or densities and general distribution of lot types. 3. The boundaries, dimensions and area of public park and common open space areas. 4. Identification of all areas proposed to be dedicated for public use, together with the purpose and any conditions of dedication. 5. Conceptual plans for pedestrian and bicycle circulation systems. 6. The treatment proposed for the periphery of the site including setbacks, fencing, the approximate amount, location, and type of any landscaping. Section 18.XX. 1 O0 Phased Developments. A. The applicant may propose a phased development. S×hib,t 'A' -26- Ordinance No. 5092 Lakeland Planned Unit Development B. Any phases being developed in the Lakeland Hills South PUD require a description of each phase, including the size, uses or densities and schedule for implementing each phase and corresponding public services. Phased sequences and intervals between scheduled phases become a condition of the PUD approval. C. Each phase must be able to stand on its own without reliance upon development of subsequent phases. Section 18.XX.I 10 Concurrence with Subdivision Regulations. A. A preliminary plat may be processed concurrently with a Major Amendment to the PUD or a site plan. A preliminary plat must be submitted in accordance with Title 17 of the Auburn City Code. B. Approval of a Major Amendment to the PUD or a preliminary plat application may allow for the modification of the subdivision construction standards and specifications of Chapter 17.12, of the Auburn City Code. If modifications are proposed the request must be made part of the Major Amendment or preliminary plat application. The applicant must also provide substantiating evidence as to why the modifications are necessary. Section 18.XX.120 Administrative Review of Major Amendments. A. The Planning Director shall forward the Major Amendment to the PUD application and/or preliminary plat or site plan application, together with copies of any appropriate accompanying documents, to the Director of Public Works. The Director of Public Works shall review the application(s) as to the adequacy of the proposed means of sewage disposal and water supply; the conformance of the proposal to any plans, policies or regulations pertaining to streets, storm E×h,b,t "A' -27- Ordinance No, 5092 Lakeland Planned Unit Development drainage or utilities; and regarding any other issues related to the interests and responsibilities of the Department of Public Works. B. The Planning Director shall solicit the comments of any other appropriate city department, local utility provider, local school district, and any other appropriate public or private entity, concerning the proposed Major Amendment to the PUD. For a Major Amendment to the PUD or a PUD processed simultaneously with a preliminary plat, comments received in a timely manner, as well as any written comments received in response to a notice of public hearing, shall either be transmitted to the Hearing Examiner or incorporated into a report prepared by the Planning Director and submitted to the Hearing Examiner, prior to the scheduled public hearing. C. The Planning Director shall approve the site plan if it conforms to the approved PUD, the submittal requirements of 18.XX. 160(A), Section 18.XX.060, and other applicable standards. Section 18.XX.130 Hearing Examiner Review. Pursuant to the provisions of Chapter 18.66 the Hearing Examiner shall conduct a public hearing on all requests for a Major Amendment to a PUD. The Examiner's decision shall be in the form of a recommendation to the City Council. Section 18.XX.140 Findings of Fact. Applications for a major amendment to a PUD shall only be approved if sufficient findings of facts are drawn to support the following: 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; E×,,b,t ,A' -2 8- Ordinance No. 5092 Lakeland Planned Unit Development B. The proposed Major Amendment to the PUD is in accordance with the goals, policies and objectives of the Comprehensive Plan. C. The Major Amendment is consistent with the purpose of this chapter, Section 18.XX.010, provides for the public benefits required of the development of PUD's and does not result in only increasing the number of units that would otherwise be attained through a development using the existing zoning and subdivisions standards. 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. E. 