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CU-97-89.pdf8 9 0- 19 y_ f ", AF1 "_ DI " ", 1" D � ' ( , "" , 250 5TH AVE. N. ® EDMONDS, WA 98020 ® (206) 771-3202 HEARING EXAMINER FINDINGS AND DECISION *F THE HEARING EXAMINER OF T CITY OEDMONDS I F IN THE MATTER OF THE APPLICATION OF THE GREENWOOD GROUP FOR APPROVAL OF A CONDITIONAL USE PERMIT DECISION: The conditional use permit is denied. LARRY S. NAUGHTEN MAYOR FILE: CU --97-89 The Greenwood Group, 13401 Bel -Red Road, Bellevue, Washington 98005, (hereinafter referred to as Applicant), requested approval of a conditional use permit for the operation of a 24 hour car wash at 7525 - 212th Street SW, Edmonds, Washington. A hearing on the request was held before the Hearing Examiner of the City of Edmonds, Washing -ton, on December 21, 1989® At the hearing the following presented testimony and evidence: Duane Bowman Planning Dept. City of Edmonds Edmonds, WA 98020 Calvin Schnell 7509 -- 212th St. SW EL'. dF, to n d s , WA 98020 Steve Guthrie GREENWOOD GROUP 13401 Bel -Red Road Bellevue, WA 98005 At the hearing the following exhibits were submitted and were admitted as part of the official record of 1 --his proceeding: Exhibit I - Staff Report 11 2 - Application/Declarations 19 3 - Legal Description of 4 - Site Plan if 5 Declaration of Non -Significance It 6 Vicinity Map After due consideration of the evidence presented by the Applicant, and evidence elicited during -the public hearing, the following - Findings of Fact and Conclusions constitute the basis of the deci- sion of the Hearing Examiner. "f" lncorp" A(t qw'/ 11, 0-)'90 f Sister Cities International — 1--lekinan. JaiDan HEARING EXAMINER DECISION RE: CU -97-89 /8/89 Page 2 PTNnTNnq 1. The Applicant requested a conditional use permit for the operation of a 24 hour car wash at 7525 - 212th Street SW, Edmonds, Washington. 2. The subject property is located on the northeast corner of the intersection of 212th Street SW and 76th Avenue W. The site is developed with two drive-in businesses, including an oil -and -lube service facility and a car wash. These businesses were permitted pursuant to a conditional use permit (#CU -36-89). 3. It is the intent of the Applicant to operate the car wash on a 24 hour schedule. 4. The subject property is zoned neighborhood business (BN). Pursuant to the provisions of the Edmonds Community Development Code (ECDC) 16.45.010(C)(4), businesses that are open to the public between the hours of 11:00 pm and 6:00 am must be reviewed with a conditional use permit. 5. ECDC 20.05.010 sets forth the criteria for review of a condi- tional use permit within the City of Edmonds. That criteria 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. (ECDC) 6. The surrounding properties have zoning designations of BN, with the exception of a high school west of the subject property HEARING EXAMINER DECISION RE: CU -97-89 /8/89 Page 3 which is designated as a public use. Although zoned BN, the property to the east of the subject property is developed as a single family residence. 7. The Comprehensive Policy Plan Map of the City of Edmonds designates the subject property as being located in a commercial/business area. 8. The City of Edmonds Planning Department submitted that although the car wash does provide a service to the residents of the City, "it is questionable that such service is needed after 11:00 pm." However, the City did recommend conditions if the conditional use permit were granted. 9. The Applicant submitted that the 24 hour car wash will accommodate people who have different schedules than those who work during the day. He indicated that the number of people who would utilize the car wash during the hours after 11°00 pm are small in number. 10. The Applicant submitted that other car wash facilities in the area are operated on a 24 hour basis. He contended that the Applicant's company owns a car wash in Kirkland which operates 24 hours. To date there has been no complaint about noise or other activity at the Kirkland site. 11. The washing equipment is located in an enclosed, 6" to 8" enclosed concrete block room which effectively muffles much of the noise from the pumps. 12. In addition to the car wash, the Applicant has five (5) vacuums located on the south side of the structure of the car wash. The eastern most vacuum is approximately 40-50 feet from the closest property, which is developed as a single family residence. There is a hedge separating this property. 13. The motors for the vacuum are in self-contained boxes. 14. Kelvin Schell, the property owner immediately east of the subject property, stated that he had lived in the area since 1959. Since that time much of the area has been developed with busi- nesses. He submitted that there is significant noise generated from these activities and was also concerned about the increased activity and noise that would be generated from the car wash during the night hours. HEARING EXAMINER DECISION RE: CU -97-89 '/8/89 Page 4 15. Witness Schell submitted that his main concern for a 24 hour car wash is the amount of noise emanating from the site. He said that the car wash operation, horns, radios, and car engines would create significant noise greater than currently existing near his property between 11:00 pm and 6:00 am. 16. The City submitted that the requested conditional use permit does not conflict with the purposes of the zoning ordinance and the BN zone, nor with the purposes of the Comprehensive Plan. CONCLUSIONS 1. The Applicant requested approval of a conditional use permit for the operation of a 24 hour car wash at 7525 - 212th Street SW, Edmonds, Washington. 