HomeMy WebLinkAbout04-18-2005 ITEM VIII-A-1F�'*';'
CITY
AGENDA BILL APPROVAL FORM
�'w WASHINGTON
Agenda Subject: Ordinance No. 5909
Date:
Application No. CUP05-0001
April 12, 2005
Department: Planning
Attachments: Ordinance No. 5909,
Budget Impact:
H.E. Decision, Staff Report, Vicinity
Map, Application
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 5909
Background Summary:
The Hearing Examiner on March 22, 2005, conducted a public hearing on the request of Lois Dye,
property owner, for a conditional use permit to allow a drive-through espresso (BigFoot Java) to be
located in the C-1, Light Commercial district. The property is located at 802 14th Street NE.
Subsequent to the hearing, the Examiner recommended to the City Council approval of the conditional
use permit.
The City Council may now either affirm the Examiner's decision, remand to the Examiner or schedule a
closed record hearing. The Council can only modify or disaffirm the Examiner's decision after conducting
their own closed record hearing.
H E1C U P05-0001
L0418-1
03.10.1 CUP05-0001
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
® Building M M&O
❑ Airport ❑ Finance
❑ Cemetery ❑ Mayor
® Hearing Examiner ❑ Municipal Serv.
❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CD
M Fire ® Planning
❑ Park Board ❑Public Works
❑ Legal ❑ Police
❑ Planning Comm. ❑ Other
® Public Works ❑ Human Resources
Action:
Committee Approval: ❑Yes []NO
Council Approval: ❑Yes []No Call for Public Hearing
Referred to Until _I-1—
Tabled Until
Councilmember: Singer Staff: Krauss
MeetingDate: April 18, 2005 Item Number: VIII.A.1
AUBURN * MORE THAN YOU IMAGINED
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
80214 th 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
Findings:
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 10 Street NE. Exhibit 1' to the Hearing Examiner's
Decision, pages 1, 4; Exhibit 3, Site Plan.
2. Big Foot 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. Pitcher.
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 98.52.020(8). 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.
9. 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.
Pitcher.
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. Staffs 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 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.
INTRODUCED:
PASSED:
APPROVED:
PETER B. LEWIS
MAYOR
Attest:
Danielle E. Daskam,
City Clerk
ApprAed As
�a fel B. Heid,
City Attorney
PUBLISHED:
Ordinance 5909
April 4, 2005
Page 10
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. 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 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,
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
LEGAL DESCRIPTION
COMMENCING AT A BRASS MONUMENT AT THE INTERSECTION OF
HARVEY ROAD AND "I" STREET NORTHEAST, IN THE WILLIAM BRAN. -NON
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 POINT
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
95025'32" 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 45042'41" 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 40017'09" 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 40017'09" EAST, 13.72
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
41024'33" FOR AN ARC DISTANCE OF 17.35 FEET, TO THE POINT OF
TANGENCY ON THE EASTERLY RIGHT OF WAYi OF MONUMENTED HARVEY
ROAD; THENCE ALONG SAID RIGHT OF WAY, SOUTH 40'17'09" EAST,
76.05 FEET TO THE TRUE POINT OF BEGINNING.
'Au,--,
CITY OF *_ <<[
�1�� �C�l Peter B. Lewis, Mayor
WASHINGTON 25 Weal Maln Street * Auburn WA 98001-4998 * www.cLaubum.wa.us * 253-931-3000
March 31. 2005
LOIS DYE
1861713 -IT AVENUE SE
RENTON WA 98055
MIKE BAILY VIA FACSIMILE 206 283 1293 and e-mail., mike@ldgarchitects.com
LDG ARCHITECTS
1319 DEXTER AVENUE NORTH
SUITE 260
SEATTLE WA 98109
RE: APPLICATION NO.: CUP05-0001
Dear Applicants:
Attached is the Hearing Examiner's official recommendation regarding your request that was
considered by the Hearing Examiner on March 22, 2005. The City Council will consider your request
on April 18, 2005 in the City Council Chambers at 7:30 p.m. You or a representative are requested to
be at that meeting to answer any questions the City Councilmembers might have regarding your
proposal.
Following the conclusion of the City Council meeting, you must return the public notice sign to the City
of Auburn Planning and Community Development Department. If the board is not returned or is not
legible or is damaged, then City Code requires that the applicant shall pay a replacement fee. The
replacement fee must be paid prior to the issuance of any permit, license or any other approval
required by the City of Auburn that is related to subject property.
If you have any questions regarding the attached, please give us a call.
