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HomeMy WebLinkAboutResolution No. 302CITY OF MEDINA RESOLUTION NO. 302 APPROVING HISTORICAL USE PERMIT NO. 2003-01, MEDINA STORE, AND ASSOCIATED VARIANCES THE CITY COUNCIL OF THE CITY OF MEDINA RESOLVES AS FOLLOWS: SECTION 1. Authority. City of Medina Ordinance No. 761 authorizes the City to review and to approve or deny proposals to establish historical uses in the R-16 Zone, subject to the procedures and according to the criteria set forth in that Ordinance. Medina Municipal Code $ 14.04.060 pennits consolidation of the review of two or more project -)ermit applications and § 14.04.090 Medina Municipal Code establishes that the Medina City COUncil will make the final decision on all combined applications. SECTION 2. Recitals. (A) The City of Medina received an application, referred to as Historical Use Permit No. 1 ("HUP No. 1 "), to re-establish the Medina Store at the northeast corner of Evergreen Point Road and NE S`" Street in the City of Medi is and to authorize four variances to the Bulk Regulations that would normally apply to development of this property. (B) On September 23, 2003, the City's planning constdr�_nt, Joseph Gellings, AICP, prepared and issued a Planning Report analyzing HUP No. I (the "Planning Report"). (C) The City received many written comments from indi ,�iduals concerning HUP No. 1. Those comments have been available for review by members of the public and by City employees and officials in the City file pertaining to HUP No. 1. (D) On October 7, November 4, and December 2, 2003, tic Planning Commission held open record public hearings at which it heard testimony concerning HUP No. 1. (E) Following the close of the public hearing, the Planning Commission considered its action with respect to HUP No. 1 and issued a recommencation (the "Recommendation") for action on HUP No. 1 to the City Council. (F) On December 8, 2003, the City Cotmcil of Medina held a public hearing to consider final action on HUP No. 1. Resolution 302 — RFS303doc 12 11) 0 1 p[7ge l SECTION 3. Findings of Fact. (A) The City Council accepts and adopts by this reference the factual statements set forth in the following sections of the September 23, 2003 Planning Report: Permit Request, Zoning Code, Subject Property, Existing Conditions, Proposal, and Findings of Fact and as modified by the October 28, 2003 Planning Report Update. (B) The following issues related to the criteria established in Ordinance No. 761 for the review of a Historical Use Permit kvere raised in the written comments and oral testimony expressing concerns about re-establishing operations at the Medina Store, opposing the issuance of HUP No. 1, or both: the use of each floor in the building, seating, hours, traffic, parking, odors, deliveries, after hours activities, exterior signagc, If, hting, noise, landscaping, setbacks, lot coverage, and pedestrian safety. SECTION 4. Conclusions (A) HUP No. 1 would authorize the construction of a minor new commercial use render 4,000 square feet in size. As such, the proposal is categorically exempt from the requirements for environmental review under the State Environmental Policy Act ("SEPA"), RCW ch. 43.21C. (B) City Staff, the Medina Planning Commission, and the Medina City Council have carefully considered the impacts of establishing and operating the Medina Store as would be authorized by HUP No. 1. That use, subject to the conditions set forth in § 4(D) below, will not have a materially detrimental effect on neighboring properties; will not result in or produce excessive noise, odors or impacts from lighting; and will not materially interfere with the peaceful use and possession of neighboring properties. (C) The conditions set forth in 5 4(D) below, would minimize the adverse impacts of the use that would be authorized by HUP No. 1 on neighboring properties. (D) HUP No. 1 shall be subject to the conditions set forth below. These conditions shall be incorporated in a concomitant land use agreement, reviewed and approved by the City Attorney prior the issuance of a building permit for the improvement authorized by HIJP No. 1. Uses Use of the property shall be limited to a neighborhood market that caters to the Medina Community. The applicant's October 28, 2003 description of this neighborhood market use including dry cleaning pick-up and laundry pick-up service shall be adhered to with the following two exceptions: use of the basement shall be restricted to mechanical equipment, bookkeeping and storage that supports the market use occupying the first floor, and use of the second floor