Woodway Gas & Mart HE Decision on 061606.pdfIfnC.1 g9")
CITY OF EDMONDS
121 STH AVENUE NORTH • Edmonds, WA 98020 • (425) 771-0220 • FAX (425) 771-0221
HEARING EXAMINER
FINDINGS, CONCLUSIONS AND DECISION
OF THE HEARING EXAMINER
CITY OF EDMONDS
GARY HAAKRNSON
MAYOR
APPLICANT: Byung Kim/Woodway Gas & Mart (Exhibit A, Attachment 2).
CASE NO.: CU 06-25
LOCATION: 23726 100' Avenue West (Exhibit A, Attachment 1).
APPLICATION: A Conditional Use Permit to allow a convenience store and also to
allow a gas station with extended hours of operation in the
Neighborhood Business (BN) zone.
REVIEW PROCESS: Conditional Use Permit — Hearing Examiner conducts a public
hearing and makes the final decision.
MAJOR ISSUES:
a. Compliance with Edmonds Community Development Code
(ECDC) Chapter 16.45 (NEIGHBORHOOD BUSINESS).
b. Compliance with Edmonds Community Development Code
(ECDC) Chapter 17.50 (OFF-STREET PARKING
REGULATIONS).
c. Compliance with Edmonds Community Development Code
(ECDC) Chapter 20.05 (CONDITIONAL USE PERMITS).
d. Compliance with the City of Edmonds Comprehensive Plan.
SUMMARY OF RECOMMENDATION AND DECISION:
Staff Recommendation: Approve with conditions
Hearing Examiner Decision: Approve with conditions
PUBLIC HEARING:
After reviewing the official file, which included the Planning Division Staff Advisory Report,
and after visiting the site, the Hearing Examiner conducted a public hearing on the application.
The hearing on the application was opened at 3.03 pm. June 15, 2006, in the City Council
• Incorporated August I1, 1890 •
Sister City - Hekinan, Japan
Hearing Examiner Decision
Case No.: CUP 06-25
Page 2
Chambers, Edmonds, Washington, and closed at 3:05 pm. Participants at the public hearing and
the exhibits offered and entered are listed in this report. A verbatim recording of the hearing is
available. in the Planning Division.
HEARING COMMENTS-
The following is a summary o£the comments offered at the public hearing.
From the City:
Gina Caccia, Project Planner, entered the staff report into the record and noted that no new
information had been received after the staff report was prepared.
From the Applicant:
Byung Kin, Applicant, said he had read the staff report and the recommended conditions and
that he concurred with the report and would comply with the recommended conditions.
From the Community:
No one from the general public spoke at the public hearing.
FINDINGS OF FACT AND CONCLUSIONS:
A. SITE DESCRIPTION
1. Site Development, Neighboring Development, And Zoning:
a) Facts:
(1) Size. The subject property is roughly rectangular in shape, approximately 0.51
acres in size, and is surrounded on three sides by streets: 100 Avenue West, 238'
Street SW, and 101St Avenue W (Exhibit A, Attachment 1). The applicant is not
proposing to expand the existing building footprint.
(2) Land Use: The property is currently developed with an existing drive-in gas
station business and commercial garage. The commercial garage use has ceased,
and the applicant would like to use the first floor of the existing building as a
convenience store and use the second floor as an office area not available for
customers (Exhibit A, Attachment 5).
(3) Zoning: The zoning of the subject property is Neighborhood Business (BN)
(Exhibit A, Attachanent 1).
(4) Tgrrain and Vegetation: The subject property is fairly level and is covered
almost entirely -with impervious surface, with the exception of a few planters.
2. Surrounding Development and Zoning:
a) Facts:
(1) The neighborhood is a mix of commercial and residential.
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Case No.: CUP 06-25
Page 3
(2) The area to the north, east; and west is currently zoned RS -8 and is developed
with single-family homes (Exhibit A, Attachment 1).
(3) The area across the street to the south is zoned Neighborhood Business (BN) and
is developed with a dental clinic.
B. EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) COMPL ANCE
1, ECDC Chapter 16.45 (NEIGHBORHOOD BUSINESS)
a) Facts:
(1) Convenience Stores are a primary use requiring a Conditional Use Permit
pursuant to ECDC 16.45.010.C.4.
(2) Businesses open to the public between the hours of 11:00 PM and 6:00 AM is a
primary use requiring a Conditional Use Permit pursuant to ECDC 16.45.010.C.3
(3) Drive-in businesses (such as gas stations) are a primary use requiring a
Conditional use Permit pursuant to ECDC 16.45.010.C.2.
(4) The applicant has an existing drive-in gas station business.