Sincer
Pau rauss, AICP
Director
PK:pz
Attachment
cc: Building Department
Public Works Department
City Clerk
AI Hicks, Planning Department
__— AUBURN *MORE THAN YOU IMAGINED
BEFORE THE HEARING EXAMINER
OF THE CITY OF AUBURN
In the Matter of the Application of
Lois Dye
For a Conditional Use Permit
NO. CUP05-001
BigFoot Java
FINDINGS, CONCLUSIONS
AND RECOMMENDATION
SUMMARY OF RECOMMENDATION
The Hearing Examiner recommends to the City Council that a Conditional Use Permit (CUP) ---
to allow a drive-through espresso stand with two drive-through windows and a walk-up window
at 802 14`h Street NE -- be APPROVED, subject to conditions.
SUMMARY OF RECORD
Request
Lois Dye (Applicant) requests approval of a CUP to allow a drive-through espresso stand on
property formerly occupied by Santorini Cafd, a drive-through restaurant. The triangular shaped
subject property at 802 14`h Street NE is surrounded by 14`h Street NE, "P' Street NE and Harvey
Road.
Hearing Date
The Hearing Examiner held an open record public hearing on March 22, 2005.
Testimony
The following individuals presented testimony under oath at the open record public hearing:
Steve Pilcher, City of Auburn Planner
Mike Baily, Architect for Big Foot Java
Exhibits
The following exhibits were admitted at the open record public hearing:
Exhibit 1 Staff Report, dated March 16, 2005
Exhibit 2 Vicinity map
Exhibit 3 Application, including site plan
Exhibit 4 Notice of Public Hearing
Exhibit 5 Affidavit of Posting
Exhibit 6 Affidavit of Mailing
Exhibit 7 Confirmation of Publication of Legal Notice
Findings, Conclusions, and Recommendation
Hearing Examiner for the City of Auburn
BigFoot Java, CUP 05-0001
page 1 of 6
Exhibit 8 Aerial Photograph
Upon consideration of the testimony and exhibits admitted at the open record hearing, the
Hearing Examiner enters the following Findings and Conclusions:
FINDINGS
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 14`h Street NE. Exhibit 1, 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, page 2.
The subject property is comprised of two parcels totaling approximately 15,000 square feet.
The parcels form a triangle bordered by 14`h Street NE, "P' Street NE, and Harvey Road. I
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 ("F' Street NE).2 All of the adjacent intersections have stop sign controls rather than
signals. Exhibit 1, page 3. Setback requirements from the surrounding streets reduce the
buildable area of the subject property such that it is not a viable commercial site for many
businesses. Exhibit 1, 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 140, 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 "P' Street NE to the service window which
would be paved with distinctive paving stones. The site would provide two parking stalls,
The parcels have Tax Assessor Parcel Nos. 0001000117 and 072059051. Exhibit 3, Application materials.
Z Adjacent 14`s Street SE is also classified as a Minor Arterial, but functions as a connector route. Exhibit 1, page 3.
Findings, Conclusions, and Recommendation
Hearing Examiner for the City of Auburn
BigFoot Java, CUP 05-0001 page 2 of 6
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, Site
Plan; Exhibit 1, page 2; Testimony of Mr. Bally.
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, amoservice stations,
and drive-through facilities including banks and restaurants. ACC 18.26.020 and .030;
Testimony of Mr. Pilcher.
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 would be set back at least 15 -feet from adjacent streets. Exhibit
3, Site Plan.
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, Site plan.
9. 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, 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.
Findings, Conclusions, and Recommendation
Hearing Examiner for the City of Auburn
BigFoot Java, CUP 05-0001
page 3of6
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 automobile -related uses in areas with the Light Commercial designation.
Exhibit 1, 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, 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, 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, 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.
CONCLUSIONS
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 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
Findings, Conclusions, and Recommendation
Hearing Examiner for the City of Auburn
BigFoot Java, CUP 05-0001
page 4 of 6
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 -I 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 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.
Findings, Conclusions, and Recommendation
Hearing Examiner for the City of Auburn
BigFoot Java, CUP 05-0001 page 5 of 6
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 offact No. 15.
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 operation would be an enhancement to the area and likely provide a
desirable service to many citizens of Auburn. Finding of Fact No. 15.
RECOMMENDATION
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 14`h 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 "P' Street NW.
3. Landscaping along the entire length of the driveway/queuing lanes adjacent to Harvey
Road and "P' 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 "P' 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).
Decided this I s I day of April 2005.
Findings, Conclusions, and Recommendation
Hearing Ezaminerforthe City ofAuburn
BigFoot Java, CUP 05-0001
Theodore Paul Hunter
City of Auburn Hearing Examiner
page 6 of 6
REQUEST FOR RECONSIDERATION
Any party of record who feels the decision of the Examiner is based on error of procedure, fact or
judgment, or the discovery of new evidence may file a written request for reconsideration with the
Hearing Examiner no later than April 7, 2005. Reconsideration requests should be addressed to:
Hearing Examiner, 25 West Main Street, Auburn, WA. 98001-4998.
