HearingExaminerDecision_Starbucks.pdf
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CITY OF EDMONDS
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BEFORE THE HEARING EXAMINER FOR THE CITY
OF EDMONDS
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Phil Olbrechts, Hearing Examiner
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RE: Starbucks
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND FINAL DECISION
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Conditional Use Permitand
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Design Review
(PLN20140054 and
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PLN20140055)
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INTRODUCTION
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The applicant requests conditional use permit and design review approval for the
construction of a 2,126 square foot building for a Starbucks with an associated drive
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through lane at 9801 Edmonds Way. The application isapproved subject to
conditions.
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TESTIMONY
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Kernen Lien, associate Edmonds planner, summarized the proposal. In response to
examiner questions, Eric Ramsing, the applicantÈsrepresentative,noted that the
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queuing analysis methodology was standard for that type of review.
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EXHIBITS
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Ex. 1: Staff report with Attachments 1-18.
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FINDINGS OF FACT
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Procedural:
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1.Applicant. Tom Rocca, Seven Hills Properties.
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2.Hearing. The Hearing Examiner conducted a hearing on the subject
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application on December 18, 2014 at 3:00 pm in the Council Chambers of the
Edmonds Public Safety Complex.
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Substantive:
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3.Site and Proposal Description. The applicant requests conditional use
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permit and design review approval for the construction of a 2,126 square foot
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building for a Starbucks with an associated drive through lane at 9801 Edmonds Way.
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4.Characteristics of the Area. Thesubject property is located in the
Neighborhood Business (BN) zone. The neighborhood surrounding the site consists
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of commercial development along Edmonds Way in what is known as the Westgate
neighborhood. Surrounding uses include shopping centers to the south and southwest
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(BartellÈs, Starbucks, Subway, etc.), a bank and service station to the east and grocery
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stores to the west (PCC and QFC) along with numerous neighborhood commercial
businesses. A Walgreens is located just to the north of the project site. A single
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family residential (RS-8) neighborhood surrounds the BN zone and a residential area
just north of the site sits on a hill overlooking property. There are a few new bank
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buildings planned or in the process of being constructed in the immediate vicinity, all
of which will have drive-through teller lanes. Access for the proposed development
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will remain off both 100th and Edmonds Way (SR-104), the latter of which is
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considered a ÅPrincipal Arterial.Æ
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5.Adverse Impacts of Proposed Use. There are no significant adverse
impacts created by the project that are relevant to the permits under consideration.
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Specific impacts are addressed as follows:
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A.Traffic. As determined in the traffic study, Ex. 1.9, conducted for the
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project, the proposal will only create a modest increase in traffic over the
current use of the property and this added traffic is well within the level of
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service levels adopted for the roads that serve the project. Queuing studies
have also been done as part of the traffic analysis and these studies have
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determined that lines for the drive-through will not extend off the property
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during peak usage.
B.Critical Areas. There are nocritical areas on site.
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C.Compatibility. The proposal drew no adverse written comment or public
testimony. Since the proposal is within an areas zoned for and used for
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commercial use, there are no compatibility issues associated with it.
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CONCLUSIONS OF LAW
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Procedural:
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1.Authority of Hearing Examiner. ECDC 20.01.003 provides that the
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Hearing Examiner will hold a hearing and issue a final decision on conditional use
permit applications. Design review is consolidated before the Examiner for a hearing
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and final decision as required by ECDC 20.01.002(B).
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Substantive:
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2.Zoning Designations. The subject property is designated as Neighborhood
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Business (BN).
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3.Permit Review Criteria. ECDC 16.45.010(C)(2) requires a conditional use
permit for drive in businesses in the BNzone. The criteria for a conditional use
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permit are governed by ECDC 20.050.010. The criteria for general design review are
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set by ECDC 20.11.020 and 20.11.030. Staff findings regarding compliance with
ECDC 2011.030, p. 18-20 of the staff report, are adopted and incorporated by this
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reference as if set forth in full. All other applicable criteria are quoted below and
applied through corresponding conclusions of law.
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No conditional use permit may be approved unless all of the
ECDC 20.050.010:
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findings in this section can be made.
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A.That the proposal is consistent with the comprehensive plan.
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ECDC 20.11.020 Findings.
