StaffReport_PLN20100066+Attachments_small.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
REPORT & RECOMMENDATION TO THE HEARING EXAMINER
Project:
Scott’s Bar & Grill Outdoor Dining CUP
File Number:
PLN20100066
Date of Report:
December 28, 2010
From:
____________________________
Gina Coccia, Associate Planner
Public Hearing:
January 6, 2010 at 3:00 P.M.
Edmonds Public Safety Complex: Council Chambers
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250 - 5 Avenue North, Edmonds, WA 98020
I.SUMMARY OF PROPOSED ACTION:
Scott’s Bar & Grill currently has a 5480 square foot one-story building restaurant building. They have
applied for a building permit (BLD20100657) to re-design the parking lot, add a retaining wall, add
landscaping, and to create a 1025 square foot outdoor dining area. Outdoor dining is permitted outright in
the General Commercial (CG) zone; however, the amount of outdoor dining proposed requires a
conditional use permit. ECDC 17.75.020 allows outdoor dining as a primary use in the CG zone,
however it requires a conditional use permit whenever the outdoor seating exceeds 10% of the existing
interior seating. Scott’s currently has 290 existing indoor seats and proposes to add 64 outdoor seats (or,
22% of the existing interior seating). The instant proposal is to allow the outdoor seating use – design
review will be conducted with the building permit as per the applicant’s request. The applicant should be
aware, however, that the design of the outdoor seating area may change in order to comply with the
various other provisions of the code, such as landscaping and parking lots. Floor plans and a site plan, as
well as elevations are attached to this report. The following is staff’s analysis on the project.
II.GENERAL INFORMATION:
1.Owner:
Cesar Casasbeaux of Restaurants Unlimited (Scott’s Bar & Grill).
2.Applicant:
Craig Hanway of Comprehensive Architecture (Attachment 2).
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3.Location:
8115 244 Street SW, Edmonds WA 98026 (Attachment 1).
4.Tax Parcel Number:
00491100001505 (Attachment 4).
5.Zoning:
General Commercial (CG), subject to Chapter 16.60 ECDC.
Scott’s Bar & Grill Outdoor Dining CUP
File No. PLN20100066
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6.Lot Size:
0.93 acres.
7.Request:
The applicant is seeking conditional use permit approval for outdoor dining.
:
8.Review ProcessThe Hearing Examiner shall review and decide on conditional use permit
applications as Type III-B decisions as set forth in ECDC 20.01.003. Design review will be
conducted with the building permit, per the applicant’s request. It is anticipated that the site layout
will change during the building permit process in order to meet various codes (landscaping, parking,
etc.) so the Hearing Examiner will decide strictly on the outdoor dining use request.
9.Major Issues:
a.
Compliance with ECDC 16.60 General Commercial (CG).
b.
Compliance with ECDC 17.75 Outdoor Dining.
c.
Compliance with ECDC 20.05 Conditional Use Permit Criteria.
10.Existing Use:
Commercially zoned restaurant building. There are currently no outdoor seats.
11.Proposed Use:
The addition of 64 outdoor seats to compliment the existing restaurant use.
III.SEPA THRESHOLD DETERMINATION:
Review under the State Environmental Policy Act (SEPA) is not required for a conditional use permit.
Both the City and the Applicant have complied with the SEPA requirements.
IV.PUBLIC HEARING NOTICE:
A Notice of Application and Public Hearing 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 and applicant has complied with
the noticing provisions in ECDC 20.03 (Attachment 8).
V.TECHNICAL COMMITTEE:
The application was reviewed and evaluated by Fire District #1, Engineering Division, Building Division,
Parks and Recreation Department, and the Public Works Department. Acknowledging that most of the
review will be conducted during the building permit phase of this project, there were no issues or
concerns with the proposed outdoor seating use.
VI.NEIGHBORHOOD CHARACTERISTICS:
This property is located in the General Commercial (CG) zone. The neighborhood surrounding the site
consists of commercial development and is situated in the “Highway 99 Corridor” just east of Highway
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99 and adjacent to Edmonds Way (SR-104) to the north. The site is accessed via 244 Street SW which
is considered a “Principal Arterial.” There is a bank and a retail store adjacent to this site, as well as a
small multi-family development further west near a car dealership. The site is on the King/Snohomish
County line just north of a Costco and Home Depot. This is considered an established commercial
neighborhood, and it was annexed into the City of Edmonds in 1961 (Attachment 1).
