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Home My WebLink About6023 ~~W\ U-)-L\ ~ ~-- \'d. 1 \ 111\\1 \\1\\ 11\\\ 11\\11\\\\ 11\\11\\\\ 11\1\ 11\\\ 11111 \\\11 1111\ \111 111\ 200606080308 9 PGS 06/08/2006 11 :09am $40GT,00 PIERCE COUNTY I WASHIN ON 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): Conditional Use Permit (Ordinance 6023) Reference Number(s) of Documents assigned or released: DAdditional reference #'s on page _ of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) Auburn, City of Grantee/Assignee/Beneficiary: (Last name first) 1. Lakeland Town Center LLC Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) That portion of Lots 1 and 2 of City of Auburn Short Plat Recorded under 200108160470 ~ Additional legal is on page 9 of document. Assessor's Property Tax Parcel/Account Number 052006-8002 D Assessor Tax # not yet assigned $\40 ORDINANCE NO.6 0 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO ALLOW FOR A DRIVE THROUGH RESTAURANT ON PROPERTY ZONED PLANNED UNIT DEVELOPMENT (PUD) DISTRICT - LAKELAND HILLS SOUTH SPECIAL PLAN AREA ZONE, LOCATED AT THE WESTERLY CORNER OF THE LAKELAND TOWN CENTER, WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, Application No. CUP06-0002 dated February 14, 2006, was submitted to the City of Auburn, Washington, by Dennis Rattie, Development Manager, with The Lakeland Town Center LLC for a Conditional Use Permit for property zoned Planned Unit Development (PUD) District - Lakeland Hills South Special Plan Area Zone, located within the Lakeland South Planned Unit Development., within the City of Auburn, Washington, hereinafter described below and as identified on Exhibit "A" attached hereto and incorporated in this Ordinance by this reference; and WHEREAS, said request above referenced was referred to the Hearing Examiner for study and public hearing thereon; and WHEREAS, the Hearing Examiner, based upon staff review, held a public hearing to consider said petition in the Council Chambers of the Auburn City Hall, on March 21, 2006 and the Hearing Examiner recommended approval of the application on April 4, 2006; and Ordinance 6023 May 1, 2006 Page 1 WHEREAS, the City Council, on May 1, 2006, considered said request and affirmed the Hearing Examiner's decision for the issuance of a Conditional Use Permit to allow for a drive through restaurant on property zoned Planned Unit Development (PUD) District - Lakeland Hills South Special Plan Area Zone, located at the westerly corner of the Lakeland Town Center within the City of Auburn, Washington, based upon the following Findings of Fact and Conclusions of Law and Decision, to-wit: FINDINGS OF FACT 1. The Lakeland Town Center LLC has applied for a conditional use permit that would allow a drive-through restaurant at the "Lakeland Town Center". The Lakeland Town Center is a shopping center located at the southwest corner of the Lake Tapps Parkway and Lakeland Hills Way intersection. The property is zoned "Planned Unit Development (PUD) District - Lakeland Hills South Special Plan Area Zone" and is within the Lakeland South Planned Unit Development. 2. The Lakeland South PUD district permits non-residential uses under the provisions of Auburn City Code (ACC) Section 18.76.040(B), which defers to ACC Chapter 18.26. ACC Chapter 18.26 (the C-1, Light Commercial district) allows for restaurants, but requires that facilities with a drive- through obtain a conditional use permit (ACC Section 18.26.030(F)). 3. The subject property is developed with a "Top Foods" grocery store and three multiple tenant buildings with partial occupancy. The overall site is approximately 12.48 acres. The proposed drive through restaurant wourdbe located on 38,447 square feet retail pad. 4. ACC Section 18.76.070(D) defines architectural design guidelines requirements for non-residential projects in the Planned Unit Development (PUD) District - Lakeland Hills South Special Plan Area Zone. These standards will apply to the subject proposal and will be subject to approval by the Planning Director through Ordinance 6023 April 25, 2006 Page 2 review of a design plan. Review of the design plan will occur subsequent to the completion of the conditional use permit process. 