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HomeMy WebLinkAbout6028 I IItII I1pI~R5IIAII III Lrlfill Ylpl11 MINI II III 4Q[Ik tW~Y~9~PiNl~~1 ~5 Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 1. Amended Planned Unit Development Final Development Plan (Ordinance 6028) Reference Number(s) of Documents assigned or released: NONE ^Additional reference #'s on page of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) CITY OF AUBURN Grantee/Assignee/Beneficiary: (Last name first) Evergreen Tucci Partners, LLC Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Lakeland Hills South PUD ^Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number 0520053015,0520053040,0520053028,0520052037,0520053034,0520053016,0520053035, 0520052035,0520056022,0520053052,0520053006,0520052039,0520056017,0520052036, 0520053053, 0520053041, 0520051036, 0520052034, 0520056014, 0520051001, 0520056015, 0520056036 ^ Assessor Tax # not yet assigned `}'O ORDINANCE NO. 6028 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING A MAJOR AMENDMENT TO THE LAKELAND HILLS SOUTH PLANNED UNIT DEVELOPMENT FINAL DEVELOPMENT PLAN WHEREAS, the City of Auburn received an application from Evergreen- Tucci Partners to amend the Final Development Plan for the Lakeland Hills South Planned Unit Development on December 21, 2005; and WHEREAS, on March 21, 2006, the Hearing Examiner conducted a duly noticed public hearing on the matter and on May 1, 2006, issued a decision recommending the City Council approve the major amendment, subject to conditions; and, WHEREAS, final approval is appropriate for City Council action; and WHEREAS, based on the review given this matter by the Hearing Examiner, the City Council hereby makes and enters the following: FINDINGS OF FACT 1. The Applicant requests a major amendment to an existing PUD, the Lakeland Hills South PUD Final Development Plan. The Applicant seeks to make six amendments to the PUD. Amendments include deletion of a school site, changes from single-family residential to moderate density residential, revisions to the land use table, and designation of recently acquired property as moderate density residential. 2. Lakeland Hills South is a Planned Unit Development District (PUD) that was established by Pierce County's approval of the Lakeland Hills South Planned Development District. The PUD was accepted by the City as an approved PUD in 1998. The purpose of a PUD is to offer enhanced flexibility to develop a site through innovative and alternative development Ordinance No. 6028 May 11 , 2006 Page 1 standards while providing higher quality development and more public benefits. 3. The Lakeland Hills PUD originally contained 685 acres, allowing for a total of 3,408 dwelling units (du) within the PUD. In 2004-2005, the PUD was amendment to allow for a total of 3,658 duo Since the original and amended PUD approval, road systems, utility infrastructure, and parks have been developed that are sufficient to support the anticipated density. Currently, due to land and market conditions, it appears that the existing PUD would not allow all the units allowed under Lakeland Hills PUD's projections. Without a modification in density, the PUD would need additional acreage in order to achieve the allowed residential density. 4. The development of Lakeland Hills is guided by a Final Development Plan to which all plats must conform. This document has been amended several times to reflect changes to proposed development including the acquisition of additional acreage, infrastructure funding, and residential density allocations. 5. The Applicant proposes six amendments: a) Deletion of School Site S-2 (8 acres), addition of this site to Area 7 (Residential 2-4 du/acre) b) Modification of Area 7 from Single Family Residential (SFR) to Moderate Density Residential (MDR), 2-14 du/acre c) Modification of Area 8 from SFR to MDR 2-14 du/acre d) Modification of Area from SFR to MDR 2-14 du/acre e) Revision of the Land Use Table to reflect map changes f) Designation of Area 16 as MDR 2-14 du/acre 6. The first proposed amendment seeks to delete an eight acre school site. The site is located within the western portion of Area 7. According to the Applicant, the Auburn School District determined that the site is too small to suit their building needs. Deletion as a school site would transfer the acreage to Area 7, making it available for residential development. 7. Proposed Amendments 2,3,4, and 6 seek to change the current land use designation of Single Family Residential (SFR) to Moderate Density Residential (MDR), 2-14 du/acre. Amendment 2 pertains to Area 7, Amendment 3 to Area 8, Amendment 4 to Area 9, and Amendment 6 to Area 16. The Applicant asserted that the change would allow densities consistent with the site's Comprehensive Plan designation of Moderate Density Residential. Ordinance No. 6028 May 11, 2006 Page 2 8. The final proposed amendment seeks to revise the Land Use Table to reflect the proposed changes. 