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HomeMy WebLinkAbout6080 Return Address: 54 80425000 0 ' Auburn City Clerk 0 '0 NW TIT MISC PAG6001 OF City of Auburn 25 West Main St. 04125?2008 0922 _ KING COUNTY , W Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Conditional Use Permit (Ordinance No. 6080) Reference Number(s) of Documents assigned or released: ?Additional reference #'s on page of document n ?- rj Grantor(s)/Borrower(s) (Last name first, then first name and initials) Auburn, City of Grantee/Assignee/Beneficiary: (Last name first) 1. Washington Federal Savings Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) The west 130 feet of lots 18, 19 and 20 Riverview Addition to Auburn ® Additional legal is on page 15 of document. Assessor's Property Tax Parcel/Account Number 733140-0380 ? Assessor Tax # not yet assigned Sald dccumsnt(s) Wwe %d fnr ecord by Pscific No thW,,Ct Ttoe es ael*mmadarcn wily. it fw, 3xamined j e6 rc been ;; _? ex or as b !ts affer ? ORDINANCE NO. 6 0 8 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A ONE- LANE DRIVE THROUGH BANK WITHIN A C2, CENTRAL BUSINESS DISTRICT COMMERCIAL ZONE AT 206 A STREET SE, AUBURN, WASHINGTON Whereas, Application No. CUP06-0004, dated November 6, 2007 was submitted to the City of Auburn, Washington by Sam Chung, Driftmier Architects as agent for John Yeckel, Facilities Manager for Washington Federal Savings Bank, property owner, to allow a one lane drive through bank at 206 A Street SE on a 0.41-acre parcel at the southeast corner of A and 2nd Streets SE.; 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 February 21, 2007, and the Hearing Examiner recommended approval of the application on March 5, 2007, subject to certain conditions; and Whereas, on March 19, 2007, the City Council considered said application and approved the Hearing Examiner's recommendation and proposed conditions for the issuance of a. Conditional Use Permit (CUP) to allow a one lane drive through bank at 206 A Street SE on a 0.41-acre parcel at the southeast corner of Ordinance No. 6080 March 14, 2007 Page 1 of 13 A and 2nd Streets SE. in Auburn Washington based on the following Findings of Fact and Conclusions, to-wit FINDINGS OF FACT Sam Chung (the Applicant) requests approval of a Conditional Use Permit (CUP) for the construction and operation of a one-story bank building, one-lane drive-through facility, and remote teller station at 206 A Street SE in Auburn, Washington. The property subject to the application is a corner lot approximately 0.41 acres in area, located at the intersection of A Street SE and 2nd Street SE in Auburn, Washington.1 Exhibit 3. 2. The City of Auburn (City) received the CUP application on November 16, 2006, and gave notice of the public hearing associated with the application by publishing notice on February 8, 2007. The City posted notice of the hearing on the proposed site of the conditional use on February 9, 2007. The City mailed notice of the hearing to all owners of property within 300 feet of the proposed site of the conditional use on February 9, 2007. Exhibit 4; Exhibit 5; Exhibit 6; Exhibit 7. 3. The City Staff Report states that the level of construction activity involved in development of the proposed conditional use falls below the threshold that triggers review of the potential environmental impact of proposed conditional use development. Thus, the City did not analyze the environmental impact of proposed conditional use development. Exhibit 1, page 4. 4. The City received the complete CUP application when the property subject to the application was part of the City's C2 Central Business District Commercial zoning district. The C2 zoning district permits drive-in facilities in the zone with a conditional use permit. Jeff Dixon, City Planner, testified at the public hearing that a zoning change occurred "-sometime after the first of the year" in 2007, changing the zoning classification of the property from C2 Central Business District Commercial to DUC Downtown Urban Center (DUC) classification. Mr. Dixon testified that he evaluated the application according to C2 Central Business District Commercial zone requirements because the application is vested as to these requirements. Rick Driftmier testified that the Applicant was unaware of the zoning 'Note: All exhibits referenced herein are exhibits attached to the Hearing Examiner's Findings of Fact and Conclusions, which exhibits are incorporated herein. Ordinance No. 6080 March 14, 2007 Page 2 of 13 classification change and does not want to re-file an application under the new zoning classification because the new classification's development requirements would require the Applicant to apply for variances to develop the proposed use. Exhibit 1, page 3; Testimony of Mr. Dixon; Testimony of Mr. Driftmier. 