HomeMy WebLinkAboutITEM VII-BCITY OF, .......... ]~ *
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject Date:
Application No. CUP03-0003 7/1/2003
Department: Planning Attachments: H.E. Decision, Staff Budget Impact:
Report, Vicinity Map, Application
Administrative Recommendation:
City Council to approve the conditional use permit based upon the Hearing Examiner's Findings of Fact,
Conclusions and Conditions; and, to instruct the City Attorney to prepare the necessary Ordinance.
Background Summary:
The Hearing Examiner on June 17, 2003, conducted a public hearing on the request of Evergreen Tucci
Partners, LLC, Conditional Use Permit to allow a drive-through drugstore, drive-through restaurant and an
automobile fuel service station on approximately 11.43-acres. The project is located on the southeast
corner of the Lakeland Hills Way/Lake Tapps Parkway East intersection.
Subsequent to the hearing, the Examiner recommended to the City Council approval of the conditional
use permit.
The City Council may now either affirm the Examiner's decision, remand to the Examiner or schedule a
closed record hearing. The Council can only modify or disaffirm the Examiner's decision after conducting
their own closed record hearing.
HE/CUP03-3
L0707-2
O3.10.1
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
[] Arts Commission COUNCIL COMMITTEES: [] Building [] M&O
[] Airport [] Finance [] Cemetery [] Mayor
[] Hearing Examiner [] Municipal Serv. [] Finance [] Parks
[] Human Services [] Planning & CD [] Fire [] Planning
[] Park Board []Public Works [] Legal [] Police
[] Planning Comm. [] Other [] Public Works [] Human Resources
Action:
Committee Approval: I-lYes []No
Council Approval: I-lYes []No Call for Public Hearing / /
Referred to Until / /
Tabled Until / /
Councilmember: Borden Staff: Osaki
Meeting Date: July 7, 2003 Item Number: VII.B
AUBUP, N * MORE THAN YOU IMAGINED
CITY OF
WASHINGTON
Peter B. Lewis, Mayor
25 West Main Street · Auburn WA 98001-4998 · www.ci.auburn.wa.us ~ 253-931-3000
July 1, 2003
EVERGREEN TUCCI PARTNERS LLC
C/O INVESTCO FINANCIAL CORP
1302 PUYALLUP STREET
SUMNER WA 98390
DENNIS RATTIE
DEVELOPMENT MANAGER
TARRAGON
1415 WESTERN AVENUE, SUITE 505
SEATTLE WA 98101
RE: APPLICATION NO. CUP03-0003
Dear Applicants:
Attached is the Hearing Examiner's official recommendation regarding your request that was considered by the
Hearing Examiner on June 17, 2003. The City Council will consider your request on July 7, 2003 in the City
Council Chambers at 7:30 p.m.
You or a representative are requested to be at that meeting to answer any questions the City Councilmembers
might have regarding your proposal.
If you have any questions regarding the attached, please give us a call.
Paul Krauss, AICP
Director
PK:pz
Attachment
CCl
Building Department
Public Works Department
City Clerk
Christopher Huss
HE'DEC\CUP03 -3
A1 IRI II~ NJ, ~nn~: TI]AN] V(31! INA
FINDINGS AND DECISION
OF THE HEARING EXAMINER FOR THE CITY OF AUBURN
APPLICATION:
'APPLICANT:
REQUEST:
LOCATION:
intersection
APPLICATION FILED:
SEPA STATUS:
DATE OF PUBLIC HEARING:
DECISION ISSUED:
DECISION:
STAFF REPRESENTATIVES:
PUBLIC TESTIMONY:
WRITTEN TESTIMONY:
CUP03 -0003
Evergreen Tucci Partners LLC
Conditional Use Permit to allow a drive-through drugstore, drive-
through restaurant and an automobile fuel service station on an
approximately 11.43-acres
Southeast comer of the Lakeland Hills Way/Lake Tapps Parkway East
April 24, 2003
Environmental impacts of the proposal were considered under the
"Lakeland Hills South Mining and Reclamation Plan and Planned
Development District Final Environmental Impact Statement (FEIS)',
issued July 22, 1992 by Pierce County
June 17, 2003
July 1, 2003
Recommend approval
Sean Martin, Planner
Dennis Rattle, Tarragon
Exhibit #1: Case file
INTRODUCTION
After due consideration of the evidence presented by the applicant, all evidence elicited during the public hearing,
and as a result of the personal inspection of the subject property and surrounding area by the Hearing Examiner, the
following Findings of Fact and conclusions shall constitute the decision of the Hearing Examiner on this application.