CITY COUNCIL ACTION
This decision of the Hearing Examiner is a recommendation to the City Council and will be considered
by the Council at their April 18, 2005, meeting. At the April 18, 2005, meeting the Council may either
affirm the Examiner's recommendation, remand the decision back to the Examiner, or schedule a
closed record public hearing.
CITY OF
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject Public Hearing Application No. CUP05-0001
Date:
3/16/2005
Department: Planning
Attachments: Please refer to Exhibit
Budget Impact: NA
List
Administrative Recommendation:
Hearing Examiner to recommend to the City Council approval of the requested Conditional Use Permit
based upon the Findings of Fact, Conclusions and Conditions as outlined.
Background Summary:
OWNER/APPLICANT:
Lois Dye
REQUEST:
Conditional Use Permit to allow a drive-through espresso stand within a
C1, Light Commercial zone district
LOCATION:
802 14th Street NE, Auburn, Washington; the site is triangular in shape and
surrounded by 14"' Street NE, "I" Street NE and Harvey Road
EXISTING ZONING:
C1, Light Commercial
EXISTING LAND USE:
Existing restaurant with drive-through (Santorini Caf&)
COMPREHENSIVE PLAN
DESIGNATION:
Light Commercial
SEPA STATUS:
Exempt
vwe y Council &
Arts Commission
Committees:
UNCIL COMMITTE
S:
weave y epar me
Building
Divisions:
M&O
Airport
Finance
Cemetery
Mayor
Hearing Examiner
Municipal Serv.
Finance
Parks
Human Services
Park Board
Planning & CD
Fire
9Human
Planning
fl
Public Works
Legal
Police
Planning Comma
Other
Public Works
Resources
Action:
C-o—mmitteeApproval:
Council A
BYesBNo
proval:
Referred
Yes No Call for Public Hearing
to
Until / /
Tabled
Ung— T T
Councilmember. Sin erStaff:
Pilcher
Meeting Date: March 22, 2005 1 Item Number:
EXHIBIT 1
AUBURN * MORE THAN YOU IMAGINED
Agenda Subject Public Hearing CUP05-0001
Date:
The Comprehensive Plan designation, zoning designation and land uses of the surrounding properties
are:
'Site
Light Comitercial
C1 Light Commercial '
Existirg Resieuran.
Exhibit 3
Application
Exhibit 4
kvith.d�iverttt"'
North
Heavy Commercial
C-3 Heavy
Walgreens (w1drive-
Exhibit 7
Confirmation of Publication of Legal Notice
Commercial
through window);
Ima Waster stamps
South
Light Commercial
C1 Light Commercial
Auburn ValleyAnimal
Clinic
East
Light Commercial
C1 Light Commercial
Single family homes
on east side of "I" St.
West
Heavy Commercial
C-3 Heavy
Elks Club across
Commercial
Harvey Rd.
EXHIBIT LIST
Exhibit 1
Staff Report
Exhibit 2
Vicinity Map
Exhibit 3
Application
Exhibit 4
Notice of Public Hearing
Exhibit 5
Affidavit of Posting
Exhibit 6
Affidavit of Mailing
Exhibit 7
Confirmation of Publication of Legal Notice
Exhibit 8
Aerial Photograph
FINDINGS OF FACT
I. Lois Dye (property owner), has applied for a Conditional Use Permit for this property to allow a
drive-through espresso stand (BigFoot Java). Pursuant to ACC 18.26.030.F, "drive-in facilities,
including banks and restaurants," may be permitted when a conditional use permit has been
issued pursuant to ACC 18.64.
2. The site is zoned C1 Light Commercial and is triangular in shape, being bound by le St. NE, "I"
St. NE and Harvey Road on all three sides. The site consists of two parcels totaling
approximately 15,000 sq. ft. in area.
3. The site is occupied by a 1500 sq. ft. restaurant use. That business features a drive -up window
on the Harvey Road side. There are several mature deciduous trees located along the site's
Harvey Road and "I" Street NW frontages, plus other landscaping, including lawn and shrubs.
Current access to the site is from 14t' St NE.
4. Development of the property will involve demolishing the existing structure and then constructing
a 650 sq. ft. drive-through espresso stand featuring two drive-through windows, plus a walk-up
window for pedestrians. The driveway location will be widened to 36 feet to provide full turning
movements.
