HearingExaminerDecision_PLN20140072-73.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: Salish Crossing
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND FINAL DECISION
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Conditional Use Permitand
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Design Review
(PLN20140072 and
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PLN20140073)
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INTRODUCTION
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The applicant requests conditional use permit and design review approvalfor the
construction of a 1,500 square foot retail pavilion with associated drive-through.
The
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new building will be located in the northeast corner of the Salish Crossing development
The application isapproved subject to conditions.
located at 190 Sunset Avenue South.
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TESTIMONY
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Kernen Lien, City of Edmonds planner, summarized the proposal. In response to
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examiner questions, he noted that City engineering staff determined there would be no
queuing onto public roads. He also noted that the project site well exceeds City
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parking requirements. ADA parking spaces will be addressed during building permit
review. Landscaping will help screen the drive-through. The code isnÈt clear about
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when new landscaping is triggered for existing projects so staff looks for an
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improvement over existing conditions. The conditions of approval require that
mechanical equipment be screened with landscaping. A gate is required as a condition
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of approval because the comprehensive plan requires consideration of adjoining
railroad use.
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EXHIBITS
Ex. 1: Staff report with Attachments 1-16.
CU Permit/Design Review p. 1Findings, Conclusions and Decision
Ex.2: Staff power point presentation.
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FINDINGS OF FACT
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Procedural:
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1.Applicant. Salish Crossing LLC.
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2.Hearing. The Hearing Examiner conducted a hearing on the subject
application on April 23, 2014 at 3:00 pm in the Council Chambers of the Edmonds
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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 1,500 square foot retail
pavilion with associated drive-through.
The new building will be located in the northeast
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corner of the Salish Crossing commercial site located at 190 Sunset Avenue South (Ex. 1,
Attachment3).
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4.Characteristics of the Area.
The project site is located in the northeast corner
ofSalish Crossing.The subject property is occupied by approximately 43,000 square feet of
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commercial buildings and is currently being redeveloped. A new museum recently received
approval to be located in one of the buildings and the site will also contain a number of
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restaurants and a distillery.State Route 104 and the Washington State ferry holding lanes are
located along the east side of the development. A Washington State Department of
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Transportation parking lot is located just north of the site and the Port of Edmonds Harbor
Square development is located on the south side across Dayton Street. To the west is the
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Amtrak and Sounder Train Station and the railroad tracks.
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5.Adverse Impacts of Proposed Use. There are no significant adverse
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impacts created by the project that are relevant to the permits under consideration.
Specific impacts are addressed as follows:
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A.Traffic. The proposal will not change any access point to the Salish
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Crossing development. Trip generation is computed to be negative in the
applicantÈs traffic generation report, Ex. 1, att. 9, because a portion of the
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development was demolished less than a year ago. Consequently no
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traffic impact fees are likely to berequiredduring buildingpermit review.
City engineering have also reviewed the applicantÈs queuing analysis and
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concluded that the proposal will not generate any queuing back up onto
public roads.
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Critical Areas. There are nocritical areas on site except for
B.a mapped
liquefaction hazard area, whichis considered a critical area pursuant to ECDC
CU Permit/Design Review p. 2Findings, Conclusions and Decision
23.40 and 23.80. The liquefaction hazard will be addressed with building permit
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review.
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C.Compatibility. The proposal drew no adverse written comment or public
testimony. The drivethrough portion of the building will be screened by
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landscaping as will all mechanical equipment as required by the conditions
of approval. The proposal has also gone through design review. Since the
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proposal is surrounded by intense commercial, public and transportation
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use as outlined in Finding of Fact No. 4, no compatibility problems are
anticipated.
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Parking. Parking for the proposal far exceeds City parking requirements.
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Pursuant to ECDC 17.50.010.C, all new buildings within the downtown business
area shall provide parking at a flat rate of one parking stall for every 500 square
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feet of gross floor area. The new retail pavilion at 1,500 square feet would need
to provide 3 parking spaces. With this new development, taken in total the Salish
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Crossing site will contain approximately 45,000 square feet of commercial
structures. At one parking space per 500 square feet of gross floor area, 90
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parking spaces would be required. After this development there will be 264
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parking spaces at the Salish Crossing Site.
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CONCLUSIONS OF LAW
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
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permit applications. Design review is consolidated before the Examiner for a hearing
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 Community
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Business (BC).
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3.Permit Review Criteria. ECDC 16.50.010(C)(6) requires a conditional use
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permit for drive in businesses in the BCzone. The criteria for a conditional use
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
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ECDC 20.11.030, p. 13-15 of the staff report, are adopted and incorporated by this
reference as if set forth in full. All other applicable criteria are quoted below and
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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:
findings in this section can be made.
CU Permit/Design Review p. 3Findings, Conclusions and Decision
A.That the proposal is consistent with the comprehensive plan.
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4.The proposal is consistent with the comprehensive plan. The staff report
analysis of the comprehensive plan, located at Section VIII of the report, is adopted
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and incorporated by this reference as 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
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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5.The proposal meets all applicable zoning requirements. The staff report
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analysis of Zoning Ordinance compliance, located at Section Xof the report, is
adopted and incorporated by this reference as if set forth in full. The purpose of the
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BCzone is also served by permitting retail uses that serve the entire community.
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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 determined in Findings of Fact No. 5, there are no significant adverse
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impacts associated with the proposal. For this reason, the proposal is not found to be
detrimental to the public health, safety and welfare and not detrimental to nearby
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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-through
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business.
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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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The applicant is responsible for seeking and obtaining all other required local,
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state and federal permits.
CU Permit/Design Review p. 4Findings, Conclusions and Decision
The applicant must apply for and obtain all necessary building permits. This
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application is subject to the applicable requirements in the Edmonds
Community Development Code. It is the responsibility of the applicant to
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ensure compliance with the various provisions contained in the ordinances.
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Approval of the design review phase of the project does not constitute
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approval of the improvements as shown on the submitted plans.
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All mechanical equipment and other utility hardware on the roof, grounds or
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buildings should be placed on the west side of the building and screened to
mitigate view impacts from street level. Screening could include the use of
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architectural elements, landscaping and/or fencing. Screening should be
effective in winter as well as summer.
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The six parking stalls directly west of the building shall be designated and
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marked as Åemployee parking only.Æ
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The trash enclosure abutting the northwest corner of the existing building
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shall include a rolling gate across the west side of the structure.
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The conditional use permit for a drive-through business shall be transferable
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to subsequent property owners.
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DATED this 12day of May, 2015.
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City of Edmonds Hearing 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
as authorized by ECDC 20.01.003. Appeals must be filed within 14 days of the
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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
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notwithstanding any program of revaluation.
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CU Permit/Design Review p. 5Findings, Conclusions and Decision