5. ACC 18.76.01 O.B seeks to provide for pedestrian oriented communities through the PUD process. ACC 18.76.070.C recognizes the importance of pedestrian connections and maintenance of pedestrian corridors. The city will work with the applicant through the plan review and design process to provide a sidewalk along the eastern limits of the project area for pedestrian connections from Lake Tapps Parkway to the proposed sidewalk that traverses the parking lot and from the proposed sidewalks at the building face to the pedestrian access corridor proximate to the southern limits of the project area. The sidewalk shall be consistent in design width and material with existing sidewalks developed within the Lakeland Town Center. 6. An approved business license registration will be required of the drive through restaurant prior to conducting business at the subject location. 7. At the time of the public hearing, the applicant indicated some objection to the recommended staff condition relating to landscaping which is 10' wide to mitigate the impacts of vehicle emissions from vehicles waiting in line. The applicant intended to landscape, but offered several reasons for a different landscaping approach other than that recommended by staff. On December 20, 2002, the staff received a fax from Apex Engineering, Jeffrey D. Mann project manager concurring with the recommended landscape condition and withdrawing the previous objection. 8. The contents of the case file, CUP06-0002, for this project are hereby incorporated by reference and made part of the record of this hearing. CONCLUSIONS OF LAW The Hearing Examiner has concluded, based on the staffre-commerrdation, a~view of the site, and the testimony at the public hearing, that the conditional use permit should be approved in that it is consistent with the following criteria necessary to grant the permit as outlined in ACC Section 18.64.040. 1. The use will have no more adverse effect on the health, safety or comfort of persons living or working in the area, and will be no more injurious, economically Ordinance 6023 April 25, 2006 Page 3 or otherwise, to property or improvements in the surrounding area, than would any use generally permitted in the district. It is not anticipated that the restaurant with a drive-through feature will cause any adverse effects to any of the adjoining uses provided that conditions are imposed on the conditional use permit. The original development of the Lakeland Town Center did not include facilities with drive-through components along its exterior limits. The placement of the drive-though window adjacent to the western limits of the Lakeland Town Center lot will cause idling vehicles to queue along the edge of the development. The adjoining development is planned for residential construction. The proposal should be conditioned to provide landscape buffering for the future residential area from the impacts associated with the drive through facility. 2. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. The proposed project site is located within the Lakeland Hills South Special Planning Area of the Comprehensive Plan and the subject site is identified as appropriate for light commercial development. The City of Auburn Comprehensive Plan Land Use Element (Chapter 3) Policies 63 and 64 address the integration of commercial facilities into Special Planning Areas provided that traffic and land use conflicts can be minimized and adequate access by non- motorized modes can be provided. The overall Lakeland Town Center is in compliance with these policies. However, a review of the applicant's site plan shows that improvements to the design of the pedestrian connections from the proposed development to the public right of way could be made to enhance pedestrian orientation and non-motorized travel. 3. The proposal complies with all requirements of the Zoning Ordinance. The proposal complies or is capable of complying with the Zoning Ordinance. 4. The proposal can be constructed and maintained so as to be harmonious and appropriate in design, character, and appearance with the existing or intended character of the general vicinity. The proposal will not alter the character of the lot or building in ways that would be inconsistent or inappropriate with the existing character of the commercial Ordinance 6023 April 25, 2006 Page 4 uses in the immediate vicinity. ACC Section 18.76.070D.6 requires adherence to several design criteria intended to provide consistent design themes through out the commercially developed site. Additional conditions beyond those elements required by all commercially developed properties in this zone are not required. 