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Woodway Gas & Mart HE Decision on 061606.pdfIfnC.1 g9") CITY OF EDMONDS 121 STH AVENUE NORTH • Edmonds, WA 98020 • (425) 771-0220 • FAX (425) 771-0221 HEARING EXAMINER FINDINGS, CONCLUSIONS AND DECISION OF THE HEARING EXAMINER CITY OF EDMONDS GARY HAAKRNSON MAYOR APPLICANT: Byung Kim/Woodway Gas & Mart (Exhibit A, Attachment 2). CASE NO.: CU 06-25 LOCATION: 23726 100' Avenue West (Exhibit A, Attachment 1). APPLICATION: A Conditional Use Permit to allow a convenience store and also to allow a gas station with extended hours of operation in the Neighborhood Business (BN) zone. REVIEW PROCESS: Conditional Use Permit — Hearing Examiner conducts a public hearing and makes the final decision. MAJOR ISSUES: a. Compliance with Edmonds Community Development Code (ECDC) Chapter 16.45 (NEIGHBORHOOD BUSINESS). b. Compliance with Edmonds Community Development Code (ECDC) Chapter 17.50 (OFF-STREET PARKING REGULATIONS). c. Compliance with Edmonds Community Development Code (ECDC) Chapter 20.05 (CONDITIONAL USE PERMITS). d. Compliance with the City of Edmonds Comprehensive Plan. SUMMARY OF RECOMMENDATION AND DECISION: Staff Recommendation: Approve with conditions Hearing Examiner Decision: Approve with conditions PUBLIC HEARING: After reviewing the official file, which included the Planning Division Staff Advisory Report, and after visiting the site, the Hearing Examiner conducted a public hearing on the application. The hearing on the application was opened at 3.03 pm. June 15, 2006, in the City Council • Incorporated August I1, 1890 • Sister City - Hekinan, Japan Hearing Examiner Decision Case No.: CUP 06-25 Page 2 Chambers, Edmonds, Washington, and closed at 3:05 pm. Participants at the public hearing and the exhibits offered and entered are listed in this report. A verbatim recording of the hearing is available. in the Planning Division. HEARING COMMENTS- The following is a summary o£the comments offered at the public hearing. From the City: Gina Caccia, Project Planner, entered the staff report into the record and noted that no new information had been received after the staff report was prepared. From the Applicant: Byung Kin, Applicant, said he had read the staff report and the recommended conditions and that he concurred with the report and would comply with the recommended conditions. From the Community: No one from the general public spoke at the public hearing. FINDINGS OF FACT AND CONCLUSIONS: A. SITE DESCRIPTION 1. Site Development, Neighboring Development, And Zoning: a) Facts: (1) Size. The subject property is roughly rectangular in shape, approximately 0.51 acres in size, and is surrounded on three sides by streets: 100 Avenue West, 238' Street SW, and 101St Avenue W (Exhibit A, Attachment 1). The applicant is not proposing to expand the existing building footprint. (2) Land Use: The property is currently developed with an existing drive-in gas station business and commercial garage. The commercial garage use has ceased, and the applicant would like to use the first floor of the existing building as a convenience store and use the second floor as an office area not available for customers (Exhibit A, Attachment 5). (3) Zoning: The zoning of the subject property is Neighborhood Business (BN) (Exhibit A, Attachanent 1). (4) Tgrrain and Vegetation: The subject property is fairly level and is covered almost entirely -with impervious surface, with the exception of a few planters. 2. Surrounding Development and Zoning: a) Facts: (1) The neighborhood is a mix of commercial and residential. Hearing Examiner Decision Case No.: CUP 06-25 Page 3 (2) The area to the north, east; and west is currently zoned RS -8 and is developed with single-family homes (Exhibit A, Attachment 1). (3) The area across the street to the south is zoned Neighborhood Business (BN) and is developed with a dental clinic. B. EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) COMPL ANCE 1, ECDC Chapter 16.45 (NEIGHBORHOOD BUSINESS) a) Facts: (1) Convenience Stores are a primary use requiring a Conditional Use Permit pursuant to ECDC 16.45.010.C.4. (2) Businesses open to the public between the hours of 11:00 PM and 6:00 AM is a primary use requiring a Conditional Use Permit pursuant to ECDC 16.45.010.C.3 (3) Drive-in businesses (such as gas stations) are a primary use requiring a Conditional use Permit pursuant to ECDC 16.45.010.C.2. (4) The applicant has an existing drive-in gas station business. (5) As noted above, the gas station use started in the County and is assumed to have complied with County regulations, ECDC 17.40.010.6 states, "A legal use does not become nonconforming because the zone in which it is. located is changed to a zone district which requires a conditional use permit for the use. However, the use may not be altered, as stated in subsection B of this section, without obtaining a conditional use permit," The applicant has applied for a Conditional Use Permit to alter