HE,DEC\CUP03-3 Page 2
Findings and Decision
Application No. CUP03-0003
FINDINGS OF FACT
1. Evergreen Tucci Partners, LLC has applied for a conditional use permit that would allow a drive-through
drugstore, drive-through restaurant and an automobile fuel service station on an approximately 11.43-acres.
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 and has an underlying Comprehensive Plan
designation of Light Commercial.
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-l, Light Commercial
distric0 allows for restaurants and drugstores outright, but requires that facilities with drive-through service
obtain a conditional use permit (ACC Section 18.26.030(F)). Automobile service stations require a conditional
use permit (ACC Section 18.26.030(D)).
The subject property is vacant. Site preparation activities have occurred on the site in the past under separate
city permits. The overall site is approximately 12.48 acres. The proposed project area is located on
approximately 5.19 acres at the northwest comer of the site.
The site contains a large wetland that is protected by a conservation easement, recorded by Pierce County prior
to the annexation of the site into the city of Auburn in the year 2000. The one hundred foot (100') buffer was
designated during that preservation process and remains intact and unaltered under the current proposal.
The land to the east and south (not included in the "Lakeland South PUD) of the subject parcel is zone M~derate
Density Single Family Residential (within Pierce County). The wetland and associated wetland buffer provide
adequate screening to the residential property to the east of the parcel. The adjoining land is within the city's
Potential Annexation Area.
7. The site is highly visible from the Lake Tapps Parkway.
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 review of a
design plan. Review of the design plan will occur subsequent to the completion of the conditional use permit
process.
9. ACC 18.76.010.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.
10. The original site plan submitted in support of this application did not meet the dimensional requirements of the
Auburn City Code, related to parking, but the site is capable of meeting those requirements.
11. An approved business license registration will be required for each of the proposed businesses prior to
conducting business at the subject location.
12. The proposed daycare use is permitted outright in the C-l, Light Commercial zone. If another use is proposed
for the subject structure that requires a Conditional Use Permit, a new permit must be filed, reviewed and acted
upon for the occupation of the subject structure.
HEXDEC\CUP03-3 Page 3
Findings and Decision
Application No. CUP03-0003
13. The contents of the case file, CUP03-0003, for this project are hereby incorporated by reference and made part
of the record of this hearing.
CONCLUSIONS OF LAW
The undersigned has concluded that the conditional use permit may be approved in that it is consistent with the
following criteria necessary to grant the permit as outlined in ACC Section 18.64.040.
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 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 proposed development 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 or auto service stations. The proposal
should be conditioned to provide buffering for the existing and future residential area fi.om the potential impacts
associated with the proposal.
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 rise conflicts can be
minimized and adequate access by non-motorized modes can be provided. The proposal 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 fi.om 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.
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 uses in the immediate vicinity, as conditioned. ACC
Section 18.76.070D.6 requires adherence to several design criteria intended to provide consistent design themes
through out the commercially developed site. Orientation of site features is necessary to ensure that design
consistency is maintained throughout the PUD
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 infi.astructure would be affected by the proposal.
HE,DEC\CUP03-3 Page 4
Findings and Decision
Application No. CUP03-0003
DECISION
For each of the above reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this
conditional use permit application is approval, subject to the following conditions:
1. Minor adjustments to the site plan are needed to demonstrate compliance with Auburn City Code requirements.
To reduce the potential for vehicle emissions impacting off-site uses and to provide for a separation of uses for
the residentially zoned property to the south, the proponent shall provide a 1 O-foot of Type I landscaping (as
defined by Auburn City Code) along the southern property line.
3. The pump islands shall be oriented such that vehicles being fueled will ingress and egress the island on an east-
west or west-east path.
