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HomeMy WebLinkAbout5861 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): \ '2/s I Prv l-V\ L...-) '3 8 l{ r; - h_ Conditional Use Permit #CUP04-0002 (Ordinance 5861) Reference Number(s) of Documents assigned or released: DAdditional 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. LOG Architects 2. Kajani, Sam 3. Small, Steve Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Lot 26 and River View Addition to Auburn portion of east 90 feet sly of Cross Street and east 90 feet of portion of filled river bed D Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number 733140-0450-02 o Assessor Tax # not yet assigned ORDINANCE NO. 5 8 6 1 AN OROINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE ISSUANCE OF A CONOITIONAL USE PERMIT TO ALLOW FOR THE REOEVELOPMENT OF A FORMER AUTOMOBILE FUEL STATION SITE TO CONSTRUCT ANO OPERATE A ORIVE THROUGH ESPRESSO STANO WHEREAS, Application No. CUP04-0002 was submitted to the City of Auburn, Washington, by of Mike Baily of LOG Architects as agent for Sam Kajani, Big Foot Java and property owner Steve Small, of the Investors Five Inc., for a conditional use permit to allow for the redevelopment of a former automobile fuel station site to construct and operate a drive through espresso stand, at 407 Auburn Way South, in Auburn, Washington (Lot 26 and River View Addition to Auburn portion of east 90 feet sly of Cross Street and east 90 feet of portion of filled river bed, in Auburn, King County, 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 22, 2004, after which the Hearing Examiner recommended approval of the application in accordance with the Hearing Examiner's Findings of Fact, Conclusions of Law and Oecision issued on June 29, 2004; and Ordinance 5861 July 6, 2004 Page 1 WHEREAS, on July 19, 2004, the City Council considered said application and Hearing Examiner's recommendation, and considered accompanying information relative to the proposed Conditional Use Permit, including the following Findings of Fact and Conclusions of Law and Oecision of the Hearing Examiner, to-wit: BEFORE THE HEARINGS EXAMINER FOR THE CITY OF AUBURN In the Matter of the Application of ) ) ) ) ) ) For Approval of a Conditional Use Permit. ) ) NO. CUP04-0002 Mike Baily, LOG Architects as agent for Sam Kajani, Big Foot Java on behalf of Steve Small, property owner FINOINGS, CONCLUSIONS ANO OECISION SUMMARY OF OECISION The request for a Conditional Use Permit to allow a drive-through espresso stand on property that was formerly an automobile fuel station is GRANTEO, with conditions. SUMMARY OF RECORO Request Steve Small (Applicant) seeks approval of a Conditional Use Permit (CUP) to allow a drive-through espresso stand on property that was formerly an automobile fuel station. Pursuant to ACC 18.28.030(C), drive-in facilities are permitted in the Central Business Oistrict Commercial (C2) zone with the approval of a CUP. The Applicant proposes to remove the existing building and construct a 650 square foot building near the center of the property to allow drive-through lanes on both the east and west sides of the building. The Applicant also proposes to provide a Ordinance 5861 July 6, 2004 Page 2 pedestrian walk-up service window, an outdoor covered seating area and two parking spaces. Hearing Oate The Hearing Examiner for the City of Auburn held an open record public hearing on June 22, 2004. Testimony At the open record public hearing, the following individuals entered testimony under oath: 1. Jeff Oixon, City of Auburn Project Coordinator 2. Mike Baily, Architect for Big Foot Java Exhibits The following hearing: exhibits were admitted to the record at the open record public Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: Exhibit 7: Exhibit 8: Exhibit 9: Staff Report Vicinity Map Preliminary Site Plan Application 2001 Aerial Photograph of the Site Orawing, City's Cross Street Improvements in Project Vicinity Notice of Public Hearing Certification of Posting Revised Condition No.1 Upon consideration of the testimony and exhibits admitted at the open record hearing, the Hearings Examiner enters the following Findings and Conclusions: FINOINGS 1. The Applicant requests approval of a Conditional Use Permit (CUP) to allow a drive-through espresso stand on property that was formerly used as an automobile fuel station. The subject property is a 0.35-acre parcel located at Ordinance 5861 July 6, 2004 Page 3 407 Auburn Way South, at the southwest corner of Cross Street SW and Auburn Way South.' The property is in the Central Business Oistrict Commercial (C2) zone. Pursuant to Auburn City Code (ACC) 18.28.030(C), drive-in facilities are permitted in the C2 zone with the approval of a CUP. Exhibit 1, Staff Report, pages 1 and 2. 2. The site was formerly an automobile fuel station. The pump island canopy, the pump islands and the underground fuel tanks were removed in approximately 1996, from which time the site has not been used. The site is paved except where the pavement was removed in order to excavate the underground fuel tanks. The northern portion of the site contains a freestanding sign for an adjacent medical office business within an easement. The southern portion of the site contains above ground utility appurtenances, such as transformers and meters, also within easements. Exhibit 1, Staff Report, page 2. 