2. Pursuant to the provisions of ECDC 16.45.010(0)(4) a condi- tional use permit is required because the proposed car wash will operate between the hours of 11:00 pm and 6:00 am. 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 satisfied. 4. The requested use and its location are consistent with the BN zoning ordinance and the purpose of that ordinance. It provides a commercial use for a service allowed in this particular zone. 5. The requested use is consistent with the Comprehensive Plan designation of commercial/business. 6. The conditional use permit will not be detrimental to the public health, safety and welfare. However, it will be detri- mental to nearby private properties because of the increased noise generated from the site. 7. The Hearing Examiner of the City of Edmonds has jurisdic- tional authority to hold hearings based on the authority granted to him in ECDC 20.100. Based upon the preceding Findings of Facts and Conclusions, the testimony and evidence submitted at the public hearing, and upon HEARING EXAMINER DECISION RE: CU -97-89 18/89 Page 5 the impressions of the Hearing Examiner at a site view, it is hereby ordered that the requested conditional use permit for the operation of a 24 hour car wash at 7525 - 212th Street SW, Edmonds, Washington, is denied. The basis of this denial is that the application fails to satisfy all of the criteria of ECDC 20.05.010. The reasons for failure to meet the criteria are set forth within the Findings and Conclusions of this document. Specifically, the 24 hour car wash has the potential of creating excessive noise and being disruptive to an adjoining property owner. With the pumps, vacuums, horns, car engines and radios, plus the conversations of people cleaning the cars during late hours there is a potential that the activity will be detrimental to the adjoining property owners. Thus, ECDC 20.05.010(C) is not satisfied with this request. Accordingly, the conditional use permit is denied. With denial of this conditional use permit the activities at the car wash may continue, but are restricted to hours of operation consistent with the codes of the City of Edmonds. Entered this 8th day of January, 1990, pursuant to the authority granted the Hearing Examiner under Chapter 20.100 of the Community Development Code of the City of Edmonds. 60 Vma 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 January 22, 1990. wlwfflm�� CU -97-89 EXHIBIT 2 ® APPLICATION/DECLARATIONS r kl EXHIBIT 5 ® DECLARATION OF NONSIGNIFICANCE EXHIBIT 6 m VICINITY MAP EXHIBIT 1 STAFF REPORT TO THE HEARING EXAMINER FILE: CU -97-89 HEARING DATE: December 21, 1989 I. REQUESTED ACTION: Conditional use permit to operate a 24 hour car wash at 7525 212th St. S.W., Edmonds. II. APPLICANT/OWNER: Rep - Merrick Lentz Owner - The Greenwood Group 15446 Bel -Red Rd., #410 13401 Bel -Red Rd. Redmond, WA 98052 Bellevue, WA 98005 III. 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 212th St. S.W. and 76th Ave. W. The site is currently being developed with two drive-in businesses, an oil/lube service facility and a car wash. Both uses are permitted per the approval of #CU -36-89. The Applicant is now seeking a conditional use permit to allow the car wash facility to be open 24 hours. Surrounding development in the immediate vicinity is primarily commercial, with the exception of Edmonds High School, which is located to the southwest. Multiple family development is located farther to the east and north within visual sight of the subject property. B. Official Street Map mProposed R/W Existing R/W West - 76th Ave. W. 60' 601 South - 212th St. S.W. 60' 601 C. Zoninq Ordinance Staff Report Page 2 CU -97-89 The subject property is zoned BN. Surrounding zoning is also primarily BN, with the exception of the High School, which is designated Public Use. The requested conditional use permit does appear to conflict with the purposes of the Zoning Ordinance and the BN zone. The car wash business is not conducted within an enclosed building. While it is true that the business does provide a service to the residents in the area, it is questionable that such service is needed after 11:00 p.m. D. Comprehensive Plan The subject property and surrounding area is designated Commercial/Business. 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. V. STAFF RECOMMENDATION: Should the Hearing Examiner decide to grant approval to CU -97-89, it should be subject to the following conditions: 1. All lighting and noise shall conform to the performance standards outlined in Chapter 17.60.010 (B). 