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CU-36-89.pdfY890-199' 890-199 - 1-7 11), 1\4 11'' 250 5TH AVE. N. - EDMONDS, WA 98020 m (206) 771-3202 HEARING EXAMINER FINDINGS AND DECISION I THE HEARING EXAMINER OF THi CITY OF EDMONDS IN THE MATTER OF THE APPLICATION OF GREENWOOD GROUP FOR APPROVAL OF A CONDITIONAL USE PERMIT LARRY S. NAUGHTEN MAYOR DECISION: The conditional use permit is granted subject to the conditions listed. INTRODUCTION The Greenwood Group, 13401. Bel -Red Road, Bellevue, Washington 98005, (hereinafter referred to as Applicant), requested appro- val of a conditional use permit for an oil/lube and car wash drive-in business to be located at 21125 - 76th Avenue W, in the city of Edmonds, Washington. A hearing on the request was held before the Hearing Examiner the City of Edmonds, Washington, on June 1, 1989. 1 At the hearing the following presented testimony and evidence: Duane Bowman Planning Dept. City of Edmonds Edmonds, WA 98024 Merrick Lintz 5446 Bel -Red Road Suite 410 Redmond, WA 98052 At the hearing the following exhibits were submitted and were admitted as part of the official record of this proceeding: Exhibit I - Staff Report 2 - Application/Declarations 3 - Legal Description oa 4 - Site Plan 5 ® ADB Requirements & 1(, 0,5,90 & Sister Cities International — Hekinan. Jar)an HEARING EXAMIN DECISION RE: CU -36-89 6/15/89 Page 2 After due consideration of the evidence presented by the Appli- cant, and evidence elicited during the public hearing, the following Findings of Fact and Conclusions constitute the basis of the decision of the Hearing Examiner. FINDINGS 1. The Applicant requested approval of a conditional use permit for an oil/lube and car wash drive-in business to be located at 21125 - 76th Avenue W, in the city of Edmonds, Washington. 2. The subject property is zoned neighborhood business (BN). An appeal of a Planning Department Administrative decision recently resulted in the Applicant being allowed to locate the oil/lube and car wash drive-in business in the BN zone, with a conditional use permit. The business is an allowed use pursuant to the Edmonds Community Development Code (ECDC) 16.45.010(C). 3. ECDC 20.05.010 sets forth the criteria for review of a conditional use permit within the City of Edmonds. That cri- teria include® A. The proposed use must be consistent with the Comprehensive Plan of the City of Edmonds. B. The proposed use and its location must be consis- tent with the purposes of the zoning ordinances and the purposes of the zone district in which the use is to be located, and the proposed use meet all applicable requirements of the zoning ordinance. C. The proposed use, as conditionally approved, must not be significantly detrimental to the public health, safety and welfare, and to nearby private properties or improvements unless the use is a public necessity. D. The Hearing Examiner must determine if the proposed use is transferable. 4. The Comprehensive Policy Plan Map of the City of Edmonds designates the subject property as commercial/business. The proposed use is consistent with this Comprehensive Plan desig- nation because it is a commercial development located and designed HEARING EXAMINI -DECISION RE: CU -36-89 6/15/89 Page 3 to eliminate or minimize any adverse impact on the surrounding land uses and reduce adverse impacts of heavy traffic volume. It is consistent with ECDC 15.20.010. 5. The surrounding properties are zoned primarily as BN. The Edmonds High School is immediately south of the site. 6. The proposed development was depicted on a site plan which was admitted as Exhibit 4 which is attached hereto and by this reference is hereby incorporated as part of these Findings. 7. As shown on Exhibit 4, access to the site will be off 212th Street SW and 76th Avenue W. Traffic will circulate throughout the site and will exit onto these same streets. 8. Two buildings are proposed by the Applicant. The Grease Monkey business will be located in Building A, in which cars will be serviced. A car wash will be located 20 feet east of the Grease Monkey building. It will be a five stall building for car wash purposes. 