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HomeMy WebLinkAbout5316 III II iii Return Address: 2JZJJDJZJJZJ3JZ) PRCZFZC NM TXT ~XSC 17.ee Auburn Ci~ Clerk P~G; eet 0F ere Ci~ of Auburn e3/e~/2eee ~; KZNG COUNTY, 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 1. ORD 5316 (CUP0005-99) Reference Number(s) of Documents assigned or released: cc'J E:]Additional reference #'s on page of document ~ ~,~_,~ ~ Grantor(s) (Last name first, then first name and initials) ~ 1. Ci~ of Auburn Grantee: (Last name first) 1. Valley Bank Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) sw 07-21-05 ~ Additional legal is on page C/of the document. Assessor's Property Tax Parcel/Account Number: 745992-0020 [] Assessor Tax # not yet assigned Said dcgu.T.f;:~:':!) ',.:":.re :.'i~t~d for re~Drd b~ i':"!,..,: :. , ,~ i ,,"i~!n ~ d~ :')~:, ,, , '.~; , , ... ORDINANCE NO. 5 3 16 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO ALLOW VALLEY BANK A DRIVE-IN . BANK FACILITY IN CONJUNCTION WITH A NEW BANK TO BE BUILT ON PROPERTY ZONED C-1 (LIGHT COMMERCIAL) LOCATED AT 1001 "D" STREET NE, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application No. CUP0005-99 dated October 04, 1999, was submitted to the City of Auburn, Washington, by Valley Bank for a Conditional Use Permit to allow for a Drive-In Bank planned in conjunction with Valley Bank planned in in the C-1, (Light Commercial), located at 1001 "D" STREET NE, within the City of Auburn, Washington, hereinafter described below and as identified on Exhibit "A" attached hereto and incorporated in this Ordinance by this reference; and WHEREAS, said request above referenced was referred to the Hearing "-1 "' 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 October 19, 1999, at the conclusion of which the Hearing Examiner recommended the approval of the issuance of a Conditional Use Ordinance 5316 November 10, 1999 Page 1 Permit to allow a professional office on property zoned C-1 (Light Commercial) located at 1001 "D" Street NE, within the City of Auburn, Washington; and WHEREAS, the City Council, on November 1, 1999, considered said request and affirmed the Hearing Examiner's decision for the issuance of a Conditional Use Permit to allow a drive-in bank on property zoned C-! (Light Commercial) located at 1001 "D" Street NE, within the City of Auburn, Washington, based upon the following Findings of Fact and Conclusions of Law and Decision, to-wit: FINDINGS OF FACT 1 The applicant, Valley Bank, has requested a conditional use permit that ' ~ would allow for the construction of a drive-in facility that is planned in ,:::, conjunction with a new bank that is proposed to be built at 1001 "D" Street ~ NE. The subject property is zoned C-1, Light Commercial, and pursuant to Section 18.26.030(F) of the Zoning Ordinance a conditional use permit is ,-o required for drive-in facilities. ~ 2. The proposal is located within an area that is governed by additional design ~ requirements that are found in the document entitled "Auburn North Business Area Plan". This document is adopted as part of the City's Comprehensive Plan. Policy AN1.7 of the "Auburn North Business Area Plan" only allows drive-in facilities if the drive-in is attached to the building it serves and the building itself is a minimum of 5,000 square feet in size. 3. In the subject case the drive-in is attached to the building by a canopy and , , the size of the bank building is 6,111 square feet. The canopy will be designed to be architecturally compatible with the building itself. This is a requirement of the design review that is also required by the "Auburn North Business Area Plan". 4. The drive-in feature is to be located at the west side of the building. There will be four lanes provided. The ingress and egress to the drive-in will be through the parking lot that is serving the bank itself. It appears that enough stacking space is available such that the cars wanting to use the drive-in will not impact the adjacent streets. It does appear from the site plan that the drive-in structure may be located too close to the building itself in order to provide an adequate turning radius for the vehicles exiting the drive-in. It also appears that the drive-in structure can be moved west and not impact other functions of the parking lot. ' '5. The City on June 24,1999 issued a Mitigated Determination of Non Significance for the bank project that contained 16 conditions of approval. Among other items, the conditions of approval required participation in intersection improvements, dedication and construction of adjacent right of way, and restrictions on drive way location and access. The proposed bank is also pad of a project called "Auburn Market Place". In addition to the bank, there is proposed a daycare, health club, Eagle Hardware and other retail. All of which will have common landscaping, building components, shared parking and driveways. 