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Home My WebLink About05-01-2006 ITEM VIII-A-7A TY OFOURN WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6023 Date: April 26, 2006 Department: Planning Attachments: Please refer to Exhibit Budget Impact: NA List Administrative Recommendation: City Council introduce and adopt Ordinance No. 6023. Background Summary: OWNER/APPLICANT: Lakeland Town Center, LLC REQUEST: Conditional Use Permit to allow a drive-through restaurant (McDonald's) at the Lakeland Town Center shopping center within the Lakeland Hills South Planned Unit Development zone district. LOCATION: The northwesterly corner of the Lakeland Town Center, an approximately 12.48 -acre parcel, located at the southwest corner of the Lakeland Hills Way/Lake Tapps Parkway East intersection. EXISTING ZONING: Lakeland Hills South PUD EXISTING LAND USE: The site of the proposed restaurant is currently vacant, but is adjacent to the existing shopping center access drive and parking. COMPREHENSIVE PLAN DESIGNATION: Light Commercial/Lakeland Hills South Special Plan Area SEPA STATUS: The proposed restaurant is exempt from SEPA review; the environmental impacts of the shopping center 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. L0501-4 03.10.1 CUP06-0002 eviewed by qoyncil & Committees: eviewed by Departments & Divisions: Arts Commission COUNCIL COMMITTEES: Z Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Serv. Finance Parks Human Services Planning & CD Works Z Fire Planning Park Board Public Legal Police Planning Comm. Other Public Works Human Resources Action: ommi tee Approval: Yes No Council Approval: HYesHNoCall for Public Hearing Referred to Until Tabled UntT— 7— 7— Councilmember: Norman Staff: Krauss Meeting Date: May 1, 2006 Item Number: VIII.A.7 AUBURN * MODE THAN YOU IMAGINED Agenda Subject: Public Hearing CUP 06-0002 Date: April 26, 2006 The Comprehensive Plan designation, zoning designation and land uses of the surrounding properties are: EXHIBIT LIST Exhibit 1 Gompr Exhibit 2 Land Use Exhibit 3 Application Exhibit 4 Aerial Photograph Site Light Commercial/ Lakeland Hills South Vacant Lakeland Hills South PUD Special Plan Area North Public/Quasi-Public/ Lakeland Hills South 15 acre Sunset Park Lakeland Hills South PUD Special Plan Area South Light Commercial/ Lakeland Hills South Commercial building; Lakeland Hills South PUD part of overall Special Plan Area shopping center East Light Commercial/ Lakeland Hills South Interior parking lot Lakeland Hills South PUD serving overall Special Plan Area shopping center West High Density Lakeland Hills South Palermo Apartments Residential/Lakeland PUD (currently under Hills South Special construction) Plan Area EXHIBIT LIST Exhibit 1 Staff Report Exhibit 2 Vicinity Map Exhibit 3 Application Exhibit 4 Aerial Photograph Exhibit 5 Hearing Examiner Decision FINDINGS OF FACT: 1. Lakeland Town Center LLC has applied for a conditional use permit to allow a drive-through restaurant at the Lakeland Town Center. The shopping center is 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. The Lakeland South PUD district permits non-residential uses under the provisions of Auburn City Code (ACC) Section 18.76.040(8), 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 overall shopping center is developed with a Top Foods grocery store and other multiple tenant buildings, including other "sit down" restaurants. The overall site is approximately 12.48 acres. The proposed drive through restaurant would be located on 38,447 square feet. 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 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 Agenda Subject: Public Hearing CUP 06-0002 Date: April 26, 2006 ACC 18.76.010.6 seeks to provide for pedestrian oriented communities through the PUD process. ACC 18.76,070.0 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. The contents of the case file for this project (CUP06-0002) are hereby incorporated by reference and made part of the record of this hearing. CONCLUSIONS: ACC Chapter 18.64 provides certain criteria for approval of a conditional use permit: 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 or otherwise, to property or improvements in the surrounding area than would any use generally permitted in the district. It is not anticipated that a restaurant with a drive-through feature will cause any significant adverse effects to any of the adjoining uses, provided that conditions are imposed on the conditional use permit. The placement of the drive—though windows adjacent to the western limits of the Lakeland Town Center lot will cause idling vehicles to queue along the edge of the development. Lights, noise and exhaust could all potentially adversely impact the adjacent Palermo apartments. However, given that the drive—through pick—up window will be approx. 