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Home My WebLink About5031 Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET lDocument Title{s) (or transactions contained therein): 1. ORDINANCE NO. 5031 Reference Number(s) of Documents assigned I--lAdd tional reference #'s on page of document or released: 'Grantor(s)/Borrower(s) (Last name first, then first name and initials) 1 .City of Auburn 2. 3. 4. GranteelAssigneelBeneficiary: (Last name first) 4. CASCADE COMMUNITY BANK Legal Description (abbreviated: i.e. lot, block, plat or section township, range) iLot 18 & the N 117.43 ft of Lot 15 of Auburn View Heights Replat located in the S. '~ of Ithe SE 1/4 of Section 20, TWP 21 North, Range 5 EWM. Jl~ Additional legal is on page 8 of document. Assessor's Property Tax Parcel/Account Number 030400-0490 [] Assessor Tax # not yet assigned ORDINANCE NO. 5 0 3 i AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO ALLOW FOR THE CONSTRUCTION OF A DRIVE-IN BANKING FACILITY ON PROPERTY ZONED C-1 (LIGHT COMMERCIAL) LOCATED AT THE SOUTHWEST CORNER OF AUBURN WAY SOUTH AND DOGWOOD STREET SE, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application No. CUP0003-97 dated March 21, 1997, together with site plans therefore, has been submitted to the City of Auburn, Washington, by CASCADE COMMI/NITY BANK, requesting a Conditional Use Permit to allow for the construction of a drive-in banking facility, on property zoned C-1 (Light Commercial) located at the southeast corner of Auburn Way South and Dogwood Street SE, 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 Ordinance No. 5031 October 10, 1997 Page 1 WHEREAS the ~earing Examiner, based upon staff review, held a public hearing to consider said petition in the Council Chambers of the Auburn City Hall, on September 16, 1997, at the conclusion of which the Hearing Examiner recommended the approval of the issuance of a Conditional Use Perm'it to allow for the construction of a drive-in bankin~ facility, on property zoned C-1 (Light Commercial) located at the southeast corner of Auburn Way South and Dogwood Street SE, within the City of Auburn, Washington; and WHEREAS, the City Council, on October 6, 1997, considered said request and affirmed the Hearing Examiner's decision for the issuance of a Conditional Use Permit to allow for the construction of a drive-in banking facility, on property zoned C-1 (Light Commercial) located at the southeast corner of Auburn Way South and Dogwood Street SE, within the City of Auburn, based upon the following Findings of Fact and Conclusions, to-wit: Ordinance No. 5031 October 10, 1997 Page 2 FINDINGS OF FACT The applicant, Cascade Community Bank, has requested a conditional use permit to allow for the construction of a drive in banking facility. The property is located at the southwest corner of Auburn Way South and Dogwood Street SE. The property is zoned C-i, Light Commercial. Pursuant to Section 18.26.030(F) of the Zoning Ordinance, drive-in facilities are allowed in the C-1 zone subject to the issuance of a conditional use permit. There is an existing office building on the property that will be removed and will be replaced with a new banking facility that will be 2,500 to 3,000 square feet in size. Three drive through lanes are being proposed. Traffic may enter/exit either from Auburn Way South or Dogwood Street. The intersection of Dogwood and Auburn Way South is signalized which will help facilitate traffic flow. Auburn Way South is also a designated arterial and is one of the busiest arterials in the City. The C-1 zone does allow for banking facilities as an outright permitted use within the zone together with the required parking for the facility. The only issue of the conditional use permit is the drive in feature and to address any issues of the drive in. To the south of the drive-in facility is a residential neighborhood. Since the drive in facility is adjacent to the neighborhood there should be additional considerations with regard to landscaping, fencing, etc. Neighboring property owners have provided comments expressing concern with the project. There is concern that they lose some privacy as well as some .of the trees on their property may be damaged by the construction of the banking facility. The particular concern is potential damage to the root system of the trees. While the two properties abut one another, the homes on the adjoining lots are situated above the proposed bank building itself. This is due to a change Ordinance No. 5031 October 10, 1997 Page 3 in topography between the two properties. From the bank's property the abutting property slopes upward to the existing homes. The site plan illustrates a 5 foot wide landscaped area adjacent to the neighbor's property. The 5 foot landscaped area will provide some protection to the existing tree root system. If the landscaped area is planted with a Type I landscaping and a 6 foot high wooden fence is provided, the neighboring property should acquire additional privacy. At the time of the public hearing, a neighbor expressed concern about how the bank drive through window and the development of bank would impact her home and neighborhood. The neighbor's concerns included that construction would disturb established tree roots, that there would be visual and auditory effects, and that the privacy in her yard would be impacted. The conditions imposed on this application, including a new condition, as a result of the public hearing concerning a limit on the use of the drive through facility, adequately mitigate the neighbor's concerns. The contents of the case file, #CUP003-97, and the environmental file, #SEP0017-97, of this project are hereby incorporated by reference and made part of the record of this hearing. CONCLUSIONS OF LAW The Hearing Examiner has concluded that the permit may be approved in that it is consistent with the following criteria necessary to grant the permit as outlined in Section 18.64.040 of the Zoning Ordinance. 