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. Section 18.XX.150 City Council Action. A. The City Council may affirm, modify, or disaffirm the recommendations of the Hearing Examiner in accordance with ACC 18.66.170. B. The majority of the City Council shall instruct the City Attorney to prepare an ordinance reflecting its decision. The ordinance shall include formal findings of fact and conclusions supporting the decision. If the decision is for approval with conditions, the conditions shall be specified in the ordinance. The ordinance shall be recorded in accordance with ACC 18.68.060. Exh,b,, "A' -2 9- Ordinance No. 5092 Lakeland Planned Unit Development Section t8.XX. 160 Site Plan Approval. A. Preapplication Conference. Prior to filing an application for a site plan approval, the applicant shall attend a preapplication conference with the Planning Director and other interested department heads, or their designees, regarding the proposed development. The conference attendees shall review the general outlines of the proposal, evidenced schematically by sketch plans and other documents provided by the applicant. The applicant shall receive suggestions and recommendations generated by the conference along with forms and guidelines for preparing the site plan application. B. An application shall be required for the site plan approval of any portions of a planning area except for those designed for detached single family lots and shall include the following: 1. The ordinance approving the PUD, if previously done; 2. A site plan which shall illustrate the following: a. Vicinity map, b. Boundaries and dimensions of the PUD, c. If partial approval, illustrate the proposal within the boundaries of the entire PUD, d. Illustrate previous site plan approvals that may have occurred within the PUD, e. Acreage of proposal, f. Rights-of-way location and widths, the proposed name of each street or alley and whether the right-of-way will be dedicated as public or remain private. The designation of Exh,b,, "A' '30- Ordinance No. 5092 Lakeland Planned Unit Development any fire lanes. Where final street grades are likely to exceed ten (10) percent in elevation and the estimated tentative grades of such streets, g. Adjacent public streets, h. Easements, existing and proposed including its purpose, i. Location and size of all existing and proposed utilities including sanitary sewer, storm drainage, and water lines lying within or adjacent to the PUD or the phase of the PUD as appropriate, j. Typical street cross section(s) including any pedestrian facilities, k. Location of uses, i. Location of buildings and structures, both existing and proposed, including setbacks, m. Location and layout of off-street parking, loading and unloading areas, n. Location of walls and fences, around the perimeter of the PUD or phase of the PUD, as appropriate, and an indication of their height and materials, o. Location of any storage areas or refuse containers, p. Location and size of signs, q. Landscaping plan-conceptual, r. Indication of height of buildings, s. Proposed architectural treatment of structures, ~,,b,t .A. -3 1 - ordinance No. 5092 Lakeland Planned Unit Development t. Any covenants not previously approved, u. Proposed final contour lines at intervals of five feet for average slopes exceeding five percent, or at intervals of two feet for average slopes not exceeding five percent. Final contours shall be indicated by solid lines (existing contours which are to be altered shall be shown by broken lines). Contour lines shall be labeled at intervals not to exceed 20 feet and shall be based upon city datum e.g., NGVD. Contour lines around proposed geographic features shall be drawn tightly around the proposed features. v. The site plan shall illustrate a north arrow, be properly dimensioned and drawn at a scale not less than one inch equals 40 feet and on a sheet size 24 by 36 inches, more sheets may be used if necessary. A reproducible mylar, or similar material, and seven copies of the site plan shall be submitted at the time of application. An alternative scale sheet size may be approved by the Planning Director. w. The Planning Director may require the submittal of additional information in order to thoroughly evaluate the site plan. 3. The site plan application shall be accompanied by a current (within 30 days) title report which contains: a. The legal description of the total parcel sought for final site plan approval. b. Those individuals or corporations holding an ownership interest in said parcel all of which shall sign the application for final site plan approval. Exh,b,t 'A' -32- Ordinance No, 5092 Lakeland Planned Unit Development c. Any easements or restrictions affecting the property with a description of its purpose and referenced by an auditor's file number and/or recording number. 4. A signed certification that the site plan has been made with the free consent, and in accordance with the desire of the owner or owners. C. A site plan shall be reviewed in accordance with the provisions of sections 18.XX. 120. The site plan shall only be approved if it is found to be consistent with and implements the provisions of the PUD and meets the submittal requirements of Section 18.XX. 160(A). If necessary conditions of approval may be imposed to ensure consistency with the approved PUD. Section t8.XX.170 Adjustments to the PUD. A. The Planning Director may approve minor adjustments to the approved 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 or the number of units indicated for that planning area as shown on the official Lakeland Plan Map by more than 10 percent. School sites identified