(5) As noted above, the gas station use started in the County and is assumed to have
complied with County regulations, ECDC 17.40.010.6 states, "A legal use does
not become nonconforming because the zone in which it is. located is changed to a
zone district which requires a conditional use permit for the use. However, the use
may not be altered, as stated in subsection B of this section, without obtaining a
conditional use permit," The applicant has applied for a Conditional Use Permit
to alter the hours of operation.
(6) Pursuant to ECDC 16.45.020.A, the minimum setback requirements in the BN
zone are shown in the table below:
(7) The applicant is not proposing to alter the footprint of the existing structure.
(S) Pursuant to ECDC 16.45.020.A, the maximum height in the BN zone is 25 -feet.
(9) The applicant is not proposing to alter the height of the existing building.
(10) It is unknown if the previous business had the gas pumps open to the public after
hours.
(11) The former owner had apparently allowed commercial vehicles to be parked on
the site.
North
(side)
South
(street)
East
(street)
west
(street)
Required Setbacks
15 -feet
20 -feet
20 -feet
20 -feet
Proposed Setbacks
No Change
No Change
No Change
[No Change
(7) The applicant is not proposing to alter the footprint of the existing structure.
(S) Pursuant to ECDC 16.45.020.A, the maximum height in the BN zone is 25 -feet.
(9) The applicant is not proposing to alter the height of the existing building.
(10) It is unknown if the previous business had the gas pumps open to the public after
hours.
(11) The former owner had apparently allowed commercial vehicles to be parked on
the site.
Hearing Examiner Decision
Case No.: CUP 06-25
Wage 4
(12) Parking of vehicles unrelated to the site business is considered a commercial
parking lot, which requires a conditional use permit in the BN zone pursuant to
ECDC 16.45.020.D.2.
(13) Vehicles incidental to a permitted or conditional use permit could be allowed as
outdoor storage which is a secondary use thus requiring a conditional use permit,
subject to ECDC 16.45.020.D.1.
(14) Outdoor storage is not a permitted use in the BN zone. The applicant has stated
that there will not be any vehicle storage space rented at this site.
b) Conclusions:
(1) The applicant has applied for a Conditional Use Permit to allow a convenience
store as the primary use on the first floor of the existing building (while the
second floor would be used as office space for the applicant's business
bookkeeping, which will not be open to customers). 1f approved, the conditional
use permit would meet the requirements of ECDC 16.45.
(2) The applicant has requested that the hours of operation for the convenience store
will be from 6:00 am to 11:00 pm, which meet the BN zoning code requirements
for business hours of operation. However, the fuel pumps are capable of being set
so that they are accessible to the public outside through "pay -at -the -pump" fuel
purchases on a 24-hour basis. The applicant has not requested extended hours of
operation for the convenience store use however, the applicant has stated that in
the future he may wish to have the fuel pumps available to the neighborhood
customers between the hours of 11:00 pm and 6:00 am through. "pay -at -the -pump"
fuel purchases. If approved, the conditional use permit would meet the
requirements of ECDC 16.45.
(3) No commercial vehicles, trailers, or equipment unrelated to the operation of the
Gas & Mart shall be permitted to be parked or stored on the site.
(4) 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.
2. ECDC Chapter 17.50 (OFF-STREET PARKING REGULATIONS)
a) Facts:
(1) ECDC 17.50.0202 outlines the required off-street parking based on the area of
the use and the type of use. The table below outlines the parking required based
on the uses proposed:
Proposed Use Parking Area Required
Ratio Parking
Convenience Store (1ST floor) 1/300 sq ft 1008 sq 3.36
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Case No.; CUP 06-25
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Office with no customers (2°d 1/800 sq ft 360 sq ft
floor)
Total Off -Street Parking Required:
,f,J
4 (3.81) Spaces
(2) ECDC 17.50.020.B.9 would have required one space per 200 square feet for
commercial garages, the previous use.
(3) ECDC 17.50,020.13.1 requires one space per 300 square feet for convenience
stores.
(4) ECDC 17.50.020.13.5 requires one space per 800 square feet for offices not
providing on-site customer service.
(5) It appears that there is plenty of room to accommodate the four required parking
spaces, however this will be confirmed through building permit review.
(6) The applicant, though the Change of Use building permit application submitted to
the City for review, will be required to prove that there is sufficient onsite
parking for the uses proposed.
b) Conclusion:
(1) If the applicant can prove that there is sufficient parking onsite for the uses
proposed, then the proposal would meet the parking requirements in ECDC
Chapter 17.50.
3. ECAC § 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.
Hearing Examiner Decision
Case No.: CUP 06-25
Page 6
(2) The applicant has submitted declarations addressing how this proposal meets the
above criteria (Exhibit A, Attachment 6).
(3) The Comprehensive flan designates this area as "Neighborhood Commercial."
(4) The proposed convenience store and gas station would provide goods and services
to the surrounding neighborhood.
