StaffReport+Attachments.pdfCITY OF EDMONDS
121 - 5TH AVENUE NORTH, EDMONDS, WA 48020
PLANNING DIVISION ADVISORY REPORT
FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS
To: Ron McConnell, FAICP — Hearing Examiner
From: 41A' il"
Gina Coccia
Planner
Date: OCTOBER 26, 2006
File: CU -2006-121
PAGLIACCI PIZZA (EXTENDED HOURS OF OPERATION)
Hearing Date, Time, and Place: November 2, 2006 at 3:00 P.M.
Council Chambers
Edmonds Public Safety Complex
250 -5th Avenue North
TABLE OF CONTENTS
Section Page
I. INTRODUCTION.................................:.................................................................................................I..... 2
A. APPLICATION.......................................................................................................................................... 2
B. RECOMMENDATIONS.............................................................................................................................. 2
II. FINDINGS OF FACT AND CONCLUSIONS...........................................................................................2
A. SITE DESCRIPTION.................................................................................................................................. 2
B. EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) COMPLIANCI.................................................... 3
C. EDMONDS COMPREHENSIVE PLAN COMPLIANCE.................................................................................... 5
D. TECHNICAL COMMITTEE........................................................................................................................ 6
E. PUBLIC COMMENTS................................................................................................................................ 6
III. RECONSIDERATION AND APPEALS..................................................................................................... 6
A. REQUEST FOR RECONSIDERATION.......................................................................................................... 7
B. APPEALS OF CONDITIONAL USE PERMITS............................................................................................... 7
C. TIME LIMITS FOR RECONSIDERATION AND APPEALS............................................................................... 7
IV. NOTICE TO THE COUNTY ASSESSOR................................................................................................. 7
V. LAPSE OF APPROVAL. FOR THE CONDITIONAL USE PERMIT....................................................7
VI. ATTACHMENTS......................................................................................................................................... 7
VII. PARTIES OF RECORD............................................................................................................................... 7
Pagliacci Pizza (Extended Hours of Operation)
File No. CU -06-I21 • Page 2 of 7
I. INTRODUCTION
The applicant would like to operate the existing Pagliacci Pizza business until midnight on Friday and
Saturday nights. The Neighborhood Business (BN) zone has restricted hours of operation, from 6:00 am —
11:00 pm, unless a conditional use permit is first approved. The applicant has applied for a conditional use
permit to allow them to remain open for an extra hour on Friday and Saturday evenings. They will comply
with the regular BN zone hours of operation Sunday through Thursday. The following is the Edmonds
Planning Division's analysis and recommendation of the applicant's submittal.
A. Application
1. Applicant: Scott France, Controller of Edmonds Delivery Kitchen, LLC, doing business as
Pagliacei Pizza (Attachment 2).
2. Site Location. 10200 Edmonds Way, Edmonds (Attachment 1).
3. Request: A Conditional Use Permit to allow extended hours of operation in the Neighborhood
Business (BN) zone,
4. Review Process: Conditional Use Permit — Hearing Examiner conducts a public hearing and
makes the final decision.
5. Major Issues;
a. Compliance with Edmonds Community Development Code (ECDC) Chapter 16.45
(NEIGHBORHOOD BUSINESS).
b. Compliance with Edmonds Community Development Code (ECDC) Chapter 20.05
(CONDITIONAL USE PERMITS).
c. Compliance with the City of Edmonds Comprehensive Plan.
B. Recommendations
Based on Findings of Fact, Conclusions in, and Attachments to this report we recommend
APPROVAL of the Conditional Use Permit for the proposed extended hours of operation with the
following conditions:
1. The hours of operation shall be limited to between 6:00 am - 12:00 am (midnight) on Friday
and Saturday, as requested. The hours of operation on Sunday through Thursday shall comply
with the regular BN zone requirements (6:00 am - 11:00 pm).
2. This application is subject to the applicable requirements contained in the Edmonds
Community Development Code (ECDC). It is the responsibility of the applicant to ensure
compliance with the various provisions contained in these ordinances.
3. The permit shall be transferable.
II. FINDINGS OF FACT AND CONCLUSIONS
A. Site Description
1. Site Development, Neighboring Development, And Zoning:
a) Facts:
(1) In: The subject property is on the corner of Edmonds Way and 102nd Place West.
It is roughly rectangular in shape and approximately 0.34 acres in size. The applicant
is not proposing to expand the existing building footprint.
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(2) Land Use: The property is currently developed with an existing Pagliacci Pizza
restaurant that remains open until 11:00 to comply with the BN zone. The applicant
feels there is a need to remain open for an additional one hour on Friday and
Saturday nights, which requires an approved conditional use permit (Attachment 3
and 4).
(3) Zonin : The zoning of the subject property is Neighborhood Business (BN)
(Attachment 1).