VII.COMPREHENSIVE PLAN:
Scott’s Bar & Grill Outdoor Dining CUP
File No. PLN20100066
Page 3 of 6
The Comprehensive Plan designation for this site is “Corridor Development” and is located within the
“Highway 99 Corridor” and “Hi-Rise Node.” The following excerpts from the 2009 Comprehensive
Plan are applicable:
B.6.
New development should be allowed and encouraged to develop to the fullest extent
possible while assuring that the design quality and amenities provided contribute to
the overall character and quality of the corridor. Where intense development adjoins
residential areas, site design (including buffers, landscaping, and the arrangement of
uses) and building design should be used to minimize adverse impacts on
residentially-zoned properties. (Page 64)
The Highway 99 arterial has been recognized historically as a commercial district which
adds to the community’s tax and employment base. Its economic vitality is important to
Edmonds and should be supported. Commercial development in this area is to be
encouraged to its maximum potential. (Page 71)
Utilizing the provision which allows for outdoor seating helps the restaurant develop to its fullest extent
possible. Design review will be conducted with the building permit, which will assure that there is plenty
of landscaping and screening.
VIII.PUBLIC CONCERNS:
To date, no public comments have been received.
IX.FINDINGS FROM THE EDMONDS COMMUNITY DEVELOPMENT CODE:
1.ECDC 16.50 General Commercial (CG) Zone
a.
As the most lenient commercial zone, the CG zone permits “… all permitted or conditional uses
in any other zone in this title, except as specifically prohibited by subsection (C) of this section or
limited by subsection (D) of this section.”
b.
Outdoor dining is not a prohibited use in the CG zone.
c.
Operating restriction in ECDC 16.60.040.A require all uses to be carried on entirely within a
completely enclosed building, except for (7) “Outdoor dining meeting the criteria of Chapter
17.75 ECDC.”
2.ECDC 17.75 Outdoor Dining
d.
Outdoor dining is a primary use requiring a conditional use permit in the CG zone for outdoor
seating which exceeds 10% of the existing interior seating in the establishment or eight seats,
whichever is greater. At a minimum, the conditions considered for imposition by the hearing
examiner may include a restriction on operating hours, location of the outdoor seating, and/or
buffering of the noise and visual impacts related to the outdoor dining seating. All seating
permitted pursuant to the conditional use permit shall be located outside of public rights-of-way.
If outdoor seating is approved under these provisions, no additional parking stalls shall be
required for the outdoor dining.
e.
Scott’s currently has 290 existing indoor seats and proposes to add 64 outdoor seats, which is
22% of the existing interior seating (Attachment 6).
f.
The seating is proposed outside of any public rights-of-way on the northwest side of the site
adjacent to the restaurant (Attachment 4). Due to screening and topography, the general location
of the seating area may not be visible from adjacent properties or uses.
Scott’s Bar & Grill Outdoor Dining CUP
File No. PLN20100066
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g.
Operating hours were provided by the applicant as follows: Monday – Thursday from 11:00 AM
– 10:00 PM, Friday from 11:00 AM – 11:00 PM, Saturday from 10:00 AM – 11:00 PM, and
Sunday from 10:00 AM – 10:00 PM (Attachment 3).
3.ECDC 20.05 Conditional Use Permits
a.
Pursuant to ECDC 21.15.090:
A conditional use means a use allowed in one or more zones as defined by the zoning
code but which, because of characteristics peculiar to such use, because of size,
hours of operation, technical processes or equipment, or because of the exact
location with reference to surroundings and existing improvements or demands upon
public facilities, requires a special permit in order to provide a particular degree of
control to make such uses consistent with and compatible with other existing or
permissible uses in the same zone or zones. Multiple uses or any combination of
uses, any of which require a conditional use permit, shall be allowed on a single lot
only upon the grant of a conditional use permit.
b.
Pursuant to ECDC 20.05.010, no conditional use permit may be approved unless all of the
following findings can be made:
1.
