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HomeMy WebLinkAbout5909 Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 111I1 IIII II 1111 20050617000110 PACIFIC NW TIT ORD 30.e0 PAGE001 OF 012 06/17/2006 09:26 KING COUNTY. WA ')/'J.l.2..-[ o <;. Lu 0';) RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): s) were filed lor record by Pacific Northwest Hie as accommodation only. It has not been examined as to proper execution or ae to Its affect upon til!e. Reference Number(s) of Documents assigned or released: DAdditional reference #'s on page of document Conditional Use Permit (Ordinance 5909) Grantor(s)/Borrower(s) (Last name first, then first name and initials) Auburn, City of (d'_" \i---,-. , \.-"\'1\(''<' "j ,- \/~ ~,.:.:/f,,; ,.~ -\74-~ ..-" ' i\'--, \ j --'-. \., \~:l ' _'.~-~.J Grantee/Assignee/Beneficiary: (Last name first) 1. Dye, Lois Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Commencing at the Brass Monument at the intersection of Harvey Road and I Street NE in the William Brannon DLC in the NE quarter of the SW quarter of Section 7, Township 21 North, Range 5 East o Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number 000100-0117 o Assessor Tax # not yet assigned ORDINANCE NO. 5 9 0 9 AN ORDINANCE OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, APPROVING THE ISSUANCE OF A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-THROUGH ESPRESSO STAND WITH TWO DRIVE-THROUGH WINDOWS AND A WALK-UP WINDOW AT 802 14TH STREET NORTHEAST IN AUBURN, WASHINGTON WHEREAS, Application No. CUP05-0001, dated February 9, 2005, has been submitted to the City of Auburn, Washington, by Lois Dye, requesting approval of a Conditional Use Permit (CUP) to allow a drive-through espresso stand with two drive-through windows and a walk-up window to be located at 802 14th Street Northeast in Auburn, Washington; and WHEREAS, said request above referred to was referred to the Hearing Examiner for study and public hearing thereon; and WHEREAS, pursuant to staff review, the Hearing Examiner conducted a public hearing to consider said petition in the Council Chambers of the Auburn City Hall on March 22, 2005, of which the Hearing Examiner recommended approval of the Rezone and Conditional Use Permit on April 1 , 2005; and WHEREAS, the City Council, on April 18, 2005, considered said request and affirmed the Hearing Examiner's recommendation for preliminary plat based upon the following Findings of Fact and Conclusions, to-wit: Ordinance 5909 April 4, 2005 Page 1 FINDINGS OF FACT Findinqs: 1. The Applicant requests approval of a CUP to allow a 24-hour drive- through espresso stand on property that was formerly occupied by Santorini Cafe, a drive-through restaurant. The existing structure would be demolished and replaced with a 650 square foot espresso stand with two drive-through windows and a walk-up window. The subject property is located at 802 14th Street NE. Exhibit ( to the Hearing Examiner's Decision, pages 1, 4; Exhibit 3, Site Plan. 2. BigFoot Java is currently constructing another espresso stand at 407 Auburn Way South, at the southwest corner of Cross Street SW and Auburn Way South (CUP04-0002). The company operates numerous espresso stands in the Puget Sound Region. Exhibit 1 to the Hearing Examiner's Decision, page 2. 3. The subject property is comprised of two parcels totaling approximately 15,000 square feet. The parcels form a triangle bordered by 14th Street NE, "I" Street NE, and Harvey Road. Exhibit 1, page 2; Exhibit 3, Application materials. Surrounding properties to the south and east are zoned Light Commercial (C-1) and developed with commercial uses of varying sizes. Properties to the north and west are zoned Heavy Commercial (C-3) and are developed with Walgreens, an Elks Club, and other commercial uses. South of the site on Harvey Road, there is an area zoned Residential Office (RO) that is developed with professional and medical offices and single-family residences. Exhibit 1, pages 2 - 4. The Applicant anticipates pedestrian traffic would come from these neaby businesses and professional offices. Testimony of Mr. Baily. 4. The site is located at the intersection of a Principal Arterial (Harvey Road) and a Minor Arterial ("I" Street NE). All of the adjacent intersections have stop sign controls rather than signals. Exhibit 1, page 3. Setback requirements from the surrounding streets reduce the Note: All exhibits referenced herein are exhibits attached to the Hearing Examiner's Findings of Fact and Conclusions, which exhibits are incorporated herein. Ordinance 5909 April 4, 2005 Page 2 buildable area of the subject property such that it is not a viable commercial site for many businesses. Exhibit 1 to the Hearing Examiner's Decision, page 3; Testimony of Mr. Pilcher. 