BigFoot Java is the intended user of the property; they are currently constructing another
espresso stand in downtown Auburn and exploring other sites in the area, plus operate numerous
other espresso stands throughout the Puget Sound region.
Page 2 of 5
Agenda Subject Public Hearing CUP05-0001 Date:
5. The site is part of a long strip of C1 zoning that extends on the east side of Auburn Way North
from 2n4 Street NE north to 1516 Street NE and also extends east to the Harvey Road corridor at
approximately the 1300 block. A mix of commercial uses are varying types and sizes are found
along this corridor. Along Harvey Road, the C1 zone extends south from this site for one block.
Zoning along Harvey Road further to the south is RO. That area features a mix of both
professional and medical offices, plus numerous single-family homes.
6. The site is located at the intersection of a Principal Arterial (Harvey Road) and a Minor Arterial ("I"
St. NW) street. 14th Street NW is also classified as a Minor Arterial to the east of the site, but
functions as short connector route between Harvey Road and 01" St NW, directly adjacent to the
site. None of these intersections are signalized, but feature stop sign controls.
7. The C1 Light Commercial zone district allows a limited range of commercial uses (see ACC
18.26.020, 030). The intent of the C1 zone is
'...to provide for the location of a grouping of uses which are considered compatible uses
having common or similar performance standards in that they represent types of
enterprises involving the rendering of services, both professional or to the person, or on -
premise retail activities. This zone represents the primary commercial designation for
small to moderate scale commercial activities and should be developed in a manner
which is consistent with and attracts pedestrian oriented activities. This zone encourages
leisure shopping and provides amenities conducive to attracting shoppers."
8. The Light Commercial Comprehensive Plan designation is intended to "create people oriented
commercial areas to supply a wide range of general commercial services to area residents....
"Drive in windows should only be allowed as ancillary to a permitted use, and only when carefully
site under the conditional use permit process to ensure than an area's pedestrian environment is
not seriously affected" (page 14-9, Auburn Comprehensive Plan). It is intended to be
implemented by the C1 Light Commercial Zone (see page 14-10).
9. Due to the small size of the proposed structure and the pre -developed nature of the site, the level
of construction activity falls below the SEPA categorical exemption thresholds; therefore, a SEPA
checklist and determination were not required.
CONCLUSIONS:
ACC Chapter 18.64 provides certain criteria for approval of a conditional use permit:
1. 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.
The C1 zone allows a variety of professional service and retail activities without restriction as to size,
hours of operation, etc. [For example, the Auburn North Business District is developing with
restaurants and large "big box" retailers such as Lowes'.] The project site is small (approx. 1/3 acre
in size) and surrounded on three sides by public streets, with attendant setback requirements that
impact its viability for a variety of uses. The proposed drive-through facility has been designed to
allow for adequate maneuvering and stacking/queuing space, plus will provide a walk-up window for
pedestrians entering the site from "I" Street NW.
Staff finds the proposal to be consistent with this criteria.
Page 3 of 5
Agenda Subiect Public Hearing CUP05-0001 Date:
2. The proposal is in accordance with the goals, policies and objectives of the Comprehensive
Pian.
There are no goals, policies or objectives in the Comprehensive Plan that directly relate to this
proposal. However, Chapter 14 of the Plan, which describes the Comprehensive Plan Map, contains
verbiage that describes the Light Commercial designation that applies to this site.
According to the Plan, the intent of the designation is to facilitate the development of pedestrian -
oriented activities and a wide range of consumer goods. "Use which rely on direct access by vehicles
or involve heavy truck traffic ... are not appropriate in this category... Drive in windows should only be
allowed as ancillary to a permitted use, and only when carefully site under the conditional use permit
process in order to ensure that an area's pedestrian environment is not seriously affected."
Although this proposal is not entirely consistent with the intent of the Light Commercial
Comprehensive Plan designation, the site is unique in terms of its limited size and being surrounded
on three sides by public streets. The small size of the site limits its suitability for a wide variety of
uses and the abutting streets will allow for automobiles to enter and exit the facility with limited impact
on adjacent properties. Finally, the applicant does intend to include a walk-up window with a direct
linkage to the sidewalk along Harvey Road that will allow pedestrians to safely frequent the business.
Staff finds the proposal to be consistent with this criteria
3. The proposal complies with all requirements of this title (i.e., Zoning Code).
The proposed use meets all Zoning Code standards regarding setbacks, building height, parking,
queuing space, pedestrian accessibility, landscaping, etc.
Staff finds the proposal to be consistent with this criteria.
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.
The City of Auburn does not have design standards for commercial development in this zone.
BigFoot Java develops a standard espresso stand featuring gable ends, lap siding, ample windows,
and awnings at the drive-through windows. As noted, the business to the north (Waigreen's) also
features a drive-through window.