in a PUD may be adjusted as a minor amendment by condemnation or in accordance with an agreement executed by the appropriate school district(s) and the applicant, provided that, if the Director determines that adjustment of' schools would create significant park impacts or infrastructure requirements, he may process the amendment as a Major Amendment. Minor adjustments approved by the Planning Director must be in writing within 15 working days of submittal of the application. The Planning Director must forward copies of the approved adjustment to appropriate department heads and the Exhibit "A" -33- Ordinance No. 5092 Lakeland Planned Unit Development applicant. The applicant may appeal the Director's decision pursuant to Section 18.70.050. If a minor amendment is approved which affects the official Lakeland Plan Map, the map shall be revised. The Director shall keep the current map on file. B. Adjustments that are not minor as defined in Subsection A are considered Major Amendments and will be processed in the same manner as a new PUD application. If a Major Amendment affecting the official Lakeland Plan Map is approved, the Map and Exhibit B hereto shall be amended to reflect the change. If a Major Amendment changing conditions of approval is adopted, Exhibit A hereto shall be amended to reflect the change. C. Any change in the exterior boundaries of the PUD or an increase in the total permitted dwelling units above 3,408 shall require a rezone. D. The following approvals require a Comprehensive Plan amendment: 1. An increase in the total number of permitted dwelling units above 3,408; 2. An increase in the permitted number of high density multi-family dwelling units (i.e., more than 850 units) 3. An increase in the acreage permitted for light commercial development (i.e., more than 20 acres). 4. A Major Amendment to the external boundaries of the medium density or high density planning areas. 5. A reduction in required open space (i.e., below 153 acres). Section 18.XX. 180 Property Owner's Association. If common open spaces or private streets are deeded to a property owners association, then the applicant shall submit a declaration of the covenants and restrictions that Exhibit 'A' -34- Ordinance No. 5092 Lakeland Planned Unit Development create and govern such an association as part of the site plan or preliminary plat approval. The provisions must include, but are not limited to, the following: 1. The property owners association must be established prior to the final plat approval or the approval of any occupancy permit related to the site plan. 2, Membership must be mandatory for each property owner affected by the common space or private street and any successive buyer. 3. The association assumes responsibility for liability insurance, local taxes, and the maintenance of common open spaces, private streets, recreational and other communally owned facilities. A financial plan shall also be submitted that outlines the anticipated expenses and revenues needed to implement the plan over a minimum of a ten (10) year period. 4. Members must pay a pro rata share of the association's cost; the assessment levied by the association can become a lien on the property. The association must be able to adjust its assessment fees relative to changed needs and conditions. Exhibit "A" Ordinance No. 5092 Exhibit A - Lakeland PUD Lakdand PUD Conditions of Approval aS of April 22, 1998 1. The Auburn Heating Examiner has jurisdiction to; consider and decide the issues presented by this request. 2. The applicant has established that the proposed major amendment to the unclassified use permit allowing a reduction in size of the previously approved gravel mining operation is consistent with surrounding uses, and can be made compatible with surrounding uses if conditions of approval contained hereinafier are strictly followed. The applicant has also satisfied the requirements of the Auburn City Code such that a planned development district may be approved for the entire 685 acre site. The applicant has established that the criteria set forth in Parkridge v. Seattle, supra, are hereby met such that a zone reclassi~cation from General Use to Planned Unit Development District (PUD) may be granted. 3. The Final Environmental Impact Statement is adequate and addresses not only probable, but potential adverse environmental impacts, and provides measures to mitigate said adverse impacts. 4. The major amendment to unclassified use permit UP9-70 as well as the Lakeland Hills South planned development district should be approved subject to the following conditions: 1. Both on-building and off-building signs shall be regulated, installed and designed in accordance with the Auburn City Code 2. Signage, if proposed, shall be limited to one 20-square foot business identification sign at or near the main entry gate on the East Valley Highway and appropriate hazardous area signs along property lines. 