StaffReport_PLN20100029.pdf
CITY OF EDMONDS
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121 5 Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.ci.edmonds.wa.us
DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION
PLANNING DIVISION
FINDINGS, CONCLUSIONS, & RECOMMENDATION TO THE HEARING EXAMINER
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Project: St. SW (BC Zone)
Green Bean Java – drive through espresso stand at 7601 244
File Number:
PLN20100029
Date of Report:
June 18, 2010
Staff Contact:
____________________________
Gina Coccia, Associate Planner
Public Hearing:
Thursday – July 1, 2010 at 3:00 P.M.
Edmonds Public Safety Complex: Council Chambers
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Avenue North, Edmonds WA 98020
250 5
I.GENERAL INFORMATION
Request:
To construct a new 550 square foot drive-through coffee stand (280 square foot
A.
building footprint) on the west side of the gas station property \[ATTACHMENT 1\]. The height
is approximately 24’ and includes a 55 square foot restroom, espresso machine, and sinks.
Several years ago, the City received an application for a temporary building that functioned as an
espresso stand at this site. When the permit expired, the building was removed. This proposal is
for a permanent building, which requires a building permit. See also applicant’s narrative
\[ATTACHMENT 5\].
Review Process:
Type III-A quasi-judicial open record public hearing.
B.
Owner:
Chong S. (“Larry”) Pac.
C.
Applicant:
Ki Nam, Architect \[ATTACHMENT 2\].
D.
Tax Parcel Number:
00491100001005.
E.
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Location:
7601 244 Street SW, Edmonds WA 98026 at the existing 76 gas station site
F.
\[ATTACHMENT 1\].
Zoning:
Community Business (BC).
G.
Lot Area:
Approximately 0.62 acres or 27,007 square feet.
H.
Existing Use:
Gas station + retail convenience store.
I.
Proposed Use:
Adding a small permanent retail drive-through espresso stand to the property.
J.
Shoreline Management:
The site is not subject to Shorelines of the State regulations.
K.
SEPA:
The proposal is not subject to review under the State Environmental Policy Act.
L.
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Comprehensive Plan Designation:
Highway 99 / Corridor Development.
M.
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Access / Street:
244 Street SW is also known as State Route 104, North 205 Street, and Lake
N.
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Ballinger Way. 76 Avenue West is considered a “Minor Arterial” while SR-104 is considered a
“Principal Arterial.” Both streets provide access to the property with (right-in/right-out only).
No new curb cuts are proposed and the Engineering Division reviewed the queuing proposed.
II.FINDINGS & ANALYSIS
CHAPTER 20.01 ECDC – TYPES OF PERMIT APPLICATIONS
A.
The Community Business (BC) zone (Chapter 16.50 ECDC) permits drive-in businesses (like an espresso
stand) as a permitted primary use requiring a conditional use permit. Conditional use permits are
processed as “Type III-A” permits as depicted in the matrix in ECDC Section 20.01.003.A ECDC. Type
III-A permits are reviewed by the Hearing Examiner with an open record public hearing. The quasi-
judicial decision is made in writing by the Hearing Examiner ten business days following the close of the
public hearing. The review has been completed consistent with Chapter 20.01 ECDC.
CHAPTER 20.02 ECDC – PUBLIC NOTICE
B.
This permit application was submitted on May 6, 2010 and determined to be complete on May 27, 2010.
A Notice of Application and Public Hearing was circulated on June 8, 2008. The notice was published in
the Everett Herald Newspaper, posted at the subject site, as well as the Public Safety Complex,
Development Services Department and the Library. Notices were also mailed to owners within 300 feet
of the site. The City has complied with the noticing provisions in Chapter 20.02 ECDC
\[ATTACHMENT 6\]. The review has been completed consistent with Chapter 20.02 ECDC.
CHAPTER 16.50 ECDC – COMMUNITY BUSINESS (BC) ZONE
C.
