Loading...
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"