Columns or similar architectural features shall be provided that screen the visibility of the pump islands as well
as give the visible impression of enclosing the structure. The features shall demonstrate the application of the
design theme consistent with commercial development on-site and on adjacent sites within the PUD. If
necessary, provisions must be made to avoid a safety issue of enclosing any fumes associated with the fueling of
the vehicles.
Dated this 1st day of July, 2003, pursuant to the authority granted under Chapter 18.66, Zoning Ordinance, City of
Auburn.
Diane L. VanDerbeek, Hearing Examiner
REQUEST FOR RECONSIDERATION
Any party of record who feels the decision of the Examiner is based on error of procedure, fact or judgment, or the
discovery of new evidence may file a written request for reconsideration with the Hearing Examiner no later than
seven days fi.om the date of mailing of the decision. Reconsideration requests should be addressed to: Hearing
Examiner, 25 West Main Street, Auburn, WA. 98001-4998.
CITY COUNCIL ACTION
This decision of the Hearing Examiner is a recommendation to the City Council and will be considered by the
Council at their July 7, 2003, meeting. At the July 7, 2003, meeting the Council may either aff'unn the Examiner's
recommendation, remand the decision back to the Examiner, or schedule a closed record public hearing.
HE,DEC\CUP03-3 Page 5
HEARING EXAMINER MINUTES JUNE 17, 2003
The meeting of the Auburn Hearing Examiner was held on June 17, 2003 at 7:00 p,m. in the Council
Chambers of the Auburn City Hall. Those in attendance were as follows:
HEARING EXAMINER: Diane L. VanDerbeek
STAFF: David Osaki, Sean Martin and Patti Zook
Ms. VanDerbeek called the meeting to order at 7:00 p.m. explaining the order of procedures and swore in
staff and those in the audience intending on testifying.
PUBLIC HEARINGS:
1. APPLICATION NO. CUP03-0002
Hearing Examiner opened the public hearing.
Planner Martin presented the staff report. Peter Brandt has requested a conditional use permit to allow
the construction of a 3,400 square foot duplex with garages on property located at 9xx - 24th Street NE.
The site plan shows compliance with the development regulations. The project will not have an adverse
impact on adjacent properties. The project is a logical progression between single family and more
intensive uses. The project complies with Zoning Ordinance requirements. Staff recommends ap proval
with no conditions. The environmental application closes on June 19 and he requests that the record be
kept open to 5:00 pm on June 19to allow full review and the appeal period.
In response to Hearing Examiner questions, Planner Martin provided information on the fence height
requirements.
Bob Robinson, representative for the applicant is present, but did not give additional testimony.
Gary Allen, 20905 12th Street East, Sumner, owns property adjacent to the west, and is concerned about
an additional duplex on the road without road improvements. He wants to put a duplex on the back half of
his property, but was told he would have to put in street improvements to access his property. It is not fair
for him to pay for road improvements. He wants to know why he is being required to do road
improvements and Mr. Brandt does not.
Planner Martin commented that there is not a Public Works Department employee present to address Mr.
Allen's comments. Street improvements are administered by the Public Works Department. He will
forward Mr. Allen's concerns to Public Works so that they can contact him and Public Works should have
five days to respond.
Hearing Examiner believes this is a good course of action. She will leave the record open for additional
comments and allow the City time to respond to the issue of road improvements. She will leave the record
open until June 23 for Public Works Department to respond to Mr. Allen. Then, Mr. Allen has until June
30 to respond to Public Works. This will necessitate an expanded decision making time and the decision
should be ready by July 16.
There was no other public testimony.
2. APPLICATION NO. CUP02-0003
Hearing Examiner opened the public hearing.
Planner Martin presented the staff report. John and Lee Ann Farrell have requested a conditional use
permit to allow a drive-through facility window for a drugstore to be located in the 1700 block of Auburn
PAGE 1
HEARING EXAMINER MINUTES JUNE 17, 2003
Way South. The project is for the development of a 14,500 square foot Walgreen's. He spoke about the
conditional use permit (CUP) issued previously for the adjacent Frugal Burger. The project will not create
adverse impacts on adjacent properties. The project is consistent with the Comprehensive Plan and
Zoning Ordinance. He spoke about the SEPA conditions. Staff recommends approval with three
conditions which he reviewed. He spoke of the need to ensure pedestrian connectivity.