The site is located in the Community Business (BC) zone and subject to the requirements of Chapter
16.50 ECDC. The site is not adjacent to residentially-zoned property so there are no minimum setbacks
required. The maximum height in the BC zone is 25 feet. Based on the site plan submitted
\[ATTACHMENT 3\] the project appears to be consistent with the development standards and uses
permitted in Chapter 16.50 ECDC.
ECDC TITLE 23 – NATURAL RESOURCES
D.
Title 23 contains Chapter 23.40 (Environmentally Critical Areas) and Chapter 23.80 (Geologically
Hazardous Areas). A Critical Areas Determination was evaluated in 1998 (file CRA19980252) and it was
determined that there are no critical areas on or adjacent to this property. However, the critical areas
regulations changed in 2005 and it is evident that there is a steep slope north of this property. Projects
adjacent to a steep slope are often required to submit a geotechnical report with the building permit that
confirms that the scope of work will be safe and not harm critical areas. The applicant should be aware
that during the building permit review, staff from the Development Services Department
(Building/Planning/Engineering) has the authority to request a geotechnical report if they feel it is
necessary. The City’s LiDAR data suggests there is a steep slope (>40% rise/run) along the NE edge of
the site. The proposed espresso stand building appears to be set back a distance of over 100 feet from the
top of the 30’ tall slope and will be constructed over the existing paved surface. At this time, it does not
appear as though a geotechnical report would be required by the Planning Division with the building
permit review. Staff feels that the proposal is consistent with the intent of ECDC Title 23.
CHAPTER 17.50 ECDC – OFF STREET PARKING REGULATIONS
E.
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There appear to be 12 existing parking spaces shown on the site plan. Retail stores require one space per
300 square feet (the existing store is shown at 1800 square feet so 6 stalls are required). The gas station
itself does not require additional parking, because cars park under the canopy at each pump. The espresso
stand would be considered a “restaurant” and parking would be required at a rate of one space per 200
square feet of gross floor area. At 280 square feet, this espresso stand would require 1.4 or 1 parking
stall. Because 7 total stalls are required onsite – and because it appears that there are 12 stalls provided,
the proposal is consistent with Chapter 17.50 ECDC.
CHAPTER 20.11 ECDC – GENERAL DESIGN REVIEW
F.
ECDC 20.11.010 requires the ADB to review general design review applications that trigger SEPA. This
project did not require review under the State Environmental Policy Act. All other developments may be
approved by staff as a “Type I” administrative decision. For this permit, staff will review the design and
make a recommendation to the Hearing Examiner on both the design and the use of the proposal.
Whether reviewed by staff or the ADB, findings must be made that the development is consistent with the
zoning ordinance (see section II.C), the Comprehensive Plan (see section II.H) and the design criteria
listed in Section 20.11.030 ECDC, below.
ECDC 20.11.030 Criteria
A. Building Design.
No one architectural style is required. The building shall be designed to comply with the purposes of this
chapter and to avoid conflict with the existing and planned character of the nearby area. All elements of building design shall
form an integrated development, harmonious in scale, line and mass. The following are included as elements of building design:
1.
All exterior building components, including windows, doors, eaves, and parapets;
2.
Colors, which should avoid excessive brilliance or brightness except where that would enhance the character of the area;
3.
Mechanical equipment or other utility hardware on the roof, grounds or buildings should be screened from view from the
street level;
4.
Long, massive, unbroken or monotonous buildings shall be avoided in order to comply with the purposes of this chapter
and the design objectives of the comprehensive plan. This criterion is meant to describe the entire building. All elements of
the design of a building including the massing, building forms, architectural details and finish materials contribute to
whether or not a building is found to be long, massive, unbroken or monotonous.
a.
In multifamily (RM) or commercial zones, selections from among the following or similar features are appropriate
for dealing with this criterion:
i.
Windows with architectural fenestration;
ii.
Multiple rooflines or forms;
iii.
Architecturally detailed entries;
iv.
Appropriate landscaping;
v.
The use of multiple materials;
5.
All signs should conform to the general design theme of the development.