3. All applicable requirements of the City of Auburn must be met prior to the issuance of building permits for this proposal. Scope of Mining: 5. The Surface Mining Permit shall be valid for a period of 10 years from June 22, 1993, unless revoked by the City or any other way terminated. If the permit is extended beyond 10 years, a new public hearing must be held to consider the extension. If mining is not completed, the area mined must be reclaimed in accordance with the progressive reclamation plan. If significant changes to the Lakeland Hills south project occur due to abandonment of the mining, a public hearing will be held to evaluate said changes. A:\Coudi~ous~leau.do~ -l' hs$ saved 04/29/1998 7:42 AM 6. The volume of gravel and topsoil to be mined shall not exceed 10 million tons or 7 million cubic yards +/7.5%. Increases in the volumes to be mined greater than that specified above shall require an amendment consistent with Auburn City Code. Surface mining shall be restricted to a 250-acre area consistent with the final surface mining operation site plan. 7. Mining shah occur in 25-acre segments. Prior to commencing operations in a third segment, a previously mined segment must be hydro-seeded and stabilized. A maximum of 50 acres may be prepared for mining or mined at any time. This maximum 50 acres does not include haul roads, storm drainage ponds, and areas specifically designated as equipment storage, stockpiling, and product processing areas. 8. Normal operating hours shall be from 7:30a. m. to 4:30p.m., and rock crushing and screening operations shall only occur between 8:00a. m. and 4:30p.m., Monday through Friday with the following exception: a. During peak periods, operating hours may be extended later and to Saturdays by prior written permission from the City. Prior to granting extended operating hours the City shall consider the impact of extended hours on the Brown family. Any authorization for extended hours shall be limited in duration to a reasonable period of time, and shall not be a blanket authorization for extended hours of operation. Copies of all such authorizations shall be sent to Mr. Brown's residence and he will have an opportunity to object if the extended hours unreasonably interfere with his peaceful enjoyment of his property. However, final determination as to the extended hours will remain with the City. 9. Prior to commencement of any mining, the subject property must be within the jurisdiction of a fire protection district. Operations: 10. Measures shall be taken during mining operations to provide on-site security. Lighting should be provided and building and site design should be considered to reduce opportunities for crime to occur. 11. On-site parking and building illumination shall be shielded in such a way as to prevent light and glare from passing beyond the applicant's property boundary lines. 12. The four 60-foot light towers, and additional 40-foot light towers shall be illuminated only during hours of operations. Lower lighting may be permitted for security and safety providing the illumination shall be shielded in such a way as to prevent light and glare from passing beyond the applicant's property boundary lines. 13. There shall be no blasting, gravel or truck washing, concrete or asphalt batthing, or other activity not specifically identified in the July 21, 1992 Final Environmental Impact Statement permitted. Wheel washing for dust and mud control shall not be considered truck washing for the purposes of this condition. 14. The applicant or operator shall not install underground fuel storage tanks on site. 15. There shall be no new material brought to the site and the applicant shall mine only material, which is within the approved 250 acres of this site. No solid waste including demolition and/or problem waste is to be treated (recycled) on-site or used as fill material. 16. Equipment parking areas shall not be closer than 200 feet to any exterior property line. 17. Solid waste must be disposed of in an approved land fill facility. Erosion Control: 18. Surface discharges shall not be directed onto unprotected or steep (30% or greater) slope areas. Pursuant to Auburn City Code surface discharges may be directed into natural drainage systems and/or drainage courses which have sufficient capacity in steep (30% or greater) slope areas. Energy dissipation is required at all outlet structures where storm drainage is released into a natural drainage course. 19. Erosion control facilities must be installed, and subsequently, inspected and approved by the City of Auburn prior to site clearing for mining. All necessary erosion control facilities must be properly maintained during all phases of site development to prevent debris, dust, and mud from accumulating on the City right-of-way and/or adjacent property. 20. All work associated with stabilizing slopes and other disturbed areas shall be in accordance with Auburn City Code Stormwater: 21. All site development plans and calculations for the surface mining operation shall be consistent with the Auburn City Code 22. Location of storm drainage facilities shall follow the requirements of Auburn City Code drainage regulations and applicable wetland regulations. 