90 feet north of the edge of the current parking lot and thus adjacent to a garage structure serving the apartments, with adequate landscaping, impacts should be minimal. Staff finds the proposal, as conditioned, to be consistent with this criteria. 2. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. The project site is located within the Lakeland Hills South Special Planning Area of the Comprehensive Plan and the shopping center site has been identified as appropriate for light commercial development. Comprehensive Plan Land Use Element (Chapter 3) Policies LU -63 and LU -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. In fact, a pedestrian access is provided between the shopping center and the apartments just south of the project site. In addition, the site plan indicates there will be a pedestrian connection provided out to Lake Tapps Parkway. Staff finds the proposal to be consistent with this criteria. 3. The proposal complies with all requirements of this title (i.e., Zoning Code). Page 3 of 4 Agenda Subject: Public Hearing CUP 06-0002 Date: April 26, 2006 The proposed use meets all Zoning Code standards regarding setbacks, building height, parking, queuing space, pedestrian accessibility, landscaping, etc. Staff finds the proposal to be consistent with this criteria. 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 shopping center in an inappropriate way. Design of the building is subject to approval of the property owner and the overall theme of the center. ACC Section 18.76.070D.6 also requires adherence to several design criteria intended to provide consistent design themes throughout the commercially developed site. Additional conditions beyond those elements required by all commercially developed properties in this zone are not required. Staff finds the proposal to be consistent with this criteria. 5. The proposal will not adversely affect the public infrastructure. Water will be provided by the City of Bonney Lake system. An outside fats, oil and grease (FOG) interceptor will be required on the side sewer service. The storm water system serving the shopping center was sized and designed in consideration of future development of this site. Staff finds the proposal to be consistent with this criteria. 6. The proposal will not cause or create a public nuisance. The site is located at the edge of an existing shopping center. Fast food restaurants with drive— through service can be a source of noise, glare, exhaust and trash. This is of particular concern when adjacent to residential development. However, given the separation of the building from the apartments and in particular, the location of the drive—through windows in relation to actual housing units, these impacts can be minimized. The conceptual landscaping plan shows significant landscaping being planted along the western property line; staff is recommended augmenting this landscaping with fencing to confine any potential trash issues to the shopping center site and to also prevent cut—through pedestrian traffic outside of designated walking routes. Staff finds the proposal, as conditioned, to be consistent with this criteria. 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 with the following conditions of approval: 1. Site development shall occur in substantial conformance with the submitted plans and building elevations. 2. A minimum 42 inch tall black or green vinyl—clad chain link fence shall be installed along the west property line. Staff reserves the right to supplement the record of the case to respond to matters and information raised subsequent to the writing of this report. Page 4 of 4 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(6), 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 would be 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 18.76.010.6 seeks to provide for pedestrian oriented communities through the PUD process. ACC 18.76.070.0 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 staff recommendation, 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. 