HomeMy WebLinkAbout5776200308291380 11 PGS
08- 29 - 2003 03' 50pm $29.00
PIERCE COUNTYi WASHINGTON
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 No. 5776)
Reference Number(s) of Documents assigned or released:
r-]Additional reference #'s on page __ of document
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
City of Auburn ~,,.
Grantee/Assignee/Beneficiary: (Last name first)
1. Evergreen Tucc Partners LLC
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
Lot 3 of Short Plat recorded under 200107300662 and re-recorded under 200108160470 in Pierce County
[] Additional legal is on page _11 of document.
Assessor's Property Tax Number
Parcel/Account
052007-4007
[] Assessor Tax # not yet assigned
ORDINANCE NO. 5776
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON,
PROVIDING FOR A CONDITIONAL USE PERMIT TO ALLOW FOR
A DRIVE-THROUGH DRUGSTORE, DRIVE-THROUGH
RESTAURANT AND AN AUTOMOBILE FUEL SERVICE STATION
ON APPROXIMATELY 11.43 ACRES, LOCATED AT THE
SOUTHEAST CORNER OF THE LAKELAND HILLS WAY/LAKE
TAPPS PARKWAY EAST INTERSECTION, WITHIN THE CITY OF
AUBURN, WASHINGTON
WHEREAS, Application No. CUP03-0003 dated April 4, 2003, was
submitted to the City of Auburn, Washington, by Evergreen Tucci Partners LLC,
for a conditional use permit to allow a drive-through drugstore, drive through
restaurant and an automobile fuel service station on approximately 11.43 acres,
located at the southeast corner of Lakeland Hills Way/Lake Tapps Parkway East,
within the City of Auburn, Washington; and
WHEREAS, said application was referred to the Hearing Examiner for study
and public hearing thereon, along with staff review; and
WHEREAS, the Hearing Examiner held a public hearing to consider said
application in the Council Chambers of the Auburn City Hall, on June 17, 2003,
and the Hearing Examiner recommended approval of the application on July 1,
2003; and
WHEREAS, the City Council on July 7, 2003 considered said request and
affirmed the Hearing Examiner's decision for the issuance of a conditional use
Ordinance 5776
July 16, 2003
Page 1
permit to allow for a drive-through drugstore, drive through restaurant and an
automobile fuel service station on property zoned Planned Unit Development
(PUD) District - Lakeland Hills South Special Plan Zone, located at the southeast
corner of Lakeland Hills Way/Lake Tapps Parkway East, within the City of Auburn,
Washington, based upon the following Findings of Fact and Conclusions of Law
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 approximately 11.43-acres.
2. The property is zoned "Planned Unit Development (PUD) District- Lakeland
Hills South Special Plan Area Zoned" and is within the Lakeland South
Planned Unit Development and has an underlying Comprehensive Plan
designation of Light Commercial.
3. The Lakeland South PUD district 'permits non-residential uses under
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 1.26.030(F)). Automobile service stations require a conditional use
permit (ACC Section 18.26.030(D)).
Ordinance 5776
July 16, 2003
Page 2
and Decision, to-wit:
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 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.
The site is highly visible from the Lake Tapps Parkway.
ACC Section 18.76.070(D) defines architectural design guideline
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
Ordinance 5776
July 16, 2003
Page 3
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-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 OF LAW
The Hearing Examiner has concluded that the conditional use permit may
be approved in that it is consistent with the following criteria:
1. Minor adjustments to the site plan are needed to demonstrate compliance
with Auburn City Code requirements.
Ordinance 5776
July 16, 2003
Page 4
2. To reduce the potential for vehicle emissions impacting off-site users and to
provide for a separation of uses for the residentially zoned property to the
south, the proponent shall provide a 10-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.
4. 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 feature s 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.
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.
2. 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
Ordinance 5776
July 16, 2003
Page 5
south, the proponent shall provide a 10-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.
4. 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.
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
of Law and Decision, are herewith incorporated in this
and Conclusions
Ordinance.
Section 2.
A conditional use permit is hereby approved to allow for a drive-
through drugstore, drive-through restaurant and an automobile fuel service station
on approximately 11.43-acres located at the southeast corner of Lakeland Hills
Way/Lake Tapps Parkway East, and identified on Exhibit "A" attached hereto and
Ordinance 5776
July 16, 2003
Page 6
incorporated in this Ordinance by this reference in the City of Auburn, State of
Washington, subject to the following conditions:
1. Minor adjustments to the site plan are needed to demonstrate compliance
with Auburn City Code requirements.
2. 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 10-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.
4. 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.
Section 2. Administrative Authority. The Mayor is hereby authorized
to implement such administrative procedures as may be necessary to carry out the
directives of this legislation.
Ordinance 5776
July 16, 2003
Page 7
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
or the validity of its application to other persons or
of this ordinance,
circumstances.
Section 4.
Recordinq. 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. 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,
ATTEST:
Da~elle E. Daskam
City Clerk
JUL 2 ] 21~
INTRODUCED:
PASSED: JUL ,~ 1 2003
JUL 2 I 2003
,Ir
PETER B. LEWIS
MAYOR
Ordinance 5776
July 16, 2003
Page 8
Da~Heid
City Attorney
PUBLISHED:
Ordinance 5776
July 16, 2003
Page 9
· ' 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.
Ordinance No. 5776
Exhi bi t A