9. No direct access to and from the 7®11 store immediately north of the property will be allowed. There is an asphalt divider that prohibits traffic circulation in this manner. 10. The proposed development will be landscaped on 76th Avenue W and along 212th Street SW. In addition all the setbacks for BN zones will be observed. 11. The proposed use will not be detrimental to the public nor to nearby private property or improvements. 12. A Declaration of Non -Significance pursuant to the State Environmental Policy Act has been issued for the proposed project. 13. The Planning Department of the City of Edmonds recommended approval of the conditional use permit subject to conditions as set forth in the Staff Report, which was admitted as Exhibit 1. CONCLUSIONS 1. The Applicant requested approval of a conditional use permit for an oil/lube and car wash drive-in business to be located at 21125 ® 76th Avenue W, in the city of Edmonds, Washington. HEARING EXAMIN.. DECISION RE: CU -36-89 6/15/89 Page 4 2. The property is zoned BN. In order for the proposed business to be located in a BN zone a conditional use permit is required. 3. In order for a conditional use permit to be granted within the City of Edmonds the criteria of ECDC 20.05.010 must be satis- fied. That criteria are satisfied with this application. 4. The conditional use permit will be consistent with the purposes of the BN zone as set forth in ECDC 16.45.000. It will reserve an area for services which are needed on an everyday basis by residents of the City of Edmonds and this particular neighborhood. This development will be compact and convenient and will have a development pattern that will be operated chiefly within the buildings on site. 5. The requested conditional use permit is consistent with the purposes of the BN zoning designation of the Comprehensive Plan for the subject property. 6. The requested conditional use permit will not be detrimental to the public nor to nearby private properties or improvements. 7. The requested conditional use permit shall not be trans- ferable and is personal to the Applicant. 8. No public testimony other than the Applicant's testimony was received at this hearing. 9. The Hearing Examiner of the City of Edmonds has jurisdic- tional authority to hold hearings based on the authority granted him in ECDC Chapter 20.100. nFCTSrnm Based upon the preceding Findings of Facts and Conclusions, the testimony and evidence submitted at the public hearing, and upon the impressions of the Hearing Examiner at a site view, it is hereby ordered that the requested conditional use permit for an oil/lube and car wash drive-in business to be located at 21125 - 76th Avenue W, in the city of Edmonds, Washington, is granted subject to the following conditions: 1. The Applicant shall pay the traffic mitigation impact fees established by the City Engineer, per the College Place Traffic Study. HEARING EXAMINF_ DECISION RE: CU -36-89 0/15/89 Page 5 2. The conditional use permit is not transferable and is per- sonal to the Applicant. 3. The Applicant shall comply with all Architectural Design Board requirements. 4. Unlessotherwise changed by the Architectural Design Board, the site shall be developed similar to that as shown in the site plan of Exhibit 4. Entered this 15th day of June, 1989, pursuant to the authority granted the Hearing Examiner under Chapter 20.100 of the Community Development Code of the City of Edmonds. Va ES M. DRISCOLL ring Examiner NOTICE OF RIGHT TO APPEAL Written appeals alleging specific error of fact or other grounds for appeal may be filed with the Planning Department, City of Edmonds, Civic Center, Edmonds, Washington 98020, within fourteen (14) days of the date of the Hearing Examiner's final action. In this matter any appeal must be received by the Department prior to 5:00 p.m. on June 29, 1989. THIS PACKET SENT TO THE HEARING EXAMINER ON 5/25/89 CU -36-89 EXHIBIT