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 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 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: PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam City Clerk Daniel'B. Kei City Attorney PUBLISHED: Ordinance 6023 April 25, 2006 Page 7 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY TNT PORTION OF LO7S 1 AND 2 OF CITY OF AUBURN SHORT PLAT RECOROW UNDER AUDITOR'S FEE NO. - 200108180470 DESCFW AS FOL nn- COr WNCING AT THE NORTHFASf CORNER OF SECTION 7, TOWNSHIP 20 NORTK RANGE 5 EAST OP THE 1NLIAAETTE IE1 AN N PIERCE COINNI-Y. wASHNgft THENCE NORTH 88'03'05" TNEST ALONG FEET; THE NORTH LINE MW A DISTANCE OF- 64.78 THENCE NORTH 0142'58" EAST MINI FEET TO THE SOUWAST CORNER OF 3w LOT t . THENCE CONTINUE NORTH 01'42'58' EAST 421,72 FEET TO THE BEGINNING OF A CURVE CONCAVE WERMY AND HAVING A RADIUS OF 695.00 FEET; THENCE KONG; THIE ARC OF DISTANCE OF 446.28 ;SAID CURVE THROUGH A CENTRAL ANGLE OF 36'47'29' FOR TENCE SOUTH 8846'12'. (NEST 47.17 FEET TO THE SOUTHERLY MARGIN OF LAKE TAPPS. PARKWAY EAST; THENCE SOUTH 59'01'12' WEST ALONG SAUD MARGIN 275.$2 FEET TO THE BEGINNING OF A CURVE CONCAVE NORPMESTERLY AND HAVING A RAONIS OF 2.050.00 FEET; THENCE DWANCE 351' 14 FEET TO THE - ppNIT THE ARC OF SAID- CUIM � ��' �E OF 09'48.51' A THENCE CONTINUING ALONG THE ARC OF SAID CURVVir MUCH THE CENTRAL µCIF OF 03'38'1Y A DISTANCE OF 13812 FEET TO THE NO HIMEST CORNER OF SAID LOT 2; THENCE SOUTH 27'21'16' FAST 8.12 FEET TO A POINT ON A NON -TM GEkT CURVE CONCAVE *NORTHER&Y, WNW A RADIUS OF 2066.00 FEET ATS TO NIHACLI POW RADIAL BEARS SOUTH 1734'03' EAST; THENCE ALONG THE ARC OF SAID CURVE THROUGH THE CENTRAL ANGLE CIF OOr33'56° A DISTANCE OF 20.31 FEET. THENCE SOUTH 27'21'16' EAST 293.56 FEET.. ' THENCE NORTH 62'38'44" EAST 148.83 FEET; THENCE NORTH 27'21'16" WEST 280.00 FEET TO THE PONT OF SITUATE IN THE CITY OF AUBURN, COUNTY OF PIERCE, STATE OF E PATiCE! � 11- ANDREiTR1CtI0NS NOVEMBER Z 2001 REpp� CONOf110NS SAID EASEMENT RIGM MING OVER PORTIONS OF LOT 2 OF C11Y OF AUBURN SHORT PLAT RE(IORUED UNDER RECORDING lNNNBF-R 200106160470. CITY OF --* Y? — WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject Ordinance 6023 Date: 4/26/2006 Department: Planning Attachments: Please refer to Exhibit Budget Impact: NA List Administrative Recommendation: City Council approve Ordinance 6023. Background Summarv: OWNER/APPLICANT: Lakeland Town Center, LLC REQUEST: Conditional Use Permit to allow a drive-through restaurant (McDonald's) at the Lakeland Town Center shopping center within the Lakeland Hills South Planned Unit Development zone district. LOCATION: The northwesterly corner of the Lakeland Town Center, an approximately 12.48 -acre parcel, located at the southwest corner of the Lakeland Hills Way/Lake Tapps Parkway East intersection. EXISTING ZONING: Lakeland Hills South PUD EXISTING LAND USE: The site of the proposed restaurant is currently vacant, but is adjacent to the existing shopping center access drive and parking. COMPREHENSIVE PLAN DESIGNATION: Light Commercial/Lakeland Hills South Special Plan Area SEPA STATUS: The proposed restaurant is exempt from SEPA review; the environmental impacts of the shopping center 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. L0501-4 Reviewed y Council & Committees:Reviewedy Arts Commission COUNCIL COMMITTEES: epa tments Building Divisions: M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Serv. Finance Parks Human Services Park Board Planning & CD Fire Planning LJ Planning Comm. Public Works Other Legal E Public Works Police Human Resources Action: Committee Approval: Council Approval: No YesBNo BYes Call for Public Hearing Referred to Until Tabled UnfT— 7— 7— Councilmember: Norman Staff: Pilcher Meetin Date: March 21, 2006 Item Number: IXHIBITJ AUBURN* MORE THAN YOU IMAGINED LAKELAND TOWN CENTER GRAPWC SCALE McDom"s CONMON& UW PERW BE V4 SECTION A TOVMW 20 NOFITM FtQM 5 FAArr, WAL CITY OF ARM MWICE CO M,, WASHNOTION 01W lz�� --- I. EX197M PALOW APAFrTA49M \Vr> EXHIBff EAH Fit ,►� �� ;iwuulnlr��■■■■��/ •■■■• �, X11111"� Si ■■■■�I , n1111r .:a ■■■■■1 �Ir11 i��u nig .:'.:. �r •� ''�ule� a� ■rrrr ��I CONDITIONAL USE PERMIT APPLICATION PROP TY OWNER'S NAME Sec. Twp. Rng.: Area Code: G QPo 6 -coo z, Zone Existing: Request: APPLICATION NUMBER Scheduled Public Hearing: J 'a�` C' 6 Date Received: Staff Project Coordinator: 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. (we), the undersigned, OWNER(S) of property numbered opposite my (our) names(s) hereby petition for a Conditional Use Permit for the following use: ,fi4Deru�.D'� 'R�►sTAvR�.KY "I"rk 'i'DRtuR —Ti+sa s-AVOL, (Please attach a 1/2 (typed) page explaining your proposed use.) A. 