Hearing Examiner inquired about the number of cars that can line up at the drive-through. She inquired
about conflicts between cars exiting the drive and entering from M Street. Pedro Guzzman, Terra Forma
Design, responded that approximately 10 cars maximum can line up at the drive-through. He pointed out
a couple options for these drivers entering from M Street.
Shelly Erickson, of Pearl Avenue, expressed concern about traffic patterns in the parking lot. The current
situation is quite chaotic between Howard Road traffic and cars leaving the parking lot. She encouraged
the applicant and the City to arrange for better safety conditions. She suggested that the City install some
kind of barrier to prevent people leaving the parking lot from turning left onto Howard Road. Mr. Guzzman
said that he has a site plan of the proposed retail and development to the south and asked for Ms.
Erickson to point out the problems.
Hearing Examiner advised that the retail development to the south is not on the agenda tonight. She
thanked Mr. Guzzman for showing the site plan to Ms. Erickson. Planner Martin said that under the
current proposal, the drive will be relocated further south which should alleviate the problems.
There was no other testimony and the public hearing was closed. The written decision will be issued by
June 27.
3. APPLICATION NO. CUP03-0003
Hearing Examiner opened the public hearing.
Planner Martin presented the staff report. Evergreen Tucci Partners LLC has requested a conditional use
permit to allow a drive-through drugstore, drive-through restaurant and an automobile fuel service station
to be located at the southeast corner of Lake Tapps Parkway East and Lakeland Hills Way. The
commercial uses in the area correspond to those in the Cl district and all uses require a CUP. He
mentioned the ElS reviewed by Pierce County. He spoke about the pedestrian connections and
pedestrian orientation. He spoke about the architectural design guidelines. The City will work with the
applicant during the design and permit review process as the project develops. The project is consistent
with the Comprehensive Plan and complies with the Zoning Ordinance requirements. Staff recommends
approval with four conditions which were reviewed.
Hearing Examiner asked about the number of parking spaces for the day care and where will the
employees park. If parents enter the area off Lakeland Hills Way, they have to drive through the fast food
lot to get to the day care drop off area. She wondered how many kids will be in the day care. Planner
Martin replied there is one parking stall per employee and sufficient loading and unloading area. Minor
adjustments to the site plan are needed to ensure compliance With the Code. Staff will define the loading
and unloading areas as the development of the day care progresses.
Dennis Rattie, 1000 Second Avenue #3200, Seattle, is generally in concurrence with the staff report. He
is confident that they can work through the site plan issues for final plan development and approval. He
does not know how many kids will be attending the day care, and referred to the 36 parking stalls
provided. '
Hearing Examiner is concerned that there is not an organized area for day care drop off. She suggested
that Mr. Rattie speak to people who drop off kids at day care and solicit their opinions on how the drop off
area should work. He agreed that they need to work and review this.
PAGE 2
HEARING EXAMINER MINUTES JUNE 17, 2003
There was no other public testimony and the public hearing was closed. The written decision will be
issued by June 27.
ADJOURNMENT
With no further items to come before the Hearing Examiner, the meeting was adjourned at 7:45 p.m.
HE~AGND~vllN 06-2003
PAGE 3
~ITY OF
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject Date:
Public Hearing Application No. CUP03-0003 6/4/2003
Department: Planning I Attachments: Application, site plan Budget Impact:
and Notice of Application
Administrative Recommendation:
Hearing Examiner to recommend to the City Council approval of the conditional use permit based upon the
Findings of Fact, Conclusions and Conditions as outlined.
Background Summary:
OWNER/APPLICANT:
REQUEST:
LOCATION:
EXISTING ZONING:
EXISTING LAND USE
COMPREHENSIVE
PLAN DESIGNATION:
SEPA STATUS:
Evergreen. Tucci Partners, LLC
Conditional Use Permit to allow a drive-through drugstore, drive-through
restaurant and an automobile fuel service station on approximately 11.43-
acres
The southeast corner of the Lakeland Hills Way/Lake Tapps Parkway East
intersection
Planned Unit Development District - Lakeland Hills South Special Plan Area
Vacant
"Light Commercial"
The environmental impacts of the proposal were considered under the
"Lakeland Hills South Mining and Reclamation Plan and Planned
Development District Final Environmental Impact Statement (FEIS)", issued
July 22, 1992 by Pierce County.