23. Storm drainage conveyance systems shall provide means for water quality and quantity control, including but not limited to, catch basins, oil/water separators, or grass-lined swales, prior to discharge. 24. A Hydraulic Project Permit may be required if any work authorized by this Major Amendment Permit is done within waters of the State. A:\Condilionsclean. doc -3- last saved 04/29/1998 7:42 AM 25. As part of the site development plans a downstream analysis (to the White River) must be submitted and approved by the City if any discharge from the site is proposed. Transportation: 26. There shall be no mining haul routes through the Lakeland Hills North subdivision in Aubum. 27. All activities and development shall provide adequate access for emergency vehicles. Buffers and Screening: 28. A 600-foot vegetated buffer shall be maintained between the mining operation and the existing Lakeland Hills North subdivision in Auburn to limit visual, acoustic, and land use conflicts. Haul routes shall connect directly to the East Valley Highway to preclude mining related traffic from interrupting existing residential neighborhoods. There shall be no mining haul routes through the Lakeland Hills North subdivision in Auburn. 29. Topographic changes shall help to obscure views of the proposed operation from the east, west, and south. 30. The applicant shall maintain a natural and/or establish a planted buffer at least 125 feet in width from westem property boundary of the largest continuous ownership block and area where the bulk Of surface mining activity is proposed [see Exhibit 26]. Cuts in this buffer shall be limited as necessary for installation of utility and haul road facilities. Such utility and haul road cuts shall be made such that direct line-of-site impacts are minimized. Should a buffer need to be established, the buffer shall be planted with a variety of hardy evergreen planted material consisting of trees, and/or low and high profile shrubs together with suitable ground cover, such as native grasses. Planted evergreen trees shall have a minimum height of 4' to 6' and shall be planted in at least three rows alternating 15 feet on center. 31. The applicant shall establish a natural or planted visual buffer screen at least 40 feet in width on the northern, western, and southern boundaries of the most western block of property to be mined or used and adjacent to East Valley Highway where the main mining access road is proposed to be cut. Cuts in this buffer shall be permitted f or utilities and roads. Such utility and haul road cuts shall be made such that direct line-of-site impacts are minimized. If the buffer is to be augmented by plantings it shall be planted with a variety of hardy evergreen planted material consisting of trees, low and high profile shrubs together with suitable ground cover, such as native grasses. Planted evergreen trees shall have a minimum height of 41 to 61 and shall be planted in at least two rows alternating 15 feet on center. 32. A 6-foot high cyclone fence shall be constructed around any settling and/or storm drainage ponds constructed on-site. 33. All berms shall be hydro-seeded, fertilized, and planted to insure stabilization during the first growing season after placement. Until such time as vegetation as stabilized on the berm. Other erosion control measures as necessa_ry shall be used. Groundwater Protection: 34. There shall be no groundwater withdrawn for use within the 250 acres of the mining operation unless a hydrogeological study is performed which addresses water quality, quantity, and the effects on existing wells in the area. Such a hydrogeological study must be submitted for review and approval by the City of Auburn. 35. Groundwater seeping into the gravel pit shall be either routed away from or allowed to infiltrate into adjacent areas. Water that is routed away shall not be allowed to contact the gravel mining operation area and shall be routed to infiltration areas where it may recharge the surficial aquifer. If the groundwater cannot infiltrate into adjacent areas, a separate retention/detention system shall be designed and constructed pursuant to design approvals, per the City of Auburn 36. Groundwater monitoring wells shall be placed in appropriate locations around the mining actMty. These wells shall be monitored by a qualified water quality specialist to determine if aquifer contamination is occurring. A biannual report of ground water quality shall be submitted to the Washington State Department of Ecology for review and to the City of Auburn for review and approval. For the purpose of this condition groundwater monitoring wells may be drilled or placed perpendicular to the slope. 