HomeMy WebLinkAbout5775Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
21N13e829e04553
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KZNG COUNTY, UA
Document Title(s) (or transactions contained therein):
Conditional Use Permit (Ordinance No. 5775)
Reference Number(s) of Documents assigned or released:
[-IAdditional reference #'s on page of document
RECORDER'S COVER SHEET
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
City of Auburn
Grantee/Assignee/Beneficiary: (Last name first)
1. Farrell, John
2. Farrell, Lee Ann
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
That portion of NE 1/4 of the SE ¼ of Section 19, Township 21 N, Range 5 E
[] Additional legal is on page 10 of document.
Assessor's Property Tax Parcel/Account Number
192105-9073, 192105-9291
[] Assessor Tax # not yet assigned
ORDINANCE NO. 5775
AN ORDINANCE OF THE CITY OF AUBURN, KING COUNTY,
WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO
ALLOW FOR A DRIVE-THROUGH FACILITY IN A C-1, LIGHT
COMMERCIAL ZONE, LOCATED AT THE SOUTHWEST CORNER OF
THE AUBURN WAY SOUTH/17TM STREET INTERSECTION, WEST OF
AUBURN WAY SOUTH, EAST OF "M" STREET SE, SOUTH OF 17TM
STREET SE, WITHIN THE CITY OF AUBURN, WASHINGTON
WHEREAS, Application No. CUP02-0003 dated November 15, 2002, was
submitted to the City of Auburn, Washington, by Dan Taylor, Nicholson Development,
on behalf of John and Lee Ann Farrell, for a Conditional Use Permit to allow a drive-
through facility in a C-1, Light Commercial zone, located at the southwest corner of the
Auburn Way South/17th Street intersection, west of Auburn Way South, east of "M"
Street SE, south of 17th Street SE, within the City of Auburn, Washington; and
WHEREAS, said application was referred to the Hearing Examiner for study and
public hearing thereon, along with staff review; and
WHEREAS, the Hearing Examiner held a public hearing to consider said
application in the Council Chambers of the Auburn City Hall, on June 17, 2003, and the
Hearing Examiner recommended approval of the application on July 1, 2003, and
WHEREAS, on July 7, 2003, the City Council considered said request and
affirmed the Hearing Examiner's recommendation for the issuance of a Conditional Use
Permit to allow a drive-through facility in a C-1, Light Commercial Zone, on property
located at the southwest corner of the Auburn Way South/17th Street intersection, west
of Auburn Way South, east of "M" Street SE, south of 17~' Street SE, within the City of
Ordinance 5775
July 16, 2003
Page 1
Auburn, Washington, based upon the following Findings of Fact and Conclusions of Law
FINDINGS OF FACT
1. Dan Taylor of Nicholson Development has made a request for a Conditional Use
Permit (CUP) to allow a drive-through facility in a C-1, Light Commercial zone.
2. The proposal includes the site preparation and construction of an approximate
14,560 square foot Walgreen's drug store, the demolition of an existing
commercial structure totaling approximately 18,039 square feet, and the
installation of commensurate parking and maneuvering areas, utilities and
landscaping.
3. Auburn City Code Chapter 18.26 (the C-1, Light Commercial district) allows for
drugstores outright, but requires that facilities with drive-through service obtain a
conditional use permit (ACC Section 18.26.030(F)).
4. The applicant's proposal would affect the parking provided for the overall retail
complex. The City approved a Conditional Use Permit (CUP0001-99) for "Frugal
Burger" on May 13, 1999 (City Ordinance No. 5238) that included a site plan for
the subject retail complex. The required number of parking spaces must be
maintained.
5. The Planning Director has made a preliminary finding that the change could be
deemed a minor adjustment of CUP0001-99 in accordance with ACC Section
18.64.030C.1. If CUP 02-0003 is approved, a revised site plan shall be
Ordinance 5775
July 16, 2003
Page 2
and Decision, to-wit:
10.
submitted to the City to enable the Planning Director to formally determine
whether modifications associated with this proposal constitute a minor or major
adjustment (ACC 18.64.030C) to the site plan provided as part of CUP0001-99.
