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HomeMy WebLinkAbout09-19-2012 Hearing Examiner Packet HEARING EXAMINER September 19, 2012 5:30 pm City Council Chambers 25 West Main Street I. Case No: MIS12-0006 – Special Exception / Building B, Auburn Dairy Products, Inc. Applicant: Alan Poe, Poe Engineering, Inc., on behalf of Auburn Dairy Products, Inc. 1314 8th Street NE, #201, Auburn, WA 98002 Request: Application for a Special Exception pursuant to City Code Section 18.70.020.A.3 for an approximately 1,064 square foot office addition to an existing 26,555 square foot production warehousing and distribution building (Building B) that is non-conforming to setbacks on a site zoned M1, Light Industrial. The property is located at 702 West Main Street. Assessor’s Parcel #391500-0005. II. Case No: CUP12-0001 – Conditional Use Permit / Donel Brinkman Applicant: Donel Brinkman, 206 B Street SE, Auburn, WA 98002 Request: Request for a conditional use permit to deviate from two of the development standards within the Downtown Urban Center zone to construct an approximately 128 square foot drive-thru espresso stand. The property is located at 201 B Street SE. Assessor’s Parcel #0019000050. Exhibit 1 Number of Pages 10 AGENDA BILL APPROVAL FORM Agenda Subject: Public Hearing Application No. MIS12-0006, Special Exception for Expansion of Non-Conforming Building (Building B) for Auburn Dairy Products, Inc. Date: August 29, 2012 Department: Planning and Development Attachments: Please refer to Exhibit List, below Budget Impact: NA Hearing Examiner to approve the Special Exception for Expansion of Non-Conforming Building based upon the Findings of Fact, Conclusions and Condition. Background Summary: OWNER/APPLICANT: Jerry Dinsmore of Auburn Dairy Products Inc. AGENT: Alan Poe, Poe Engineering Inc. on behalf of Auburn Dairy Products Inc. REQUEST: Special Exception pursuant to Auburn City Code Section 18.70.020.A.3 for an approximately 1,064 square foot building office addition to an existing 26,555 square foot warehouse and distribution Building B that is non- conforming to setbacks on a site zoned M1, Light Industrial. The Special Exception is required since the existing building is nonconforming to the 20- foot setback of the M1, Light Industrial zone and the building addition is proposed with a 10-foot setback to continue the nonconformance of the setback. LOCATION: 702 West Main Street, on the southeast corner of “G” Street SE and West Main Street Auburn, WA 98001; Parcel Number 391500-0005 EXISTING ZONING: M-1, Light Industrial EXISTING LAND USE: An existing dairy products manufacturing facility consisting of a 12,086 square foot building (Building A) and a 19,363 square foot building (Building B) on an approximately 1.89-acre site. Building B is currently in the process of permitting for a building addition increasing the total square footage to 26,555 square feet. COMPREHENSIVE PLAN DESIGNATION: Light Industrial SEPA STATUS: An addendum to the previous Mitigated Determination of Non-Significance for an earlier building exp. (SEP02-0022) was issued September 7, 2012. Reviewed by Council & Committees: Reviewed by Departments & Divisions: Arts Commission COUNCIL COMMITTEES: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Serv. Finance Parks Human Services Planning & CD Fire Planning Park Board Public Works Legal Police Planning Comm. Other Public Works Human Resources Agenda Subject Public Hearing MIS12-0006, Special Exception for Expansion of Non-Conforming Building for Auburn Dairy Products, Inc. Date: August 29, 2012 Page 2 of 10 Action: Committee Approval: Yes No Council Approval: Yes No Call for Public Hearing ___/___/____ Referred to _________________________________ Until ____/___/____ Tabled ______________________________________ Until ___/___/____ Councilmember: Staff: Dixon Meeting Date: September 19, 2012 Item Number: Agenda Subject Public Hearing MIS12-0006, Special Exception for Expansion of Non-Conforming Building for Auburn Dairy Products, Inc. Date: August 29, 2012 Page 3 of 10 The Comprehensive Plan designations, zoning designations and land uses of the site and surrounding properties are: Comprehensive Plan Zoning Land Use Site ‘Light Industrial’ M-1, Light Industrial Existing 38,907sq. ft. dairy products manufacturing facility within two buildings on a approx 1.89- acre site North ‘Downtown’ with ‘Office-Residential’ beyond DUC, Downtown Urban Center; RO, Office- Residential; and M-2, Heavy Industrial Restaurant and professional office and vacant industrial land South ‘Light Industrial’ M-1, Light Industrial Stone finishing industrial use East ‘Downtown’ to the east and ‘High Density Residential’ and ‘Light Industrial’ to the southeast DUC, Downtown Urban Center to the east; R20, High Density Residential and M-1, Light Industrial to the southeast Church, commercial uses, and single family residential West ‘Open Space’ M-1, Light Industrial with EP, Environmental Park, beyond. Railroad, overhead electric transmission corridor containing Interurban recreational trail EXHIBIT LIST Exhibit 1 Staff Report Exhibit 2 Completed Special Exception Application Form Exhibit 3 Applicant Project Narrative letter, Poe Engineering Inc., July 30, 2012 Exhibit 4 Site Plan - Sheet SE1, Poe Engineering Inc., August 22, 2012 Exhibit 5 Notice of Application and Public Hearing Notice Exhibit 6 Affidavit of Posting Exhibit 7 Affidavit of Mailing Exhibit 8 Request for Publication of Legal Notice Exhibit 9 2007 aerial photo Exhibit 10 City Zoning Map Exhibit 11 City Comprehensive Plan Map Exhibit 12 Addendum to previous Mitigated Determination of Non-Significance (SEP00-0022) September 7, 2012 Exhibit 13 Photos FINDINGS OF FACT: 1. On July 30, 2012 Alan Poe of Poe Engineering Inc. on behalf of Jerry Dinsmore, Vice President of Auburn Dairy Products Inc. applied for a Special Exception to expand an existing non- conforming building. More specifically, the proposal seeks to construct an approximately 1,064 Agenda Subject Public Hearing MIS12-0006, Special Exception for Expansion of Non-Conforming Building for Auburn Dairy Products, Inc. Date: August 29, 2012 Page 4 of 10 square foot building office addition to an existing warehouse and distribution building (Building B) that is non-conforming to setbacks on a site zoned M1, Light Industrial. 