9. Area 7 is located within the southeastern corner of the PUD. This area has utilities, access from an arterial, and access to park facilities. The change to MDR would benefit the community by maximizing the number of units within the PUD and provide a mixture of residential densities and types. Higher density is needed to develop the site given the steep slopes and gas pipeline easement which bisects it. The MDR designation would facilitate the City's Comprehensive Plan by providing a transition from SFR to more intensive designations, such as the commercial area located at the intersection of Lakeland Hills Way and Lake Tapps Parkway. 10.Areas 8 and 9 are located within the northeastern portion of the PUD. These areas have utilities, access to park facilities, and adequate arterial access. The western edge of Area 8 abuts Area 4, which is designated as MDR 2-14 du/acre, and a change to MDR would provide compatibility with this adjacent land use. The site is buffered by a Bonneville Power Association (BPA) easement and wetlands/wetlands buffers. The change to MDR would benefit the community by fully utilizing properties served by utilities and having access to parks and arterials. The MDR designation would also serve to provide transition between surrounding SFR and the higher intensity uses in the core of the Lakeland Hills PUD. 11. The designation of Area 16 as MDR would be consistent with the densities of adjacent PUD areas and would allow a density which would accomplish the goals and objectives of the PUD. Infrastructure improvements developed within the PUD itself would provide beneficial services to Area 16. As with Areas 7, 8, and 9, the MDR designation would provide a buffering between SFR and more intense uses. Such buffering is appropriate along arterials and between commercial and SFR areas. 12. A Final Environmental Impact Statement (EIS) was issued for the Lakeland Hills South PUD in 1992. On March 31,2006, after review of the requested amendments, the City issued an Addendum to the Final EIS for the Lakeland Hills South PUD with no modifications to the Final EIS mitigation measures. 13. The Applicant sought to include two recently acquired parcels within the PUD. A 2.52 acre parcel of land labeled the "Walker Parcel" (Pierce County Tax Parcel 0520056015) and a 0.83 acre parcel of land labeled Ordinance No. 6028 May 11 , 2006 Page 3 the "Sundemann property" (Pierce County Tax Parcel 0520056036). These parcels were not included within the original Lakeland Hills PUD. Pursuant to ACC 18.76.170, the Planning Director has the authority to approve 'minor adjustments' to the Lakeland Hills South PUD. Adjustments are minor if the do not affect permitted densities, change the basic character or condition of the PUD, or increase/decrease the perimeter boundaries by more than ten percent. The Walker and Sundemann parcels account for less than ten percent of the overall proposed plat and development, at the proposed density, would not increase the permitted density. Based on these factors, on January 26, 2006, the Planning Director approved the minor adjustment, amending the Lakeland Hills South PUD Agreement to reflect the inclusion of the Walker Parcel and on April 22, 2006, the Planning Director approved the inclusion of the Sundemann Parcel. 14. Notice of the public hearing was posted on the property on April 10, 2006. Notice of the public hearing was mailed to all property owners located within 300 feet of the affected site on April 10, 2006. Notice of the public hearing was published in the King County Journal on April 7, 2006. The notice provided in this matter erroneously stated that the property was "generally located between 52nd street SE to the north ... "; the property is located south of "62nd Street SE." 15. No public comment on the PUD major amendment was received in advance of the hearing nor was public testimony presented at the hearing. 16. The major amendment to the Lakeland Hills South PUD Final Development Plan and a preliminary plat for Lakeland Hills (PL T05-0006) were consolidated into one proceeding at the public hearing. 17.Pursuant to ACC 18.76.170(B), a major amendment to a PUD is any adjustment that is not defined as "minor" in ACC 18.76.170(A). A request which would increase/decrease the perimeter boundaries of the planning area as shown on the official plan map for the PUD by more than 10 percent is considered a major amendment as is an amendment which would increase the overall density by more than 10 percent. The City determined that the Applicant is requesting a major amendment to the PUD because the amendment is intended to reflect the PUD's land expansion recognized in the 2004 Comprehensive Plan updates, subsequent land purchases, and changes to the overall character of the PUD. Ordinance No. 6028 May 11, 2006 Page 4 18.ACC 18.76.020 states that the approval process for a major amendment to the Lakeland Hills South PUD requires 3 steps: (1) recommendation by the hearing examiner and final approval of the major amendment by the city council utilizing the rezone process specified in ACC 18.68; (2) approval of a preliminary plat and/or site plan; (3) approval of the final plat by the city council. 