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 Ordinance No. 5031 October 10, 1997 Page 4 o surrounding area, than would any use generally permitted in the district. An existing professional office is on the site now. A bank and the drive in feature should not be an adverse impact if the conditions of this permit and the environmental review are implemented. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. The proposal is consistent with the description of the Light Commercial designation on page 14-9 of the Comprehensive Plan. The Light Commercial description states that these areas should provide amenities conducive to attracting pedestrians and under the compatible use description it states that drive-in windows should only be permitted if the pedestrian environment is not affected. Since the proposal is limited to one driveway to each abutting street the pedestrian movement should not be affected and the additional landscaping and fencing should provide a better transition to the neighborhood to the south. The proposal complies with all requirements of the Zoning Ordinance. The proposal either meets or is capable of meeting all the applicable Zoning Code requirements. The proposal can be constructed and maintained so as to be harmonious and appropriate in design, character, an appearance with the existing or intended character of the general vicinity. Since an existing professional office building is now on the property that character is now established. A new one story bank building should add to the existing character and should be harmonious with the area. 5. The proposal will not adversely affect the public infrastructure. Ordinance No. 5031 October 10, 1997 Page 5 o There is no indication that the public will be affected. The conditions imposed adequately development's impacts. infrastructure mitigate the 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 the construction of a drive-in banking facility, on property zoned C-1 (Light Commercial) located at the southeast corner of Auburn Way South and Dogwood Street SE, within tile City of Auburn, Washington, is approved. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The above cited Hearing Examiner's Findings A Conditional Use Permit of Fact and Conclusions, are herewith incorporated in this Ordinance. Section 2. is hereby approved to allow for the construction of a drive-in facility, on property zoned C-1 (Light Commercial) at the southeast corner of Auburn Way South and Street SE, within the City of Auburn, County of King, of Washington, legally described as follows: Ordinance No. 5031 October 10, 1997 Page 6 banking located Dogwood State Lot 18 and the north 117.43 feet of Lot 15 of Auburn View Heights Replat located in the S. 1/2 of the SE 1/4 of Section 20, TWP 21 North, Range 5 EWM. Section 3. The landscaping that abuts the adjoining residential zoned property shall be a Type I as defined by Section 18.50.040(A) of the Zoning Ordinance. The 5 foot wide landscaped area shall be protected from construction activity, other than the installation of the landscaping and fencing. This protection shall at a minimum be a temporary construction type fence. Section 4. A permanent 6 foot high wooden fence shall be constructed at the south property line that meets the applicable Zoning Code setbacks. Section 5. The developer shall employ an acoustic design engineer, or similar professional, whose purpose is to design the exterior intercom system to the drive in facility such that the intercom is muffled or otherwise designed such that it does not impact the adjoining residential properties. Section 6. This conditional use permit approval for a drive in banking facility is for a drive in banking facility Ordinance No. 5031 October 10, 1997 Page 7 only. permit application. Section 7. Upon the passage, of other drive through use would require a separate approval and publication 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 8. The Mayor is hereby authorized to implement such administrative procedures as may be out the directions of this legislation. Section 9. This Ordinance shall force five days from and after publication as provided by law. its necessary to carry take effect and be in passage, approval and INTRODUCED: PASSED: APPROVED: October 20, 1997 October 20, 1997 October 20, 1997 MAYOR Ordinance No. 5031 October 10, 1997 Page 8 ATTEST: Dar~ielle E. Daskam, Acting City Clerk AS TO FORM: Mi i~hael! ~~ds, City Attorney PUBLISHED: Ordinance No. 5031 October 10, 1997 Page 9