the hours of operation. (6) Pursuant to ECDC 16.45.020.A, the minimum setback requirements in the BN zone are shown in the table below: (7) The applicant is not proposing to alter the footprint of the existing structure. (S) Pursuant to ECDC 16.45.020.A, the maximum height in the BN zone is 25 -feet. (9) The applicant is not proposing to alter the height of the existing building. (10) It is unknown if the previous business had the gas pumps open to the public after hours. (11) The former owner had apparently allowed commercial vehicles to be parked on the site. North (side) South (street) East (street) west (street) Required Setbacks 15 -feet 20 -feet 20 -feet 20 -feet Proposed Setbacks No Change No Change No Change [No Change (7) The applicant is not proposing to alter the footprint of the existing structure. (S) Pursuant to ECDC 16.45.020.A, the maximum height in the BN zone is 25 -feet. (9) The applicant is not proposing to alter the height of the existing building. (10) It is unknown if the previous business had the gas pumps open to the public after hours. (11) The former owner had apparently allowed commercial vehicles to be parked on the site. Hearing Examiner Decision Case No.: CUP 06-25 Wage 4 (12) Parking of vehicles unrelated to the site business is considered a commercial parking lot, which requires a conditional use permit in the BN zone pursuant to ECDC 16.45.020.D.2. (13) Vehicles incidental to a permitted or conditional use permit could be allowed as outdoor storage which is a secondary use thus requiring a conditional use permit, subject to ECDC 16.45.020.D.1. (14) Outdoor storage is not a permitted use in the BN zone. The applicant has stated that there will not be any vehicle storage space rented at this site. b) Conclusions: (1) The applicant has applied for a Conditional Use Permit to allow a convenience store as the primary use on the first floor of the existing building (while the second floor would be used as office space for the applicant's business bookkeeping, which will not be open to customers). 1f approved, the conditional use permit would meet the requirements of ECDC 16.45. (2) The applicant has requested that the hours of operation for the convenience store will be from 6:00 am to 11:00 pm, which meet the BN zoning code requirements for business hours of operation. However, the fuel pumps are capable of being set so that they are accessible to the public outside through "pay -at -the -pump" fuel purchases on a 24-hour basis. The applicant has not requested extended hours of operation for the convenience store use however, the applicant has stated that in the future he may wish to have the fuel pumps available to the neighborhood customers between the hours of 11:00 pm and 6:00 am through. "pay -at -the -pump" fuel purchases. If approved, the conditional use permit would meet the requirements of ECDC 16.45. (3) No commercial vehicles, trailers, or equipment unrelated to the operation of the Gas & Mart shall be permitted to be parked or stored on the site. (4) Compliance with Chapter 20.05 is required to allow the establishment of the above-mentioned primary uses in this zone. If a Conditional Use Permit is granted, then the uses will be consistent with the Edmonds Community Development Code Section 16.45.010. 2. ECDC Chapter 17.50 (OFF-STREET PARKING REGULATIONS) a) Facts: (1) ECDC 17.50.0202 outlines the required off-street parking based on the area of the use and the type of use. The table below outlines the parking required based on the uses proposed: Proposed Use Parking Area Required Ratio Parking Convenience Store (1ST floor) 1/300 sq ft 1008 sq 3.36 Hearing Examiner Decision Case No.; CUP 06-25 Page 5 Office with no customers (2°d 1/800 sq ft 360 sq ft floor) Total Off -Street Parking Required: ,f,J 4 (3.81) Spaces (2) ECDC 17.50.020.B.9 would have required one space per 200 square feet for commercial garages, the previous use. (3) ECDC 17.50,020.13.1 requires one space per 300 square feet for convenience stores. (4) ECDC 17.50.020.13.5 requires one space per 800 square feet for offices not providing on-site customer service. (5) It appears that there is plenty of room to accommodate the four required parking spaces, however this will be confirmed through building permit review. (6) The applicant, though the Change of Use building permit application submitted to the City for review, will be required to prove that there is sufficient onsite parking for the uses proposed. b) Conclusion: (1) If the applicant can prove that there is sufficient parking onsite for the uses proposed, then the proposal would meet the parking requirements in ECDC Chapter 17.50. 