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The board shall make the following findings before approving the proposed
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development:
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A. Criteria and Comprehensive Plan. The proposal is consistent with the criteria
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listed in ECDC 20.11.030 in accordance with the techniques and objectives contained
in the urban design chapter of the community culture and urban design element of the
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comprehensive plan. The city has the obligation to provide specific direction and
guidance to applicants. The urban design chapter has been adopted to fulfill the cityÈs
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obligations under Washington State case law. The urban design chapter shall be used
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to determine if an application meets the general criteria set forth in this chapter. In
the event of ambiguity or conflict, the specific provisions of the urban design chapter
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shall control.
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4.The criteria are met. The staff report analysis of the comprehensive plan,
located at Section VIII of the report, is adopted and incorporated by this reference as
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if set forth in full.
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Zoning Ordinance. That the proposed use, and its location, is
ECDC 20.05.010(B):
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consistent with the purposes of the zoning ordinance and the purposes of the zone
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district in which the use is to be located, and that the proposed use will meet all
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applicable requirements of the zoning ordinance.
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Zoning Ordinance. The proposal meets the bulk and use
ECDC 20.11.020(B):
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requirements of the zoning ordinance, or a variance or modification has been
approved under the terms of this code for any duration. The finding of the staff that a
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proposal meets the bulk and use requirements of the zoning ordinance shall be given
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substantial deference and may be overcome only by clear and convincing evidence.
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The BN zone has the following specific purposes in addition to the general
16.45.000:
purposes for business and commercial zones listed in Chapter 16.40 ECDC:
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A. To reserve areas, for those retail stores, offices, retail service establishments which
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offer goods and services needed on an everyday basis by residents of a neighborhood
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area;
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B. To ensure compact, convenient development patterns by allowing uses that are
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operated chiefly within buildings.
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5.The proposal meets all applicable zoning requirements. The staffreport
analysis of Zoning Ordinance compliance, located at Section X of the report, is
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adopted and incorporated by this reference as if set forth in full. The purpose of the
BN zone is also served by permitting retail uses that have been expressly reserved for
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the BN zone.
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Not Detrimental. That the use, as approved or conditionally
ECDC 20.05.010(C):
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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.
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6.As determinedin Findingsof Fact No. 5, there are no significant adverse
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impacts associated with the proposal. For thisreason, the proposal is not found to be
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detrimental to the public health, safety and welfare and not detrimental to nearby
private property or improvements.
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Transferability. The hearing examiner shall determine whether
ECDC 20.05.010(D):
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the conditional use permit shall run with the land or shall be personal. If it runs with
the land and the hearing examiner finds it in the public interest, the hearing examiner
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may require that it be recorded in the form of a covenant with the Snohomish County
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auditor.The hearing examiner may also determine whether the conditional use permit
may or may not be used by a subsequent user of the same property.
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7.The conditional use permit shall run with the landfor a drive-in business
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use.
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DECISION
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The conditional use permit and general design review applications meet all applicable
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criteria for the reasons outlined above and are approved, subject are to the following
conditions:
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1.The light standards installed in association with the project shall not exceed 25 feet in
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height.
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2.All mechanical equipment and other utility hardware on the roof, grounds or
buildings shall be screened to mitigate view impacts from street level. Screening
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could include the use of architectural elements, landscaping and/or fencing.
3.Theapplicant is responsible for seeking and obtaining all other required local, state
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and federal permits.
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4.The applicant must apply for and obtain all necessary building permits. This
application is subject to the applicable requirements in the Edmonds Community
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Development Code. It is the responsibility of the applicant to ensure compliance
with the various provisions contained in the ordinances.
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5.The conditional use permit shall be transferable to subsequent property owners.
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6.All rain gardens should have adefined overflow path such that runoff above the
facilitiesÈ design capacity does not cause: flooding of a building or an emergency
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access route, erosion or sedimentation in a waterway, or slope failure.
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th
DATED this 8day of January, 2015.
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City of EdmondsHearing Examiner
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Appeal Right and Valuation Notices
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This land use decision is final and subject to closed record appeal to the City Council
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as authorized by ECDC 20.01.003. Appeals must be filed within 14 days of the
issuance of this decision as required by ECDC 20.07.004(B).Reconsideration may
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be requested within 10 calendar days of issuance of this decision as required by
ECDC 20.06.010.
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Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
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