5. The C2 Central Business District zoning classification requires that a building on property within the zone is not taller than the width of the adjacent street or average of two or more adjacent streets, and that parking and signage is governed by Chapter 18.52, Auburn City Code (ACC) and Chapter 18.56, ACC, respectively. The CUP application states that the building height limitation is 45 feet, according to adjacent streets. The Applicant proposed a 16-stall parking lot to meet the requirements of ACC Section 18.52.020.B.12 (one stall for every 300 square feet of floor area), considering the reduction allowed by ACC Section 18.52.030.A.1.a for downtown properties. The Applicant also proposed signage to accompany the conditional use. The City Staff Report stated that the signage would require separate permitting from the CUP process. ACC 18.28.040; Exhibit 1, page 4; Exhibit 3; Exhibit 17. 6. A Street SE is a four-lane principal arterial connecting to Auburn Way North to the north and 2nd Street SE is a three-lane non-residential collector running through the downtown center. The intersection of these two streets is signalized and contains pedestrian-activated crossing signals. Exhibit 1, page 4. 7. The proposed bank and remote teller station site is located with an area designated "Downtown" by the City Comprehensive Plan. The Comprehensive Plan Land Use Objective 6.2 provides that downtown should be maintained as an area that uniquely serves both regional and community needs. Policy LU-6 provides that the downtown center shall be the focal point of the Auburn community, including a mix of uses such as retail, residential and appropriate services. Policy LU-6A provides that growth should be focused in the Auburn Downtown urban center to support economic development, complement transit oriented development, direct growth pressures away from residential neighborhoods, and implement regional growth management strategies. Comprehensive Plan (last revised December 2005), page 3-12; Exhibit 1, page 2. 8. The proposed bank and remote teller station site is also within the area governed by the City Downtown Plan. The site is within the A Street NW Ordinance No. 6080 March 14, 2007 Page 3 of 13 and South Central Districts Plan area. The Plan identifies the area south of Main Street between Auburn Way and A Street SW as a mixed use district, and identifies the land use focus for the area as retail, service, office, and housing that will phase in pedestrian-oriented mixed use over time. The Plan states the emphasis in this area will be on buildings located adjacent to the street, parking located at the rear of parcels, and first floor retail on parcels along A Street SE. The Plan states that A Street SE should be revitalized by private investment and revitalized by public investment in the street corridor to improve vehicular and pedestrian facilities and landscaping. The Plan recommends a 10-foot building setback or easement for properties along A Street SE, which would contain a planting strip between curb and sidewalk to buffer the pedestrian from moving traffic. Downtown Plan (last revised May 2001), pages 154 - 156. 9. The subject property is surrounded on all sides by property also designated "Downtown" by the City Comprehensive Plan and located within the C2 Central Business District zoning classification at the time the CUP application vested to the C2 zoning classification. Property to the north across 2nd Street SE is used as a grocery store and parking lot, property to the south is a retail auto parts and auto repair shop, property to the east is a restaurant, and property to the west across A Street SE is a restaurant with drive-through. Exhibit 1, page 2. 10. The subject property is currently a vacant lot consisting primarily of paved surfaces. The City Staff Report states that the lot has been "underutilized" for more than 15 years since removal of a gas station previously on site. The conditional use proposed for the site would replace an existing Washington Federal Savings Bank with a two-lane drive-through located approximately two blocks north of the subject property on A Street SE. The CUP application states that the existing Washington Federal Savings Bank location is being abandoned. Exhibit 1, pages 3 and 5; Exhibit 3. 11. An existing public sidewalk borders the north and west portions of the lot adjacent to 2nd Street SE and A Street SE, respectively. The proposed bank building would be located adjacent to the east and south of existing sidewalks, oriented to maintain proper sight lines at the intersection. The building would incorporate extensive glass windows along the building's sidewalk frontage. The building's exterior would consist of brick wainscoting, painted stucco, transparent and opaque (spandrel glass) windows and a dark-colored metal roof. The building would be a one-story building a maximum of 24 feet, 8 inches-high and approximately 2,353 Ordinance No. 6080 March 14, 2007 Page 4 of 13 square feet in area. The building would contain pedestrian entrances at the northwest corner of the building facing the sidewalk and at the south side of the building facing a proposed 16-stall parking lot for bank customers. Mr. Driftmier testified that parking is necessary to accommodate the average bank customer, who would likely be a motorist and likely be 70 years of age or older. Exhibit 1, page 3; Exhibit 9; Exhibit 11; Exhibit 17, Exhibit 18; Testimony of Mr. Driftmier. 