That the proposed use is consistent with the Comprehensive Plan.
The outdoor dining is a more intense use of the property, as encouraged within the Highway
99 Corridor designation for its economic benefits.
2.
Zoning Ordinance. 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.
It is anticipated that the layout may change through the building permit process in order to
comply with the various provisions of the code. The outdoor dining use, however, is
permitted in ECDC 16.50 and ECDC 17.75.
3.
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.
The outdoor seating area is shielded to the north by SR-104, to the east by the existing
restaurant building, and to the south by a long access driveway and parking lot (Attachment
4). The only neighbor that could feel an impact is the retail building to the west. ECDC
5.30.130 (Public Disturbance Noises) states that, “it is unlawful for any person knowingly to
cause or make … unreasonable noise which disturbs another… Public disturbance noises
shall include… Loud and frequent, repetitive or intermittently continuous sounds made by the
unamplified human voice or voices between the hours of 10:00 p.m. and 7:00 a.m.” The
restaurant hours are open Friday and Saturday until 11:00 PM – one hour into the public
disturbance noises section.
4.
Transferability. The hearing examiner shall determine wither 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 by used by a subsequent user of
the same property.
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File No. PLN20100066
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The applicant has requested that the conditional use be able to be transferred to future
property owners.
5.
The applicant has submitted a Criteria Statement (Attachment 3) briefly outlining how he
feels the proposal meets the above criteria. Staff generally agrees with the applicant’s
description and believes that, with conditions, the proposal would not be detrimental to the
surrounding area. That said, staff is concerned about the potential for adverse noise and
parking impacts generated from the outdoor seating area and recommends restrictions be
advised on the hours of outdoor operation.
X.CONCLUSIONS:
1.
The proposal is consistent with the Comprehensive Plan.
2.
The outdoor dining use is consistent with the Zoning Ordinance – specifically ECDC 16.50 (General
Commercial), ECDC 17.75 (Outdoor Dining) and ECDC 20.05 (Conditional Use). The development
standards, such as setbacks, height, and other sections of the code (parking lot layout, landscaping,
etc.) will be reviewed with the building permit and design review application.
3.
The proposal will not be detrimental, so long as the outdoor dining area is quiet by 10:00 PM.
4.
With conditions, the proposal should be transferrable.
XI.RECOMMENDATION:
Compliance with Engineering codes and construction standards will be reviewed with the building permit
It is the responsibility of the applicant to ensure compliance with the
application for development.
various provisions contained in the Edmond Community Development Code.
Staff believes that the requested outdoor dining use is consistent with the conditional use criteria for
approval listed in ECDC 20.05 as well as the outdoor dining code in ECDC 17.75, and the
Comprehensive Plan.
Based on the findings of fact, analysis, and the attachments to this report, staff recommends that the
APPROVEPLN20100066
Hearing Examiner conditional use permit file number with the following
conditions:
1.The number of seats provided in the outdoor seating area immediately west of the existing
restaurant may not exceed 64.
2.Design review shall be conducted with the building permit, so the layout and number of seats
may change in order to meet the applicable requirements contained in the Edmonds
Community Development Code.
3.Customers should not be seated in the outdoor dining area after 10:00 PM so as to comply with
the noise ordinance.
4.This conditional use permit shall be transferable to subsequent property owners.
XII.PARTIES OF RECORD:
1.Craig Hanway | Comprehensive Architecture
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1905 10 Avenue West, Seattle WA 98119
2.Cesar Casasbeaux | Restaurants Unlimited
1818 N. Northlake Way, Seattle WA 98103
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XIII.ATTACHMENTS:
1.
Zoning/Vicinity Map
2.
Land Use Application
3.
Criteria Statement
4.
Site Plan
5.
Elevations
6.
Seating Plan
7.
Photos
8.
Public Notice
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Zoning:
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8102
RS-8
8106
RM-3
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RM-1.5
CG
8115
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8105
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8201
244th Street SW / Lake Ballinger Way
City of
Shoreline
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Scott's Bar & Grill
Vicinity Map
Outdoor Seating CUP
File Number PLN20100066
010020030050Feet
Site: 8115 244th Street SW
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