2. The permit shall not be transferable. CITY OF EDM0NDS HEARING EXAMINER APPLICATION FOR CONDITIONAL USE PERMIT APPLICANT Merrick Lentz Architect CITY & ZIP Redmond, WA 98052 FILE UAE FEE RECT # APO/3 �~ 14 - HEARING DATE � ADDRESS 15446 Bel -Red Rd., Ste. 410 PHONE 881-8117 INDICATE TYPE OR DEGREE OF INTEREST IN PROPERTY Architect/Contact Person 134Ol ll OWNER The Greenwood Group 8UUKLSS Bellevue, We` 98005 PHONE 641-4377 LOCATION OR ADDRESS OF PKUPEK|YCurceut Address: Euuuonuu Wu 98020 LEGAL DESCRIPTION OF PROPERTY See attached sheet TO be completed by the PldDUiOQ Division: Legal description checked and approved by: CONDITIONAL USE REQUESTED: operate car wash 24hrs. per day. DETAILS OF PROPOSED USAGE: Bmm attached. Rim Release/Hold Harmless Agreement e The undersigned applicant, his heirs and aS51gOS, in consideration fOr the City processing the application agrees to release, indemnify, defend and hold 'the City of Edmonds hdr0l2SS frO0 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 dg8Ot5 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 thg subject property f0r the purpose of inspection and posting attendant to this application. DETAILS_0F_PR_OP0SED_UGAGE: It is proposed to operate the car wash approved as a drive-in business under application #CU -36-89 on June 15, 1989, on a 24 hour per day basis. This usage is allowed per the City of Edmonds zoning code if a conditional use is approved. As already determined in previous reviews per application CU --36- 9, the car wash use is consistent with the comprehensive plan, and will meet all applicable requirements of the zoning ordinance. The use of this facility will not be significantly detrimental to the public health, safety or welfare, and should help improve the security of the immediate area by maintaining a well -lighted accessible site at all times. By remaining open, the incidence of vandalism for this use, as well as the adjoining properties, should be significantly reduced. The lights premises will also assist police patrols in completing visual scans of the property more thoroughly and quickly than if the facility were not open. All surrounding property is currently zoned B -N. Tice convenience store located to the north of the car wash is currently operating on a 24-hour basis. The remaining uses fronting the intersection are commercial in nature, and will be unaffected by the car wash, in addition, a significant landscape hedge lining the north and east units of the BN zoned property creates a visual and sound absorptive buffer between the BN and adjacent residential zones. Therefore, use of the car wash will not be significantly detrimental to the nearby private property. -Exh LEGAL DESCRIPTION Seattle Heights Division 4 Block 004 D-06 That portion of Lots 7 and 8 described as follows: Beginning at the SW corner of Lot 8; thence east along the south lines of Lots 7 and 8 189.4 feet; thence north 1..00 feet, more or less, to the intersection of a line parallel, with and 261.92 feet south of the north line of Lots 7 and 8; thence west 99.4 feet, more or less, to the intersection of a line parallel with and 14.5 feet west of the east line of Lot 8; thence north 25 feet, more or less, to the intersection of a line parallel with and 125 feet north of the south line of said lot; thence west 90 feet to the west line of Lot 8; thence south 125 feet to the SW corner of Lot 8 which is the point of beginning, Less that portion described as follows: Beginning at the SW corner of Lot 8; thence northerly along the west 'Line of said Lot 8 feet; thence southeasterly to the intersection of the south line of Lot 8 approximately 8 feet easterly of the SW corner of Lot 8. 0 �61•Gel _ 'M MV tl-L lL X11 'NIW i L ry I I al v I� l vlr. -- I 1 ---I i r l b36, 'M MV tl-L lL X11 a 'NIW i I I al v a FILE# CU -97-89 DETERMINATION OF NONSIGNIFICANCE Description of proposal Conditional use permit for 24 hour self- service car wash operation Proponent Merrick Lentz Location of proposal, including street address, if any 7525 212th St. S.W., Edmonds. WA Lead Agency Edmonds Planning Division The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. X There is no comment period for this DNS. This DNS is issued under 197-11-340(2); the lead agency will not act on this proposal for 15 days from the date below. Comments must be submitted by Responsible Official Duane V. Bowman Position/Title Assistant City Planner hone 771-3202 4 Address 250 5th Ave. N., Edmonds WA 98Q - zz Date December 12, 1989 Signature X You may appeal this determination of nonsignificance to Hearing Examiner at 250 5th Ave. North, Edmonds, WA 98020 no later than 5:00 p.m. December 22, 1989 ' by filing a written appeal citing reasons. You should be prepared to make specific factual objections. Contact Duane Bowman to read or ask about the procedures for SEPA appeals. There is no agency appeal. 1- S.W. 20 T271 R4 zu I L az Nip 7 S.®®� o 1 A_ _. C LYO �p�c D216 ZBg Vicinity ® f�V20 7p° AefE — ►O�FP`1�C¢ cCO�lu 10231 2021: 20305 20316 ® 20345 6 P r 2031! 20320 ^ 203/! 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