B. Site Treatment.
The existing character of the site and the nearby area should be the starting point for the design of the
building and all site treatment. The following are elements of site treatment:
1.
Grading, vegetation removal and other changes to the site shall be minimized where natural beauty exists. Large cut and
fill and impervious surfaces should be avoided.
2.
Landscape treatment shall be provided to enhance the building design and other site improvements.
3.
Landscape treatment shall be provided to buffer the development from surrounding property where conflict may result,
such asparking facilities near yard spaces, streets or residential units, and different building heights, design or color.
4.
Landscaping that could be damaged by pedestrians or vehicles should be protected by curbing or similar devices.
5.
Service yards, and other areas where trash or litter may accumulate, shall be screened with planting or fences or walls
which are compatible with natural materials.
6.
All screening should be effective in the winter as well as the summer.
7.
Materials such as wood, brick, stone and gravel (as opposed to asphalt or concrete) may be substituted for planting in
areas unsuitable for plant growth.
8.
Exterior lighting shall be the minimum necessary for safety and security. Excessive brightness shall be avoided. All
lighting shall be low-rise and directed downward onto the site. Lighting standards and patterns shall be compatible with the
overall design theme.
The building is only 15 feet wide by 23 feet long, so the walls are not massive to begin with. The
mechanical equipment proposed is the speaker for ordering, and that is hidden from view on the north
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side of the building. No specific signage is proposed at this time. All new wall or freestanding signs
require a sign permit from the Building Division. No grading is proposed and the existing surface is
impervious pavement so there is no increase in impervious area. The landscaping proposed will be
protected by curbing and will serve to enhance the design of the building. No new lighting is shown;
existing lighting is shown, which is likely adequate \[ATTACHMENTS 3 and 4\]. Staff feels that the
proposal is consistent with ECDC 20.21.
CHAPTER 20.13 ECDC – LANDSCAPING REQUIREMENTS
G.
There is some landscaping provided onsite in the existing landscaping beds \[ATTACHMENT 3\] and
some existing trees around the perimeter of the site which aide in
screening and buffering between adjacent properties. This
proposal includes the addition of some new landscaping (“Otto
Luyken Laurel”, “Red Japanese Maple” and “PJM
Rhododendron” as depicted
in the sample images, inset.
Otto LukenLaurel
y
ECDC 20.13.020.C states
that existing vegetation that
contributes to the
attractiveness of the site
should be retained. The
JM Rhododendron
P
application proposes to
install a new curb around the building to surround and protect the
new plants near the edge of the
building. Once the project is
complete, the site should look
better than the existing conditions. Requiring full compliance with
ECDC 20.13 (installing landscape buffers around the entire perimeter of
Red Jaanese Male
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the site) is unnecessary due to the small increase in building footprint as
well as the fact that the site has been used as a gas station for many
years so it already has some perimeter landscaping. Also, all adjacent
properties are similarly zoned. ECDC 20.13.025.B discusses
foundation planting and states, “trees and shrubs should soften the
building elevation and soften the transition between the pavement and
the building” and “plantings may be informal or formal
arrangements.” The new landscaping proposed accomplishes these goals. Staff feels that the proposal is
consistent with the intent of Chapter 20.13 ECDC.
COMPREHENSIVE PLAN
H.
There are several goals and policies provided in the Edmonds Comprehensive Plan. Applicable
Commercial Land Use goals from page 72 include:
B.4. 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.
The Engineering Division reviewed the queuing for this proposal and found it to be consistent with their
codes and requirements (which will again be checked during the building permit review process).
Customers approaching the espresso stand in their cars appear to have adequate room to circle the
building and exit onto the highway.
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Applicable Urban Design goals from pages 90-98 include:
C.2.d. Provide direct pedestrian access from street, sidewalk, and parking.
C.9.b. Protect shoppers and residents from rain or snow.
C.10.a. Provide adequate illumination in all areas used by automobiles, bicycles and
pedestrians, including building entries, walkways, parking areas, circulation areas and
other opens spaces to ensure a feeling of security.