Reviewed by Council & Committees:
[] Arts Commission COUNCIL COMMITTEES:
[] Airport [] Finance
[] Hearing Examiner [] Municipal Serv.
[] Human Services [] Planning & CD
[] Park Board []Public Works
[] Planning Comm. [] Other
Reviewed by Departments & Divisions:
[] Building [] M&O
[] Cemetery [] Mayor
[] Finance [] Parks
[] Fire [] Planning
[] Legal [] Police
[] Public Works [] Human Resources
Action:
Committee Approval: []Yes I"}No
Council Approval: DYes []No Call for Public Hearing
Referred to Until / /
Tabled Until / /
/ /
Councilmember: Borden Staff: Martin
Meeting Date: June 17, 2003 Item Number:
AUBUtLN, MOIRE THAN YOU IMAGINED
Agenda Subject CUP03-0003
Date:
6/4/2003
The Zoning and land use data in the vicinity is as follows:
Existing Zoning Existinq Land Use
North PUD ROW/vacant
South Moderate Density Residential
(Pierce Co.) Residential
East Moderate Density Vacant
(Pierce Co.) Residential
West PUD Commercial Uses
Comprehensive Land Use
Plan Designation
Light Commercial/Single Family
Residential
Single Family Residential
Single Family Residential
Light Commercial
FINDINGS OF FACT
Evergreen Tucci Partners, LLC has applied for a conditional use permit that would allow a drive-
through drugstore, drive-through restaurant and an automobile fuel service station on approximately
11.43-acres.
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 and has an underlying
Comprehensive Plan designation of Light Commercial.
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 and drugstores outright, but requires that facilities
with drive-through service obtain a conditional use permit (ACC Section 18.26.030(F)). Automobile
service stations require a conditional use permit (ACC Section 18.26.030(D)).
The subject property is vacant. Site preparation activities have occurred on the site in the past under
separate city permits. The overall site is approximately 12.48 acres. The proposed project area is
located on approximately 5.19 acres at the northwest corner of the site.
The site contains a large wetland that is protected by a conservation easement, recorded by Pierce
County prior to the annexation of the site into the city of Auburn in the year 2000. The one hundred
foot (100') buffer was designated during that preservation process and remains intact and unaltered
under the current proposal.
The land to the east and south (not included in the "Lakeland South PUD) of the subject parcel is
zone Moderate Density Single Family Residential (within Pierce County). The wetland and
associated wetland buffer provide adequate screening to the residential property to the east of the
parcel. The adjoining land is within the city's Potential Annexation Area.
7. The site is highly visible from the Lake Tapps Parkway.
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 review of a design plan. Review of the design plan will occur subsequent
to the completion of the conditional use permit process.
Page 2 of 4
A.qenda Subject CUP03-0003
Date:
6~4~2003
ACC 18.76.010. 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.
10.
The original site plan submitted in support of this application did not meet the dimensional
requirements of the Auburn City Code, related to parking, but the site is capable of meeting those
requirements.
11. An approved business license registration will be required for each of the proposed businesses prior
to conducting business at the subject location.
12.
The proposed daycare use is permitted outright in the C-1, Light Commercial zone. If another use is
proposed for the subject structure that requires a Conditional Use Permit, a new permit must be filed,
reviewed and acted upon for the occupation of the subject structure.
13. The contents of the case file, CUP03-0003, for this project are hereby incorporated by reference and
made part of the record of this hearing.
CONCLUSIONS
Staff has concluded that the conditional use permit may be approved in that it is consistent with the
following criteria necessary to grant the permit as outlined in ACC Section 18.64.040.
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 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 proposed development 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 or auto service stations. The proposal should be conditioned to
provide buffering for the existing and future residential area from the potential impacts
associated with the proposal.
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 proposal 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.