(4) Terrain and Vegetation. The subject property is fairly level and is covered almost
entirely with impervious surface and some new landscaping beds along the street
frontage. The property sits at the bottom of a slope, with a new commercial building
being constructed adjacent to it uphill.
2. Surrounding Development and Zoning:
a) Facts:
(1) The neighborhood is a mix of commercial and residential.
(2) The properties across Edmonds Way to the north and west are commercial and are
zoned Planned Business (BP). The properties to the south and east are commercial
and are zoned Neighborhood Business (BN). Up the hill at 102°4 Place West is a
residential neighborhood that is zoned Single Family Residential (RS -8) and is
developed with single family homes (Attachment 1).
B. Edmonds Community Development Code (ECDC) Compliance
1. ECDC Chapter 16.45: Neighborhood Business (BN)
a) Facts:
(1) Businesses open to the public between the hours of 11:00 pm - 6:00 am are a primary
use requiring a Conditional Use Permit pursuant to ECDC 16.45.010.03
(2) The applicant is requesting to stay open only one additional hour from 11:00 pm until
midnight on Friday and Saturday.
(3) The applicant has an existing restaurant business, Pagliacci Pizza, that complies with
the regular BN zone hours of operation.
(4) The existing structure received ADB approval in 2005 (ADB -2004-0136) and a
Building Permit was later issued for the restaurant (BLD -2005-0551).
(5) The applicant is not proposing to alter the existing structure.
b) Conclusions:
(1) The applicant has requested that the hours of operation for the restaurant business
remain open one additional hour on Friday and Saturday nights from 11:00 until
midnight. If approved, the conditional use permit would meet the requirements of
ECDC 16.45.
(2) Compliance with Chapter 20.05 is required to allow the establishment of the above-
mentioned primary uses in this zone, if a Conditional Use Permit is granted, then the
uses will be consistent with the Edmonds Community Development Code Section
16.45.010,
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2. ECDC Chapter 20.05: Conditional Use Permits
a) Facts:
(1) ECDC Section 20.05 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 the findings in this section can be made." The findings
are as follows:
• Comprehensive Plan - The proposed use is compatible with the Comprehensive Plan.
• Zoning Ordinance - That the proposed use, and its location, is consistent with the
purposes of the Zoning Ordinance and the purpose of the zone district in which the
use is to be located, and that the proposed use will meet all the applicable
requirements of the Zoning Ordinance.
• 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.
• Transferability -The Hearing Examiner shall determine whether the conditional use
permit shall run with the land or shall be personal.
(2) The applicant has submitted declarations addressing how this proposal meets the
above criteria (Attachment 3).
(3) The Comprehensive Plan designates this area as "Planned Business /Neighborhood
Business" and it is located in the "Westgate Corridor."
(4) The proposed extended hour of operation would provide the neighborhood with the
opportunity to order from the restaurant an additional hour on Friday and Saturday
nights (Attachment 3).
(5) The Edmonds Community Development Code allows extended hours of operation as
a permitted primary use requiring an approved conditional use permit.
(6) No neighbors have raised concerns regarding the proposed hours of operation.
(7) Although there were no concerns raised, it is possible that one of the concerns could
be additional noise (Attachment 3). The noise that will be generated by the proposed
extended hours of operation is minimal and is subject to the noise ordinance in
Edmonds Community Code Title 5.30 (Noise Abatement and Control).
b) Conclusions:
(1) See Section II.C. of this report for a discussion on consistency with the
Comprehensive Plan for the City of Edmonds.
(2) See Section II.B.1-5 of this report for a discussion on consistency with the criteria
given in the Zoning Code of the City of Edmonds. If the proposed Conditional Use
Permit is approved, the hours of operation will be consistent with the Zoning
Ordinance.
(3) The noise that will be generated by the proposed extended hours of operation is
minimal (Attachment 3) and is subject to the noise ordinance in the Edmonds
Community Code Title 5.30 (Noise Abatement and Control).
(4) Staff finds no reason why the permit should not be transferable.
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3. ECDC Chapter 20.15A: Environmental Review
a) Fact:
(1) Modifications to buildings exempt from SEPA review does not require SEPA review.
b) Conclusion:
(1) The applicant and the City have complied with the requirements of ECDC 20.15A.
4. ECDC Chapter 23.40: Critical Areas
a) Fact:
(1) A Critical Areas Determination has been conducted for this site. A "waiver" from
Critical Areas study requirements was issued under file number CRA -1999-0095.
(2) The applicant is not proposing to change anything on the exterior of the existing
building or site and therefore this action is not subject to Critical Areas chapter
review.
b) Conclusion:
(1) The applicant and the City have complied with the requirements of ECDC Chapter
23.40.