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? 5Ee A:T TACiASXZ5 RECEIVED FEB 1 4 2006 PLANNING DEPARTMENT EXHIBIT W. Conditional Use Permit Page 4 of 7 Revised 1! aoti B. Why is this Conditional Use Permit compatible with the other existing uses in the neighborhood? <;F—E. A T--TAXC}kEi>. C. Why is this Conditional Use Permit compatible with the existing zoning in the area? D. Why is this Conditional Use Permit consistent with the Comprehensive Plan for the area? � r4zTacK� . Conditional Use Permit Revised VPage 5 Of 7 &2005 ®.dao 04 - Von � 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 NAME, ADDRESS AND PHONE NUMBER NUMBER (Please Print) Ir%y_&,rco :Frtlrt1e8,L%. �melp. , iuAxAdsR- 130 'R,y.►�.wPr�rt7RJfe.LT Fax number SIGNATURE E-mail address &P, 744.4 lth* t,,..Awa, � e_ ,J.0 Lis •so ;f+i 64J Fax number E-mail address DESIGNATED CONTACT PERSON: lie, 7 01P Aw T e 4- %ARRa ",y Name: yAPt �1':r Ctbt�R� L&W o4,46mT, 00, Address: 10M 2Mh &L*"A*_L43200 City/Phone: 'S+a-r-ctw��o , WA q8t* 206 • Z33.9boo Fax number Z06 • Z38,o260 E-mail address ItHITT ®TAR�pG.or(. eek Indicate Method for Future Notifications Fax Mail X Telephone E-mail PLEASE NOTE THAT THE SITE PLAN MUST ACCOMPANY THIS APPLICATION. Conditional Use Permit Revised VPage 6 of 7 6 w6 LEGAL DESCRIPTION OF PROPERTY LEA_ PARCEI 1 THAT PORTION OF LATS 1 MID 2 OF CITY OF AUBURN SHORT PLAT RECORDED UNDER NATOWS FEE NO. 200106160470 DESCRM AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SECTION 7, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WLLAMETTE MERIDIAN IN PERM COUNTY. WASHINGTOHE THENCE NORTH 86'03'05' WEST ALONG THE NORTH LIME THEREOF A DISTANCE OF 64.79 FEE(; THENCE NORTH 01'42'58' FAST 56.66 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE CONTINUE NORTH 01'42'58' EAST 428.72 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 695.00 FEET. THENCE ALONG THE ARC OF SAID CURVE THROLIGW A CENTRAL ANGLE OF 38'4729° FOR A DISTANCE OF 446.28 FEET; THENCE SOUTH 88'012' WEST 47.17 FEET To THE SOUTHERLY MARGIN OF LAKE TAPPS PARKWAY EAST; THENCE SOUTH 59'01'12' WEST ALONG SAID MARGIN 275.62 FEET To THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND WAVING A RADIUS OF 2.050.Q0 FEET; THENCE ALONG THE ARC OF SAID CURVE THROUGH THE CENTRAL ANGLE OF 09'48'51' A DISTANCE OF 351:14 FEET TO THE POINT OF BEGINNING; R* NCE CON11NUING HANG THE ARC OF SAD CURVE THROUGH THE CENTRAL ANGLE OF 03'38'12' A DISTANCE OF 130.12 FEET TO THE NORTHWEST CORNER OF SAID LOT 2; THENCE SOUTH 2721'18' EAST 8.12 FEET TO A POINT ON A NON-TMNGEkT CURVE CONCAVE NORTHERLY. HIVING A RWW OF 2058.00 FEET AND TO WHICH POINT A RADIAL BEARS SOUTH 1734'03' EAST; THENCE ALONG THE NIC OF SAID CURVE THROUGH THE CENTRAL ANGLE OF 00'33'56° A DISTANCE OF 20.31 FEET; THENCE SOUTH 2721'18' EAST 293.56 FEET; . THENCE NORTH 62'38'44' EAST 148.53 FEET; THENCE NORTH 2721'16" WEST 280.00 FEET TO THE POINT OF Kwoma SITUATE IN THE CITY OF AUBURN. COUNTY OF PIERCE, STATE OF WASHINGTON E&SBE NT PARCEL 2 THOSE EASEMENT RIGHTS ESTABLISHED BY THE DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS QED NOVEMBER 2. 2001 UNDER RECORDING NUMBER 200111020676, SAID QASEMW Ran WNG OVER PORTIONS OF LOT 2 OF CITY OF AUBURN SHORT PLAT RECORDED UNDER RECORDING NUMBER 200108160470. FEE PAYMENT: $778.00 for residential; $1,038.00 for commercial; plus $727.00 for Environmental Checklist T.R. # Cashier's Initials Date Received Conditional Use Permit Revised 1/WO05 Page 7 of 7 Map Output Page 1 of 1 -0. i00 i +� C fN _ :. `i sir '� ✓, y _ 1"L.�e�F k £ # to ! ty SES t http://gisims/servlet/com.esri.esrimap.Esrimap?ServiceName=auburn new&ClientVersion... 