Page 3 of 4
Agenda Subject CUP03-0003
Date:
6~4~2003
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 uses in the
immediate vicinity, as conditioned. ACC Section 18.7&070D.6 requires adherence to several
design criteria intended to provide consistent design themes through out the commercially
developed site. Orientation of site features is necessary to ensure that design consistency is
maintained throughout the PUD.
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.
RECOMMENDATION
Based upon the application and Findings of Fact and Conclusions of the staff report, staff recommends
that the Hearing Examiner recommend to the City Council approval of the conditional use permit request
subject to the following conditions:
1. Minor adjustments to the site plan are needed to demonstrate compliance with Auburn City Code
requirements.
To reduce the potential for vehicle emissions impacting off-site uses and to provide for a separation of
uses for the residentially zoned property to the south, the proponent shall provide a lO-foot of Type I
landscaping (as defined by Auburn City Code) along the southern property line.
3. The pump islands shall be oriented such that vehicles being fueled will ingress and egress the island
on an east-west or west-east path.
Columns or similar architectural features shall be provided that screen the visibility of the pump
islands as well as give the visible impression of enclosing the structure. The features shall
demonstrate the application of the design theme consistent with commercial development on-site and
on adjacent sites within the PUD. If necessary, provisions must be made to avoid a safety issue of
enclosing any fumes associated with the fueling of the vehicles.
HE~APP\STRC03-3
Page 4 of 4
PUl
PUD
PUD
PUD -
PUD
APPLICATION NO.: CUP03-0003
APPLICANT: Evergreen Tucci Partners LLC
REQUEST: request for a conditional use permit to allow a 14,560 square foot drive-through drugstore, a 2,700
square foot drive-through restaurant and an 6,500 square foot convenience store with automobile
fuel service station on an approximately 11.43-acres
LOCATION: southeast comer of Lake Tarms Park'wav East and I,akeland Hills Way
CONDITIONAL USE
PERMIT
APPLICATION
PROPEI~TY OWNER'S NAME
APPLICATION NUMBER
Sec. Twp. Rng.:
Area Code:
Scheduled Public Hearing:
Staff Project Coordinator:
Zone Existing:
Date Received:
Do Not Write Above This Line
APPLICANT: COMPLETE THIS FORM WITH ALL ENTRIES BEING TYPED
(except signatures) OR NEATLY PRINTED IN INK. IF ADDED SPACE IS
NEEDED, ATTACH THE ADDITIONAL REQUIRED PAGES TO THIS
APPLICATION.
I (we), the undersigned, OWNER(S) of property numbered opposite
my (our) names(s) hereby petition for a Conditional Use Permit for
the following use:
Lakeland Town Center Southeast neighborhood Drugstore drive-tnr~,., Fast
Food restaurant with drive-thru and gas station adjacent to the .corner.
(Please attach a 1/2 (typed) page explaining your proposed use.)
Ae
How is the property involved in this application more suitable for the
Conditional Use Permit than those uses permitted outright in the present
zoning classification?
See attached.
Why is this Conditional Use Permit compatible with the other existing uses in
the neighborhood?
See attached.
Why is this Conditional Use Permit compatible with the existing zoning in
the area?
See attached.
Why is this Conditional Use Permit consistent with the Comprehensive Plan
for the area?
See attached.
ALL PROPERTY OWNERS INCLUDED IN THIS APPLICATION MUST BE
LISTED BELOW OPPOSITE A "PARCEL NUMBER" WHICH IS ALSO
SHOWN ON THE LEGAL DESCRIPTION AND INDICATES THE PROPERTY
OWNED BY EACH APPLICANT. YOUR SIGNATURE ALSO INDICATES YOU
HAVE READ AND UNDERSTOOD THE CONTENTS OF THIS APPLICATION
AND ITS ATTACHMENTS
PARCEL
NUMBER
NAME, ADDRESS AND PHONE NUMBER
(Pleme Print)
Evergreen Tucci Partners, LLC
c/o Investco Financial Corporation,
SIGNATURE
1302 Puyallup Street
Sumner, Washington 98390
DESIGNATED CONTACT PERSON:
Name: Dennis Rattie, Development Manager
1415 Western Avenue, ~505
Address:
CiWfPhone: Seattle, Washington 98101 (206) 233-9600
PLEASE NOTE THAT THE SITE PLAN MUST ACCOMPANY THIS
APPLICATION.