Staff finds the proposal to be consistent with this criteria.
5. The proposal will not adversely affect the public infrastructure.
The Public Works staff does not anticipate any significant adverse impact on the public infrastructure.
Staff finds the proposal to be consistent with this criteria.
6. The proposal will not cause or create a public nuisance.
The site is located at the intersection of a Principal (Harvey Road) and a Minor Cl" St. NW) Arterial
streets. 141' Street NW is also classified as a Minor Arterial to the east of the site. In that regard,
traffic associated with the use should not have an adverse impact on surrounding neighborhood.
BigFoot Java stands are a 24-hour operation. Given that they cater to the motoring public, there is
limited likelihood of loitering or other types of noise associated with the business. Also, since their
Page 4 Ot 5
Agenda Subject Public Hearing CUP05-0001 Date:
products are sold to the traveling public in containers, litter is also not anticipated to be a significant
problem. As a condition of approval, staff is recommending a prohibition on the use of loudspeakers
or any type of voice amplification as part of the business.
Headlights from automobiles in the driveway/queuing lanes could be a distraction to passing
motorists.
Staff recommends the project be conditioned to ensure adequate landscaping is provided to screen
glare from headlights.
RECOMMENDATION
Based upon the application and Findings of Fact and Conclusions of the staff report, Staff recommends
that the Hearing Examiner recommend to the City Council approval of the Conditional Use Permit with the
following conditions of approval:
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
"1" 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 2 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.
Staff reserves the right to supplement the record of the case to respond to matters and information raised
subsequent to the writing of this report.
HEIAPPZTRC05-1
Page 5 of 5
APPLICATION NO.:
APPLICANT: Lois Dye
A conditional use permit to allow a drive-through espresso to be located in the C-1, Light
Commercial district
802 14i6 Street NE
CUP05-0001
REQUEST:
LOCATION:
EXHIBIT 2
Conditional Use permit for Hearing Examiner _Page 5
CONDITIONAL USE PERMIT
.APPLICATION
PROPERTY OWNER'S NAME
Sec Twp. Rng:
Area Code:
APPLICATION NUMBER
Zone Existing:
Request: p
Schedakd Public Hearing: 3-d.)-65- Date Received:
Stiff Project Coordinator-
Do
oordinatorDo Not Write Above This Line
A1'PI_
ICA
NT: COMPLETE THIS FORM 'W M ALL ENTRIES BEING TYPED (except
signatures) OR NEATLY PRINTED IN TNTC. IF ADDED SPACE IS NEEDED, ATTACH
THE ADDITIONAL REQUIRED PAGES TO THIS APPLICATION.
I (we), the undersigned, OWNER(S) of property numbered opposite my (our)
names($) hereby petition for a Conditional Use Permit for the following use:
A. Hour is the property involved in this application more suitable for the Conditional
Use Permit than those uses permitted outright in the present zoning elassitj¢ation?
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ALL PROPERTY OWNERS INCLUDED IN THIS APPLICATION MUST BE LISTED
BELOW OPPOSITE A "PARCEL NUMBER" WHICH IS ALSO SHOWN ON THE,
LEGAL DESCRIPTION AND INDICATES THE PROPERTY OWNED BY EACH
APPLICANT. 'YOUR SIGNATURE ALSO INDICATES YOU HAVE READ AND
UNDERSTOOD THE CONTENTS OF THIS APPLICATION AND ITS
ATTACKS
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NUMBER (Please Print)
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LEGAL DESCREMON OF PROPERTY
LEGAL DESCRIPTION
COMMENCING AT A BRASS MONUMENT AT THE IN7ERSECTfON 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 SECTION7, TOWNSHIP 21 NORTH, RANGE 5 EAST. W,M
IN THE CITY OF AUBUR:
N, KING COUNTY, WASFIINGTON; THENCE ALONG
THEMONUMENTED CENTERLINE OF "1" STREET NORTHEAST, NORTH
HARVEY SROAD AS3MONUMENTED; THEN0-00 FEET TO T14E CE ALONG TERLYSAD RIGHT OFGHT OF WAY LWAYOF
LINE, NORTH 40'17'09" WEST 58,02 FEET TO THETRUE POINT OF
BEGINNING: THENCE NORTH 49'42'51^ EAST 6.00 FEET TO A POINT
ON A CURVF., 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 WHIC11
BEARS NORTH 4542'41" WEST, 245.00 FEET; THENCE NORTHEASTERLY
ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 3721'24" 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 FEE), 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 10 THE TRUE POINT OF BEGINNING.
irn PAYWNT: $773.00 for residential; $1,030,00 for commercial plus 5721.00 for an
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802 14th Street NE
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Parcel Number 0001000117
Address 802 14TH ST NE
Zipcode
Taxpayer DYE LOIS C
The information included on this map has been compiled by King County staff from a
variety of sources and is subject to change wittaut notice. King County makes no
representations or warranties, express or implied, as to accuracy, completeness,
timeliness, or rights to the use of such information. King County shah not be liable for any
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to, lost revenues or lost profits resulting from the use or misuse of the information
contained on this map. Any sale of this map or information on this map is prohibited
except by written permission of King County. -
King County I GIS CenterI News I Services I Comments I Search
By visiting this and other King County web pages,
you expressly agree to be bound by terms and conditions of the site.
