HomeMy WebLinkAbout4823 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
.r¢~,~ O?~c~'
_ ,,OS(J~N
F£B 8 1996
RECORDER
ORDINANCE NO. 4
823
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR
A CONDITIONAL USE PERMIT TO ALLOW FOR A DRIVE-IN RESTAURANT ON
PROPERTY ZONED C-1 (LIGHT COMMERCIAL) ON PROPERTY LOCATED AT
1202 AUBURN WAY NORTH, WITHIN THE CITY OF AUBURN, WASHINGTON.
WHEREAS, Application No. CUP007-95 dated June 2, 1995,
together with site plans therefore, has been submitted to the
City of Auburn, Washington, by FISHER INVESTMENT COMPANY,
requesting a Conditional Use Permit to allow for a drive-in
restaurant in a C-1 (Light Commercial) zone on property
located at 1202 Auburn Way North, within the City of Auburn,
Washington, hereinafter described in Section 2 of the
Ordinance; and
WHEREAS, said request above referred to, was referred to
the Hearing Examiner for study and public hearing thereon; and
WHEREAS, the Hearing Examiner, based upon staff review,
held a public hearing to consider said petition in the Council
Chambers of the Auburn City Hall, on November 21, 1995, at the
conclusion of which the Hearing Examiner recommended the
approval of the issuance of a Conditional Use Permit to allow
for a drive-in restaurant in a C-1 (Light Commercial) zone;
and
WHEREAS, the City Council, on December 4, 1995,
considered said request and affirmed the Hearing Examiner's
decision for the issuance of a Conditional Use Permit to allow
Ordinance No. 4823
December 12, 1995
Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
for a drive-in restaurant in a C-1 (Light Commercial) zone,
located at 1202 Auburn Way North, within the City of Auburn,
Washington, based upon the following Findings of Fact and
Conclusions, to-wit:
FINDINGS OF FACT
The applicant, Fisher Investment Company, requests a
conditional use permit. The proposal is to permit a
drive-in restaurant on property located at 1202 Auburn
Way North. The property is zoned C-i, Light Commercial.
Pursuant to Section 18.26.030(F) of the Zoning Ordinance,
drive-in facilities may be allowed if a conditional use
permit is issued.
The applicant is proposing to remove the existing vacant
Skipper's Restaurant on the site and build a new
restaurant called Boston Market. The restaurant will
have approximately 2700 square feet of floor area and
there will be 31 parking spaces on site. The Zoning
Ordinance requires 27 parking spaces.
During the City's completion of the environmental review
of the project, it was determined that the driveway
originally proposed to intersect with Auburn Way North
would be problematic. This is because the driveway which
was proposed to be a right turn only onto Auburn Way
North would create a traffic problem since traffic
attempting to enter Auburn Way North would conflict with
the existing heavy traffic on Auburn Way North.
Accordingly, it was a condition of the MDNS that prior to
the hearing on the conditional use permit the site plan
be revised to either remove the driveway or have the
driveway provide for both ingress and egress.
The applicant has since revised the site plan. The
driveway to Auburn Way North has been eliminated and
access to the site will be provided with one driveway
intersecting with 12th Street. The removal of the
driveway allows for additional on-site landscaping. This
will help mitigate the loss of existing trees to
accommodate the drive through, and in addition will
Ordinance No. 4823
December 12, 1995
Page 2
1
2
3
4
5
6
?
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
provide for more pedestrian amenities which the C-1 zone
attempts to enhance. Also, the removal of the driveway
from Auburn Way will eliminate a conflict with pedestrian
traffic using the sidewalk.
CONCLUSIONS OF LAW
The Zoning Ordinance sets forth criteria which must be
established before a conditional use permit may be
granted. The first of these criteria is that the use
would not have an adverse effect on the health, safety,
or comfort of persons living or working in the area. The
drive-in window should not have an adverse impact on the
area since the removal of the driveway to Auburn Way
North makes the drive-in function a considerably less
impact on traffic on Auburn Way North.
The proposal is in accord with the goals, policies, and
objectives of the Comprehensive Plan since the light
commercial zoning description states that areas zoned
light commercial should provide amenities conducive to
attracting shoppers and other compatible uses. Drive-in
windows should not be permitted if the pedestrian
environment is adversely affected. The elimination of
the driveway coupled with the additional landscaping will
ensure consistency with the Comprehensive Plan.
The proposal complies with all requirements of the Zoning
Ordinance.
The proposal will be constructed and maintained so as to
be harmonious and appropriate in design, character, and
appearance with the existing or intended character of the
vicinity.
5. The proposal will not adversely affect the public
infrastructure.
For each of the above referenced reasons, the
recommendation of the Hearing Examiner to the Auburn City
Council on this Conditional Use Permit to allow for a drive-in
restaurant in a C-1 (Light Commercial) zone is approved.
Ordinance No. 4823
December 12, 1995
Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Seotion 1. The above cited Hearing Examiner's Findings
of Fact and Conclusions, are herewith incorporated in this
Ordinance.
Seotion 2. A Conditional Use Permit is hereby approved
to allow for a drive-in restaurant in a C-1 (Light Commercial)
zone located at 1202 Auburn Way North, within the City of
Auburn, County of King, State of Washington, legally described
in the attached Exhibit "A".
~eotion 3. The area on the north side of the new
restaurant, that lies between the driving lane and the north
property line, shall be fully landscaped with a Type III
landscaping as required by the Zoning Code. The landscape
plan that is submitted as part of the building permit shall be
approved by the Planning Director to ensure compliance with
this permit.
Section 4.
this Ordinance as provided by law, the City
Upon the passage, approval and publication of
Clerk of the City
of Auburn shall cause this Ordinance
office of the King County Auditor.
~ei~. The Mayor is hereby
such administrative procedures as may
out the directions of this legislation.
to be recorded in the
authorized to implement
be necessary to carry
Ordinance No. 4823'
D~cemb~r 12, 1995
Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Section 6. This Ordinance shall
force five days from and after its
publication as provided by law.
take effect and be in
passage, approval and
INTRODUCED:
PASSED:
APPROVED:
CHARLES A. BOOTH
MAYOR
ATTEST:
Robin Wohlhueter,
City Clerk
Ordinance No. 4823
December 12, 1995
Page 5
1
2
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
APPROVED AS TO FORM:
City Attorney
Ordinance No. 4823
December 12, 1995
Page 6
LEGAL DESCRIPTION OF PROPERTY
The lend referred to herein is situated in the State of Washington, County of
King and is described as follows:
That portion of Government lot 15, Section 7, Township 2/1 North, range 5,
East W.M., in King County, Washington, as described as follows:
Beginning at a point in the East line of the primary State Highway No. 5, said
point being the Southwest corner of a tract of land conveyed to John King and
Mary King, his wife, by deed recorded under King County recording no.
2638038;
Thence East along the South line of the King tract, 217.8 feet to the Southeast
corner thereof;
Thence South along a line of prolongation of the East line of said King tract, a
distance of 95.24 feet to an intersection with the Northerly line of 12th Street
N.E.;
Thence Westerly along said Northerly line of 12th Street N.E., 217.93 feet, to
an intersection with the Easterly line of said highway;
Thence Northerly along said Easterly line a distance of 103.26 feet to the point
of begihning;
Except portion thereof deeded for road under recording no. 7210040497.
Situated in the County of King, State of Washington.
Ordinance No. 4823
Exhibit "A"