HomeMy WebLinkAbout5735Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
20030714002718
PACZFZC NU TZT CORD 38.88
PAGE eS1 OF 8[2
87/14/2883 t5:2!
KZNG COUNTY, UA
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
Conditional Use Permit (ORD 5735)
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)
Auburn, City of
Grantee/Assignee/Beneficiary: (Last name first)
1. Safeway Inc
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
I Those portions of Tracts 8 &10 through 17 inc. Riverview Addition
[] Additional legal is on page I~ of document.
Assessor's Property Tax Parcel/Account Number
733140-0237
[] Assessor Tax # not yet assigned
ORDINANCE NO. 5 7 3 5
AN ORDINANCE OF THE CITY OF AUBURN, KING COUNTY,
WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO
ALLOW THE CONSTRUCTION AND OPERATION OF A FUEL
FACILITY ON PROPERTY CURRENTLY ZONED C-2, CENTRAL
BUSINESS DISTRICT, LOCATED AT 101 AUBURN WAY SOUTH,
WITHIN THE CITY OF AUBURN, WASHINGTON
WHEREAS, Application No. CUP01-0005 dated November 8, 2001, was
submitted to the City of Auburn, Washington, by Glee Hinshaw, of Inform, Inc.,
representing Safeway, Inc., for a Conditional Use Permit that would allow the
construction and operation of a fuel facility at 101 Auburn Way South. The property
is currently zoned C-2, Central Business District, 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
December 17, 2002 and the Hearing Examiner recommended approval of the
application on January 16, 2003.
Ordinance 5735
January 28,2003
Page !
WHEREAS, the City Council, on January 21, 2003, considered said request
and affirmed the Hearing Examiner's decision for the issuance of a Conditional Use
Permit to allow for the Construction and Operation of a Fuel Facility at 101 Auburn
Way South within the City of Auburn, Washington, based upon the following Findings
of Fact and Conclusions of Law and Decision, to-wit:
FINDINGS OF FACT
Safeway Inc., has applied for a conditional use permit that would allow the
construction and operation of a fuel facility at 101 Auburn Way South. The
property is currently zoned C-2, Central Business District.
The C-2, Central Business District, under the provisions of Section 18.28.030(H)
of the Auburn City Code, allows for the gasoline dispensing facilities if a
conditional use permit is issued. Section 18.28.030(H) defines 11 additional
criteria in addition to the criteria defined by Auburn City Code 18.64 for the
issuance of a conditional use permit to allow a gasoline dispensing facility in the
C-2 district.
The subject is located on approximately 4.75 acres and is developed and
operated as a "Safeway" grocery store approximately 63,000 square foot in size,
aP~ with associated parking.
4. The applicant has submitted renderings of the project that illustrate proposed
elevations of the completed proposal.
The City has received a comment letter from an adjacent business proprietor
(Ms. Divelbiss at 201 Auburn Way South). The letter generally indicates concern
regarding the process to permit the proposed use and the potential economic
impacts associated with similar uses in the marketplace. The letter was received
on November 5, 2002, during the public comment period, in response to the
Notice of Application associated with the proposal.
Ordinance 5735
January 28, 2003
Page 2
At the time of the public hearing, Safeway requested to be able to place the neon
signage for the gas prices on the main Safeway pylon sign instead of on the
covered canopy over the gas pumps. Safeway requested that the undersigned
interpret whether the pylon sign could be modified pursuant to Auburn Code
18.28.030 (H). The undersigned left the record open for the response of the City
of Auburn regarding the placement of the gas pricing information.
The City of Auburn Planning Department concluded that the signage regarding
gas pricing being placed at on the pylon sign and not on the canopy was
inconsistent with the aforementioned provision of the Auburn Zoning Code.
Thus, on December 19, 2002 Safeway withdrew its request to have the signage
in that location.
The contents of the case file, CUP01-0005, for this project are hereby
incorporated by reference and made part of the record of this hearing.
CONCLUSIONS OF LAW
The Hearing Examiner concurs with the staff conclusions 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 Section 18.64.040 of the Zoning Ordinance.
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 fuel facility will cause any adverse effects to any of
the adjoining uses. Fuel facilities are permitted subject to compliance with
several requirements of the Zoning Code, the purpose of which is promote the
health, safety and comfort of the city. The design of the Safeway fuel facility is
screened from the street by the use of a curved wall which gives the facility a nice
finished look while separating it well from the adjoining sidewalk.