12. The proposed use would incorporate a pedestrian path extending south from 2nd Street SE to the proposed parking lot and a one-lane drive- through remote teller station to the east of the path in the east-central portion of the subject property about 30 feet from the proposed building. Pedestrian walkways would also extend from the sidewalk to the building's northwest entrance, from the proposed parking lot to the building's south entrance, and from the A Street SE sidewalk east to the proposed pedestrian pathway extending south from 2nd Street SE. The pathways would be constructed of decorative pavers, except for sidewalk on the pedestrian path extending east from A Street SE. Sam Chung testified that the decorative pavers are a requirement in the new design standards that would govern the subject property. The teller station would consist of a vacuum tube system for financial transactions, a pre-made 60 square foot canopy supported by two posts 11 feet 6 inches above grade. The canopy would be the same color as the building roof. Exhibit 1, pages 3 - 4, Exhibit 3; Exhibit 9; Exhibit 11; Testimony of Mr. Chung. 13. Landscaping beds of 5 to 10 feet wide would be constructed along the east and south perimeter of the subject property, separating the proposed use from neighboring uses. Landscaping would include perennial grasses, shrubs, bamboo and trees. Landscaping beds would also surround proposed pedestrian pathways, the northwest building entrance, and the south building entrance. Mr. Chung testified that the proposed shielded lighting, screened trash areas and entrance orientation toward the street would comply with the new design requirements that would govern the subject property. Mr. Chung added that the proposed use would likely meet most, perhaps all, of the new design standards. Exhibit 11; Testimony of Mr. Chung. 14. The Applicant does not propose any projected canopies or awnings from the proposed building's northwest entrance to ensure visibility at the A Street SE-2nd Street SE intersection. Auburn City Code (ACC) Section 1 8.48.020.6. 1 requires that there shall not be anything constructed or reconstructed, and no obstruction permitted to grow, other than a post, Ordinance No. 6080 March 14, 2007 Page 5 of 13 column or tree not exceeding one foot square or one foot in diameter, between a height three feet and 10 feet above the established grade within the triangular area formed by a line extending 20 feet along street right-of-way lines, measured from the point of the intersection and the lines connecting the ends of the two 20-foot long lines. ACC 18.48.020.B.1; Exhibit 3. 15. The Applicant would construct two driveways that would serve the conditional use. One driveway would extend south through the subject property from 2nd Street SE and the other would extend east through the subject property from A Street SE. Both driveways would allow for entering and exiting vehicles. A raised median curb currently exists in A Street SE along the frontage of the proposed use that would restrict turn movements. Exhibit 1, page 4, Exhibit 3; Exhibit 9. 16. Mr. Dixon testified that deviations from City standards are needed to permit proposed driveway access. Both proposed driveways would be within the prohibited access zone of the A Street SE/2nd Street SE functional intersection boundary so deviations from Auburn Design standards must be granted to authorize the proposed driveway locations. City approval of the proposed deviations would hinge on restricting the A Street SE driveway to right-in, right-out access according to Auburn Design Standards (ADS) 10.04.4.1.1 and 1.03, and on the actual observed vehicle queue lengths at the 2nd Street SE driveway. Moreover, the Applicant would be required to enforce sight distance triangles at the site's driveways and at the street intersection by easements or dedications of property, according to ADS 10.03.2. Exhibit 1, page 4; Testimony of Mr. Dixon. 17. The Applicant's traffic engineer reported that total traffic associated with the proposed use would peak in the PM peak hours (4-6 PM) and that the proposed conditional use would add 63 new primary vehicle trips to adjacent roadways in the PM peak hours. The traffic engineer distinguished "primary" trips from the 45 new vehicle "pass-by" trips that would be generated by the proposed use in the PM peak hours. The traffic engineer defined a pass-by trip as a trip made as an intermediate stop on the way to a primary destination that would be generated from traffic "passing by" a site `on an adjacent street that contains direct access to the trip generator. The traffic engineer reported that he does not expect "pass- by" trips to have any effect on outlying intersections. Exhibit 12. Ordinance No. 6080 March 14, 2007 Page 6 of 13 18. The Applicant's traffic engineer stated in the Traffic Impact Analysis for the site of the proposed use that motorists entering the proposed 2nd Street SE driveway would require a minimum right-turn entering sight distance (ESD) of 290 feet and a minimum left-turn ESD of 335 feet for a 30 mph design speed. The engineer reported that the site of