(5) The Edmonds Community Development Code allows convenience stores and
extended hours of operation as a permitted primary use requiring an approved
conditional use permit.
(6) ECDC § 21.15.092 defines a convenience store: "A convenience stare shall mean
a small retail commercial establishment which sells andlor rents a limited
selection and variety of perishable and nonperishable food items and grocery
related items, video cassettes and sundries which by their nature are geared
toward rapid customer turnover. [Ord. 2660 § 6, 1988]. "
(7) The proposal meets the definition of a convenience store.
(8) No neighbors have raised concerns regarding the proposed new land use.
(9) Typical concerns with conveniencestores may include increased littering, crime,
noise, lights, access, and overflow parking.
(10) No change to lighting or access has been proposed.
(11) Noise and crime is subject to Title 5 of the Edmonds City Code "Public Safety
and Morals."
(12) The submitted building permit will be reviewed by the City's Recycling
Coordinator to determine if the existing trash/recycling enclosure is sufficient
for the proposed new use. However, this is not intended to be used by patrons
so it would not discourage them from littering.
(13) A convenient trash receptacle located somewhere near the entry of the building
may deter customers from littering.
(14) The change of use to a convenience store may increase traffic and the need for
parking.
(15) A Traffic Impact Analysis has been submitted by the applicant and is being
reviewed by the City's Engineering Division.
(16) Based on the size of the site and the uses proposed, it appears that there would
be sufficient available parking onsite to accommodate the customers. However,
a formal parking plan has not yet been submitted to the City, which will be
required during Building Permit review.
b) Conclusions:
(1) See Section C of this report for a discussion on consistency with the
Comprehensive Plan for the City of Edmonds.
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Case No.: CUP 06-25
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(2) See Section 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 Convenience Store and Gas Station will be.consistent
with the Zoning Ordinance.
(3) The striped parking spaces and walkway, if required through building permit
review, will promote pedestrian activity.
(4) If the applicant provides a convenient trash receptacle somewhere near the entry
of the building for customers to dispose of their trash, this should reduce the
potential for littering and should help keep the site clean and reduce the potential
for detriment.
(5) Staff found no reason why the permit should not be transferable and the Hearing
Examiner concurs.
3. ECDC § 20.15A (Environmental Review)
a) Fact:
(1) Modifications to buildings exempt from SEPA review do not require SEPA
review.
h) Conclusion:
(1) The applicant and the City have complied with the requirements of ECDC
20.15A.
4. .ECDC § 23.40 (Critical Areas)
a) Fact:
(1) A Critical Areas Determination has not been conducted for this site.
(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) C¢nclusions:
(1) The applicant and the City have complied with the requirements of ECDC §
23.40.
(2) If any change is proposed to the landscaping or parking, the applicant will need to
apply for a Critical Areas Determination.
C. EDMONDS COMPREHENSIVE PLAN COMPLIANCE
1. Land Use
a) facts:
(1) The Comprehensive Plan designates the subject property "Neighborhood
Commercial."
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Case No.: CUP 06-25
Page 8
(2) The site fronts on three streets. 100 Avenue West is designated a "Minor
Arterial," while 23$'h Street SW and 101" Avenue West are designated "Local
Streets" on the City's Roadway Classification map.
(3) The City of Edmonds Comprehensive Plan has goals and policies stated in the
Land Use Element, under Commercial Land Use, which relate to the subject
proposal.
b) Conclusion:
(1) The proposed use is located in a commercial area on the Comprehensive Plan.
The proposed convenience store is a compatible land use given that
Comprehensive Plan designation.
2. Neighborhood Commercial
a) Facts:
(1) The City of Edmonds Comprehensive Plan lists goals for Commercial
Development. It states, "Commercial Development in Edmonds shall be located
to take advantage of its unique locational opportunities while being consistent and
compatible with the character of its surrounding neighborhood. All commercial
development should be designed and located so that it is economically feasible to
operate a business and provide goods and services to Edmonds residents and
tourists in an safe, convenient and attractive manner, in accordance with the
following policies:"
B.I. `A sufficient number of sites suited for a variety of commercial uses should
be identified and reserved for these purposes. The great majority of such
sites should be selected from parcels of land already identified in the
comprehensive plan for commercial use and/or zoned far such use. "
B.3. "The proliferation of strip commercial areas along Edmonds streets and
highways and the development of commercial uses poorly related to
surrounding land uses should be strongly discouraged. "
BA. "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. "
(2) This site is designated commercial on both the Zoning Map and the
Comprehensive Plan Map.
(3) The convenience store and gas station provide needed services to the surrounding
land uses.
(4) Access to the site is available off of 100"' Avenue (southbound) and also off of
23$'h Street SW — there are no changes proposed to the existing access points.