shall be limited to bookkeeping and storage in support of the market use as well as storage space leased to a single outside party only requiring infrequent access to the storage area. Seating Total interior public scatingg shall be limited to six seats. Total exterior public seating- shall be limited to 10 seats maximum and shall be restricted to within 40 feet of the Evergreen Point Road property line. Hours Business hoes shall be set within the following allowances: 7 am to 7 pm Monday through Friday, 8 am to 7 pm on Saturday, 10 am to 5 pm on Sundays, and closed on all holidays. For purposes of this section, holidays are defined as all State of Washington holidays. Traffic The traffic issue is not restricted directly but is restricted through public seating and maximum parking restrictions. Parking Provided parking shall include two designated employee spaces as represented in the site plan and a maximum number of customer parking spaces that does not exceed the number presently on the site as determined by the Public Works Director. in addition, re-established parking spaces shall not extend outside of the area presently devoted to parking. All store employees shall park only in spaces designated as store or employee parking. The final configuration of parking shall be approved by the Public Works Director through the right-of-vvay use permit. General-purpose parking spaces are to be on -street. The Director shall strive for parking stall widths of at least nine feet. There shall be a minimum of one ADA parking space. All on -street general-purpose store parking shall be limited to 30 minutes. Cooking The applicant's October 28, 20W proposal to limit cooking activities such that no exterior odors are produced shall be adhered to. No commercial grill shall be allowed. In addition, the applicant shall not conduct any cooking or baking operations that produce grease -laden vapors or otherwise require a Class 1 vent hood per the Uniform Mechanical Code. Deliveries Prior to issuance of a building permit, the applicant shall submit a loading and delivery plan for approval by the Planning Department. Delivery times shall be confined to the Monday through Saturday business hours. Deliveries are not permitted on Sundays except for newspapers. Delivery vehicles shall not cross sidewalks in accessing the site. After Hours Activities Exterior automatic teller machines, vending machines, payphones, newspaper boxes as well as all external self serve mechanical or electronic devices shall not be permitted. Rcsohttion 30' kl;s_O,Aoc 1, 1(�'o; Pa4Se Garbage The landscaping plan and the design o f all trash and recycling receptacles shall minimize susceptibility to rodent and bird infestation. Routine trash and recycling pick-up shall involve hand -carting the receptacles to the pick-up vehicle at Evergreen Point Road. The applicant shall consult %vith a pest control professional and, if an infestation problem is found in the existing building, shall take extermination measures prior to building demolition. Exterior Signage Prior to issuance of a building permit, the applicant shall submit a signage plan for approval by the Planning Department. The signage shall be oriented to pedestrians and slow -moving traffic. No direct or indirect illuminated signs will be permitted. Lighting Prior to issuance of a building permit, the applicant shall submit an outdoor lighting plan for approval by the Building and Planning Departments. The overall level of site illumination shall be similar to that of a normal single-family residence. Alt light fixtures shall be shielded to prevent visible glare from abutting properties. Landscaping and Noise / Visual Impact Buffers A landscape plan shall be submitted for City Landscape Consultant approval. The Landscape Consultant's approval shall include whether vegetation adequately softens the appearance of the east masonry wall as viewed from neighboring properties. The Landscape Consultant shall consider the desires and preferences of neighbors. The applicant's final design of the east masonry wall shall use the eiglit-foot height variance granted in conjunction Nvith this historical use permit to have adequate height and siting to block noise and visual impacts to the east. All significant trees on the site shall be retained. Pedestrian Facilities The final configuration of pedestrian facilities shall be approved by the Public Works Director through the right-of-way use permit. The Director shall consider safety and aesthetics in the transitions of walkways to adjacent properties. Restrictions on Changes of Use After H.U.P. Approval