3/16/2006 BEFORE THE HEARING EXAMINER OF THE CITY OF AUBURN In the Matter of the Application of ) Lakeland Town Center LLC ) For a Conditional Use Permit ) NO. CUP06-0002 FINDINGS, CONCLUSIONS, AND RECOMMENDATION McDonalds Restaurant (Drive-Thru) SUMMARY OF RECOMMENDATION The Hearing Examiner for the City of Auburn recommends to the Auburn City Council that a Conditional Use Permit for the construction of a McDonald's Restaurant with a drive-thru lane within the Lakeland Hills South Planned Unit Development zoning district be APPROVED, subject to conditions. SUMMARY OF RECORD Requests: The Lakeland Town Center LLC (Applicant), through their representative Tarragon Development, requested a Conditional Use Permit (CUP) for the construction of a McDonald's Restaurant with a drive-thru lane on property located within the northwest corner of the Lakeland Town Center at the southwest corner of the Lakeland Hills Parkway and Lake Tapps Parkway East intersection, Auburn, Washington. Hearing Date: The Hearing Examiner for the City of Auburn held an open record public hearing on March 21, 2006. Testimony: The following individuals presented testimony under oath at the open record public hearing: Steve Pilcher, City of Auburn Planner Ryan Hitt, Tarragon Development, Applicant's Representative Virginia Haugen, Neighboring Property Owner Exhibits: The following exhibits were admitted at the open record public hearing: Exhibit 1: Staff Report, dated March 10, 2006 Exhibit 2: Site Map Exhibit 2A: Vicinity Map Exhibit 3: Application for Conditional Use Permit with Project Narrative Exhibit 4: Notice of Public Hearing Exhibit 5: Affidavit of Posting Exhibit 6: Affidavit of Mailing Exhibit 7: Confirmation of Publication of Legal Notice Exhibit 8: Aerial Photograph Upon consideration of the testimony and exhibits admitted at the open record hearing, the Hearing Examiner enters the following Findings and Conclusions: FINDINGS 1. The Applicant requested approval of a CUP for the construction of a McDonald's Restaurant with a drive-thru lane on property located within the Lakeland Town Center at the southwest corner of the intersection of Lakeland Hills Way and Lake Tapps Parkway East in the City of Auburn. The subject property is identified as Lease Parcel 1 for the Lakeland Town Center. Exhibit 1, Staff Report, Pages 1-2; Exhibit 3, CUP Application; Testimony of Mr. Pilcher. 2. In 2003, the Applicant was granted a CUP for the construction of the proposed drive-thru restaurant (Ordinance 5734, CUP 02-0005). Pursuant to ACC 18.64.060, a CUP that has not been implemented within two years of approval is void. The Applicant did not implement CUP02-0005 within the two year time limitation and is required to obtain a new CUP. Except for a few minor modifications, the Applicant's current request is generally consistent with the previous permit. ACC 18.64.060; Exhibit 3, CUP -Project Narrative; Testimony of Mr. Pilcher; Testimony of Mr. Hitt. 3. The Applicant proposed to develop a 3,892 square foot McDonald's Restaurant with a drive- thru lane on a 38,447 square foot lot. A play area may be constructed at the rear of the building in the future. The drive-thru order boards would be located on the northern side of the restaurant, adjacent to Lake Tapps Parkway East. Vehicles would then loop around the restaurant's western side to the pick up windows. The restaurant would include architectural features consistent with the architectural themes of the Lakeland Town Center. Exhibit 1, Staff Report, Page 2; Exhibit 3, CUP -Project Narrative. 4. The subject property is located within the Lakeland Hills South Planned Unit Development (PUD) and is zoned PUD District - Lakeland Hills South Special Plan Area Zone (ACC Lakeland Town Center LLC - CUP06-0002 (McDonald's Drive-Thru) City ofAuburn Hearing Examiner Findings, Conclusion, and Recommendation Page 2 of 8 18.76). Pursuant to the City of Auburn's Comprehensive Plan, the site is designated as Light Commercial. Exhibit 1, Staff Report, Page 2; Testimony of Mr. Pilcher. 5. ACC 18.76, the Lakeland Hills South Special Plan Area, is intended to be consistent with the conditions of approval of the Lakeland Hills South PDD (Pierce County Hearings Examiner Case No. Z15-90/UP9-70). The City has accepted the Lakeland Hills South PUD as an approved PUD. The purpose of the PUD district is to offer enhanced flexibility to develop a site through innovative and alternative development standards. In exchange for this enhanced flexibility, the City requires that the PUD result in a significantly higher quality of development, generate more public benefit, and be a more sensitive proposal than it would have been under standard zoning and subdivision procedures. ACC 18.76.010; Auburn Comprehensive Plan, Chapter 14, Land Use Map Designations. 