5. The proposed espresso stand is designed to comply with the requirements of the C-1 district. It would have a gabled roof, lap siding, windows with awnings, two drive-through windows, and a pedestrian walk-up window. Vehicle traffic would access the site from 14th Street NE. One drive-through window would be located on each side of the structure, and the queuing lanes would travel in opposite directions around the structure. Each drive-through lane would provide queuing space for up to three vehicles. The walk-up window would be easily identified by a walk-up path from the sidewalk on "I" Street NE to the service window which would be paved with distinctive paving stones. The site would provide two parking stalls, including one ADA van accessible stall. The garbage dumpster would be placed inside an enclosure. The Applicant would retain existing mature deciduous trees along Harvey Road and "I" Street NE and areas of lawn and shrubs and would install additional shrubs to the landscaping to screen the headlights of queuing vehicles from adjacent roads. Exhibit 3 to the Hearing Examiner's Decision, Site Plan; Exhibit 1, page 2; Testimony of Mr. Baily. 6. The subject propety is located in a C-1 zoning district. Drive through espresso stands are permitted in the C-1 district with CUP approval. The intent of the C-1 district is to group compatible uses rendering professional or personal services and on-site retail activities. The zone encourages leisure shopping and pedestrian-oriented activities and is intended to provide amenities to attract shoppers. ACC 18.26.010. Automobile-related uses permitted outright in the C-1 district include parking lots and auto parts stores. Automobile-related uses permitted in the C-1 district upon CUP approval include auto sales, autoservice stations, and drive-through facilities including banks and restaurants. ACC 18.26.020 and .030; Testimony of Mr. Pilcher. 7. The C-1 district development standards allow a maximum structure height of 45 feet and minimum setbacks of 15 feet from streets. ACC 18.26.040. The proposed espresso stand would be 24.5 feet tall and Ordinance 5909 April 4, 2005 Page 3 would be set back at least 15-feet from adjacent streets. Exhibit 3 to the Hearing Examiner's Decision, Site Plan. 8. Off-street parking requirements for various general commercial uses are addressed in ACC Chapter 18.52. None of the commerical uses listed is similar to a drive-through espresso stand. Assessing the proposed use under "other commercial uses," one parking stall per 500 square feet of gross floor area would be required. ACC 18.52.020(B). The espresso stand would be 650 square feet in area. The two proposed parking stalls would satisfy the off-street parking requirements of the zoning district. Exhibit 3 to the Hearing Examiner's Decision, Site plan. g. Commerical development in the C-1 district is required to maintain a five- foot landscape strip along all street frontages. ACC 18. 50. 050(D). The proposed landscaping would satisfy this requirement. Exhibit 3 to the Hearing Examiner's Decision, Site Plan. 10. The City regulates signage in the C-1 district. ACC 18. 56.030(E). A condition of approval is necessary to ensure that signage for the espresso stand complies with the sign requirements of the C-1 district. 11. The site has a City of Auburn Comprehensive Plan designation of light Commercial. The purpose of the light Commercial designation is to create people-oriented commercial areas supplying a range of commercial services to residents. The light Commercial designation does not favor "uses which rely on direct access by vehicles...," and specifies that "drive-in windows should only be allowed as ancillary to a permitted use, and only when carefully sited under the conditional use permit process in order to ensure that an area's pedestrian environment is not seriously affected." City of Auburn Comprehensive Plan Map, Light Commercial, page 14-9. 12. Uses permitted outright and by CUP approval in the C-1 district do not appear to be perfectly aligned with the goal of avoiding vehicle- dependent uses in the "light Commercial" designation of the Comprehensive Plan. However, it is noted that the goals and policies of the Comprehensive Plan are implemented through applicable zoning regulations. It is likely that the Council required the CUP process for this drive-through facility to ensure no adverse impacts arise from Ordinance 5909 April 4, 2005 Page 4 automobile-related uses in areas with the light Commercial designation. Exhibit 1 to the Hearing Examiner's Decision, page 3; Testimony of Mr. Pilcher. 