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Case No.: CUP 06-25
Page g
(5) The City of Edmonds Comprehensive Plan lists specific goals for Neighborhood
Commercial Areas. It states, "Neighborhood commercial areas are intended to
provide services and convenient shopping for local neighborhoods. They are
small in area and building scale (not more than two stories), with an emphasis on
pedestrian access for local residents." The following policies reflect this specific
commercial area:
D.I. "Neighborhood scale commercial development (convenience stores) should
be located at major arterial intersections and should be designed to
minimize interference with through traffic. "
D.2. "Permit uses in neighborhood commercial areas that are intended to serve
the local neighborhood Mixed use development should be encouraged
within neighborhood commercial areas. "
D.3. ".Provide for transit and pedestrian access, with the provision of facilities
for local automobile traffic. Provide for pedestrian connections to nearby
residential neighborhoods. "
D.A. "Provide. for the pedestrian -scale design of buildings that are two stories or
less in height and that contain architectural features that promote
pedestrian activity. "
(6) The proposed convenience store use is to provide services and convenient
shopping for the local neighborhood.
(7) The proposed convenience store is located on an arterial (I Oe Avenue West).
(8) The existing building is two stories in height and there are no proposed changes to
increase either the building footprint or the height of the building.
(9) Pedestrian activity will be promoted through the clear striping of parking stalls
and walkways, which will be required to be shown on the site plan through
building permit review.
(10) Noise is regulated in the City of Edmonds under Edmonds City Code chapter
5.30 (Noise Abatement Control).
b. Conclusions:
(1) The proposed convenience store use will not adversely impact the surrounding
neighborhood and is generally consistent with the Land Use designation of the
Comprehensive Plan for its location.
(2) The noise that will be generated by the proposed convenience store and existing
gas station is minimal and is subject to the noise ordinance in Edmonds
Community Code Title 5.30 (Noise Abatement and Control).
(3) The proposed convenience store and gas station with extended hours of operation
are compatible land uses and appears to meet the principles of the Neighborhood
Commercial Policies noted above,
Hearing Examiner Decision
Case No.: CUP 06-25
Page 10
(4) Parking lot striping will promote good pedestrian activity.
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. `The Engineering Division has requested a Traffic Impact Analysis due to the change -of -
use, which the applicant has submitted. No other comments from the Technical
Committee were received.
E. PU13LIC COMMENTS
1. Correspondence
The City did not receive any continent letters regarding this application.
DECISION:
Based upon the foregoing findings and conclusions, the request for a Conditional Use Permit for
the proposed new convenience store and extended hours of operation of the existing gas station is
approved, subject to the following conditions:
1. The hours of operation of the convenience store shall be limited to between 6:00 am and
11:00 pm to comply with Neighborhood Business (PN) zoning regulations.
2. The hours of operation of the gas station (fuel pumps) may remain open from 11:00 pm to
6:00 am for outside "pay -at -the -pump" gas purchases.
3. The applicant, through the building permit application for a Change of Use (Plan Check
#06-176), shall prove that there is sufficient off-street parking available for the proposed
land uses.
4. No commercial vehicles, trailers, or equipment unrelated to the operation of the Gas &
Mart shall be parked or stored on the site at any time.
5. 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.
6. A convenient trash receptacle shall be provided on-site near the entry of the building to
discourage the patrons from littering.
7. The permit shall be transferable.
Hearing Examiner Decision
Case No.: CUP 0625
Page 11
Entered this 16'h day of June 2006 pursuant to the authority granted the Hearings Examiner under
Chapter 20.100 of the Community Development Code of the City of Edmonds.
Ron McConnell, FAICP
Hearing Examiner
REC NSIDERATION AND APPEAL:
The following is a summary of the deadlines and procedures for filing reconsideration and
appeal. Any person wishing to file or respond to a recommendation or appeal should contact
the Planning Department for further procedural information.
REQUEST FOR RECONSIDERATION:
Section 20.100.010.E 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.
APPEALS:
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 ten (10) working days after the date of the
decision being appealed.
TIME L TS FOR RECONSIDERATION AND APPEAL:
The time limits for Reconsideration 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.
Hearing Examiner Decision.
Case No.: CUP 0625
Page 12
Once the Hearing Examiner has issued his decision on the reconsideration request, the time
clock for filing an appeal continues from the point it was stopped. For example, if a
reconsideration 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.
LAPSE OF APPROVAL:
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.'
NOTICE TO 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 Assessors Office.
EXHIBIT:
The following exhibit was offered and entered into the record.
A. Planning Division Advisory Report. With 7 attachments
PARTIES OF RECORD:
Byung Kim Douglas C. Laukkonen Planning Division
Woodway Gas & Mart PO Box 55368 Engineering Division
23726 100th Avenue West Shoreline WA 98155
Edmonds WA 98020