2. The proposal is in accordance with the goals, policies and objectives of the
Comprehensive Plan.
O~inance 5735
January 28,2003
Page 3
The Auburn Comprehensive Plan Land Use Element Policy 86 recognizes that
automobile oriented uses within the Central Business District are to be located
and developed in accordance with the Auburn Downtown Plan and implementing
C-2 Central Business District code requirements. The Downtown Plan
encourages in-fill development. The Auburn zoning code allows the proposed
use subject to conditional use permit review and approval.
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 is found to be consistent with Auburn City Code 18.25.030(H)(1-11 )
as follows:
The facility must be accessory to an existing retail/service establishment in
which the principal tenant has a minimum floor area of at least 25, 000
square feet. The principal tenant must own and/or manage the facility. The
facility must be located on the same parcel of property as the principal
tenant and the property must be at/east 100,000 square feet in area.
The subject site is over 100,000 square feet with a principal structure
greater than 25,000 square feet.
The facility must be located on the property to minimize the amount of
conflict to the pedestrian traffic.
The facility is located at the corner of the site, outside of the pedestrian
corridors leading to and from the principal structure's entrance. The
facility is separated from the public sidewalk by a five (5) foot wide
landscape area along the street frontage as required by
18.25.030(H)(8).
The facility must be located on and have direct access to an arterial using
existing curb cuts and driveways whenever practical. If the curb cuts and
driveways do not meet current city standards then they shall be brought up
to such standards.
The facility is located adjacent to the Auburn Way South frontage and
will rely on an existing driveway that is being relocated to better define
the overall site circulation.
Ordinance 5735
January 28, 2003
Page 4
The facility cannot interfere with the existing parking and/or traffic
circulation on the property. There shall be enough room on the property to
allow for adequate stacking space for vehicles waiting for fuel in order to
avoid cars interfering with vehicles on the street. The facility cannot reduce
the amount of parking required by the zoning code.
The driveway adjacent to the proposed fuel facility will be relocated to
provide for improved site circulation. Vehicles queuing at the fuel
dispensers are not anticipated to conflict with overall site circulation
movements. The proposal will result in the loss of off-street parking
spaces; however, the overall site will provide sufficient off-street
parking to satisfy Auburn City Code requirements. During the public
hearing, the applicant satisfied the questions of the Hearing Examiner
relating to whether there was sufficient space for stacking vehicles
waiting for fuel.
The facility shaft have a roof that covers aft activities including the pay
window, refuse containers, fuel pumps and the adjacent parking area for
the cars being fueled. The area that is covered by the roof of the facility
shaft be no larger than 6,000 square feet. The number of pumps shaft be
limited to five such that no more than 10 vehicles may be fueled at any one
time.
The facility will have a canopy, approximately 4,731 square feet in size,
that covers the fueling stations. Only 10 fuel stations are proposed.
The 432 square feet kiosk is partially located under the canopy, but is
roofed.
Columns or similar architectural features shaft be provided that screen the
visibility of the pump islands as well as give the visible impression of
enclosing the structure. If necessary, provisions must be made to avoid a
safety issue of enclosing any fumes associated with the fueling of the
vehicles. The overall height of the facility shall not exceed 20 feet.
The columns and architectural features are shown on the rendering.
The height of the facility will be equal to or less than 20-feet
The design, architectural treatment and streetscape features of the facility
must be consistent with the design concepts as outlined in paragraph "P'
of Section 1.4 of the downtown plan as well as provide some design
continuity between the facility and primary structure.
O~inance 5735
Januaw 28,2003
Page 5
The proposal complies with the applicable design concepts. The
design treatments of the facility will be consistent with the design
treatments of the principal structure.
A five-foot width of Type III landscaping shaft be provided along the street
frontage(s) that the facility is oriented to.
The five-foot width of landscaping exists and will be maintained.
Any other products for sale shaft only be displayed within the building
containing the pay window and any such products shaft be incidental to
automobile care/maintenance, or snacks and beverages. No sales of
alcoholic beverages will be allowed.
The proposal is capable of compliance with requirement.
10. Signs shall be limited to permanent waft signs, attached to the face of the
canopy, only.
The proposal is capable of compliance with requirement.