C. Edmonds Comprehensive Plan Compliance
1. Planned Business 1 Neighborhood Commercial & Westgate Corridor
a) Facts-,
(1) The Comprehensive Plan designates the subject property as "Planned Business /
Neighborhood Business" and it is more specifically located in the "Westgate
Corridor."
(2) The site fronts on two streets. Edmonds Way is designated as a "Principal Arterial,"
while 102"d Place West is designated as a "Local Street" on the City's Roadway
Classification map.
(3) The City of Edmonds Comprehensive Plan lists goals for the Westgate Corridor. It
states: "The Westgate Corridor is generally located between the 100"' Avenue West
(9'h Avenue South)/Edmonds Way intersection and where Edmonds Way turns north
to enter the downtown area. By virtue of this location, the corridor serves as both a
key transportation corridor and as an entry into the downtown. Long-established
neighborhoods lie near both sides of the corridor. The plan for this corridor is to
recognize its multiple functions by providing opportunities for small-scale businesses
while promoting compatible development that will not intrude into established
neighborhoods."
E.1. "Development within the Westgate Corridor should be designed to recognize its
role as part of an entryway into Edmonds and the downtown. The overall effect
should be a corridor that resembles a landscaped boulevard and median. The
landscaped median along SR -104 should remain as uninterrupted as possible in
order to promote traffcflow and provide an entry effect. "
E.2. "Permit uses in planned business areas that are primarily intended to serve the
local neighborhood while not contributing significantly to traffic congestion. "
E.3. "Provide for transit and pedestrian access to development. "
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Pagliacci Pizza (Extended Hours of Operation)
File No. CU -06-121 • Page 6 of 7
E.4. "Use design review to encourage the shared or joint use of driveways and
access points by development along SR -104 in order to support the movement of
traffic in a safe and efficient manner. Site access shall not be provided from
residential streets unless there is no feasible alternative. "
E.5. "Use design review to ensure that development provides a transition to adjacent
residential neighborhoods. For uses in transitional areas adjacent to single
family neighborhoods, use design techniques such as the modulation offacades,
pitched roofs, stepped -down building heights, multiple buildings, and
landscaping to provide designs compatible with single family development. "
(4) This site is designated commercial on both the Zoning Map and the Comprehensive
Plan Map.
(5) The site has been recently developed, and access to the site is available off 102"1
Place W and Edmonds Way. There are no changes proposed to the existing access
points or SR -104 (Edmonds Way), there are no proposed changes to transit or
pedestrian access, or to the building.
(6) If able to remain open an additional hour, the restaurant will be able to provide
services to the surrounding residential land uses. This extra hour will be at night
when there is little traffic on the road, so it is not anticipated to add to any congestion
(Attachment 3).
b) Conclusions:
(1) The proposed extended hours of operation will not adversely impact the surrounding
neighborhood and are generally consistent with the Land Use designation of the
Comprehensive Plan for its location.
(2) The land use will not change the principles of the Neighborhood Commercial
Policies noted above.
D. Technical Committee
1. The proposed Conditional Use Permit has been reviewed and evaluated by the City's Fire
Department, Engineering Division, Parks and Recreation Department, and the Public Works
Department.
2. No comments from the Technical Committee were received.
E. Public Comments
1. Letters Received
a) As of this date, the City has not received any comment letters regarding this application.
III. RECONSIDERATION AND APPEALS
The following is a summary of the deadlines and procedures for filing reconsiderations and appeals. Any
person wishing to file or respond to a recommendation or appeal should contact the Planning Department
for further procedural information.
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Pagliacci Pizza (Extended Hours of Operation)
File No. CU -06-121 • Page 7 of
A. Request for Reconsideration
Section 20.100.010.G allows for the Hearing Examiner to reconsider his decision or
recommendation if a written request is filed within ten (10) working days of the date of the initial
decision by any person who attends the public hearing and signs the attendance register and/or
presents testimony or by any person holding an ownership interest in a tract of land which is the
subject of such decision or recommendation. The reconsideration request must cite specific
references to the findings and/or the criteria contained in the ordinances governing the type of
application being reviewed.
B. Appeals of Conditional Use Permits
Section 20.105.020.A & B describe how appeals of a Hearing Examiner decision or
recommendation shall be made. The appeal shall be made in writing, and shall include the
decision being appealed along with the name of the project and the date of the decision, the name
of the individual or group appealing the decision, their interest in the matter, and reasons why the
appellant believes the decision to be wrong. The appeal must be filed with the Community
Development Director within fourteen (14) calendar days alfier the date of the decision being
appealed.
C. Time Limits for Reconsideration and Appeals
The time limits for Reconsiderations and Appeals run concurrently. If a request for
reconsideration is filed before the time limit for filing an appeal has expired, the time "clock" for
filing an appeal is stopped until a decision on the reconsideration request is completed. Once the
Hearing Examiner has issued his decision on the reconsideration request, the time clock for filing
an appeal continued for the point it was stopped. For example, if a request is filed on day 5 of the
appeal period, an individual would have 9 more days in which to file an appeal after the Hearing
Examiner issues his decision on the reconsideration request.