6. Under the City's Comprehensive Plan, the designation of Light Commercial is intended to provide people -oriented commercial areas with a wide range of general services available to area residents. This land use designation should be developed in a manner that is consistent with and attracts pedestrian oriented activities such as leisure shopping and amenities conducive to attracting shoppers. The Light Commercial (C-1) zoning district is intended to implement this land use designation. Auburn Comprehensive Plan, Chapter 14, Land Use Map Designations. 7. Comprehensive Plan objectives and policies supporting the proposal include: Chapter 3, Land Use, Objective 9.1 (provide for the convenience commercial needs of residential areas); Policy LU -61 (adequately buffer any nearby residences from disruptive impacts); Policy LU - 63 (commercial areas should be designed and integrated into the overall area development plan so as to minimize traffic and land use conflicts); and Policy LU -64 (provide adequate access to commercial developments by non -motorized modes such as walking and biking). Auburn Comprehensive Plan, Chapter 3. 8. A drive-thru restaurant is a permitted use within the Lakeland Hills PUD subject to provisions set forth in ACC 18.26, Light Commercial (C-1) zoning district. ACC 18.76.040(B); ACC 18.76.070(D)(2). The C-1 zoning district permits restaurants with drive- thru facilities subject to the issuance of a CUP. ACC 18.26.030(F). Development standards for the C-1 zone include - no minimum lot area, lot width, lot depth, or lot coverage. Setbacks include: 20 feet front, and 15 feet side street. There are no minimum requirements for side interior or rear setbacks. The maximum allowable building height is 45 feet. The Applicant's proposal is consistent with these standards. ACC 18.76; ACC 18.26; Exhibit 1, Staff Report, pages 2 and 4; Exhibit 2, Site Plan. 9. The subject property is vacant. Surrounding properties are all zoned Lakeland Hills South PUD. Properties to the south and east are owned by the Applicant, are designated as Light Commercial uses, and are developed with commercial structures, including grocery stores "sit-down" restaurants, and parking facilities for the Lakeland Hills Shopping Center. Lakeland Town Center LLC - CUP06-0002 (McDonald's Drive-Thru) City ofAuburn Hearing Examiner Findings, Conclusion, and Recommendation Page 3 of 8 Property to the West is designated as High Density Residential and is currently being developed with apartment buildings. Property to the North, across Lake Tapps Parkway East, is designated as Public/Quasi-Public and is the location of Sunset Park, a 15 -acre park. Exhibit 1, Staff Report, Page 2; Exhibit 3, CUP Application; Exhibit 8, Aerial Photograph. 10. Off-street parking requirements for various general commercial uses are addressed in ACC Chapter 18.52. ACC 18.52.020(B)(14) requires restaurants to provide one parking space for each 100 square feet of gross floor area or 39 spaces for the proposed restaurant. The Applicant has proposed 45 parking stalls, including two ADA accessible stalls that would serve the restaurant. In addition, ACC 18.52.040 sets forth specific requirements for drive- thru businesses. Requirements include sufficient stacking space and proper driveway location to prevent the obstruction of normal traffic circulation within the shopping center. Applicant's proposal would satisfy the off-street parking, stacking, and driveway requirements of the zoning district. ACC 18.52; Exhibit 1, Staff Report, Pages 3-4; Exhibit 2, Site plan; Exhibit 3, CUP -Project Narrative. 11. ACC 18.76.010(B), ACC 18.76.070(C), and Comprehensive Plan Policies LU -25 and LU -64 promote the development of pedestrian -oriented communities. As depicted on Exhibit 2, a sidewalk would be provided along the eastern border of the site to provide non -motorized access for both the restaurant and the shopping center from Lake Tapps Parkway East. ACC 18.76; Auburn Comprehensive Plan, Chapter 3; Exhibit 1, Staff Report, Page 3; Exhibit 2, Site Plan. 12. The Applicant proposed a landscape buffer along the northern and western borders of the site. ACC 18.76.075 requires that landscaping conform to the landscape master plan developed for the PUD. The Applicant did not submit a copy of the landscape plan into the record but stated that the landscaping would be consistent with the previously approved Lakeland Town Center landscape plan and the 2003 CUP. Landscaping would include a 16 -foot wide landscape buffer along the western property line comprised primarily of evergreen plants to provide year round screening for the adjacent apartment complex from vehicle lights, exhaust, and noise. This buffer, along with a 15 -foot setback of any apartment structure, would provide adequate buffering of impacts to the area. City Staff recommended that the Applicant provide a fence along the western property line to prevent trash from migrating to the adjacent apartment complex. Exhibit 1, Staff Report, Page 4; Testimony of Mr. Hitt; Testimony of Mr. Pilcher. 