I STAFF REPORT' EXHIBIT 2 APPLICATION EXHIBIT 3 LEGAL DESCRIPTION EXHIBIT 4 SITE PLAN EXHIBIT I FILE: CU -36-89 TIM Conditional use permit for oil/lube and car wash drive-in businesses at 21.125 76th Ave. W., Edmonds. II. APPLICANT/OWNER: -the Greenwood Group Rep. - Merrick Lentz 13401 Be] -Red Road 15446 Bel -Red Road, #410 Bellevue, WA 98005 Redmond, WA 98052 111. LEGAL DESCRIPTION See Exhibit 3 IV. STAFF FINDINGS AND CONCLUSIONS A. Description of the Subject Property and Surrounding Area The subject property is located on the northeast corner of 76th Ave. W. and 212th St. S.W. There is an abandoned gas station building located on the site. The site is relatively level. Access is available from both streets. The Applicant is proposing to demolish the gas station building and construct two drive-in businesses, an oil/lube service facility and a self-sevrvice car wash. Surrounding development is primarily commercial, with the exception of Edmonds High School, which is located to the southwest of the property. B. Official Street Map West - 76th Ave. W. South - 212th St. S.W. C. Zoning Ordinance Proposed RJW Existing R/W 60' 60' 60' 601 The subject property is zoned BN. Surrounding zoning is a primarily BN zoning, with the exception of Edmonds High School. As conditioned, the requested conditional use permit does not appear to conflict with the purposes of the Zoning Ordinance or the BN zone. D. Comprehensive Plan The subject property and surrounding area is designated as Commercial/Business. As conditioned, the proposed conditional use does not appear to conflict with the purposes of the Comprehensive Plan. E. Not Detrimental The proposed use should not be significantly detrimental to the public nor to nearby private property or improvements. A declaration of nonsignificance has been issued on this project. F. Transferability The permit should not be transferable and be made personal to the Applicant. V. STAFF RECOMMENDATION: Should the Hearing Examiner decide to grant approval to CU -36-89, it should be subject to the following conditions: 1. The Applicant shall pay the traffic mitigation impact fees established by the City Engineer, per the College Place Traffic Study. 2. The permit should not be transferable. 3. The Applicant shall comply with all Architectural Design Board requirements. .......... 'I'll, CITY OF EDMONDS HEARING EXAMINER APPLICATION FOR CONDITIONAL USE PERMIT FILE # DATE " / " 2 i,',`,'� 'i FEE—­A RECT # 165 APO'S HEARING DATE 6 APPL I CANTEkIEZIE —le",�11-1[1- ADDRESS 2 PHO CITY & NE INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY PHONE 7 7 OWNER 4 g, �g") 'AJ ADDRESS LOCATION OR ADDRESS OF PROPERTY,.,L . . . . . . . . . . . ..........aimJJ LEGAL DESCRIPTION OF PROPERTY L To be completed by the Planning Division: U s e Z o n Legal description checked and approved by:__ Date-______ CONDITIONAL USE REQUESTED: --L) L1111 � —%/ ",, DETAILS OFt4 A PROPOSED USAGE: 4 A V4 0 4, " 1A 'A A vJ A TIF", , [J t, 1, 1-rvi 4 Sig nature of Applicant, Owner a� .Rpp eser tat i v e Release/Hold Harmless _AqrELe1ient The undersigned applicant, his heirs and assigns, in consideration for the City processing the application agrees to release, indemnify, defend and hold the City of Edmonds harmless -from any and all damages and/or claims for damages, including reasonable attorneys' -fees, arising from any action or inaction based in whole or in part upon false, misleading or incomplete -information furnished by -the applicant, his agents or employees. Permission to Enter Subject Property The undersigned applicant grants his, her or its permission for public officials and 'the staff of the City of Edmonds to enter -the subject property for -the purpose of inspection and posting attendant to 'this application. 5, ve ori"gnature of Applicant, Owner," r Representat . .... .... ... ... . . r,", T �-,i..<,4, vJ ro r L, t,i + Pj. . ....... I PJ, 'I PS i ao-dI -- ---- 149 R In i -�_-1" = 2o= o 7-I I (C-XW--r) 2 J ria I I 1 r� 1 I 1 I I i N i i El mmm F— I F— I I I I I I I