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HomeMy WebLinkAbout4863Ct~ Cl Aub~ ! $ ]0 17 ~0 F AU~'g'~OEIVED THIS DAY West n, WA 98001 JUL 19 9 /5 ORDINANCE NO. 4 8 6 ~ ~'~ ORD'r~'CE OF TH~ c'r?¥ OF AEE~E~N, WASHTNGTON, PROVIDING FOR A CONDI?ION~L USE ?E~MIT TO ALT,OW ?H~. CONS~RUCTTON O~ A DRIVE- IN RESTAURANT ON PROPERTY ZONED CN (NEIGHBORHOOD COMMERCIAL) LOCATED AT 3224 AUBURN WAY SOUTH, WITHIN THE CITY OF AUBURN, WAS H I NGTON. WHEREAS, Application No. CUP0006-95 dated May 5, 1995, together with site plans therefore, has been submitted to the City of Auburn, Washington, by THOMAS BUCKLEY, requesting a Conditional Use Permit to allow for the construction of a drive-in restaurant in a CN (Neighborhood Commercial) zone located at 3224 Auburn Way South, within the City of Auburn, Washington, hereinafter described in Section 2 of the Ordinance; and W~EREAS, said request above referred to, was referred to and review, Council the the to allow the Hearing Examiner for study and public hearing thereon; WHEREAS, the Hearing Examiner, based upon staff held a public hearing to consider said petition in the Chambers of the Auburn City Hall, on April 16, 1996, at conclusion of which the Hearing Examiner recommended approval of the issuance of a Conditional Use Permit Ordinance No. 4863 May 10, 1996 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 for the construction of a drive-in (Neighborhood Commercial) zone; and WHEREAS, the City Council, on May said request and the issuance of a construction of a Commercial) zone, Way South, within the following Findings of Fact and Conclusions, restaurant in a CN 6, 1996, considered affirmed the Hearing Examiner's decision for Conditional Use Permit to allow for the drive-in restaurant in a CN (Neighborhood located on property situated at 3224 Auburn the City of Auburn, Washington, based upon to-wit: The applicant, Andres Canenas, applies for a conditional use permit to allow the construction of an 82 seat restaurant containing a drive-in window. The subject property is located at 3224 Auburn Way South and is currently vacant. The property is zoned CN, Neighborhood Commercial, and the subject zoning requires a conditional use permit if a restaurant has a seating capacity of more than 25. In addition, the conditional use permit is required for a drive-in window. This zone is intended to provide for commercial uses which serve a limited neighborhood area. The conditional use permit review process is intended to regulate the compatibility of the use with the neighborhood. Ordinance No. 4863 May 10, 1996 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4 o Surroundin9 zoning and land uses in the vicinity include R-4, vacant, to the north; CN, commercial, to the south; CN, vacant, to the east; and CN, commercial, to the west. The Comprehensive Plan designates the subject site for neighborhood commercial uses, and land located in all directions contains a similarly Comprehensive Plan designation except for property to the north which is designated for multiple family uses. The site is located on Auburn Way South which is a heavily traveled major arterial. The vacant structure currently on the property is an eyesore. The applicant is proposing to remodel and add to the existing structure. When finished, the restaurant will be 3,000 square feet in area and will have 31 on-site parking spaces. The subject property is 32,942 square foot lot which is part of a four lot short plat. All four lots have access from Auburn Way South along a common access. A Mitigated Determination of Non-Significance containing 12 conditions of approval has been issued addressing storm drainage, erosion control, and traffic. CONCLUSIONS OF LAW The permit may be approved if it is consistent with criteria set forth in the Zoning Ordinance for the granting of a conditional use permit. The first criteria is that the use have no more of an adverse effect on the health, safety, or comfort of persons living or working in the area than would a use generally permitted in the district. Given its location, the proposal will not have an adverse effect upon the area. The proposal will replace an abandoned structure Ordinance No. 4863 May 10, 1996 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 and will ensure a coordinated access to the major arterial. The Comprehensive Plan illustrates this area to be appropriate for uses such as this one. Accordingly, the proposal complies with the 9oals, policies, and objectives of the plan. The proposal complies with all requirements of the Zoning Ordinance. The application contains drawings of buildin~ elevations which ensure that it will be compatible with the neighborhood. The proposal will not adversely affect the public infrastructure since traffic improvements have been required as a result of the Mitigated Determination of Non-Significance. For each of the above referenced reasons, the recommendation of the Hearin~ Examiner to the Auburn City Council on this Conditional Use Permit to allow the construction of a drive-in restaurant in a CN (Neighborhood Commercial) zone, located on property situated at 3224 Auburn Way South, is approved. NOW, THEREFORE, THE CITY COUNCIL OF THE WASHINGTON, DO ORDAIN AS FOLLOWS: CITY OF AUBURN, Ordinance No. 4863 May 10, 1996 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 of Fact and Conclusions, Ordinance. to allow the construction (Neighborhood Commercial) at 3224 Auburn Way South, The above cited Hearin9 Examiner's Findings are herewith incorporated in this Permit of a drive-in restaurant zone, located on property within the City of Auburn, Kin9, State Exhibit "A", full herein. A Conditional Use of Washington, legally described on and made a part hereof as though set Upon the passage, is hereby approved in a CN situated County of attached forth in this Ordinance as provided by law, of Auburn shall cause this Ordinance office of the Kin9 County Auditor. ~. The Mayor is hereby authorized such administrative procedures as may be out the directions of this legislation. approval and publication of the City Clerk of the City to be recorded in the to implement necessary to carry ~9_c~. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. Ordinance No. 4863 May 10, 1996 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 INTRODUCED: PASSED: APPROVED: CHARLES A. BOOTH MAYOR ATTEST: Robin Wohlhueter, City Clerk APPROVED AS TO FORM: ~~nolds, City Attorney PUBLISHED: Ordinance NO. 4863 May 10, 1996 Page 6 LEGAL DESCRIPTION Lot 1 THAT PORTION OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER AND OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 21 NORTH, RANGE 5 EAST, W,M., KING COUNTY WASHINGTON, LYING SOUTH OF A LINE DRAWN PARALLEL WITH AND 250.00 FEET NORTH, WHEN MEASURED AT RIGHT ANGLES, OF THE NORTH MARGIN OF PRIMARY STATE HIGHWAY NO. 5 (AUBURN WAY SOUTH): EXCEPT THE WEST 125.00 FEET OF SAID EAST HALF: AND EXCEPT THAT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M. KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID WEST HALF WITH THE NORTH MARGIN OF PRIMARY STATE HIGHWAY NO. 5 (AUBURN WAY SOUTH): THENCE N 89 DEGREES, 43' 51" W, ALONG SAID MARGIN, A DISTANCE OF 50.00 FEET: THENCE N 00 DEGREES 46' 31" E. PARALLEL WITH SAID EAST LINE OF THE WEST HALF, A DISTANCE OF 205.01 FEET: THENCE N 67 DEGREES 24' 34" W, A DISTANCE OF 118.48 FEET TO A POINT ON A LINE DRAWN PARALI' EL WITH AND 250.00 FEET NORTH OF SAID STREET MARGIN: THENCE S 89 DEGREES 43' 51" E, ALONG SID LINE. A DISTANCE OF 160.00 FEET TO A POINT ON SAID EAST LINE OF THE HEREINBEFORE DESCRIBED SUBDIVISION: THENCE S 00 DEGREES 40' 31" W. ALONG SAID EAST LINE. A DISTANCE OF 250.01 FEET TO THE POINT OF (~BEGINNING. Ordinance No. 4863 Exhibit "A"