13. The Applicant did not submit details of proposed signage at this time. ACC 18.76.077 regulates signage in the Lakeland Hills PUD, as provided in the adopted master sign plan, and by reference to ACC 18.56. All signs must comply with the sign requirements of the district. ACC 18.56; Acc 18.76. 14. The restaurant would be served the City of Bonney Lake water. The sewer system would be augmented with an outside Fats, Oil, and Grease (FOG) interceptor. The stormwater system Lakeland Town Center LLC - CUP06-0002 (McDonald's Drive-Thru) City of Auburn Hearing Examiner Findings, Conclusion, and Recommendation Page 4 of 8 serving the Lakeland Town Center was sized and designed in consideration of the future development of this site. Exhibit 1, Staff Report, Page 4. 15. The City has determined that the environmental impacts of the proposed drive-thru restaurant were considered in the 1992 Lakeland Hills South Mining and Reclamation Plan and Planned Development District Final Environmental Impact Statement (FEIS) prepared pursuant Washington's State Environmental Policy Act (SEPA), RCW 43.21C. The FEIS provided the required measures to mitigate any adverse impacts of the development. Exhibit 1, Staff Report, Page 1. 16. The City provided reasonable notice of the March 21, 2006 public hearing. Notice was posted on-site on March 9, 2006; was mailed to all property owners within 300 feet of the affected site on March 10, 2006; and was published in the King County Journal on March 11, 2006. Exhibits 4, 5, 6, and 7- Notice of Public Hearing. 17. Public comments were submitted on the proposed. Comments pertained to increased traffic and trash that would be generated by the proposed restaurant. Testimony of Ms. Haugen. CONCLUSIONS Jurisdiction The Hearings Examiner is granted jurisdiction to hear and make a recommendation to the Auburn City Council on an application for a Conditional Use Permit pursuant to ACC 18.64.020(A) and 18.66, and RCW 35.63.130. The Hearing Examiner is also granted authority to place conditions on the conditional use permit pursuant to ACC 18.64.050. Criteria for Review Auburn City Code 18.64.040 provides criteria for review for CUP applications. A CUP application shall only be approved if the Applicant can demonstrate that: 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 or otherwise, to property or improvements in the surrounding are than would any use generally permitted in the district. 2. The proposal is in accordance with the goals, policies, and objectives of the Comprehensive Plan. 3. The proposal complies with all requirements of ACC Title 18. 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. Lakeland Town Center LLC - CUP06-0002 (McDonald's Drive-Thru) City of Auburn Hearing Examiner Findings, Conclusion, and Recommendation Page 5 of 8 5. The proposal will not adversely affect the public infrastructure. 6. The proposal will not cause or create a public nuisance. Conclusions Based on Findings 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 or otherwise, to property or improvements in the surrounding are than would any use generally permitted in the district. The proposed restaurant will be located within the Lakeland Town Center, a commercial shopping center, and would not have any more adverse of an effect that any other permitted use within the light commercial zone. The design of the drive-thru restaurant, including placement of ordering stations and the use of landscaping, would serve to buffer adjacent high-density residential uses from noise, light, and exhaust. Installation of a FOG interceptor will protect sewer improvements from line blockages and/or impairment. Findings of Fact Nos. 1, 3, 4, 8, 9, and 15. 2. The proposal is in accordance with the goals, policies, and objectives of the Comprehensive Plan. The proposed use is permitted within the Lakeland Hills Special Area Plan, which has been adopted as part of the City's Comprehensive Plan and ACC Title 18. The goals and policies of the Comprehensive Plan and Special Area Plan are supported by the proposal. Findings of Fact Nos. 4, S, 6, 7, and 11. 