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Home My WebLink About5238Return 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. 5238 - Providing a Conditional Use Permit (CUP0001-99) to allow a drive through restaurant. Reference Number(s) of Documents assigned or released: ['lAdditional reference #'s on page of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) CITY OF AUBURN Grantee/Assignee/Beneficiary: (Last name first) FMP, RRT.T., JOHN AND T,FFF. 2LNN Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) SECTION 19, TOWNSHIP 21, RANGE 05, LOCATED AT 1801-1815 Howard Rd, AUBURN, [] Additional legal is on page _of document. Assessor's Property Tax Parcel/Account Number 192105-9073 [] Assessor Tax # not yet assigned Z99907~200~636 87/Z2/t999 Ze:T4 ' KXNG COUNTY, CXTY OF RUBURN ~XSC Z4.BI ORDINANCE NO. 5 2 3 8 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO ALLOW FOR A DRIVE-THROUGH RESTAURANT ON PROPERTY ZONED C-1, LIGHT COMMERCIAL, LOCATED AT 1801-1815 HOWARD ROAD, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application No. CUP0001-99 dated March 16, 1999, has been submitted to the City of Auburn, Washington, by JOHN and LEE ANN FARRELL a Conditional Use Permit to allow for a drive-through restaurant on property zoned C-1, (Light Commercial), located at 1801-1805 Howard Road, within the City of Auburn, Washington, hereinafter described in Section 2 of the Ordinance; and WHEREAS, said request above 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 April 20, 1999, at the conclusion of which the Hearing Examiner recommended the approval of the issuance of a Conditional Use Permit to allow for a drive- through restaurant on property zoned C-1 (Light Commercial) located at 1801-1815 Howard Road, within the City of Auburn, Washington; and Ordinance No. 5238 May 13, 1999 Page 1 19990712000636 ~ PAG[ 882 OF 007 07/12/1999 10:14 KING COUNTY, WA CITY OF AUBURN NISC 14,00 WHEREAS, the City Council, on April 29, 1999, considered said request and affirmed the Hearing Examiner's decision for the issuance of a Conditional Use Permit to allow for a drive-through restaurant on property zoned C-1 (Light Commercial) located at 1801-1815 Howard Road, within the City of Auburn, Washington, based upon the following Findings of Fact and Conclusions, to-wit: FINDINGS OF FACT 1. The applicants, John and Lee Ann Farrell, have requested a conditional use permit that would allow them to construct a drive through restaurant on property located at 1801-1815 Howard Road and is zoned C-1, (Light Commercial). The C1 zone at Section 18.26.030(F), of the Zoning Ordinance, drive-in restaurants are a permitted use in the C-1 zone if a conditional use permit is issued by the City. 2. The drive through restaurant is proposed to be a drive through only with no indoor seating. The size of the building is proposed to be 860 square feet. The drive through will be located within the parking lot of a small shopping center. Its access will be from Howard Road. The site plan submitted with the application indicates the shopping center together with the new drive through restaurant would require 141 parking spaces and more than 141 are provided. 3. Since the proposal will be located within an existing parking lot, the lot will need to be physically altered to accommodate the building and the drive through lanes. Section 18.52.010(A)(3) of the zoning code requires that the reconfiguration of the lot needs to comply with the current provisions of the zoning code. The parking lot is not currently landscaped and will need to be in order to comply with the Zoning Code. The site plan does illustrate some landscape areas that appear to meet the zoning code requirements. Additional information is needed to assure compliance. Ordinance No. 5238 May 13, 1999 Page 2 199907120006~6 PAGE B83 OF 807 87/12/1999 10:14 KIHG COUNTY, WA CITY OF AU~URN HISC 14.80 4. There is proposed to be a drive through lane on either side of the restaurant. It appears there is enough room for 18 vehicles to wait in line. A traffic analysis was prepared for the project. Its conclusion indicates that if there is enough room for 18 vehicles that there should not be an impact with regard to traffic circulation. There were also no traffic impacts identified for intersections in the vicinity of the proposal. 5. The contents of the case file, #CUP0001-99, project are hereby incorporated by reference and made part of the record of this hearing. CONCLUSIONS OF LAW The conditional use 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. 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 drive through restaurant should not be an impact since a traffic study has concluded that there will not be an impact to traffic circulation within the parking lot, nor will there be any impacts to nearby intersections. Additional landscaping will also be provided which will improve the area. 2. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. There is no evidence that the proposal is inconsistent with the Comprehensive Plan. 3. The proposal complies with all requirements of the Zoning Ordinance. Ordinance No. 5238 May 13, 1999 'Page 3 199907120006~6 PAGE 004 OF 007 07/12/1999 10:14 KING COUNTY, WA CITY OF AUBURN MISC 14.00 The proposal complies or is able to comply with the Zoning Ordinance. Some minor design changes may be needed to comply with the landscaping requirements. 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 building itself is rather small. It will also be located within a parking lot whose appearance will improve with the installation of additional landscaping. Therefor, its appearance should be appropriate for the area. 5. The proposal will not adversely affect the public infrastructure. There is no indication that the public infrastructure will be affected. 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-through restaurant on property zoned C-1 (Light Commercial) located at 1801-1815 Howard Road, within the 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 of Fact and Conclusions, are herewith incorporated in this Ordinance. Ordinance No. 5238 May 13, 1999 Page 4 1999071~000636 I PAGE 00~ 0F 007 , 07/12/1999 10:X4 KXNG COUNTY, WR CITY OF AUBURN MISC 14.00 Section 2. A Conditional Use Permit is hereby approved to allow for a drive-through restaurant on property zoned C-1 (Light Commercial) located at 1801-1805 Howard Road, within the City of Auburn, County of King, State of Washington. Section 3. The applicant shall prepare and submit to the Planning Director a site plan that illustrates compliance with the City's Zoning Code. The site plan shall specifically illustrate compliance with Section 18.52.010(A)(3) and the other applicable requirements of the landscaping chapter (18.50) and the parking chapter (18.52). The Planning Director shall approve the site plan prior to the submittal of construction drawings. Section 4. 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 5. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 6. 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. 5238 May 13, 1999 Page 5 199907120006~6 PAGE 006 OF ee7 87/12/1999 10:14 KING COUNTY, WA CITY OF RUBURN MISC 14.00 INTRODUCED: May 17, 1999 PASSED: ~-y 17, 1999 APPROVED: May 17, 1999 CHARLES A. BOOTH MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Mi~ eyn~otds, City Attorney PUBLISHED: ,.~"-c,!/- ~7 Ordinance No. 5238 May 13, 1999 Page 6 19990712000636 PAGE 00? Or ee? 07/12/1999 10:~4 KING COUNTY, ~R CITY OF RUBURN MXSC 14,80