13. BigFoot Java operates 24-hour espresso stands. Due to the existing commercial development in the vicinity and the site's location on multiple arterials, it is not anticipated that traffic generated by the use would adversely impact traffic flows in the area. Headlights from the queuing lanes could distract motorists on the adjacent streets. Voice amplification could disturb nearby residences or workers. Conditions of approval are necessary to ensure that the use of voice amplification devices is avoided and that additional landscaping is installed to prevent adverse impacts from headlights. Testimony of Mr. Pilcher; Exhibit 1 to the Hearing Examiner's Decision, pages 4 - 5. 14. The City did not require an environmental checklist or SEPA threshold determination. Because the small site has already been developed with a drive-through restaurant, and because the existing facility would be replaced with a smaller structure, the City determined that the proposed action qualifies for a SEPA categorical exemption. Exhibit 1 to the Hearing Examiner's Decision, page 3; Testimony of Mr. Pilcher. 15. At the open record hearing, City staff recommended approval subject to conditions. Staff's recommended conditions included requiring the Applicant to obtain a Lot line Adjustment combining the two parcels into one legal lot. Exhibit 1 to the Hearing Examiner's Decision, pages 4-5; Testimony of Mr. Pilcher. 16. The City provided reasonable notice of the March 22, 2005 public hearing. No public comments were submitted other than those of the Applicant. Testimony of Mr. Pilcher; Exhibits 4, 5, 6, and 7 to the Hearing Examiner's Decision. CONCLUSIONS OF LAW Jurisdiction The Hearing Examiner is granted authority to make a recommendation to the Auburn City Council on a conditional use permit pursuant to ACC 18.64.020 and 18.66, and RCW 35.63.130. The Hearing Examiner is also granted Ordinance 5909 April 4, 2005 Page 5 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 recommend approval of a conditional use permit, the Hearing Examiner must find that: 1. The proposed use is permitted within the zone; 2. 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; 3. The proposal is in accordance with the goals, policies, and objectives of the Comprehensive Plan; 4. The proposal complies with all requirements of Title 18 (Zoning); 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; 6. The proposal will not adversely affect the public infrastructure; and 7. The proposal will not cause or create a public nuisance. CONCLUSIONS BASED ON FINDINGS 1. The proposed use is permitted within the zone. The proposed drive- through espresso stand is permitted in the C-1 district upon CUP approval. Findings of Fact Nos. 4. 2. With conditions of approval, the project will not harm property or improvements in the surrounding area and will not have an adverse effect on the health, safety, or comfort of persons living or working in the area. The site is zoned Light Commercial and is surrounded by Light and Heavy Commercial districts, with a nearby area that is zoned Residential Office. Surrounding development consists of commercial Ordinance 5909 April 4, 2005 Page 6 uses of varying sizes, as well as medical and professional offices. The proposed espresso stand will provide an amenity that will serve local workers and residents and could attract shoppers. With conditions, there will be only minimal noise and light impacts on the adjacent streets and uses. Findings of Fact Nos. 3, 4, 6, 14, and 15. 3. The proposal is in accordance with the goals, policies, and objectives of the Comprehensive Plan. While the Light Commercial Comprehensive Land Use designation does not favor businesses that primarily provide drive-through services, the size and location of the subject property reduce its suitability for other uses. The zoning code permits drive-through windows with CUP approval. The proposed espresso stand is carefully sited to emphasize pedestrian service in addition to drive-through service and will provide an amenity that will enhance nearby retail and professional uses. Findings of Fact Nos. 6, 11, and 12. 4. With conditions of approval, the proposal complies with all requirements of the Zoning Code. The espresso stand will comply with the height limits, minimum setbacks, and off-street parking requirements of the C-1 district. Conditions of approval will ensure that the final landscaping plan and signage satisfy code requirements applicable to commercial development in the C-1 district. Findings of Fact Nos. 6 - 10. 5. With conditions of approval, the project will be harmonious in design, character, and appearance with the existing character of the general vicinity. The espresso stand will be compatible with existing commercial uses in the area and will provide an amenity that will enhance other retail and professional services in the vicinity. Finding of Fact No.3, 4, and 13. 