3. The Applicant proposes to remove the existing building and construct a 650 square foot, 24.5-foot high, building in the center of the property. The new building would function as a drive-through espresso stand, with drive-up windows located on the east and west sides and a pedestrian walk-up window located on the northeast corner. The existing pavement adjacent to the proposed building would be removed and replaced with stamped concrete and landscaping. The stamped concrete would direct pedestrian traffic to the walk- up window, while landscaping would channel the lanes of vehicle traffic. A short retaining wall would be constructed along the central portion of the east property line to provide a gentle transition in grade to the proposed pedestrian seating area along Auburn Way South. The improvements are designed to comply with the design and building orientation requirements of the C2 zone. Exhibit 1, Staff Report, page 2. 4. Mike Baily testified that the inclusion of pedestrian walk-up service and an outdoor seating area would encourage a pedestrian streetscape in downtown Auburn. Testimony of Mr. Baily. 5. The Applicant proposes two on-site parking spaces: one south of the building and one at the southeast corner of the building. The City of Auburn's traffic engineering division within the Public Works Oepartment has reviewed the 1 The parcel's legal description is Lot 26 and river view addition to Auburn portion of east 90 feet sly of Cross Street and east 90 feet of portion of filled riverbed. The parcel's tax number is 733140- 0450-02. Ordinance 5861 July 6, 2004 Page 4 proposed vehicle standing areas and queuing lanes, and has determined that the dual drive-up windows provide sufficient on-site queuing. Exhibit 1, Staff Report, page 3. 6. The site currently has two driveways: one driveway to Auburn Way South at the southeast corner of the site and one driveway to Cross Street SE at the north-central boundary of the site. The southern driveway (on Auburn Way South) would be retained and would be restricted to right-in and right-out turning movements. The northern driveway (on Cross Street SE) would be removed as part of the City of Auburn's future road widening project of Cross Street SE. That driveway would be removed since its proximity to the signalized intersection of Auburn Way South and Cross Street SE is prohibited and since the City's widening project will result in the placement of a median barrier at the location of the existing driveway. Exhibit 1, Staff Report, page 3. 7. Ouring the City's Cross Street widening project, which is anticipated to be bid in the Spring of 2005 with construction in the Summer of 2005, access to the subject property will be provided by a shared access driveway with the abutting property to the west. If the espresso stand is completed prior to the City's Cross Street widening project, the existing Cross Street driveway will be required to be barricaded until the driveway is removed. If the espresso stand is completed prior to the City's Cross Street widening project, the Applicant could voluntarily secure an access easement to cross the adjoining property and utilize the driveways located on the property to the west. Unless such an easement is secured, the subject property would be limited to the driveway to Auburn Way South for an interim period until the road project is completed and the driveway to Cross Street SE is relocated. The relocated driveway will be centered along the common property line between the subject property and the property to the west. This future shared access driveway would be restricted to right-in and right-out turning movements. The City of Auburn's traffic engineering division within the Public Works Oepartment has determined that the proposed driveway relocation and restricted right-in and right-out turning movements will reduce or avoid safety impacts to adjacent streets. Exhibit 1, Staff Report, page 3; Testimony of Mr. Dixon. 8. The Applicant's proposed site plan shows the future driveway locations and takes into account the approximately 13 feet of additional property to be acquired by the City along the north side of the subject property for the Ordinance 5861 July 6, 2004 Page 5 widening of Cross Street. Exhibit 1, Staff Report, page 3; Exhibit 3, Preliminary Site Plan. 9. The proposed business will be required to obtain a City business registration prior to conducting business at the subject location. Exhibit 1, Staff Report, page 3. 10. There is no indication that the proposed land use would have a detrimental effect on the surrounding land uses. The proposed land use may have a positive impact on surrounding land uses, in that additional business activity will be drawn to the area including some pedestrian traffic. Testimony of Mr. Dixon. 11. Surrounding land uses are all within the C2 zone. To the north, auto lube service is provided. To the south, there is a highway. To the east, retail and restaurant commercial uses are in operation. To the west, a shopping center with a medical office, and retail and restaurant commercial uses are in operation. Exhibit 1, Staff Report, page 1. 12. The request is exempt from environmental review under the State Environmental Policy Act. Exhibit 1, Staff Report, page 1. 13.A notice of public hearing was issued and certification of notice of a public hearing was provided on June 9, 2004. Exhibit 7, Notice of Public Hearing; Exhibit 8, Certification of Notice. CONCLUSIONS Jurisdiction The Hearing Examiner is granted authority to hear and decide applications for a conditional use permit pursuant to ACC 18.64.020 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 Pursuant to ACC 18.64.040, to approve a conditional use permit, the Hearing Examiner must find that the proposed use is permitted within the zone, and that: Ordinance 5861 July 6, 2004 Page 6 - 5. 