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Home My WebLink About5546 ORDINANCE NO. 5 5 4 6 AN ORDINANCE OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, AMENDING THE LAKELAND SOUTH PLANNED UNIT DEVELOPMENT (PUD) FINAL DEVELOPMENT MAP APPROVED IN ORDINANCE 5092 ON MAY 4, 1998 TO INCLUDE RELOCATION OF SCHOOL SITES, PARK SITES, SENIOR RESIDENTIAL HOUSING SITES AND COMMERCIAL SITES FOR PROPERTIES KNOWN AS LAKELAND SOUTH THAT ARE LOCATED IN THE CITY OF AUBURN IN PIERCE COUNTY. WHEREAS, the City Council approved the "Official Lakeland Plan Map" (Final Development Plan)in Ordinance 5092 on May 4, 1998; and Whereas, Evergreen Tucci Partners requested certain amendments to the "Official Lakeland Plan Map" (Final Development Plan) to include the relocation of school sites, park sites and senior residential housing sites and commercial sites to the Lakeland South Planned Unit Development (PUD) located in the City of Auburn in Pierce County; and WHEREAS, pursuant to Auburn City Code Section 18.76.130 a public hearing was held April 17, 2001; and WHEREAS, the Auburn City Council approved the recommendations of the Hearing Examiner on May 7, 2001 and does adopt the findings of fact, conclusions of law and decision of the Hearing Examiner approving amendments to the "Official Lakeland Plan Map" (Final Development Plan) to Ordinance 5446 May 21, 2001 Page ! include the relocation of school sites, park sites and senior residential housing sites and commercial sites to the Lakeland South Planned Unit Development (PUD) located in the City of Auburn in Pierce County; and WHEREAS, the map amendments as approved are set forth in Exhibit "A" attached hereto and by this reference made a part hereof; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS Section I. Purpose. Approves the recommendation of the Hearing Examiner to amend the Lakeland South Planned Unit Development (PUD) Final Development Plan map for relocation of school sites, park sites, senior residential housing sites and commercial sites as set forth in the Hearing Examiner's findings of fact, conclusions of law and decision. Section 2. Adoption and Approval. The Auburn City Council does hereby adopt the following findings of fact, conclusions of law and decision of the Hearing Examiner: FINDINGS OF FACT Evergreen Tucci, the owners of the Lakeland South PUD, have requested some amendments to the "Official Lakeland Plan Map" (Final Development Plan) that is adopted as part of Chapter 18.76, the Lakeland South PUD, of the Zoning Code. The amendments as proposed fall under the review of the Hearing Examiner, pursuant to Section 18.76.130, who then makes a recommendation to the City Council. Ordinance 5546 May 21, 2001 Page 2 The first map amendment includes a future park site entitled Park "1". Park 1 is located in the northwest portion of the PUD. The park is not yet dedicated to the City or constructed. It is proposed to move the majority of park "1" to the west side of Lakeland Hills Way and north of the community center. The park will provide an entrance feature to the PUD, as well as act as a trailhead to the recreational trail that will be constructed along a utility easement that will run south through the development. The second amendment includes a senior residential site that is proposed at the southwest corner of Lakeland Hills Way and Lakeland Hills Loop Road. The amendment would move the senior residential site north across the street to where a school site is proposed. The school site would then be re-located to the site where the senior residential site moved from. The third amendment includes 3 actions. A small commercial area on the west side of the loop road adjacent to the school/senior site is proposed to move to the northeast corner of the Lakeland Hills Way and Lake Tapps Parkway intersection. A related amendment in the area will increase the open space area on the west side of the PUD. This is basically steep property that is not going to be developed. The third action is to move a school designated site that is located between the Parkway and the Loop Road to the eastern portion of the PUD south of the road labeled as "Sumner Tapps Extension". The fourth amendment involves the commercial area and multi-family area on the south side of the Lake Tapps Parkway. The amendment would move 0.7 acres from the commercial area to the multi-family area. The fifth amendment is the establishment of a five acre commercial area at the northeast corner of the Lakeland Hills Way and Lake Tapps Parkway intersection which was described earlier as part of the third amendment. The sixth amendment establishes a potential school site "S-2" on the eastern portion of the PUD south of the road labeled as "Sumner Tapps Extension" which was described earlier as part of the third amendment. The seventh and final amendment revises the table that summarizes the land uses and acreage that have changed as a result of the map amendments. The Ordinance 5546 May 21,2001 Page 3 most significant change is the increase of the commercial areas from 20 acres to 25 acres. The total number of dwelling units allowed within the PUD did not change. Pursuant to Section 18.76.140 of the Zoning Code, applications for an amendment to the Lakeland PUD shall only be approved if sufficient findings of facts are drawn to support the following: 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 amendments that are being proposed are not that substantive and mainly involve moving land uses around and not increasing the intensity of the PUD. The only exception is a 3-acre increase in the commercial areas. All of the above mentioned items have been adequately provided for. 2. The proposed major amendment to the PUD is in accordance with the goals, policies and objectives of the Comprehensive Plan. The Lakeland South PUD is now consistent with the City's Comprehensive Plan. These amendments are not significant and therefor the PUD will remain consistent with the Comprehensive Plan. 3. The major amendment is consistent with the purpose of 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 subdivisions standards. The Lakeland South PUD is now consistent with the purpose of the chapter. These amendments are not significant and will remain consistent with the purpose of the Lakeland South PUD. 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. Ordinance 5546 May 21,2001 Page 4 There is no evidence that any of the amendments are inconsistent with any applicable plans of the City. 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 only significant change is adding a 5-acre commercial area to the northwest corner of the Lakeland Hills Way and Lake Tapps Parkway. This is an intersection of two major arterials, which lends itself to being appropriate for commercial use. As this commercial area develops, additional setbacks and landscaping can be incorporated in the site design to address the single family development that could occur to the east. CONCLUSIONS OF LAW The undersigned has concluded that the proposed amendments are not substantive in that the number of dwelling units has not increased, there is a minor increase in commercial areas, and none of the conditions of approval of the original PUD have been impacted. Therefore, it is recommended that the amendments be approved. DECISION For each of the above reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this request is approval. The Auburn City Council does hereby approve the map amendments to the "Official Lakeland Plan Map" (Final Development Plan) as set forth in Exhibit "A" attached hereto and by this reference incorporated herein as if fully set forth. Ordinance 5546 May 21,2001 Page 5 Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. 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 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. May 21, 2001 INTRODUCED: PASSED: May 21, 2001 APPROVED: May 21, 2001 CHARLES A. BOOTH MAYOR Ordinance 5546 May 21, 2001 Page 6 ATTEST: Danielle E. Daskam City Clerk APPROVED AS TO FORM: City Attorney Ordinance 5546 May 21,2001 Page 7