37. The Washington State Department of Ecology is in the process of developing "Best Management Practices" (BMPs) for protecting groundwater quality during mining operations. If adopted, and as appropriate, the BMPs shall be implemented on-site. Air Quality Control: 38. Particulate matter (dust) from haul roads shall be controlled using the Best Available Control Technology (BACT) for minimizing dust impacts including covering conveyors, using water sprays where materials fall from one location to another, washing paved roads, and watering unpaved roads, covering truck loads, and wheel washes. 39. A water-mister to retard dust shall be installed at the site of the screening and rock crushing operation. 40. The rock crusher, sorting screen, and conveyors shall at all times be operated in a manner consistent and in compliance with Puget Sound Air Pollution Control Agency Regulations. A:\Conditionscksn.do~ ,5° last ssved 04/29/1998 7:42 AM 41. The main haul road shall be paved a minimum of 1200-feet from the point when it meets the County road. A wheel washer shall be placed such that the wheels are washed before the trucks roll onto the main haul road pavement. 42. All interior haul roads, operation areas and stocl~pile areas shall be maintained in a dust flee condition by watering as necessary. 43. Aggregate stockpiles shall be maintained in as near a dust free condition by either sprinkling or covering. 44. Adequate water shall be maintained on-site to accomplish dust control as required herein. Noise Pollution: 45. Noise emanating from the site shall be regulated and abated in accordance with Auburn City Code In this regard, all properties which abut the property boundary lines of this site shall be considered to be "EDNA" Class A classification as residential in nature. 46. The mining operator shall construct berms or place product stockpiles around the rock crushing, screening, and wood chipping equipment to minimize noise propagation. 47. The rock crushing, screening, and wood chipping equipment will be located no closer than 900 feet from the nearest property line. 48. Haul roads shall be regraded on a monthly basis to minimize the banging tailgates and other noise from empty trucks entering the site. Reclamation: 49. Reclamation shall be accomplished in accordance with the Department Natural Resources requirements unless otherwise qualified herein, and the reclamation plan shall be followed. 50. All reclaimed areas shall be hydro-seeded and replanted with at least 4144 trees including Doug Fir (70%), Western Hemlock (25%), Western Red Cedar (5%), and 456 native deciduous trees including California Black Oak (40%), Norway Maple (30%), White Poplar (20%), and European Mountain Ash (10%). NOTE: all percentages are plus or minus. Any plantings required on Puget Power property must be consistent with Puget Power's vegetation management program. Compliance: 51. If at any time during the life of this permit, an alleged violation of any of the conditions of the permit is brought to the attention of the City, an investigation shall be made by the City and any violation shall be processed consistent with Auburn City Code REGULATORY REOUIREMENTS -- LAKELAND HILLS PLANNED UNIT DEVELOPMENT DISTRICT: Proposed Land Uses: 52. The Planned Unit Development District (PUD) shall be developed in phases over a period of 10 to 15 years from June 22, 1993. The final phase of the Planned Development District shall be commenced within the 15-year period proposed. Extensions may be granted by the City when deemed appropriate. 53. Each individual single family residential subdivision, shall be required to undergo preliminary and final plat approvals in accordance with the most current version of the Auburn City Code and other applicable regulations. Supplemental environmental review may be required for each separate proposal. 54. The total number of dwelling units allowed within the Lakeland Hills Planned Unit Development District shall be limited to 3,408. 55. Twenty-four (24%) percent of the PUD shall be retained as parks, and/or open space, 71 acres of which shall be set aside for parks, trails and recreational open space areas not including the area set aside for schools. A system of sidewalks and trails shall be developed to facilitate pedestrian, bicycle and possibly equestrian movement through out the project. 56. The PUD shall include areas suitable for both passive and active recreation areas. 