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. With the recommended conditions and the C2 zoning district design requirements, the proposal will not alter the character of the lot in ways that would be inconsistent with the existing character of commercial uses in the immediate vicinity. Findings of Fact Nos. 1,4, 5, 9, 11. 6 The proposal will not adversely affect the public infrastructure. The proposed land use will utilize existing utility services and one of the two existing driveways to the site. The second driveway will require relocation. The project has been designed to account for the City's Cross Street SE widening project. There is no indication that public infrastructure would be affected by the proposal. Findings of Fact Nos. 6-8. 7. The proposal will not cause or create a public nuisance. The proposal is consistent with the surrounding commercial uses in the vicinity. There is no indication that the proposed land use would cause or create a public nuisance. Findings of Fact Nos. 1, 10, 11. OECISION The request for a Conditional Use Permit to allow a drive-through espresso stand on property that was formerly an automobile fuel station is GRANTEO, with the following conditions: 1. Prior to occupancy, the Applicant shall sign the site driveway access to Cross Street SE 'No Left Turn'. And prior to occupancy, the Applicant shall be responsible for installing 'C' curbing on Cross Street SE to the satisfaction of the City Engineer. At the time of completion of the Cross Street Road Project the City shall construct a revised driveway access onto Cross Street for the Applicant at a location defined by the City and it shall reinstall 'C' curbing on Cross Street SE at its expense if the 'C' curbing installed by the Applicant has been damaged and or removed during construction. 2. Only right-in, right-out access shall be allowed on Auburn Way South by means of 'C' curbing installed by the Applicant in the center of Auburn Way South to the satisfaction of the City Engineer. The improvements shall be completed prior to the issuance of occupancy permits for the site building. Ordinance 5861 July 6, 2004 Page 9 3. All driveways (the existing driveway to Auburn Way South and the future driveway to Cross Street SE, after the completion of the City's road widening project) shall be signed 'No Left Turn'. The Applicant shall be responsible for installing and maintaining the sign at the southern driveway. The Applicant shall be responsible for installing and maintaining the sign at the northern driveway after installation by the City. The sign for the southern driveway shall be completed prior to the issuance of occupancy permits for the building. 4. Prior to the issuance of construction permits the Applicant shall submit a site plan and specification of the design features for review and approval by the Planning Oirector as required by ACC 18.28.050(F) for the C2 zoning district. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, 00 OROAIN as Follows: Section 1. Conditional Use Permit. A Conditional Use Permit is hereby approved to allow a drive-through espresso stand on property that was formerly an automobile fuel station, at 407 Auburn Way South, in Auburn, Washington (Lot 26 and River View Addition to Auburn portion of east 90 feet sly of Cross Street and east 90 feet of portion of filled river bed, in Auburn, King County, Washington), subject to the following conditions: 1. Prior to occupancy, the Applicant shall sign the site driveway access to Cross Street SE 'No Left Turn'. And prior to occupancy, the Applicant shall be responsible for installing 'c' curbing on Cross Street SE to the satisfaction of the City Engineer. At the time of completion of the Cross Street Road Project the City shall construct a revised driveway access onto Cross Street for the Applicant at a location defined by the City and it shall reinstall 'C' curbing on Cross Street SE at its expense if the 'C' curbing installed by the Applicant has been damaged and or removed during construction. Ordinance 5861 July 6, 2004 Page 10 2. Only right-in, right-out access shall be allowed on Auburn Way South by means of 'C' curbing installed by the Applicant in the center of Auburn Way South to the satisfaction of the City Engineer. The improvements shall be completed prior to the issuance of occupancy permits for the site building. 3. All driveways (the existing driveway to Auburn Way South and the future driveway to Cross Street SE, after the completion of the City's road widening project) shall be signed 'No Left Turn'. The Applicant shall be responsible for installing and maintaining the sign at the southern driveway. The Applicant shall be responsible for installing and maintaining the sign at the northern driveway after installation by the City. The sign for the southern driveway shall be completed prior to the issuance of occupancy permits for the building. 4. Prior to the issuance of construction permits the Applicant shall submit a site plan and specification of the design features for review and approval by the Planning Oirector as required by ACC 18.28.050(F) for the C2 zoning district. Section 2. Severabilitv. 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 3. Recordina. 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. Ordinance 5861 July 6, 2004 Page 11 , Section 4. Imolementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. 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: /)1kD!I ~~ 'Oanielle E. Oaskam City Clerk APPOOVEO .' / PUBLlSHEO: JUl 23 - Ordinance 5861 July 6, 2004 Page 12 INTROOUCEO: JUL 1 9 ZUU4 PASSEO: JUL 1 9 2UU4 JUL 1 9 2004 --' .........-- -"..~ PETER B. LEWIS MAYOR