The details.
http://www5.metroke.gov/parceiviewer/Print_Process.asp
Page I of I
2/9/2005
King County: Assessor Property Characte-�gtics Report
0 King County
By law this information may not be used for commercial purposes
Assessor Real Property Records:
Taxpayer _ DYE LOIS C Parcel Number 0001000117
_ _ Account Number 000100011709
Tax Year 2005 Levy Code 0140
Tax Status TAXABLE Taxable Value Reason NONE OR
i i gvunwu
Taxpayer DYE LOIS C Parcel Number 0001000117
Account Number 000100011709
Tax Year 2004 Levy Code 0140
Tax Status TAXABLE Taxable Value Reason NONE OR
UNKNOWN
Appraised Land Value
Appraised Land Value
1$90,200
Taxable Land Value
1$90,200
$49,500
Appraised Improvement
Value
$48,700
Taxable Improvement Value
P
$48,700
Taxpayer DYE LOIS C Parcel Number 0001000117
Account Number 000100011709
Tax Year 2004 Levy Code 0140
Tax Status TAXABLE Taxable Value Reason NONE OR
UNKNOWN
Appraised Land Value
1$90,200
ITaxable Land Value$90,200
1$150,000
Appraised Improvement
Value
$49,500
Taxable Improvement Value
¢t9,500
Assessor Property Sales Records:
Tip: Use the Recorders Office: Excise Tax Affidavits Report
to see more sales records details
Sale Date
2/311998
Sale Price
1$150,000
Seller Name
RIBLING THOMAS A ET AL
Buyer Name
DYE HENRY A+LOIS C
Sale Date
10/7/1992
Sale Price
s0
Seller Name
RIBLING THOMAS A+PEARL M
Buyer Name
RIBLING THOMAS A+PEARL M
Assessor Parcel Records:
District Name
AUBURN
Property Name
SANTORINI CAFE
Property
COMMERCIAL
Plat Name
BRANNAN W # 37
Present
RestaurantlLounge
Plat Block
ater
ystem
WATER DISTRICT
Plat Lot
POR
[sewer
PUBLIC
Page 1 of 3
http://www5.metrokc.gov/reports/property_report.asp?PIN=0001000117 2/9/2005
. King County: Assessor Property Characte`;stics Report Page 2 of 3
Assessor Legal Description Records:
Account Number
000100011709
System
01-03
Lot Area
11.278 SgFt (0.26
AVERAGE
PUBLICacres)Sectionrrownship/Range
Legal Description
ST NE & SLY OF SLYMGN 14TH ST NE LESS FOR FOR
RESTAURANT
STSPER AUB ORD 4361 & 4454 -RESOLUTION #2234 PER
1993
SW 7 215
fAccess
PAVED
402
Shape
Rect or Slight Irreg
Net SgFt
Assessor Legal Description Records:
Account Number
000100011709
Record
Number
01-03
1
PORBRANNAN DC #37POR SD DC IN NE 114 OF SW 114
AVERAGE
LYNELY OF E E HARVEY RD NWLY OF NWLY MGN OF I
Legal Description
ST NE & SLY OF SLYMGN 14TH ST NE LESS FOR FOR
RESTAURANT
STSPER AUB ORD 4361 & 4454 -RESOLUTION #2234 PER
1993
SCO #89-2 19087-7
Assessor Commercial Building Records:
Address
802 14TH ST NE
Kma County Districts and Development
Building Number
1
Building Quality
AVERAGE
Number of Buildings
1
Building Description
RESTAURANT
Year Built
1993
Construction Class
PREFAB STEEL
Gross SgFt
402
Shape
Rect or Slight Irreg
Net SgFt
402
Sprinklers
N
Stories
1
Elevators
Heating System
WARMED AND COOLED AIR
Predominant Use
FAST FOOD RESTAURANT (349)
This report was generated: 2/9x2005 10:58:17 AM
Related on-line reoorts:
,DDES� .permit Applications Re
o{�rt
Kma County Districts and Development
Condkions Report
Kinq County Assessor eReal Propg�ty
Report (PDF format requires Acrobat
Kinq County Treasury Operations'
Property Tax Information --I
Recorders_Office: Excise Tax Affidavits
Report
Recorders Office: Scanned images
of plats surveys and other map documents
Enter a 10 digit Parcel Number:
or Enteranaddress:
http://www5.metrokc.gov/reports/property_report.asp?PIN=0001000117 2/9/2005
Print Map Page — Page I of 1
802 14th Street NE
�u9 cDatdCOLds t..