3. ECAC § 20.05 (CONDITIONAL USE PERMITS) a) Facts: (1) ECDC Section 20.05 contains the review and approval criteria for Conditional Use Permits. According to the aforementioned code section, "No Conditional Use Permit may be approved unless all the findings in this section can be made." The findings are as follows: Comprehensive Plan The proposed use is compatible with the Comprehensive Plan. • Zoning Ordinance - That the proposed use, and its location, is consistent with the purposes of the Zoning Ordinance and the purpose of the zone district in which the use is to be located, and that the proposed use will meet all the applicable requirements of the Zoning Ordinance. • Not Detrimental - That the use, as approved or conditionally approved, will not be significantly detrimental to the public health, safety and welfare, and to nearby private property or improvements unless the use is a public necessity. + Transferability - The Hearing Examiner shall determine whether the conditional use permit shall run with the land or shall be personal. Hearing Examiner Decision Case No.: CUP 06-25 Page 6 (2) The applicant has submitted declarations addressing how this proposal meets the above criteria (Exhibit A, Attachment 6). (3) The Comprehensive flan designates this area as "Neighborhood Commercial." (4) The proposed convenience store and gas station would provide goods and services to the surrounding neighborhood. (5) The Edmonds Community Development Code allows convenience stores and extended hours of operation as a permitted primary use requiring an approved conditional use permit. (6) ECDC § 21.15.092 defines a convenience store: "A convenience stare shall mean a small retail commercial establishment which sells andlor rents a limited selection and variety of perishable and nonperishable food items and grocery related items, video cassettes and sundries which by their nature are geared toward rapid customer turnover. [Ord. 2660 § 6, 1988]. " (7) The proposal meets the definition of a convenience store. (8) No neighbors have raised concerns regarding the proposed new land use. (9) Typical concerns with conveniencestores may include increased littering, crime, noise, lights, access, and overflow parking. (10) No change to lighting or access has been proposed. (11) Noise and crime is subject to Title 5 of the Edmonds City Code "Public Safety and Morals." (12) The submitted building permit will be reviewed by the City's Recycling Coordinator to determine if the existing trash/recycling enclosure is sufficient for the proposed new use. However, this is not intended to be used by patrons so it would not discourage them from littering. (13) A convenient trash receptacle located somewhere near the entry of the building may deter customers from littering. (14) The change of use to a convenience store may increase traffic and the need for parking. (15) A Traffic Impact Analysis has been submitted by the applicant and is being reviewed by the City's Engineering Division. (16) Based on the size of the site and the uses proposed, it appears that there would be sufficient available parking onsite to accommodate the customers. However, a formal parking plan has not yet been submitted to the City, which will be required during Building Permit review. b) Conclusions: (1) See Section C of this report for a discussion on consistency with the Comprehensive Plan for the City of Edmonds. Hearing Examiner Decision Case No.: CUP 06-25 Page 7 (2) See Section B.1-5 of this report for a discussion on consistency with the criteria given in the Zoning Code of the City of Edmonds. If the proposed Conditional Use Permit is approved, the Convenience Store and Gas Station will be.consistent with the Zoning Ordinance. (3) The striped parking spaces and walkway, if required through building permit review, will promote pedestrian activity. (4) If the applicant provides a convenient trash receptacle somewhere near the entry of the building for customers to dispose of their trash, this should reduce the potential for littering and should help keep the site clean and reduce the potential for detriment. (5) Staff found no reason why the permit should not be transferable and the Hearing Examiner concurs. 3. ECDC § 20.15A (Environmental Review) a) Fact: (1) Modifications to buildings exempt from SEPA review do not require SEPA review. h) Conclusion: (1) The applicant and the City have complied with the requirements of ECDC 20.15A. 4. .ECDC § 23.40 (Critical Areas) a) Fact: (1) A Critical Areas Determination has not been conducted for this site. (2) The applicant is not proposing to change anything on the exterior of the existing building or site and therefore this action is not subject to Critical Areas chapter review. b) C¢nclusions: (1) The applicant and the City have complied with the requirements of ECDC § 23.40. (2) If any change is proposed to the landscaping or parking, the applicant will need to apply for a Critical Areas Determination. C. EDMONDS COMPREHENSIVE PLAN COMPLIANCE 1. Land Use a) facts: (1) The Comprehensive Plan designates the subject property "Neighborhood Commercial." Hearing Examiner Decision Case No.: CUP 06-25 Page 8 (2) The site fronts on three streets. 