19.ACC 18.76.020(A) requires a major amendment to establish the land uses, density, number and types of dwelling units, number and distribution of lots/units, any modification of plat development standards, general street layout, street right-of-way widths, whether streets are public or private, the amount, type, and location of open space and park land, phasing plans if any, and the responsibilities of the owner/developer. If there is no specific proposal, the major amendment shall establish these parameters to the extent possible. Although the Applicant has submitted a preliminary plat application for some of the area involved in this amendment (see PL T05-0006), no specific proposal is being presented. Therefore, only land use and densities (residential 2 - 14 du/acre) is being addressed at this time and all other items would be reviewed through plat and/or site plan approval. CONCLUSIONS OF LAW 1. The proposal contains adequate provisions for the public health, safety, and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, or sites for schools. Since the original and amended PUD approval, road systems, utility infrastructure, and parks have been developed that are sufficient to support the authorized number of residential dwelling units. The proposed amendments will not affect the overall type of development occurring within the PUD, only the distribution within the PUD. Provisions for streets with sidewalks for pedestrian safety, including safe walking for school children and payment of school, traffic, and fire impact fees will be addressed at the time of plat and/or site plan approval. The development will be served by City of Bonney Lake water and City of Auburn sanitary sewer. 2. The proposal is in accordance with the goals, policies, and objectives of the comprehensive plan. The proposed amendments would be consistent with the goals, objectives, and policies of the City's Comprehensive Plan. The intent of the amendments is to ensure consistency between the PUD's Final Development Plan and the Ordinance No. 6028 May 11 , 2006 Page 5 Comprehensive Plan Map. The amendments would implement and promote the Comprehensive Plan. 3. The proposed major amendment is consistent with the purpose of ACC 18.76, provides for the public benefits required of the development of PUDs and does not result in only increasing the number of units that would otherwise be attained through a development using the existing zoning and subdivision standards. The proposed major amendment reflects density allocations that were approved by the Auburn City Council during the 2004-2005 Comprehensive Plan Amendment process. The change to MDR would benefit the community by fully utilizing properties served by utilities and having access to parks and arterials. The MDR designation would also serve to provide transition between surrounding SFR and the higher intensity uses in the core of the Lakeland Hills PUD. All development within the PUD must be consistent with the Final Development Plan. 4. The proposed major amendment conforms to the general purposes of other applicable policies or plans which have been adopted by the City Council. 5. The approval will have no more of an adverse impact upon the surrounding area than the approved Lakeland Hills South PUD as shown on the official Lakeland plan map. The primary intent of the major amendment is to modify the official Final Development Plan (or, the Lakeland Plan Map). The amendments would include two small parcels of land (less than 5 acres) that would be surrounding by the PUD if not included. The amendments would not increase previously approved density, so no greater impact is expected in the surrounding area. The City conducted environmental review, and issued an Addendum to the Final EIS with no modifications to mitigation measures. NOW THEREFORE, Based on the foregoing Findings of Fact and Conclusions, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Approval. The requested Major Amendment to the Lakeland Hills South Planned Unit Development Final Development Plan, is hereby approved, subject to conditions: Ordinance No. 6028 May 11, 2006 Page 6 1. Future development within the PUD shall require individual environmental review in accordance with Washington's State Environmental Policy Act (SEPA), RCW 43.21 C), and individual project conditioning. SEPA review and project conditions will be through the appropriate mechanism for the type of development proposed (i.e. preliminary plat, binding site plan). 2. The Applicant shall enter into an amended agreement for the Lakeland Hills South PUD prior to the Revised Final Development Plan becoming effective. 3. The legal description for the "Walker Parcel" and the "Sundemann Parcel" shall be added as an addendum to the Final Development Plan for Lakeland Hills PUD. Section 2. Constitutionality or Invalidity. If any section, subsection clause or phase of this Ordinance is for any reason held to be invalid or unconstitutional such invalidity unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance, as it is being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed adopted and approved and ratified irrespective of the fact that nay one or more section, subsection, sentence, clause or phase be declared invalid or unconstitutional. Section 3. Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this Ordinance to be recorded in the office of the Pierce County Auditor. Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Ordinance No. 6028 May 11, 2006 Page 7 Section 5. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. :&8T aJ:ti ~ Dan lie E. Daskam, City Clerk PETER MAYOR r ~~6Mt1-t /~ L C/O 0 Ordinance No. 6028 May 11 , 2006 Page 8 ---