c - dOOtaiS00i1W tktltadtlriW,
r
14 ! � "�
yr
t � z
J
] e
"> 3 �
Parcel Number 0721059051
Address
Zipcode
Taxpayer DYE LOIS C
The information included on this map has been compiled by King County staff from a
variety of sources and is subject to change without notice. King County makes no
representations or warranties, express or implied, as to accuracy, completeness,
timeliness, or rights to the use of such information. King County shall not be liable for any
general, special, indirect, incidental, or consequential damages Including, but not limited
to, lost revenues or lost profits resulting from the use or misuse of the information
contained on this map. Any sale of this map or information on this map is prohibited
except by written permission of King County.'
King County I GIS Center I News I Services I Comments I Search
By visiting this and other King County web pages,
YOU expressly agree to be bound by terms and conditions of the site.
The details.
http://www5.metrokc.gov/parcelviewer/Print_Process.asp
2/9/2005
King County: Assessor Property Character;stics Report
eKing County
By law this information may not be used for commercial purposes.
_ Assessor Real Property Records:
Taxpayer DYE LOIS C Parcel Number 0721059051
_Account Number 072105905102
Tax Year 2004 Levy Code 0140
Tax Status TAXABLE Taxable Value Reason NONE OR
UNKNOWN
Taxpayer DYE LOIS C Parcel Number 0721059051
— _ Account Number 072105905102
iax Year 2005 Levy Code 0140
Tax Status TAXABLE Taxable Value Reason NONE OR
"NvNAW\I
Appraised Land Value
Land Value
$26,100
Taxable Land Value
`$26,100
$0
FVApPPraised
lueised Improvement
$0
Taxable Improvement Value
$0
Taxpayer DYE LOIS C Parcel Number 0721059051
— _ Account Number 072105905102
iax Year 2005 Levy Code 0140
Tax Status TAXABLE Taxable Value Reason NONE OR
"NvNAW\I
Appraised Land Value
$26,100
Taxable Land Value
$26,100
Valueised Improvement
$0
Taxable Improvement Value
$0
Assessor Property Sales Records:
Tip: Use the Recorders Office: Excise Tax Affidavits Report
to see more sales records riPtailc
Sale Date
2/3/1998
Sale Price
1$150,000
Seller Name
RIBLING THOMAS A ET AL
Buyer Name
DYE HENRY A+LOIS C
Assessor Parcel Rar_nrrlc-
District Name
AUBURN
Property Name
VACANT (PART OF ADJ
Property
COMMERCIAL
DEVELOPMENT)
Type
Plat Name
Present
Vacant
Use
(Commercial)
Plat Block
Water
WATER
System
DISTRICT
Plat Lot
Sewer
PUBLIC
System
t Area
,742 SgFt (0.09 acres)
Access
PUBLIC
rSectionfTownshipiRangTeSW
7 215
Street
NONE OR
Surface
UNKNOWN
http://www5.metrokc.gov/reports/proper"eport.asp?PIN=0721059051
Pagel of 2
2/9/2005
King County: Assessor Property Charactertics Report
Assessor Leqal Description Records:
Account Number
072105905102
Record
Number
01 -07
Kinq County Assessor eReal Proper
072105 51 POR OF NE 114 OF SW 114 DAF - POROF RNV
FOR 14TH ST NE DEDICATEDTO CITY OF AUBURN BY
Kinq County Treasury Operations Property
SWD VOL 403 OF DEEDS PG 287 TGW THAT POR OFR/W
Recorders Office: Excise Tax Affidavit
POR 14TH ST NE DEDICATED TOCITY OF AUBURN BY
1 Recorders Office: Scanned images of
QCD REC #7205030384 DAF - BAAP ON S BDRY OF
FLOODS IST ADD & 36 FT NELY ASMEAS AT RIA FR CIA
OF E E HARVEYRD TH S 38-47-44 E ALG A LN PLWSD
CIL 59.26 FT TAP DESIGNATED PT A TH CONT S 38-47-44
Legal Description
E 10.05 FTTAP ON CRV DESC IN REFERENCED QCDTO
WCH THE CENTER OF ARC OF SDCRV BEARS S 87-23-
09 E 24 FT TH NELY ALG SD CRV 37 FT TO PT OFTAN ON
SD SLY MGN TH S 89-0339 EALG SD SLY MGN 134.45 FT
TAP ONWLY MGN OF I ST NE SD PT BEING A PT OF CRV
WCH CENTER BEARS N 703940 W 245 FT TH NLY ALG
SD CRV& SD WLY MGN OF 1 ST NE 24.41 FTTH N 88-52-
15 W 135.42 FT TO POC OF A CRV CONCAVE TO SE RAD
20 FTTH SWLY ALG SD CRV 20.25 FT TAPOF TAN TH S
33-07-06 W 35.66 FTTO ABOVE DESIGNATED PT A
This report was generated: 219/200511:02:06 AM
Related on-line reports:
DDES: Permit Applications Report
Kinq County: Districts and Development
Conditions Report
Kinq County Assessor eReal Proper
Report (PDF format requires Acrobat}
Kinq County Treasury Operations Property
Tax Information
Recorders Office: Excise Tax Affidavit
Report
1 Recorders Office: Scanned images of
plats surveys and other map documents
Enter a 10 digit Parcel Number.