6. The proposal will not adversely affect the public infrastructure. There will be no traffic impacts and no adverse effect on existing public infrastructure. Finding of Fact No. 15. 7. The proposal will not cause or create a public nuisance. No concerns were presented at the open record hearing that suggest approval will cause or create a public nuisance. The proposed business Ordinance 5909 April 4, 2005 Page 7 operation would be an enhancement to the area and likely provide a desirable service to many citizens of Auburn. Finding of Fact No. 15. DECISION Based upon the preceding Findings and Conclusions, the Hearing Examiner recommends that the request for a CUP -- to allow a drive-through espresso stand with two drive-through windows and a walk-up window at 802 14th Street NE be approved, subject to the following conditions: 1. No loudspeakers or other form of voice amplification shall be used as part of the business. 2. A distinctive paving material shall be used for the pedestrian access to the walk-up window from "I" Street NW. 3. Landscaping along the entire length of the driveway/queuing lanes adjacent to Harvey Road and "I" Street NW shall consist of rapidly growing shrubs spaced to provide a solid screen to a height of 42 inches within two years of planting. 4. A final landscaping plan shall be required as part of the building permit process. The final plan shall incorporate the existing deciduous trees located along the Harvey Road and "I" Street NW street frontages. 5. Prior to issuance of building permits, the Applicant shall complete a Lot Line Adjustment to combine the site into a single lot. 6. Signage for the espresso stand shall comply with ACC 18.56.030(E). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Ordinance 5909 April 4, 2005 Page 8 Section 1. The Findings of Fact, Conclusions of Law and Decision of the Hearing Examiner are adopted herein by this reference, and the CUP request to allow a drive-through espresso stand with two drive-through windows and a walk-up window to be located at 802 14th Street Northeast in Auburn, Washington, and as described in Exhibit "A" attached hereto, is hereby approved. 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. 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, Division of Records and Elections. Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Ordinance 5909 April 4, 2005 Page 9 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 bylaw. INTRODUCED: PASSED: APPR Attest: Ur\ ", 1 ! - f}' I /' i/1 tl;;)i ~v !~;I.LtJ..aI'/L/ Danielle E. Daskam, City Clerk a el B. Heid, City Attorney PUBLISHED: ..\. \ 2-01--1 (<)' Ordinance 5909 April 4, 2005 Page 10 APR 1 8 2tl05 APR 1 8 2005 APR 1 8 ZOOS - , \ ~- -~ ( ---F)C-~:.:s? PETER B. LEWIS MAYOR LEGAL DESCRIPTION COMMENCING AT A BRASS MONUMENT AT THE INTERSECTION OF HARVEY ROAD AND "I" STREET NORTHEAST, IN THE WILLIAM BRANNON D.L.C. No. 37, IN THE NORTHEAST QUARTER Of THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M. IN THE CITY OF AUBURN, KING COUNTY, WASHINGTON; THENCE ALONG THE MONUMENTED CENTERLINE OF "I" STREET NORTHEAST, NORTH 49'30'18" EAST, 30.00 FEET TO THE EASTERLY RIGHT OF WAY LINE OF HARVEY ROAD AS MONUMENTED; THENCE ALONG SAID RIGHT OF WAY LINE, NORTH 40'17'09" WEST 58.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 49'42'51" EAST, 6.00 FEET TO A rOINT ON A CURVE, CONCAVE TO THE NORTHEAST, THE RADIUS POINT OF WHICH BEARS NORTH 49'42'51" EAST, 27.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 95'25'32" FOR AN ARC DISTANCE OF 44.97 FEET TO THE P.C.C. OF A CURVE CONCAVE TO THE NORTHWEST, THE RADIUS POINT OF WHICH BEARS NORTH 45'42'41" WEST, 245.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 32'21'24" FOR AN ARC DISTANCE OF 138.36 FEET; THENCE SOUTH 89'25'05" WEST, 134.46 FEET TO THE P.C. OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 20.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 58'00'39" FOR AN ARC DISTANCE OF 20.25 FEET; THENCE SOUTH 31'24'26" EAST, 35.76 FEET TO A POINT SOUTH 40'17'09" EAST, 59.26 FEET FROM THE SOUTH LINE OF FLOOD'S FIRST ADDITION AS RECORDED IN VOLUME 45 OF PLATS, AT PAGE 63, AND 36.00 FEET NORTHEASTERLY, MEASURED AT RIGHT ANGLE, FROM THE MONUMENTED CENTERLINE OF N.E. HARVEY ROAD; THENCE PARALLEL TO SAID CENTERLINE, SOUTH 40'17'09" EAST, 9.72 FEET TO A POINT ON A CURVE, SAID CURVE BEING DESCRIBED IN DEED RECORDED UNDER A.F.N. 7205030384, THE RADIUS POINT OF WHICH BEARS SOUTH 88'52'36" EAST, 24.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTERAL ANGLE OF 41'24'33" FOR AN ARC DISTANCE OF 17.35 FEET, TO THE POINT OF TANGENCY ON THE EASTERLY RIGHT OF WAY\ OF MONUMENTED HARVEY ROAD; THENCE ALONG SAID RIGHT OF WAY, SOUTH 40'17'09" EAST, 76.05 FEET TO THE TRUE POINT OF BEGINNING.