the proposed use would meet the requirement for sight distance to the west because over 600 feet of sight distance would be available to motorists turning left into the driveway. However, the engineer stated that the requirement would not be met for sight distance to the east because a nearby fence and cars parked along the street limit sight to the east to roughly 190 feet. The engineer recommended that the existing fence be removed to ensure sight distance requirements are met for the proposed full-service driveway extending south from 2nd Street SE. The City Staff Report states that the City's Traffic Engineering Division reviewed the traffic impacts of the bank and drive through operation and recommended conditions of CUP approval that would "ensure the project's access points represent safe connections to city streets." The City Staff Report states that "as conditioned, the project will provide sufficient parking and maneuvering area to avoid spillover impacts to adjacent properties or streets." Exhibit 1, page 5; Exhibit 12. 19. The City Staff Report states that the proposed use is expected to be similar to other banks that currently exist in the downtown Auburn area, that the proposed use would not result in adverse noise or odors, and that the proposed building would be required to meet City construction standards and building and fire code requirements. City staff would review proposed landscaping and pedestrian facilities for compliance with City standards prior to building permit issuance. Exhibit 1, page 5. CONCLUSIONS OF LAW Jurisdiction The Hearing Examiner is granted jurisdiction to hear and make a recommendation to the Auburn City Council on an application for a Conditional Use Permit pursuant to ACC 18.64.020(A) 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 Ordinance No. 6080 March 14, 2007 Page 7 of 13 Auburn City Code 18.64.040 provides criteria for review for CUP applications. A CUP application shall only be approved if the Applicant can demonstrate that: 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. 2. The proposal is in accordance with the goals, policies, and objectives of the Comprehensive Plan. 3. The proposal complies with all requirements of ACC Title 18. 4. 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. 5. The proposal will not adversely affect the public infrastructure. 6. The proposal will not cause or create a public nuisance. Conclusions Based on Findings With conditions, the use will have no more adverse effect on the health, safety or comfort of persons living or working in the downtown Auburn 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 downtown Auburn area. According to City staff, the proposed use is a permitted land use under the new DUC zoning classification for the site of the proposed use, without a CUP. Under the vested C2 zoning classification, the bank is a permitted use, however, the drive-through lane requires a conditional use permit. There are two other drive-through lane service providers within 2 blocks of the proposed use. The proposed use will incorporate construction that falls below the threshold for review of the proposal's environmental impact. The proposed use will not cause adverse noise or odors, and the operation of the proposed use is expected to be very similar to other businesses that currently exist in the downtown business area. The proposed use will be required to meet City construction standards and building and fire code requirements. The proposed use will replace an existing bank and drive- through lane that is being abandoned. The proposed use will develop Ordinance No. 6080 March 14, 2007 Page 8 of 13 currently vacant underutilized property to provide banking services to City residents in the downtown area, furthering development goals of the Auburn City Downtown Plan. Conditions of CUP approval are necessary to ensure safe ingress and egress from a proposed driveway onto A Street SE. Findings 1, 3, 4, 10, 11, 19. 2. The proposal is in accordance with the goals, policies and objectives of the City Comprehensive Plan. The proposed use would provide banking services to residents of Auburn and the surrounding region. The proposed use would construct a new bank building and remote teller station on currently vacant property located in downtown Auburn to support downtown Auburn economic development. The proposed use would provide banking services that are pedestrian-oriented in a building adjacent to the street with landscaping and parking in the rear, in step with City Downtown Plan goals. Findings 1, 6-8, 10-12. 3. With conditions, the proposal will comply with all requirements of ACC Title 18. The proposed use is permitted in the C2 zoning district with a conditional use permit. The proposed bank building will meet the C2 zone building height requirement and parking requirement. The City will review proposed signage under a permitting process other than the CUP approval process. Conditions of CUP approval are necessary to ensure that the proposed use will meet C2 zoning district design requirements and that the proposed use will meet City construction standards, building and fire code requirements through the building permit approval process. Findings 1, 4, 5, 11. 