3. The proposal complies with all requirements of ACC Title 18. Required setbacks, landscaping, signage, building height, stacking space, pedestrian connectivity, and parking are being provided. Findings of Fact Nos. 3, 8, 10-13, and 16. 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 design of the proposed restaurant must comply with the architectural theme of the Lakeland Town Center. Landscaping will be required that would further enhance the site. Landscaping and signage must conform to the master plans adopted for the Lakeland Town Center. Findings of Fact Nos. 3, 12, and 13. 5. The proposal will not adversely affect the public infrastructure. The restaurant would be connected to public water and sewer. A FOG interceptor will screen fats, oils, and grease prior to discharge into the drainage and sewage system. The Lakeland Town Center stormwater drainage system was designed to account for the development of the site and is sufficient to provide for stormwater run-off generated by the proposal. Findings of Fact Nos. 10, 11, 14, and 15. Lakeland Town Center LLC - CUP06-0002 (McDonald's Drive-Thru) City ofAuburn Hearing Examiner Findings, Conclusion, and Recommendation Page 6 of 8 6. The proposal will not cause or create a public nuisance. Concerns were presented at hearing and/or through the exhibits that approval could cause or create a public nuisance. The location of the drive-thru, along the western border, may impact the adjacent apartment complex due to vehicular traffic (noise, lights, and exhaust), pedestrian access, and restaurant trash that could migrate onto the apartment site. Conditions of approval would mitigate for these impacts by providing a fence and vegetation to screen/prevent potential nuisances. A FOG interceptor will screen discharge prior to entering the drainage/sewer system and prevent impacts onto this element of the public infrastructure. Findings of Fact Nos. 3, 9, 10, 12, and 14. RECOMMENDATION Based upon the preceding Findings and Conclusions, the Hearing Examiner recommends that the Auburn City Council APPROVE the Applicant's request for a Conditional Use Permit to construct and operate McDonald's restaurant with a drive-thru lane on property located within the Lakeland Town Center at the southwest corner of the intersection of Lakeland Hills Way and Lake Tapps Parkway East, subject to the following conditions: 1. Site development shall occur in substantial conformance with the submitted plans and building elevations. Design of the proposed drive-thru restaurant shall be consistent with the architectural themes for the Lakeland Town Center. 2. The Applicant shall install a continuous black or green vinyl -clad chain link fence of no less than 42 inches in height from Lake Tapps Parkway East southward along the western property line, separating the restaurant property from the adjacent apartment complex. 3. Landscaping utilized by the Applicant along the western property line shall be predominantly evergreen so as to provide year-round screening of the drive-thru lane from the adjacent apartment complex. Plant selection for all landscaped areas should emphasize native and/or drought tolerant plants. 4. Drive-thru order stations speakers shall be oriented away from the adjacent apartment complex and, as required by ACC 8.28 and ACC 18.26.050(D), shall not be objectionable beyond the property boundary lines. 5. The Applicant shall install a FOG interceptor on the sewer line. 6. All lights located on the northwestern and western side of the building shall be the lowest level sufficient to provide for safety and security of the premises and shall be directed so as not to adversely affect the adjacent apartment complex residents. Lakeland Town Center LLC - CUP06-0002 (McDonald's Drive-Thru) City ofAuburn Hearing Examiner Findings, Conclusion, and Recommendation Page 7 of 8 7. The Applicant shall work with the City in designing a sidewalk along the eastern limits of the project area for safe pedestrian connection to the internal sidewalks of Lakeland Town Center from Lake Tapps Parkway East. Decided this 4h day of April, 2006. Juli K - Ainsworth -Taylor ( / Ci Auburn Hearing Examiner Lakeland Town Center LLC - CUP06-0002 (McDonald's Drive-Thru) City ofAuburn Hearing Examiner Findings, Conclusion, and Recommendation Page 8 of 8