100 Avenue West is designated a "Minor Arterial," while 23$'h Street SW and 101" Avenue West are designated "Local Streets" on the City's Roadway Classification map. (3) The City of Edmonds Comprehensive Plan has goals and policies stated in the Land Use Element, under Commercial Land Use, which relate to the subject proposal. b) Conclusion: (1) The proposed use is located in a commercial area on the Comprehensive Plan. The proposed convenience store is a compatible land use given that Comprehensive Plan designation. 2. Neighborhood Commercial a) Facts: (1) The City of Edmonds Comprehensive Plan lists goals for Commercial Development. It states, "Commercial Development in Edmonds shall be located to take advantage of its unique locational opportunities while being consistent and compatible with the character of its surrounding neighborhood. All commercial development should be designed and located so that it is economically feasible to operate a business and provide goods and services to Edmonds residents and tourists in an safe, convenient and attractive manner, in accordance with the following policies:" B.I. `A sufficient number of sites suited for a variety of commercial uses should be identified and reserved for these purposes. The great majority of such sites should be selected from parcels of land already identified in the comprehensive plan for commercial use and/or zoned far such use. " B.3. "The proliferation of strip commercial areas along Edmonds streets and highways and the development of commercial uses poorly related to surrounding land uses should be strongly discouraged. " BA. "The design and location of all commercial sites should provide for convenient and safe access for customers, employees, and suppliers. " B.5. "All commercial developments should be carefully located and designed to eliminate or minimize the adverse impacts of heavy traffic volume and other related problems on surrounding land uses. " (2) This site is designated commercial on both the Zoning Map and the Comprehensive Plan Map. (3) The convenience store and gas station provide needed services to the surrounding land uses. (4) Access to the site is available off of 100"' Avenue (southbound) and also off of 23$'h Street SW — there are no changes proposed to the existing access points. Hearing Examiner Decision Case No.: CUP 06-25 Page g (5) The City of Edmonds Comprehensive Plan lists specific goals for Neighborhood Commercial Areas. It states, "Neighborhood commercial areas are intended to provide services and convenient shopping for local neighborhoods. They are small in area and building scale (not more than two stories), with an emphasis on pedestrian access for local residents." The following policies reflect this specific commercial area: D.I. "Neighborhood scale commercial development (convenience stores) should be located at major arterial intersections and should be designed to minimize interference with through traffic. " D.2. "Permit uses in neighborhood commercial areas that are intended to serve the local neighborhood Mixed use development should be encouraged within neighborhood commercial areas. " D.3. ".Provide for transit and pedestrian access, with the provision of facilities for local automobile traffic. Provide for pedestrian connections to nearby residential neighborhoods. " D.A. "Provide. for the pedestrian -scale design of buildings that are two stories or less in height and that contain architectural features that promote pedestrian activity. " (6) The proposed convenience store use is to provide services and convenient shopping for the local neighborhood. (7) The proposed convenience store is located on an arterial (I Oe Avenue West). (8) The existing building is two stories in height and there are no proposed changes to increase either the building footprint or the height of the building. (9) Pedestrian activity will be promoted through the clear striping of parking stalls and walkways, which will be required to be shown on the site plan through building permit review. (10) Noise is regulated in the City of Edmonds under Edmonds City Code chapter 5.30 (Noise Abatement Control). b. Conclusions: (1) The proposed convenience store use will not adversely impact the surrounding neighborhood and is generally consistent with the Land Use designation of the Comprehensive Plan for its location. (2) The noise that will be generated by the proposed convenience store and existing gas station is minimal and is subject to the noise ordinance in Edmonds Community Code Title 5.30 (Noise Abatement and Control). (3) The proposed convenience store and gas station with extended hours of operation are compatible land uses and appears to meet the principles of the Neighborhood Commercial Policies noted above, Hearing Examiner Decision Case No.: CUP 06-25 Page 10 (4) Parking lot striping will promote good pedestrian activity. D. TECHNICAL COMMITTEE 1. The proposed Conditional Use Permit has been reviewed and evaluated by the City's Fire Department, Engineering Division, Parks and Recreation Department, and the Public Works Department. 