5. The proposal will not adversely affect the public infrastructure. The conditional use permit application has been reviewed by various city departments. There is no indication that public infrastructure would be affected by the proposal. DECISION Based upon the application and Findings of Fact and Conclusions, a view of the site, and the evidence presented at the public hearing, the Hearing Examiner recommends to the City Council approval of the conditional use permit request subject to the following condition: 1. To reduce the potential for vehicle emissions impacting off-site uses, the proponent shall maintain the 10-foot of landscaping shown on the site plan. The landscaped area shall be planted with evergreen trees, not more than 10-foot on-center along those portions of the site that idle vehicles would be queued at the drive-through window. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as Follows: Section 1. Purpose. The above-cited Hearing Examiner's Findings of Fact and Conclusions of Law and Decision, are herewith incorporated in this Ordinance. Ordinance 6023 April 25, 2006 Page 5 Section 2. A Conditional Use Permit is hereby approved to allow for a drive through restaurant on property zoned Planned Unit Development (PUD) District - Lakeland Hills South Special Plan Area Zone, located at the westerly corner of the Lakeland Town Center and identified on Exhibit "A" attached hereto and incorporated in this Ordinance by this reference in the City of Auburn, State of Washington. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invaHdity 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 4. Recording. Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this Ordinance to be recorded in the office of the Pierce County Auditor. Section 5. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 6. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. Ordinance 6023 April 25, 2006 Page 6 INTRODUCED: PASSED: APPROVED: MAY 1 2006 MAY 1 2006 MAY 1 2006 ATTEST: ~ad2I~ Da 'elle E. Daskam City Clerk PUBLISHED: 1~\~ -:~l 2cofo Ordinance 6023 April 25, 2006 Page 7 ~ ,-~ PETER B. LEWIS MAYOR EXHIBIT "A" , . .., . LEGAL DESCRIPTION OF PROPERTY PARCEl LEGAL DESCAPTION lEASE PARCa.. 1 . . ~T PORTION OF LOTS 1 JH) 2 OF COY OF AUBURN SHORT PlAT RECORDED UNDER 1LIOITOR'S FEE: NO." 200106160470 DESCRIBED AS FOl.l.OWS: " " COWENCING AT 1HE NORJlEASr CORNER OF SE"C11ON 7, TOWNSHIP 20 NORJlf, IW<<;E 5 . fAST Of THE Wl.I.NoEJTE WERIlWf IN PIERCE coum', WASHItQ'ON; 'HNCE NORJH 88"03'05" WEST AlONG THE NORIH LIE 1HEREOf A DlSTJHCE OF- 64.79 FEET; . "" - 'HNCE NORJH 01'42'51r fAST 58.88 FEET TO 1HE SOUTHE:AST COfHR OF SAI)" lDT 2;" ltEHCE COH1HJE NORJH 01.42'58" tAST 42tL72 FEET 10 1HE IlEGINNI<<; OF A CUM: " eotaVEWESIERlY. N<<J HAVING AJW)lUS OF 695.OO-fiEl} ". ltEHCE HDIG 1lE ~ OF SAI) CUlM TtfiOOGH A CENJ1W. ANGlE OF 36'4729" FOR A DISTNa OF 446.28 FEET: . 1HENCE -SOUTH 88'45'12" WEST"47.17 FEET 10 1HE SOImiERLY MAAGIN OF lAKE TJ.PPS PARKWAY tAST; 1HENCE SOU1H 5V01'l'J: WEST AI..ONG SIll) WARGIN 275.&2 FEET TO"1lE BEGINNNG OF A CUlM CONCA\f: NPR1lMSlERLY Nf) HWH; A IWlIUS Of 2,05O.QO fEET; 1l-ENCE HDIG 1HE ~ OF SM) CUM: TIflOUGH 1lE CENJ1W. ANGlE OF 09"48'51- A DISTANCE OF 351'.14 fEET 10 TlE.POINT OF IBIIING; , 'HNCE Cllfl'INlM; ILOHG 1lE Nr; Of SAIl ~ lJRJUCH 1HE carnw.. Na.E OF 03"38'12'" A DlSTHa: at=" 130.12 FEET TO TIE NamlIEST CORNER Of w) lDT 2; ltEHCE SOU1H 2721'16" fAST 8.12 FEET 10 A POINT ON A NOH-TAHGENr CUM: CONC.f.VE "NORllERlY, tttMNG A RADIUS OF 2058.00 FEET 1M) TO YH:H POINT A RAIlIAl BfARS SOUTH 17"34'o;r EAST; " " 1lDCE AlONG 1lE Me Of SAID CUlM nRlUGH lllE CEN1lW:. ANGlE Of 00'33'56" A" " DISTANCE OF 20.31 FEET; , 1lDCE SOU1H 2721'1lr- EAST 293.56 FEET; " 1HEHCE NORTH 6Z38"<<- fAST 148.83 FEET; 1lDCE NORIH 2721'1r WEST 280.00 FEET 101HEPOlHT OF BEGINHING.. SI1U\lE IN 1HE CfJY OF AUBURN. COCMIY OF PERCE. STAlE OF WASllNGrON. EASEMENT PARCEl 2 1HOSE E'ASOIENT RIGHtS ESTIaJSHED BY TIE ~ OF CCMlWOS. COHOOIOHS Nf) RESlRk.'OOHS RB:ORDED ~ 2, 2001 UNDER RECORDING NUtB:R 200111020875, SM) fASalENT RIGHtS IDIG CMR PORTIONS OF LOT 2 OF CfJY OF ~ SHORT PlAT RECORDED UNDER RECORDIC tU&R 200106160470. ~