11. The application for the conditional use permit shaft illustrate how it
complies with these standards.
The application has demonstrated compliance with the Zoning Code
standards.
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 Auburn Way
South corridor.
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.
Ordinance 5735
Januaw 28,2003
Page 6
DECISION
Based upon the application, Findings of Fact and Conclusions as outlined herein, the
undersigned Hearing Examiner recommends to the City Council approval of the
conditional use permit subject to the following conditions:
Building elevations shall be submitted as a component of the building permit
application. The building elevations shall demonstrate that the finished
elevations will be constructed consistent in design and material with the color
rendering submitted in support of the Conditional Use Permit application
(CUP01-0005).
2. The fuel pricing and/or other signage information for the fueling facility shall be
located on the canopy and not on the pylon sign.
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.
Section 2. A Conditional Use Permit is hereby approved to allow for the
construction and operation of a fuel facility at 101 Auburn Way South on property
zoned C-2, Central Business, located at 101 Auburn Way South and identified on
Exhibit "A" attached hereto and incorporated in this Ordinance by this reference in
the City of Auburn, County of King, State of Washington.
O~inance 5735
Janua~ 28,2003
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 of
this ordinance, or the validity of its application to other persons or 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 King 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.
INTRODUCED:
PASSED:
APPROVED:
FEB 3 2003
FEB 3 2003
FEB 3 2003
PETER B. LEWIS
MAYOR
O~inance 5735
January 28,2003
Page 8
ATTEST:
Danielle E. Daskam
City Clerk
O~inance 5735
Januaw 28,2003
Page 9
LEG~ DESC~I PTiON
THOS.~- PORTIONS OF T~CTS 8 ~ 10 THROUGH 17, INCLUSIVE.
RI~RVlEW ia~DDITION TO AUBURN, 'ACCORDING TO T~E P~-~T THEREOF
RECORDED IN VOLUME 9 OF PLATS, PAGE 90, IN KING COUN~F~y,
· THROUG" 8, INCLUSIVE, BLOCK 4, ~ LOTS 1 THROUGH 3, INCLUSIVE,
BLOCK 2, ABRAP~%M"S PARK" ACCORDING TO THE PLAT THEREOF RECORDED
IN VOLUME 27 OF PLATS, PAGE 26, IN. KING COUNTY, WASHINGTON;.
TOGETHER WITH THE VACATED ALLEYS, PER AUBURN CITY ORDINANCE NO.
3189 IN SAID BLOCK 4, AND THAT VACATED PORTION, PER SAID
ORDINANCE NO. 3189 OF "B" STREET SOUTHEAST LYING WITHIN SAID
RIVERVIEW ADDITION, ALL MORE PARTICULARLY DESCRIBED AS FOLLOWS:
cOMME~.CING AT THE SOUTHEAST CORNER OF LOT 6, BLOCK 4, SAID
ABRAHAM'S PARK, THENCE SOU77~ 88%%d22'35" WEST 19.67 FEET ALONG
THE .SOUTH LINE THEREOF AND THE NORTH MARGIN OF SECOND STREET
SOU77{EAST TO THE'MOST WESTERLY CORNER OF PARCEL DESCRI'BED IN
DEED TO THE CITY OF AUBURN REcoRDED UNDER KING COUNTY RECORDING~
'NUMBER 7804180031 AND THE TRUE POINT OF 'BEGINNING;
THENCE .CONTINUING SOUTH 88~22'35" WEST 336.'81 FEET 'ALONG SAID