2. `The Engineering Division has requested a Traffic Impact Analysis due to the change -of - use, which the applicant has submitted. No other comments from the Technical Committee were received. E. PU13LIC COMMENTS 1. Correspondence The City did not receive any continent letters regarding this application. DECISION: Based upon the foregoing findings and conclusions, the request for a Conditional Use Permit for the proposed new convenience store and extended hours of operation of the existing gas station is approved, subject to the following conditions: 1. The hours of operation of the convenience store shall be limited to between 6:00 am and 11:00 pm to comply with Neighborhood Business (PN) zoning regulations. 2. The hours of operation of the gas station (fuel pumps) may remain open from 11:00 pm to 6:00 am for outside "pay -at -the -pump" gas purchases. 3. The applicant, through the building permit application for a Change of Use (Plan Check #06-176), shall prove that there is sufficient off-street parking available for the proposed land uses. 4. No commercial vehicles, trailers, or equipment unrelated to the operation of the Gas & Mart shall be parked or stored on the site at any time. 5. This application is subject to the ,applicable requirements contained in the Edmonds Community Development Code (ECDC). It is the responsibility of the applicant to ensure compliance with the various provisions contained in these ordinances. 6. A convenient trash receptacle shall be provided on-site near the entry of the building to discourage the patrons from littering. 7. The permit shall be transferable. Hearing Examiner Decision Case No.: CUP 0625 Page 11 Entered this 16'h day of June 2006 pursuant to the authority granted the Hearings Examiner under Chapter 20.100 of the Community Development Code of the City of Edmonds. Ron McConnell, FAICP Hearing Examiner REC NSIDERATION AND APPEAL: The following is a summary of the deadlines and procedures for filing reconsideration and appeal. Any person wishing to file or respond to a recommendation or appeal should contact the Planning Department for further procedural information. REQUEST FOR RECONSIDERATION: Section 20.100.010.E allows for the Hearing Examiner to reconsider his decision or recommendation if a written request is filed within ten (10) working days of the date of the initial decision by any person who attends the public hearing and signs the attendance register and/or presents testimony or by any person holding an ownership interest in a tract of land which is the subject of such decision or recommendation. The reconsideration request must cite specific references to the findings and/or the criteria contained in the ordinances governing the type of application being reviewed. APPEALS: Section 20.105.020.A & B describe how appeals of a Hearing Examiner decision or recommendation shall be made. The appeal shall be made in writing, and shall include the decision being appealed along with the name of the project and the date of the decision, the name of the individual or group appealing the decision, their interest in the matter, and reasons why the appellant believes the decision to be wrong. The appeal must be filed with the Community Development Director within ten (10) working days after the date of the decision being appealed. TIME L TS FOR RECONSIDERATION AND APPEAL: The time limits for Reconsideration and Appeals run concurrently. If a request for reconsideration is filed before the time limit for filing an appeal has expired, the time clock for filing an appeal is stopped until a decision on the reconsideration request is completed. Hearing Examiner Decision. Case No.: CUP 0625 Page 12 Once the Hearing Examiner has issued his decision on the reconsideration request, the time clock for filing an appeal continues from the point it was stopped. For example, if a reconsideration request is filed on day 5 of the appeal period, an individual would have 9 more days in which to file an appeal after the Hearing Examiner issues his decision on the reconsideration request. LAPSE OF APPROVAL: Section 20.05.020.0 states 'Unless the owner obtains a building permit, or if no building is required, substantially commences the use allowed within one year from the date of approval, the conditional use permit shall expire and be null and void, unless the owner files an application for an extension of the time before the expiration date.' NOTICE TO COUNTY ASSESSOR: The property owner may as a result of the decision rendered by the Hearing Examiner request a change in the valuation of the property by the Snohomish County Assessors Office. EXHIBIT: The following exhibit was offered and entered into the record. A. Planning Division Advisory Report. With 7 attachments PARTIES OF RECORD: Byung Kim Douglas C. Laukkonen Planning Division Woodway Gas & Mart PO Box 55368 Engineering Division 23726 100th Avenue West Shoreline WA 98155 Edmonds WA 98020