6. The contents of the case file, #CUP0005-99, and the environmental file, o:, #SEP0038-98, of this 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-in facility is internal to the bank property itself and should not have an impact upon either vehicle or pedestrian traffic. The use itself will also not have an adverse effect upon the area in that the area is planned for professional/service/retail uses. 2. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. The proposal meets the requirements of the "Auburn North Business Area Plan" with regard to the use and design requirements. 3. The proposal complies with all requirements of the Zoning Ordinance. The proposal either meets or is capable of meeting all the Zoning Code 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 proposal is to be constructed consistent with the overall design of the Auburn North Business Area, which will have building materials, and colors common to other projects. 5. The proposal will not adversely affect the public infrastructure. There is no evidence the public infrastructure will be affected. 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, subject to the following condition: 1. If the drive-in structure needs to be shifted in order to provide for more maneuvering room, the Planning Director shall review and if appropriate approve such change. 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 bank on property zoned C-1 (Light Commercial) located at 1001 "D" Street NE, within the City of Auburn, Washington, is approved. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS Section I. Purpose. The above cited Hearing Examiner's Findings of Fact and Conclusions of Law and Decision, are herewith incorporated in this Ordinance. Section 2. A Conditional Use Permit is hereby approved to allow for a .drive-in bank on property zoned C-1 (Light Commercial)located at 1001 "D" Street NE and identified on Exhibit "A" attached hereto and incorporated in this Ordinance by this reference in the City of Auburn, County of King, State of Washington. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. 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. IrnDlementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. : ' Section 6. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: November 15, 1999 PASSED: November 15, 1999 APPROVED: November 15, 1999 GHARLES. A. BOOTH MAYOR ATTEST: ~ Da~n~lle E: Daskam C:) " City Clerk C::) ~ APPROVED AS TO FORM: Michael J. ~eynolds Gity Attorney PUBLISHED://- / ~"/~ ~ LEGAL DESCRIPTION OF PROPERTY LEGAL DESCRIPTION LOT A OF BOUNDARY UNE ADJUSTMENT PORTION of TAX LOT No. O72105-9046 & No. 745992-0020 All that certain real property situate in .the CIty of Auburn, King County, State of Washington, being a portion of Lot A of City of Auburn Lot Line Adjustment No. 0005-99, recorded under King County Recording No. 9903100661, in the Southwest Quader of Section 7, Township 21 North, Range 5 Ebst, Wlllameffe Meridian, described as follows: Beginning at the Northeast comer of said Lot A of Auburn Lot Line Adjustment No. 0005-99, said point being the TRUE POINT OF BEGINNING of the herein-described parcel of land; THENCE, along the Westerly Right-of-Way line of ' D' Street N.E., parallel with and 30.00 feet West from the centerline of ' D" Street N.E,, South 01°13'48" West 101.79 feet, THENCE Southwesterly 29.38 feet, along the arc of a 27.00-foot radius curve, concave Northwesterly, through a central angle of 62°20, 15'; THENCE along the Northerly line of th'e tract of land dedicated to the City of Auburn for i0'" Street N.E. Right-of-Way as described in Auburn Lot Line Adjustment No. 0005-99, South 8B°10'23" West 28.09 feet; THENCE, along the Northerly line of a tract of land dedicated to the City of Auburn for 10'" Sffeef Right-of-Way, Westerly 171.92 feet, along the arc of a 736.00-foot radius curve, concave Southerly and having a radial bearlng of South 07°13'39' West, a~ through a central angle of 13°23'00'; 03 THENCE. continuing along said Northerly Right-of-Way line, South 83°50'39, West 37.52 feet', ~' THSNCE. leaving said Northerly Right-of-Way line, North 01 °13'22" East 230.59 feet, c:~ to the Northwest corner of the herein-described parcel of land; · -- THENCE, South 88°47'48" East 86.00 feet, to the West line of Lot 1 of the Plat of · RPM - AUBURN", filed in Volume 126, of Rats, Pages 84 & 85, King County Records; c~ THENCE, along the West line of said Lot 1. South 01 ° 13' ] B" West 96.60 feet, c:~ to the Norrnwest corner of Lot 2 of the Plat of ' RPM - AUBURN"; c:~ THENCE along the North line of said Lot 2, Sou~h 88°47 '48" East 165.24 feet, ~ to the True Point of Beginning. End of Description Prepared by: Barghausen Consulting Engineera. Inc. Exhibit "A", ORDINANCE 5316