LEGAL DESCRIPTION OF PROPERTY
LOT 3 OF SHORT PLAT RECORDED UNDER AUDITOR'S FEE NUMBER 200107300662
AND RE-RECORDED UNDER AUDITOR'S FEE NUMBER 200108160470, RECORDS OF
PIERCE COUNTY, WASHINGTON;
EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY STATUTORY
WARRANTY DEED RECORDED UNDER AUDITOR'S FEE NUMBER 200210070331.
FEE PAYMENT:
Cashier's Initials
$750.00 plus $350.00 for SEPA checklist
Date Received
T.R. # C-.~- 009oO q~oO
Proposed Use
The proposed project is genetically known as Lakeland Commercial - Phase II. The proposed use is a
commercial center to include a Neighborhood Drugstore (approximately 15,000 square foot) on the comer
which is anticipated to be constructed in late 2003 and future construction anticipated to include a
convenience store with gas station, a fast food restaurant and a day care facility. The site is bordered by
the existing Lakeland Town Center project to the west, future commercial development to the north, a
designated wetland to the east and a single family dwelling to the south. The development of this comer
will further the vision of providing the desired neighborhood services for the benefit of local residents.
A conditional use permit is required for the drive-thru lanes for the Neighborhood Drugstore and the fast
food restaurant. The gas station / convenience store location off the comer also requires conditional use
review. Access will be provided from previously determined curb cut locations on Lake Tapps Parkway
East and Lakeland Hills Way. Landscaping as proposed is consistent with the approved Lakeland Hills
Landscape Plan. Architectural features for the first phase building are intended to complement the
architectural themes of the existing Lakeland Town Center (see enclosed elevations). Future building
designs are also anticipated to work cohesively with this design theme.
Conditional Use Permit Criteria
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The property is very suitable for the proposed uses, which are generally allowed uses as
defined in the Lakeland Master Plan and the City of Auburn Comprehensive Plan. However,
the inclusion of certain required program elements (i.e. the drive-thru operations) have
determined the need for conditional use review. The site's location along two major arterial
roads, Lake Tapps Parkway East to the north and Lakeland Hills Way to the west, encourages
the types of uses that offer drive-thru amenities: In recognizing a sensitivity to keeping the
drive-thru elements away from public view, they are located on the "back~' side of the
building(s) and, in the case of the fast food operation, are screened from the neighboring
property by fencing and landscape buffering.
The site is also well suited for a convenience/gas operation as a much needed service element
for Lakeland residents and those who utilize Lake Tapps Parkway East as an east-west
connector to the valley floor. Again, the gas station use is allowed by code; however, we
believe that locating the gas operation off the comer, but adjacent to Lake Tapps Parkway
East, is a logical design element that allows us to maintain the "Town Center" design concept
on the comer while providing easy access to the proposed use.
The proposed uses are compatible with the adjacent properties and the site's location on the
comer makes it a vital part of the commercial hub for Lakeland. The proposed uses all
function best in a free-standing capacity and will complement the existing "shop" space of
Lakeland Town Center to the west while enhancing the amenities and services available to
local residents and users of Lake Tapps Parkway East. Future development of the property to
the north and the activity associated with the existing park to the northwest will all contribute
to creating a vibrant comer and entrance to Lakeland. Appropriate buffering will be provided
for the wetland to the east and a fence and landscape buffering is proposed to screen the
single family dwelling to the south. Note that the single family dwelling to the south
experiences a significant drop in elevation that that will further separate the properties and
diminish the impact of the proposed operations.
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The proposed use is compatible with the existing zoning in the Lakeland Hills PUD, which
shows the site as commercial. The site plan promotes this commercial intent while
minimizing noise issues by placing the drive thru aisles of the fast food restaurant set back
from the southerly boundary. Landscaping will also provide screening along the southerly
boundary.
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The land use designations in the Lakeland PUD are also reflected in the Comprehensive Plan.
Both the PUD and the Comprehensive Plan designations for this site shown as Area 12 are
Commercial. The proposed uses are compatible with both designations.
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