NORTH MARGIN TO THE SOUTHWEST CORNER OF. LOT 1, 'SAID BLOCK 4;
THENCE NORTH 00~21'20" EAST 131.45 FEET ALONG THE EAST MARGIN
OF SAID #B" STREET SOUTHEAST TO THE SOU774 LINE OF TRACT 14,
SAID RIVERVIEW ADDITION;
THENCE SOUTH 88~06'19" WEST 50.04 FEET ALONG SAID SOUTH LINE TO
THE WEST MARGIN OF' "B"- STREET SOUTHEAST;'
THENCE SOU~ 00~21'20" WEST 131.21 FEET ALONG SAID WEST MARGIN
TO SAID NORTH MARGIN OF SECOND STREET SOUTHEAST;
-THENCE SOUTH 88%%d22'35" WEST 209.16 FEET ALONG SAID NORTH
MARGIN TO THE MOST EASTERLY CORNER OF PARCEL DESCRIBED IN DEED
TO THE CITY OF AUBURN R~CORDED UNDER K/NG COUNTY RECORDING
NUMBER 7701270575 AND THE BEGINNING OF A CURVE CONCAVE
NORTHEASTERLy HAVING 'A RADIus OF 20.00 FEET;
THENCE WESTERLY, NORTHWESTERLy AND NORTHERLY 32.11 FEET ALONG
SAID CURVE AND THE SOU77~WESTERLY LINE OF SAID PARCEL 'DESCRIBED
IN DEED TO THE CITY OF AUBURN THROUGH A CENTRAL ANGLE OF
· 91%%d58'45" TO THE EAST MARGIN OF "A" STREET SOUTHEAST;
THENCE NORTH 00%%.d21'20. EAST 109.42 FEET ALONG sAID EAST MARGIN -
TO THE SOUlTq LINE OF-SAID TRACT 14; '
THENCE NORTH 88%%d06'19" EAS. T 114.95 FEET ALONG SAID SOUTH LINE
TQ THE WEST LINE OF THE EAST' F~%LF OF THAT PORTION OF SAID TRACT
14. LYING WEST OF SAID "B" sTREET SOUTHEAST;
THENCE NORTH 00%%d21'20" EAST 60.05 FEET ALONG SAID WEST LINE
TO THE SOUTH LINE OF TRACT 13, SAID RIVERVIEW ADDITION;
THENCE NORTH 88~06'19" EAST 5.14 'FEET ALONG SAID SOU77{ LINE TO
THE EAST LINE OF THE WEST 120.00 FEET OF SAID TRACT 13;
THENCE NORTH' 00~21'20" EAST 60.05' FEET ALONG SAID. EAST LINE TO
THE SOU77{ LINE OF TRACT I2, SAID RIVERVIEW ADDITION;
.T~ENCE NORTH 88~06' 12" EAST 18.00 FEET ~J~ONG SAID So[FrH LINE; .
THENCE NORTH 00~21'20- EAST 120.10 FEET TO THE SOU/"H LINE OF
TRACT 10, SAID RIVERVIEW ADDITION;
THENCE NORTH 88~06'05. EAST 405.30 FEET ALONG SAID SOUTH LINE;
THENCE NORTH 00~21'20. EAST PARALLEL TO THE WEST LINE OF SAID
TRACT. 10, -109.41 FEET TO THE SOUTH LINE OF THE NORTH 116.00
FEET OF TRACT 8, SAID RIVERVIEW ADDITION, BEING ALSO THE soU/q{
Ordinance 5735
Exhibit "A"
Page 1
LINE OF AN ALLEY, DEEDED TO THE CITY OF AUBURN BY A DEED
RECORDED JAN~3ARY 22, 1916, RECORDS OF KING COUntY, UNDER
RECORDING NUMBER 1039136;
THENCE NORTH 86049'55" EAST 84.57 FEET ALONG SAID SOUTH LINE TO
THE WEST MARGIN OF AUBURN.WAY SOUTH;
THENCE SOUTH 00039'45" EAST 464.73 FEET ALONG SAID WEST MARGIN
TO THE MOST NORTHERLY CORNER OF SAID PARCEL DESCRIBED IN DEED
TO THE CITY OF AUBURN RECORDED UNDER RECORDING NUMBER
7804180031 AND THE BEGINNING OF A CURVE CONCAVENORTHWESTERLY
HAVING 'A RADIUS OF 20.00 FEET;
THENCE SOUTHERLY, SOUTHWESTERLY AND WESTERLY 31.08 FEET ALONG
SAID CURVE AND THE NORTHWESTERLY LINE OF SAID PARCEL DESCRIBED
IN DEED TO CITY OF AUBURN RECORDED UNDER RECORDING NUMBER
7804180031 THROUGH A CENTRAL ANGLE OF 89%%d02'20" TO THE TRUE
POINT OF BEGINNING.
THE PARCEL DESCRIBED ABOVE CONTAINS 207,260 SQUARE FEET (4.76
ACRES), MORE OR LESS.
SITUATE IN THE CITY OF AUBURN, KING COUNTY, WASHINGTON.
Ordinance 5735
Exhibit "A"
Page 2