D.2.a. Encourage human scale elements in building design.
D.2.b. Reduce bulk and mass of buildings.
E.1.a. Ensure diversity in design (of building facades).
No striped pedestrian access is provided from the street for safety reasons – only vehicles may access the
window. There may be a need for a striped lane providing pedestrians safe access to the convenience
store, though. Striping for pedestrian safety is a standard condition imposed during the design review
process. This has been added as a recommended condition of approval. The elevations indicate an
awning over the drive-through window so that shoppers are protected from the elements. The building is
“human scale” in that it is narrow and small in comparison to the other structures on site (280 square foot
building footprint compared with a 1,800 square foot convenience store and 1,430 square foot gas station
island. There are two existing pole lights shown on the site plan in the vicinity of the new building, so
lighting should be adequate. The plants proposed are low thus reinforcing the “human scale” of the
development. The building façade is diverse in that it makes use of various materials including stucco,
deco metal, and a metal canopy \[ATTACHMENT 4\]. With conditions, staff feels that the proposal is
consistent with the intent of Comprehensive Plan.
CHAPTER 20.05 ECDC – CONDITIONAL USE PERMITS
I.
Chapter 20.05.010 ECDC 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
of the findings in this section can be made.” The findings are as follows:
1.
That the proposed use is consistent with the Comprehensive Plan.
See section II.H of this report for a discussion on consistency with the Comprehensive Plan. Staff feels
the proposal is indeed consistent with several goals and policies listed in the Comprehensive Plan.
2.
That the proposed use, and its location, is consistent with the purposes of the zoning ordinance
and the purposes of the zone district in which the use is to be located, and that the proposed use
will meet all applicable requirements of the zoning ordinance.
Drive-through espresso stands are a permitted use in the BC zone if a conditional use permit is first
obtained. See section II.C and II.E of this report for a discussion on how the proposal appears to meet the
bulk zoning standards as well as the off-street parking requirements. If the CU is granted, then the use
and its location will be consistent with the zoning ordinance.
3.
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.
With a gas station and convenience store, the site already receives customers who remain on the property
for a short duration. The espresso stand is in keeping with this style, as cars queue up around the building
and drive out onto the highway. There was a temporary espresso stand building (which falls under
another set of regulations) a few years ago and no known issues were reported or noted in the City’s
permit tracking database. Issues that commonly come up with drive-throughs or espresso stands include
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(1) the noise of the speaker, (2) queuing of cars, (3) hours of operation, and (4) pedestrian striping to
ensure a safe walk area between the sidewalk and the buildings. In this case, we need to find out more
about the speaker to help ensure that the noise generated from the speaker does not affect neighboring
properties. The Engineering Division conducted a preliminary review of the queuing of the cars and is
satisfied with the site plan. The hours of operation are unknown. No pedestrian striping is shown. It is
unknown how employees of the espresso stand can safely access the convenience store and the sidewalk,
and it is unknown how pedestrians can safely travel from the sidewalk to the convenience store. The
applicant should be prepared to discuss and explain the above four potential impacts resulting from this
proposal so that the Hearing Examiner can effectively generate conditions that would mitigate any
adverse impacts. Conditions of approval were recommended that address these issues should they not be
resolved during the public hearing process.
4.
The hearing examiner shall determine whether 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 may require that it be recorded in the form of a covenant with the
Snohomish County 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.
Staff sees no reason why the permit should not run with the land and the conditional use permit be
“transferrable” to future ownsers. Several other drive-through espresso stands have been permitted over
the years (for example, file CU-2005-167 “Corner Coffee Café” in the BC zone and file CU-2005-47
“Covey’s Coffee in the BN zone) and these conditional use permits are transferrable to future owners on
the same site. Allowing the proposal to become transferrable is a recommended condition of approval.
With conditions, this project is consistent with ECDC 20.05.
TECHNICAL COMMITTEE
J.
