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Home My WebLink About5303 PI~CZFZC NIJ TIT rlzsc zT.ee Return Address: Pi:IGE eez OF eze 83/81/2888 Z2: e9 Auburn City Clerk KZNG COUNTY, City of Auburn 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET' Document Title(s) (or transactions contained therein): I C:)~ ~. "7 1. ORD 5303 (CUP0004..99) Reference Number(s) of Documents assigned or released: r-- i'lAdditional reference #'s on page of document Grantor(s) (Last name first, then first name and initials) "' 1. City of Auburn Grantee: (Last name first) 1. Auburn Properties Two Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) SW 21-21-05 [] Additional legal is on page ~ of the document. Assessor's Property Tax Parcel/Account Number: S~ docu~n!(:~) ~,;~r~; liled for 212105-9043 D Assessor Tax # not yet assigned ORDINANCE NO. 5 3 0 3 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO ALLOW FOR A DRIVE-UP WINDOW FOR AN ESPRESSO STAND ON PROPERTY ZONED C-1, LIGHT COMMERCIAL, LOCATED AT 332X AUBURN WAY SOUTH, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application No. CUP0004-99 dated August 6, 1999, has been submitted to the City of Auburn, Washington, by Auburn Properties Two requested a Conditional Use Permit to allow for a drive-up window for an r-- espresso stand on property zoned C-1, (Light Commercial), located at 332X c~ Auburn Way South, within the City of Auburn, Washington, further hereinafter C::) " . described in Section 2 of the Ordinance; and WHEREAS, the above referenced request was referred to the Hearing C,"~ ~ Examiner for study and public hearing thereon; and C',,I 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 September 21, 1999, at the conclusion of which, the Hearing Examiner recommended approval of the 'issuance of a Conditional Use Permit to allow for a drive-up window for an espresso stand on property zoned C-1 Ordinance 5303 0 October 6, 1999 Page 1 (Light Commercial) located at 332X Auburn Way South, within the City of Auburn, Washington; and WHEREAS, the City Council, on October 4, 1999, considered said request and affirmed the Hearing Examiner's decision for the issuance of a Conditional Use Permit to allow for a drive-up window for an espresso stand on property zoned C-1 (Light Commercial) located at 332X Auburn Way South the . City of Auburn, Washington, based upon the following Findings of Fact and Conclusions, to-wit: FINDINGS OF FACT ,-- 1. The applicant, Auburn Properties Two, has requested a conditional use ~ permit that would allow for a drive up window. The drive up window will ,:=> serve a business known as "Tully's Coffee". The property is zoned C-1, ~ Light Commercial. Pursuant to Section 18.26.030(F) of the Zoning Code, drive in facilities are allowed in the C-1 zone subject to the issuance of a ':::' conditional use permit. ,= 2. The proposed drive up window is to be located commercial building that ,:::, has recently been constructed at this location. "Tully's Coffee" is an initial tenant of the building and they desire a drive up window for their espresso business. "Tully's Coffee" will have a tenant space of about 2,000 square feet. The overall commercial building is about 13,500 square feet. 3. The property abuts Auburn Way South, a heavily traveled arterial. Auburn Way South provides for two lanes of travel together with a center left turn lane. Two driveways serve the property and both are built to current city standards. One driveway is on the east border of the property and the other is on the western border. Ordinance 5303. October 6, 1999 Page 2 4. The site plan illustrates that the drive through traffic will enter the site at the eastern driveway, proceed around the back of the building, stop at the west side of the building at the drive-in window, then proceed back to Auburn ' ' Way South. 5. The Final Mitigated Determination of Non-Significance (MDNS) for the overall commercial project was issued on August 19, 1998. As part of the environmental review a traffic study was prepared for the project. The environmental review concluded that the overall commercial building would generate 88 new vehicle trips in the P.M. peak and the additional traffic would not be an impact to the existing transportation system. While the traffic study did not specifically address a drive up window for an espresso business, it can be concluded that the traffic generated by the espresso business is likely to be that which is already traveling by on Auburn Way South or its destination is the new commercial building itself. Therefore, there should not be an appreciable amount of new traffic generated by the espresso window that wasn't already considered as part of the original traffic study. '==' 6. One citizen appeared and expressed concern regarding traffic impacts. ~ The staff report indicates that the City Traffic Engineer determined that no ~ , 0 traffic impacts are associated with the proposal. c:, 7. The contents of the case file, #CUP0004-99, and the environmental file, ~ #SEP0011-98, of this project are hereby incorporated by reference and ~ made part of the record of this hearing. CONCLUSIONS OF LAW 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. 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, Ordinance 5303. October 6, 1999 Page 3 economically or otherwise, to property or improvements in the surrounding area, than would any use generally permitted in the district. The drive up window for a coffee shop that is other wise permitted by the C- 1 zoning should not be an impact to the area. The new commercial building itself will not change because of the window. There is sufficient stacking space for vehicles such that other traffic flow will not be hindered by the drive up window. It is likely the traffic generated by the drive.up window is traffic that is already passing by on Auburn Way South or its destination is the new commercial building itself. 2. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. , ' On page 14-9 of the Comprehensive Plan, it references that drive in windows should only be allowed as ancillary to a permitted use and when carefully sited under the CUP process to ensure that an area's pedestrian environment is not seriously affected. In this case the drive up window is incidental to a permitted use and the pedestrian traffic is not further "' impacted by the drive up window. ,=, 3. The proposal complies with all requirements of the Zoning Ordinance. ,:::, The proposal either complies or is capable of complying with the Zoning ¢o 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. The only change to the existing building will be the drive up window itself, which is not uncommon for a commercial area. ' 5. The proposal will not adversely affect the public infrastructure. There is no indication that the public infrastructure will be impacted. Ordinance 5303. October 6, 1999 Page 4 DECISION For each of the above reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this conditional use permit application is approval. 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-up window for an espresso stand on property zoned C-1 (Light Commercial) located at 332X Auburn Way South, 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. Purpose. The above cited Hearing Examiner's Findings of · --- Fact and Conclusions, of Law and Decision are herewith incorporated by this ~ . reference in this Ordinance. c:, Section 2. A Conditional Use Permit is hereby approved to allow for a drive-up window for an espresso stand on property zoned C-1 (Light Commercial) located at 3332X Auburn Way South, within the City of Auburn, County of King, State of Washington legally described as follows: Lot 2, 3, and 4 of City of Auburn Short Plat 00003-95 as recorded under number 9508210641. Ordinance 5303. October 6, 1999 Page 5 and identified on Exhibit "A" attached hereto and incorporated in this Ordinance by this reference. Section 3. Constitutionality or Invalidity. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional such invalidity or unconstitutionality shall not affect the validity or'constitutionality of the remaining portions of this Ordinance, as it is being hereby expressly declared that this Ordinance and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed 'adopted and approved and ratified irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid or unconstitutional. 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. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Ordinance 5303. October 6, 1999 Page 6 Section 6. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. / INTRODUCED: Octobez 18, 1999 -PASSED: Octobe$ 18, 1999 APPROVED: Octobe~ 18, 1999 CHARLES a. BOOTH MAYOR ~::~. Ordinance 5303, October 6, 1999 Page ? ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney PUBLISHED:/~ - 2, ,C::) Ordinance 5303. October 6, 1999 Page 8