Changes of use are not permitted without a new Conditional Use Permit or Historical Use Permit Approval of this Historical Use Permit does not guarantee the approval of a permit for another use. The review of future applications shall be limited to the applicable review criteria and not include circumstances specific to the applicant. n L'.)M It I I MI ,v= R[S302_doe I' 19 O,; pa;e 9 Review of Final Architectural Plans Prior to the issuance of a buildin- permit, the applicant shall submit architectural elevation drawings for review and approval by the Planning Department and Planning Commissioner Mark 'Nelson. The purpose of this review shall be to ensure that the final plans for the new building meets the applicant's stated objective of replicating the historic character of the existing buildings. The elevations shall specify the proposed color scheme for the building. The scope of this review may include any character -defining attributes such as color scheme. volume, scale, and massing as well as the detailing of windows, doors, cornices, entry covers, and awnings. (E) Granting HUP No. 1, as applied for and subject to the conditions set forth in 4(D) above, would be consistent with and would give effect to the City's Comprehensive Plan, which states: It is important to the community that facilities such as the post office and the Medina Grocery be retained because of their functional and historic contribution to the City. The historical character of these buildings and appropriate uses should be retained for future generations. (F) Modified versions of the variances consolidated with tine review of HUP No. 1 are necessary to allow for operation of the historic use, and to minimize the impacts of the historic use on adjacent properties. This necessary set of variances is as follows: 1. A variance to reduce the required structural setback from the NE 8°i Street property line from 20 feet to 7 feet. 2. A variance to reduce the required structural setback from the Evergreen Point Road property line from 25 feet to 8 feet. 3. A variance for a total structural coverage no greater than the existina. structural coverage as certified by a licensed surveyor. This variance is approved with the following conditions: A) Facade Modulation shall be required on the south facade at or before a distance of 58 feet as measured eastward from the west wall of the building, i) modulation standards. a. The minimum depth of the modulation shall be 5'-0". b. Additional modulation points are allowed. c. Roof caves shall be allowed to encroach within the modulation stepback. Roof cave design shall replicate existing roof eaves. B) Height modulation shall be required on the south facade at or before a distance of 58 feet as measured eastward from the west wall of the building, i) modulation standards. a. The intention is to replicate the scale the existing building. Resolution 30' RLS302.duc 12.'140_ pale b. No portion of the roof proper may extend higher than 25 feet above the lowest point of original grade at the building wall. c. The height of the proposed building will be stepped down at the point on the south facade described above similar to the existing south facade. d. A shed roof similar to that which is proposed upon the north side of the building shall be provided at the east end of the building. C) Exterior elevations are to be reviewed and approved by the City Planning Department and Planning Commissioner Mark Nelson prior to issuance of a building permit. 4. A variance for the proposed masonry wall along the east property line to have a height of tight feet where the Zoning Code limit is four feet for the first 30 feet into the lot and six feet beyond. Kesolution 302 RLs302.doc 12.I9 , SECTION 5. Decision. The City Council approves HUP No. I subject to the conditions and requirements set forth in § 4(D) above. The City Council approves variances to the Bulk Regulations that 100uld normally apply to this property not to exceed the limits set forth in the description set forth in paragraph 4F of this resolution. All restrictions and conditions set forth or incorporated by reference in this resolution shall be incorporated into a concomitant agreement, approved by the City Attorney. which shall be executed and recorded in the office of the King County Recorder before any building permit is issued. PASSED BY THE CITY COUNCIL ON THIS � —WAY OF 2003. SIGNED IN AUTHENTICATION OF ITS PASSAGE THIS DAY OF �f 2003. f Mary Oderniat; Deputy :Mayor Approved as to form: /l dirk R. Wines, City Attorney Attest: Randy Reed, City Clerk KesoRd�o�i 1U_' R E530--doc 12.190; pall"