Recently, the City amended its traffic impact fee collection code. In the past, applicants were required to
submit a Traffic Impact Analysis (TIA) worksheet so that the Engineering Division could determine what,
if any, traffic impacts and fees would be involved. Now, this review is conducted during the building
permit review. Also, a flat calculation for espresso stands was added to the impact fee matrix. So, the
Engineering Division noted that they “will complete full project review with building permit” and “traffic
impact fees shall be paid at building permit issuance” \[ATTACHMENT 7\]. A TIA is included but will
not be reviewed by the Engineering Division until the building permit has been applied for
\[ATTACHMENT 8\]. So, there are no outstanding issues from other reviewing bodies – it is known that
the Development Services Department (Planning/Engineering/Building) will conduct a through review
once the building permit has been applied for.
PUBLIC CONCERNS
K.
To date, no written public comments have been received. Public comments will be received up until the
close of the public hearing.
III.CONCLUSIONS
The proposal should be approved as the review process complies with Chapters 20.01 (permit
A.
types) and 20.02 (noticing provisions) ECDC – see sections II.A and II.B of this report.
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The proposal should be approved as it appears to be consistent with the development and site
B.
standards in Chapters 16.50 (zoning) and 17.50 (parking) ECDC – see sections II.C and II.E of
this report.
Some impacts are unknown and include the potential for loudspeaker noise to spill onto adjacent
C.
properties, unknown pedestrian paths of travel, and hours of operation. Pedestrians should be
able to safely walk from the sidewalk to the convenience store and employees of the espresso
stand should be able to safely walk from the espresso stand to the convenience store and
sidewalk. With conditions that could mitigate any potential adverse impacts, the proposal should
be approved because it appears to comply with Chapter 20.05 ECDC (conditional use permits) –
see section II.I of this report.
The proposal is sited over 100 feet from the top of the slope, so it does not appear additional
D.
geotechnical requirements for critical areas (geologically hazardous areas) would be imposed
from Title 23 ECDC – see section II.D of this report.
The proposal should be approved because it is consistent with Chapter 20.11 ECDC (general
E.
design review) – see section II.F of this report.
The proposal should be approved because it is nearing closer to consistency with Chapter 20.13
F.
ECDC (landscaping) – see section II.G of this report.
The proposal appears to be consistent with the Comprehensive Plan. See section II.H of this
G.
report.
IV.RECOMMENDATION
The owner and applicant should be aware that they must apply for and obtain all necessary permits, and
that this application is subject to the requirements in the Edmonds Community Development Code and
Edmonds City Code. It is up to the owner and applicant to ensure compliance with the various provisions
contained in these ordinances. Also, please note that the City Clerk’s office requires a business license
for all new businesses in Edmonds.
Based on the findings, analysis, conclusions, and attachments to this report, staff recommends that the
APPROVEGREEN BEAN
Hearing Examiner both the design and the conditional use permit for the
JAVA ESPRESSO STAND, FILE PLN20100029
with the following conditions:
1.
The conditional use permit should be transferrable to future owners and run with the land.
2.
Hours of operation should be considered to be limited so that the ordering speaker does not
disrupt adjacent properties, unless the applicant can demonstrate that it will not be an issue.
3.
Pedestrian striping should be shown on the site plan and installed so that pedestrians have a
clear safe path of travel from the sidewalk to the convenience store and from the convenience
store to the espresso stand.
V.PARTIES OF RECORD
Ki Nam, RA, AIA – 29605 Military Road South, Federal Way WA 98003.
A.
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Chong S. (“Larry”) Pak – 8315 South 212 Street, Kent WA 98032.
B.
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Edmonds Development Services Department – 121 5 Avenue North, Edmonds WA 98020.
C.
VI.ATTACHMENTS
1.
Zoning / Vicinity Map
2.
Land Use Application
3.
Site Plan
4.
Elevations
5.
Criteria Statement
6.
Public Notice
7.
Technical Committee Memo
8.
Traffic Impact Analysis
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