or Enter an address:
King County I GIS Center I News I Services I Comments I Search
By visiting this and other King County web pages,
you expressly agree to be bound by terms and conditions of the site.
The details.
http://www5.metrokc.gov/reports/property_report.asp?PIN=0721059051
Page 2 of 2
2/9/2005
CITY OF _, r
s
EXHIBIT 4
WASHINGTON
NOTICE OF
PUBLIC HEARING
Please be advised that the AUBURN HEARING EXAMINER on March 22, 2005, at 7:00 p m. will conduct a
PUBLIC HEARING on the following request
APPLICATION NO. CUP05-0(101
The request of Lois Dye, property owner, for a conditional use permit to allow a drive-through espresso to be located
in the C-1, Light Commercial district. The property is located at 802 14th Street NE.
The public hearing will be held in the Council Chambers, Auburn City Hall, located at 25 West Main Street. The
public is invited to attend to express comments or opinions. Written comments may be submitted prior to the
hearing to the Auburn Planning Department; 25 West Maio, Auburn, WA. 98001. If you have further comments or
questions, Please call the Planning Department at (253) 931-3090. A staff report will be available approximately one
week in advance of the hearing date and can be obtained by contacting the City of Auburn Planning and Community
Development Department at (253) 931-3090. For citizens with speech, sight or hearing disabilities wishing to
review documents pertaining to this hearing, should contact the City of Auburn within 10 calendar days prior to the
meeting, as to the type of service or equipment needed. Each request will be considered individually according to
the type of request, the availability of resources, and the financial ability of the City to provide the requested services
or equipment. For the location of the property, refer to the cross -hatched area on the map below.
AFFIDAVIT OF POSTING
APPLICATION NO, CUP05-0001
LOCATED AT: 802 14th Street NE
DATE OF PUBLIC HEARING: March 22, 2005
sssx*** x***sss ss**xx*
PUBLIC HEARING NOTICES POSTED:
On March 4, 2005, I certify that I did affix public hearing notices to the land use posting board. These notices are
required to be posted at least 10 days prior to the public hearing as required by Chapter 18.68.040(3)(1)(a) of the
Auburn Zoning Ordinance. The public hearing date is scheduled for March 22, 2005.
On March 7, 2005, the applicant obtained the land use posting board. On March 10, 2005, I verified that the land
use posting board containing the public hearing notices was installed on -sits.
Date: y (VC u l i, a 01/ 5
Name:
(5h,'
V u t�
f? L
Patricia Zook, Planning Sedetary
'EXHIBIT 5
AFFIDAVIT OF PUBLICATION AND MAILING
CERTIFICATION OF PROVIDING FOR THE PUBLICATION IN THE KING COUNTY JOURNAL ON THE
FOLLOWING:
APPLICATION NO.: CUP05-0001
APPLICANT: Lois Dye
DATE OF PUBLIC HEARING: March 22, 2005
I did on March 2, 2005, send via e-mail to the King County Journal a newspaper of general circulation a notice of
public hearing, as required by City of Auburn Zoning Ordinance Chapter 18.66.130 and 18.70.040, and for said
notice to be published on March 9, 2005. at least 10 calendar days prior to the public hearing.
I also on March 4, 2005, sent to all the legally ]mown property owners within 300 feet of the proposed site a copy of
the notice of public hearing for the above stated application at least 10 calendar days prior to the public hearing.
(y,t-cU,) %Dak,
Patricia Zook, Planning Se
EXHIBIT 6