The City seeks to ensure that pedestrian connectivity in accordance with
comprehensive plan policies and guidance. The modification to the existing site
layout does have the potential to impact on the pedestrian circulation patterns of
the site unless a defined corridor is provided to support pedestrian movement.
The proposed drive-through feature has the potential to impact the residential
development on the west side of "M" Street SE; however, the drive-through lanes
are oriented such that vehicles queued in the subject lanes will be directed to the
south and that light spillage will not occur from vehicles in queue at the drive-
through windows.
An approved business license will be required prior to conducting business at the
subject location.
A Final Mitigated Determination of Non-Significance was issue on the proposal
on May 2, 2003, with no appeals having been filed. Implementation of the
mitigation measures will mitigate adverse impacts associated with the proposal.
The contents of the case files; CUP02-0003 and SEP02-0032, for this project
are hereby incorporated by reference and made part of the record of this hearing.
Ordinance 5775
July 16, 2003
Page 3
CONCLUSIONS OF LAW
The Hearing Examiner has concluded that the conditional use permit may be
approved in that it is consistent with the following criteria necessary to grant the permit
as outlined in ACC Section 18.64.040.
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, that would
any use generally permitted in the district.
As conditioned and upon implementation of the SEPA mitigation measures, it is
not anticipated that the proposed development will cause any adverse effects to
any of.the adjoining uses than otherwise anticipated from any other use generally
permitted in this zone.
2. The proposal is in accordance with the goals, policies and objectives of the
Comprehensive Plan. There is no evidence that indicates the proposal is
inconsistent with the Comprehensive Plan.
3. The proposal complies with all requirements of the Zoning Ordinance. The
proposal complies or is capable of complying with 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.
Ordinance 5775
July 16, 2003
Page 4
The proposal will not alter the character of the lot of building in ways that would
be inconsistent or inappropriate with the existing character of the commercial
uses in the immediate vicinity.
The proposal will not adversely affect the public infrastructure.
The conditional use permit application has been reviewed by various City
departments and there
affected by the proposal.
is no indication that public infrastructure would be
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 conditions:
1. The applicant shall prepare and submit to the Planning Director a site plan for
review and approval that demonstrates compliance with Auburn City Code (ACC)
18.52.010(A)(3) and maintains compliance with the applicable provisions of ACC
Chapter 18.50 (Landscaping and Screening) and ACC Chapter 18.52 (Off-Street
Parking and Loading) for the overall mixed use retail complex in the C-1 zone.
2. The site plan referenced in condition 1 will also be incorporated into City File
No. CUP0001-99, approved under City Ordinance No. 5238. The current
proposal modifies the approved site plan filed with CUP0001-99 in 1999 as
required by Condition 1 of City Ordinance No. 5238. If the Planning Director,
after review of the requested site plan, deems the revised site plan constitutes a
Ordinance 5775
July 16, 2003
Page 5
major adjustment to CUP0001-99, then the applicant must proceed through the
major adjustment process pursuant to ACC 18.64.030C.2. The City's approval of
CUP0001-99 under City Ordinance No. 5238 remains in full effect.
3. Concurrent with the applicant's building permit submittal, a pedestrian corridor
that provides connectivity to the adjoining mixed-use retail complex to the south
shall be defined. When the corridor crosses the travel aisles, the applicant shall
distinguish the corridor from the parking lot surface by providing changes in
elevation and/or paving material. When provided, sidewalks adjacent to existing
and proposed structures shall meet this requirement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as Follows:
Section '1. A conditional use permit is hereby approved to allow for a drive-
through facility in a C-1, Light Commercial Zone, on property located at the southwest
corner of the Auburn Way South/17th Street intersection, west of Auburn Way South,
east of "M" Street SE, south of 17th Street SE, in the City of Auburn, County of King,
State of Washington, and as identified on Exhibit "A" attached hereto and incorporated
in this Ordinance by this reference.