4. With conditions, 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 proposed use would incorporate pedestrian-oriented design with decorative paving, windows, and pedestrian entrances so to be harmonious with the adjacent sidewalks and downtown pedestrian traffic. The proposed use will replace an existing Washington Federal Savings Bank with drive-through lane located nearby. Conditions of approval are necessary to ensure that the proposed use meets C2 zoning district design requirements. Findings 1, 10, 11. Ordinance No. 6080 March 14, 2007 Page 9 of 13 5. With conditions, the proposal will not adversely affect the public infrastructure. As conditioned, the proposed use will provide sufficient parking and maneuvering, area to avoid spillover impacts to adjacent properties and streets. Pass-by trips associated with the proposed use will not have an effect on outlying intersections. The applicant for the proposed use will need to enforce sight distance triangles at the proposed use site's driveways and at the street intersection by easements or dedications of property. The Applicant will provide for on-site parking. Conditions of CUP approval are necessary to ensure that the proposed driveway onto A Street SE disallows left turns, in conformance with the existing raised median curb in A Street SE restricting turn movements. Findings 1, 5, 6, 15 - 19. 6. The proposal will not cause or create a public nuisance. The proposed use is a use permitted by the Auburn City Code with a conditional use permit. As conditioned, the proposed use will not endanger the life, health or property of the public. The proposal will not cause adverse noise or odors. Rather, the proposed use will provide banking services to Auburn residents that will replace existing bank services being abandoned. The proposed use will provide these services by converting a currently vacant lot to a landscaped lot with pedestrian-oriented design elements. Findings 1, 4, 5, 10- 14, 16- 19. RECOMMENDATION Based upon the preceding Findings and Conclusions, the Hearing Examiner recommends that the Auburn City Council APPROVE the Applicant's request for a Conditional Use Permit to operate a bank and remote teller station on property located at 206 A Street SE in Auburn, Washington, subject to the following conditions: 1. Site development shall occur in substantial conformance with the submitted plans and building elevations. 2. Prior to the issuance of construction permits the applicant shall submit a final site plan and specifications of the design features for review and approval by the Planning Director as required by ACC 18.28.050(F) for the C2 zoning district. In accordance with building orientation (design requirements) of the C2 zoning district (ACC 18.28.050(F)) the Planning Director shall review and Ordinance No. 6080 March 14, 2007 Page 10 of 13 approve the color, material and location of the decorative paving treatment prior to the issuance of building permits. 3. In accordance with building orientation (design requirements) of the C2 zoning district (ACC 18.28.050(F)) the project includes a main pedestrian building entrance at the northwest corner of the site oriented to the street intersection. This northwest corner building entry shall remain functional as a main entrance and not be locked or eliminated in the future. 4. The proposed driveway to A Street SE shall be signed "No Left Turn". The Applicant shall be responsible for installing and maintaining a turn restriction sign oriented to the parking lot at the western driveway. The sign shall be installed prior to the issuance of occupancy permits for the building, unless otherwise approved by the City Engineer. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as Follows: Section 1. The Findings of Fact, Conclusions of Law and Decision of the Hearing Examiner are adopted herein by this reference to allow a to allow a one lane drive through bank at 206 A Street SE on a 0.41-acre parcel at the southeast corner of A and 2nd Streets SE in Auburn Washington, and as legally described in Exhibit A attached hereto, subject to the conditions as outlined above. Section 2. 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. Ordinance No. 6080 March 14, 2007 Page 11 of 13 Section 3. Recording. 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 4. Implementation. 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. MAR 1 9 2007 INTRODUCED:- i MAR 19 2007 PASSED: MAR 1 9 2007 APP Attest: Danielle E. Daskam, City Clerk Ordinance No. 6080 March 14, 2007 Page 12 of 13 TER B. LEWIS MAYOR Published Yn ar -Z-, z-.cx-,^7 Ordinance No. 6080 March 14, 2007 Page 13 of 13 ORDINANCE NO. 6080 LEGAL DESCRIPTION The West 130 feet of lots 18, 19, and 20, Riverview addition to Auburn, according to the plat thereof recorded in volume 9 of plats page 90, in King County, Washington; except the South 40 feet of lot 20 thereof; also except that portion conveyed to the city of auburn for street purposes by documents recorded under recording numbers 7704110577 and 7704110579.