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Home My WebLink About5168 Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): ORDINANCE NO. 5168 Reference Number(s) of Documents assigned or released: i~ ['lAdditional reference #'s on page ~ of document ~1 Grantor(s)lBorrower(s) (Last name first, then first name and initials) Lf'3 CITY OF AUBURN Grantee/Assignee/Beneficiary: (Last name first) Hamir Khaira (NW Java Group) Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) SECTION 19, TOWNSHIP 21, RANGE 05, Iocatd at 1111-17th St SE, legally described as follows: POR OF E % OF SW 14 OF NE ¼ BEG NXN OF N LN 17TM ST SE & WLY MGNOFMSTSETHWALGNLNSD17THSTSE156FTTHN00_21.25W84.60FT TH N 43-03-45 W 36.86 FT TH N 00-21-25 W 30 FT TH N 53-25-00 E 102.54 FT TO SWLY MGN ST RD TH SELY ALG SD SWLY MGN 147.18 FT TO WLY MGN OF M ST SETH S 10-4-28 E ALG SD WLY LN 188.67 FT TO POB LESS ST ~ Additional legal is on page?of document, Assessor's Property Tax Parcel/Account Number 192105-9293 [] Assessor Tax # not yet assigned ORDINANCE NO. 5 i 6 8 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO ALLOW FOR THE CONSTRUCTION OF A DRIVE-THROUGH ESPRESSO STAND ON PROPERTY ZONED C-1 (LIGHT COMMERCIAL) LOCATED AT 1111-17T~ STREET SE, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application No. CUP0003-98 dated August 7, 1998, together with site plans therefore, has been submitted to the City of Auburn, Washington, by HAMIR KHAIRA, requesting a Conditional Use Permit to allow for the construction of a drive-through espresso stand on property zoned C-1 (Light Commercial) located at 1111-17th Street Southeast, 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. 5168 November 4, 1998 Page 1 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 October 20, 1998, at the conclusion of which the Hearing Examiner recommended the approval of the issuance of a Conditional Use Permit to allow for the construction of a drive-through espresso stand on property zoned C-1 (Light Commercial) located at 1111-17th Street Southeast, within the City of Auburn, Washington; and WHEREAS, the City Council, on November 2, 1998, 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-through espresso stand on property zoned C-1 (Light Commercial) located at 1111- 17th Street Southeast, within the City of Auburn, Washington, based upon the following Findings of Fact and Conclusions, to-wit: FINDINGS OF FACT 1. The applicant, Hamir Khaira, has requested a conditional use permit to allow for the construction of a drive through espresso stand to be located at llll- Ordinance No. 5168 November 4, 1998 Page 2 17th Street SE. The property is currently zoned C-I, Light Commercial. The C-1 zone at Section 18.26.030(F) allows drive-in facilities in the C-1 zone subject to the issuance of a conditional use permit. 2. Located on the property is a self-service gas station/convenience store. The site is just over 38,000 square feet in area. The site is fully improved, i.e. paved. It appears that the paved area is larger than what is used the by gas station for parking, driveways, etc. 3. The espresso stand will be located in the southeast corner of the property and will be furthest removed from the gas station pumps and building. The espresso stand will be provided access by three existing driveways that now provide access to the site. Due to the location of the driveways and gas station facilities, it is not anticipated that any internal traffic concerns would occur on site. 4. The proposal is located at one of the busiest intersections of the City, at the corner of 17=h at "M" and A~burn Way South. As a result of the traffic flow in the vicinity, a traffic analysis was required of the applicant. The Traffic Engineer did review the analysis and concluded that the proposal would not generate enough vehicle trips to impact adjacent intersections. The Traffic Engineering staff wants to review the final siting of the espresso stand to make sure that it is located optimally on site from a traffic standpoint. There was some confusion from the initial site plan as to whether the applicant was proposing one or two drive-up windows. At the time of the hearing, it was clarified that the applicant was proposing two drive-up windows and the City Traffic Engineer has subsequently determined that two drive-up windows should be approved. 5. The applicant has provided a picture of other espresso stands that he has built in the area and proposes to Ordinance No. 5168 Nove~er 4, 1998 Page 3 build at this site as well. The picture illustrates the espresso stand to be acceptable from an architectural standpoint and should not be an impact to the community. 6. The contents of the case file, #CUP003-98, of this project are hereby incorporated by reference and made part of the record of this hearing. CONCLUSIONS Prior to the time a conditional permit can be granted, there are certain criteria which must be established by Section 18.64.040 of the Zoning Ordinance. 1o 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. Since the site provides for a surplus of paved area that is not needed by the existing gas station, there is ample area remaining for the espresso stand that would not cause any internal traffic conflicts. The location of the drive-in window of the stand can also be adjusted to lessen the conflict with adjoining streets. Therefor there should not be an adverse effect on the area. 2. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. As discussed on pages 14-9 and 14-10 of the Comprehensive Plan, it states that drive-in facilities may be a compatible use in the C-1 zone if a conditional use permit is approved such that the pedestrian environment is not seriously affected. The Ordinance No. 5168 November 4, 1998 Page 4 proposal as conditioned is consistent with this requirement. 3. The proposal complies with all requirements of the Zoning Ordinance. The site plan as submitted illustrates that the proposal either meets or is capable of meeting the requirements of the Zoning Ordinance. 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. Materials submitted with the application indicate the espresso stand will be acceptable from an architectural standpoint and will be compatible with the area. 5. The proposal will not adversely affect the public infrastructure. If the stand is properly situated on the site it should not have an adverse affect on 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 the construction of a drive-through espresso stand on property zoned C-1 (Light Commercial) located at 1111-17th Street Southeast, within the City of Auburn, Washington, is approved. Ordinance No. 5168 November 4, 1998 Page 5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The above cited Hearing Examiner's Findings of Fact and Conclusions, are herewith incorporated in this Ordinance. Section 2. A Conditional Use Permit is hereby approved to allow for the construction of a drive-through espresso stand on property zoned C-1 (Light Commercial) located at 1111-17th Street Southeast, within the City of Auburn, County of King, State of Washington, legally described as follows: SEC 19, TWP 21 RNG 05 POR OF E ~ OF SW ~ OF NE ~ BEG NXN OF N LN 17T~ ST SE & WLY MGN OF M ST SE TH W ALG N LN SD 17T~ ST SE 156 FT TH N 00- 21-25 W 84.60 FT TH N 43-03-45 W 36.86 FT TH N 00-21-25 W 30 FT TH N 53-25-00 E 102.54 FT TO SWLY MGN ST RD TH SELY ALG SD SWLY MGN 147.18 FT TO WLY MGN OF M ST SETH S 10-4-28 E ALG SD WLY LN 118.67 FT TO POB LESS ST Section 3. The espresso stand shall be limited to two drive-up windows. The windows shall be located on a site Ordinance No. 5168 November 4, 1998 Page 6 plan which shall be approved by the City Traffic Engineer prior to a building permit being approved. Section 4. The design and construction of the stand shall be consistent with the pictures provided with the application. Section 5. Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this Ordinance to be recorded in the office of the King County Auditor. Section 6. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 7. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. Ordinance No. 5168 November 4, 1998 Page 7 INTRODUCED: December 7, 1998 PASSED: December 7, 1998 APPROVED: December 7, 1998 CHARLES A. BOOTH MAYOR ATTEST: D~aZielle E~.~ City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney PUBLISHED: Ordinance No. 5168 November 4, 1998 Page 8