Section 2. Administrative Authority. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directives of this legislation.
Ordinance 5775
July 16, 2003
Page 6
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. Recording. 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. 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.
JUL ~ 1 21103
INTRODUCED:
PASSED:
APPROVED:
JUL ~ I 2003
JUL ~ I 2~3
PETER B. LEWIS
MAYOR
ATTEST:
City Clerk
Ordinance 5775
July 16, 2003
Page 7
APPROVE~O F~
City Attorney
PUBLISHED:
Ordinance 5775
July 16, 2003
Page 8
LEGAL DESCRIPTION OF PROPERTY
THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION lg,
TOWNSHIP 21 NORTH, RANGE 5 EAST W.M., AND OF LOTS 7 AND 8 OF WADKIN'S
SECOND ADD/TION, AS PER PLAT RECORDED IN VOLUME 70 OF PLATS, PAGE 58,
RECORDS OF KING COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST 1~4 OF THE SOUTHEAST
1/4 OF SAID SECTION
THENCE IN AN EASTERLY DIRECTION 128 FEET TO THE WEST UARGINAL UNE OF
COUNTY. ROAD, KNOWN AS ENUUCLAW PAVED HIGHWAY;
THENCE IN A SOUTHEASTERLY DIRECTION ALONG THE WEST LINE OF SAID HIGHWAY, A
DISTANCE OF 825.60 FEET;
THENCE WESTERLY $49.10 FEET TO A POINT 560.30 FEET SOUTH OF NORTHWEST
CORNER OF NORTHEAST I/4- OF ?HE SOUTHEAST 1/4. OF SAID SECTION lg;
THENCE NORTH ALONG THE WEST UNE OF SAID NORTHEAST
OF SAID SECTION Ig, A DISTANCE OF 560.$0 FEET TO THE POINT OF BEGINNING:
EXCEPT PORT/ON THEREOF LYING W1THIN PRIMARY STATE HIGHWAY NO. 5:
AND EXCEPT THE NORTH 30.0 FEET IN WIDTH;
AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF AUBURN FOR STREET
PURPOSES BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 6165640, BEING A
RIGHT-OF-WAY 50 FEET WIDE WITH 25 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE:
BEGINNING AT THE NORTHWEST CORNER OF GOVERNMENT LOT 11;
THENCE ALONG THE NORTH SIDE OF SA/D GOVERNMENT LOT 11, NORTH 8g',,xB'J5'
EAST 25 FEET TO THE TRUE POINT OF BEGINNING:
THENCE SOUTH PARALLEL TO THE WEST LINE OF SAID GOVERNIdENT LOT 11, SOUTH
00'/5'$0" WEST 4.4.5.0 FEET;
THENCE THROUGH A CURVE TO THE LEFT HAVING A RADIUS OF 100.0 FEET FOR AN
ARC LENGTH OF gg. 48 FEET, SA/D ARC HAVING A CENTRAL ANGLE OF 57'00'00";
THENCE SOUTH 56'4.4'30" EAST 23.85 FEET;
THENCE THROUGH AN ARC TO THE. RIGHT HAVING A RADIUS OF 100 FEET FOR AN ARC
LENGTH OF gg.48 FEET,*SAID ARC HAVING A CENTRAL ANGLE OF 5700'00" TO
THE TERUINAL POINT OF THIS DESCRIBED CENTERLINE BEING A POINT ON THE
CENTER£1NE OF THE EXISTING M STREET S.E.:
AND EXCEPT PORTION LYING WITHIN LOT 7 OF SAID WADKIN'S SECOND ADDITION;
TOGETHER WITH THAT PORT/ON OF VACATED STREET PURSUANT TO ORDINANCE NO.
2634 OF THE CITY OF AUBURN: .
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
Ordinance No. 5775
Exhi bi t A