57. Commercial use shall be located in internal activity nodes to help prevent the development of strip commercial developments on or off-site, as indicated on the preliminary development plan. 58. Phased construction of the PUD shall be accomplished in such a way as to insure the leading edge of the residential community is visually and acoustically buffered from the existing mining operation. Transportation: 59. The applicant's off-site traffic mitigation for Pierce County shall be provided as indicated in the document entitled "Lakeland Residential Planned Development District Mitigation Agreement" executed between Pierce County and Henderson Development Inc. on May 30, 1995. The applicant's off-site traffic mitigation for Auburn shall be provided as indicated in the document entitled "First Amendment to Lakeland Annexation and Utilities Agreement" executed between Auburn and The Lakeland Company on A:\Conditionscle,ndoc -7- last saved 04/29/1998 7:42 AM Environmentally Sensitive Areas: 60. Supplemental analysis performed in conjunction with future subdivision or other development applications, should confirm the quality of on-site habitat and presence or absence of species of concern that probably would be affected by such development. These analyses shall also consider realignment of roads to avoid wetlands, set aside wetland areas and appropriate buffers and setbacks using the most current City of Auburn guideline/regulations for these features; and strategic placement of parks to incorporate wetland areas and significant large diameter trees. 6 1. Habitat considerations shall be incorporated into individual site plans, 'through but not limited to, clustering of dwelling units, preserving contiguous blocks of habitat where possible, and using native species in plantings. Significant habitat 'shall be regulated consistent with the applicable requirements of agencies with jurisdiction. 62. Any development application that includes an identified critical area shall comply with the most current version of the Aubum City Code and Comprehensive Plan. 63. No residential structures shall be placed in high water zones unless high water table levels can be mitigated. Any roadway designs proposed in high water zones shall ensure that the locations are appropriate and the necessary engineering is performed. 64. Water system improvements shall be designed, located, and constructed to avoid significant adverse environmental impacts. Commercial and residential developments shall be required to utilize the most up-to-date 'methods of water conservation. Stormwater and Groundwater: 65. Site Development Plans for each phase of development shall be consistent with the most current version of the Auburn City Code and Comprehensive Plan, and shall maximize the use of retention systems whenever possible. The plans shall be consistent with the Final Storm Drainage Master Plan. The plans shall be consistent with the Final Storm Drainage Master Plan. 66. Location of storm drainage facilities shall follow the most current requirements of the Auburn City Code, and applicable wetland regulations, and other applicable ordinances. 67. Storm drainage conveyance systems shall provide means for water quality and quantity control including but not limited to catch basins, oil/water separators, and/or grass-lined swales, prior to discharge. Erosion Control: 68. A temporary erosion and sedimentation control plan must be submitted to the City as part of any future site development plans. 69. The temporary erosion control plan must include erosion control measures for development of any project up through completion of all structures. 70. Erosion control facilities must be installed, and sdbsequently, inspected and approved by the City prior to site clearing. All necessary erosion control facilities must be properly maintained during all phases of site development to prevent debris, dust, and mud from accumulating on the City right-of-way and/or adjacent property. 71. All work associated with stabilizing slopes and other disturbed areas shall be in accordance with Section 8-01 of the 1988 Standard Specifications for Road, Bridge, and Municipal Construction, or the latest version thereof, unless approved otherwise by the City. Construction: 72. Emissions from construction equipment and trucks shall be kept to a minimum by Using relatively new and well maintained equipment, and by avoiding prolonged periods of vehicle idling and use of engine powered equipment. 73. Construction materials trucked to the site shall be scheduled to minimize congestion during peak travel times. This will minimize secondary air pollution caused by traffic having to travel at reduced speeds. 74. Particulate matter (dust) produced during construction phases shall be controlled by watering roads, and paving or graveling high use construction roads. 75. Construction noise shall be kept to a minimum by the utilization of mufflers, engine intake silencers, engine enclosures, turning off idle equipment, and restricting hours of construction activities from 7:30a.m. to 5:00p.m., Monday through Saturday. 76. Stationary equipment shall be placed as far away from sensitive receiving locations as possible. Where this is infeasible, or where noise levels exceed 'EDNA Class A Classification portable noise barriers shall be placed around the equipment with the opening pointed away from the sensitive receiving property. 77. Construction vehicles shall not travel through Lakeland Hills North nor other residential areas unless no other access is available. In no case shall construction vehicles travel through Lakeland Hills North once direct access is available ~'om the site from East Valley Highway. 