IV. NOTICE TO THE COUNTY ASSESSOR
The property owner may as a result of the decision rendered by the Hearing Examiner request a change in
the valuation of the property by the Snohomish County Assessor's Office,
V. LAPSE OF APPROVAL FOR THE CONDITIONAL USE PERMIT
Section 20.05.020.0 states'Unless the owner obtains a building permit, or if no building is required,
substantially commences the use allowed within one year from the date of approval, the conditional use
permit shall expire and be null and void, unless the owner files an application for an extension of the time
before the expiration date.'
VI. ATTACHMENTS
1. Vicinity Map.
2. Land Use Application.
3. Applicant's Declarations.
4. Hours.ofOperation.
VII. PARTIES OF RECORD
Erna Mueller or Scott France Dr. Samuel Browning Planning Division
Pagliacci Pizza 1621 NW 185th Street
423 East Pike Street Shoreline WA 98177
Seattle WA 98122
StaffReport_CU-06-121.doc • October 26, 2006
city of edmonds
land use appiicatibn
Cl ARCHITECTURAL DESIGN REVIEW
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❑ STREET VACATION
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E-MAIL ADDRESS FAX #
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DESCRIPTION OF PROJECT OR PROPOSED USE
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. APPLICANT PCAQ U C4 -i Pi 4ZQ— _ _ PHONE # -�90 61a10 1)L " 616
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The undersigned applicant, and his/her/its heirs, and assigns, in consideration on the processing of the application
agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including
reasonable attorney's fees, arising from any action or infraction based in whole or part upon false, misleading,
inaccurate or incomplete information furnished by the applicant, his/her/its agents or employees.
By my signature, I certify that the information and exhibits herewith submitted are true and correct to the best of my
knowledge and that i am authorized to rile this
,application
.notthe,behalf of tha owner as listed below.
SIGNATUREOFAPpLICANTIAGf/C
BNT l �Ll�) LUAZ _1
Property Owner's Authorization
By my signature, I certify that I have authorized the above Applicant/Agent to apply for the subject land use
application, and grant my permission forth �u,,�ncomca,.,d the staff of the City of Edmonds to enter the subject
propertyfothepurposes of in ection andpthis application,
SIGNATUREOFOWNE DATE /7 -
This app kation form was revised on 1/27/00. To verify whether it is still current, call (425) 771-0220.
'L:ILIBRARY4FLANNINGTor & Handoctsftblic Hai]dwtslt% d Use Appliculmdoe
Attachment 2
Land Use Application
City of Edmonds,
July 215`, 2006
PAGiIACCI PIZZA
423 East Pike Street
Seattle, WA 98122
Phone 206.652.0817 • Fax 206.652.0808
_ERY
206.726.1717 0 425.453J717
Viva 06www.pagliacci.com
Ref. Permit for extension of business hours from. 11: pm to 12: am
To Whom It May Concern:
Our Edmonds Delivery Kitchen LLC., dba: Pagliacci Pizza, wishes to extend their
business hours from 11: pm until 12: am. The majority of our stores in the Seattle area
and the Eastside are open until 12: am.
Having our Edmonds Store close their doors at 12: am instead of 1.1: pm will not disturb
the surrounding businesses or residential area. Business is conducted in a quiet fashion
and only delivery drivers with safe driving records are hired. The drivers are instructed
to take off with the least bit of noise - no screeching tires or loud mufflers - and we have
never had a complaint from our customers to the contrary.
The city of Edmonds will not regret granting us this permit and the night owl pizza lovers
will have one hour more to satisfy their pizza cravings.
/Sincery,
ance
Controller
Serving Seattle's Favorite Pizza Since 1979
Named One of the Best Pizza Places in America By Bon Appetit Magazine Attachment 3
Applicant's Declarations
Page 1 of 1
Coccia, Gina
From:
Scott France [scott@pagliacci.com]
Sent:
Friday, September 29, 2006 2:59 PM
To:
Coccia, Gina
Cc:
Erna Mueller; Matt Galvin
Subject:
Conditional Use Permit
Follow Up Flag: Follow up
Flag Status:
Flagged
Hi Gina,
I just received your letter and look forward to the hearing on Thursday, November 2nd at 3:00pm. One of us will
certainly be there. How long do these normally last? I also noticed you asked for clarification on which days we
would like to stay open until midnight. We only want to be open until midnight on Friday and Saturday. The
rest of the days we close at 11:00 pm. Thanks for all your assistance in getting this completed.
Sincerely,
Scott France
Pagliacci Pizza
9/29/2006
Attachment 4
Hours of Operation