78. Measures shall be taken during construction activities to provide on-site security. Street lighting should be provided for residential and commercial developments and building and site designs should be considered that will reduce opportunities for crime to occur. A:\Condifionsclean, doc -9- last saved 04/29/199g 7:42 AM 79. During construction of the phased residential development disturbed areas shall be re- vegetated during the next growing season. 80. A fire prevention plan shall be developed for the construction activities, particularly for areas storing flammable materials, and submitted'to the City or review and approval prior to beginning operations. Noise and Air Impact Controls: 81. Noise emanating from the site shall be regulated and abated in accordance with the Auburn City Code. In this regard, all properties which abut the property boundary lines of this site shall be considered to be "EDNA" Class A classification as residential in nature. 82. Methods to significantly reduce impacts from outdoor noise such as insulation, airtight exteriors, and thicker walls, windows, glass, and ceilings shall be incorporated into building designs of structures located within 250 feet of the east-west corridor road right of way. 83. Measures to reduce noise impacts shall be incorporated into site and building designs located within 250 feet of the right way including, but not limited to, larger setbacks from arterial roads, orienting courtyards or public areas behind buildings as far as feasible from traffic and limiting areas where heavy truck traffic is permitted. 84. Potential air quality impacts from residential wood burning in the proposed PUD shall be minimized by controlling the number 'and density of such devices that are permitted. Public Safety: 85. Development of a community crime prevention program should be encouraged to help mitigate some of the impacts of police services. 86. All commercial and residential buildings shall be planned and designed to facilitate fire prevention. Single and multi-family homes shall be built with rated roofs. 87. Multi-family and commercial developments shall incorporate alarms and sprinkler systems into their designs consistent with the requirements of Auburn City Code. 88. The site shall be developed under unified control and any division of the property within the PUD shall be subject to the Auburn City Code. 89. There shall be no groundwater witMrawn for use within the PUD unless a hydrogeological study is performed which addresses both water quality, quantity, and the affects on existing wells in the area. Such a hydrogeological study must be submitted for review and approval by the City. 90. Facilities should be designed to accommodate recycling. Space should be provided to accommodate the storage of these materials at centralized locations. 91. To decrease the impact of single occupancy vehicle trips added to the City road systems and State highway, property owners shall institute a fide-sharing program through its homeowner's association established pursuant to recorded CCRs on the property. The fide-sharing program shall include at least one information system for each plat and multi- family project such as a commuter board or telephone answering service to facilitate matching riders with vehicles. Participation in the ride-sharing program among residents shall be voluntary. The homeowner's association will provide an annual report to the City as to the effectiveness of the fide-sharing program. 92. In the formal plat submitted for that portion of Lakeland Hills South that abuts 182nd Avenue East, the first set of lots east to west shall have a minimum lot size of one half acre. The second two sets of lots east to west shall have a minimum lot size of 15,000 square feet. If the zoning east of 182nd is intensified, this condition will be reevaluated. The applicant shall provide a 50-foot-wide screening greenbelt easement along 182nd Avenue East. A note shall be established on the face of the plat when such plat is approved which states "The 50-foot screening greenbelt easement shall be maintained by the lot owners therein with the restriction of no driveways or structures permitted thereon, and no trees to be cut unless diseased or considered dangerous. Septic tank drain fields shall not be permitted within the required screening greenbelt." If for any reason the screening greenbelt are disturbed or should trees need to be removed because they are considered diseased or dangerous, the applicant shall within the 50-foot wide screening greenbelt replant evergreen trees with a minimum planting height of 4 feet. The trees shall be planted 15 feet on center. if disturbed, the 50-foot greenbelt shall also be seeded with a drought resistant grass species. The applicant shall be responsible for maintaining and for replacing, if necessary, any tree which dies within two years of planting. Thereafter, maintenance and replacement responsibilities shall be that of the adjacent lot owners. A:\Conditioascl, u.doc - l 1 - last stve, aJ 04/~/Lqgl ~..4~ .akM