2. A Special Exception is required for the office addition since the existing building and proposed building addition are non-conforming to the required 20-foot setback regulations of the site’s M1, Light Industrial zoning. The existing Building B that is proposed to be expanded is built within eight (8) feet of the property line. The building addition would have a ten–foot setback to the property line. 3. The Auburn Dairy Products Inc. is a specialty food product manufacturer that wholesales to retailers. The company manufactures yogurt and similar products from dairy products. Additional information on the company is available from their website at: http://www.yamiyogurt.com/index.php 4. The northern building (Building A) is used for the receiving, manufacturing and packaging while the southern building (Building B) is used predominantly for storage, distribution and office. The dairy raw materials (milk and cream) are delivered via tanker truck to the area between the two on-site buildings and pumped into the two exterior tanks and then piped to the SE corner of the northern building and into tanks. This begins the manufacturing process as raw materials move through Building A during the manufacturing process. 5. Building B is used for dry storage, refrigerated storage (cooler), distribution and office. After manufacturing and packaging, the completed product is moved by fork lift from Building A to Building B placed, on pallets and multi-level racks and temporarily stored until loaded onto trucks at the rear of the building for delivery to retailers. 6. The existing building (Building B) is currently 19,355 square feet and is currently undergoing a building permit review process for a 7,200 square foot refrigerated warehouse expansion on the south side (Building Permit number ADD12-0046). The new cooler building expansion will increase capacity to warehouse the finished product. At completion of this addition, Building B will be approximately 26,555 square feet (footprint size). The building also currently contains 2,934 square feet of internal, second story mezzanine space for a total square footage of approximately 30,553 square feet. 7. The property has been the subject of a previous request for a special exception to expand a non- conforming building. On May 23, 2012 Alan Poe of Poe Engineering Inc. on behalf of Jerry Dinsmore, Vice President of Auburn Dairy Products Inc. applied for a Special Exception to expand an existing non-conforming building, Building A (File No. MIS12-0005). The northern building of the site. The request was for an approximately 320 square foot building addition and 92 square foot ramp to an existing 12,086 square foot manufacturing building. The Special Exception is required since the existing building is nonconforming to the 20-foot setback of the M1, Light Industrial zone and the building addition and ramp are proposed with a 1-foot setback to continue the nonconformance of the setback. A public hearing on the request was conducted by the Hearing Examiner on July 18, 2012 and an approval decision was issued on July 28, 2012. This Building A addition represents roughly a 3.4% percent increase in square footage to the building (320 sq ft addition and 92 sq ft ramp as proportion of Building A which is a total of 12,086 square feet). 8. As indicated by the applicant’s representative in their July 30, 2012 letter, the project is needed to provide additional floor area for administrative office space associated with the manufacturing facility. Building B has undergone a number of additions. Additional office space is needed in response to increases in production and capacity increases in the manufacturing process. Agenda Subject Public Hearing MIS12-0006, Special Exception for Expansion of Non-Conforming Building for Auburn Dairy Products, Inc. Date: August 29, 2012 Page 5 of 10 9. With the increased public focus on healthful benefits and nutritional value of food products, Auburn Dairy Products Inc has experienced increased demand for the manufacture of yogurt and has been unable to meet the increased demand due to manufacturing space limitation of their current production facility. The applicant seeks to increase office space associated with increased production. 10. A non-conforming structure may be expanded if a Special Exception is approved by the Hearing Examiner pursuant to Auburn City Code (ACC) Section and 18.70.020.A.3 of the Zoning Ordinance, which states: “18.70.020 Special exceptions. A. Only the following special exceptions may be granted by the hearing examiner after a public hearing is held pursuant to ACC 18.70.040: . . 3. A nonresidential structure or use which becomes a legal nonconforming structure or use after the effective date of the ordinance codified in this title may be permitted, by means of a special exception, to expand the existing use or structure up to 25 percent of the use or structure existing at the time of the adoption of this title; provided further, that the addition otherwise meets the standards of this title and other requirements of the city. This section does not allow the expansion of a use or structure which would be inconsistent with a previously authorized conditional use permit, special property use permit, contract rezone, or binding agreement between the city and the property owner. This section also does not allow the expansion of any nonconforming hazardous material storage.” A similar code provision is found within the zoning code chapter related to regulation of nonconforming uses and structures at Auburn City Code (ACC) Section 18.54.060.H: “18.54.060 Maintenance, damage repairs and restorations, additions, enlargements, moving or relocation of nonconforming structures, and residential structures. . . H. A nonresidential structure or use which becomes a legal nonconforming structure or use after the effective date of the ordinance codified in this title may be permitted by means of a special exception issued by the hearing examiner pursuant to ACC 18.70.020 to expand the existing use or structure up to 25 percent of the use or structure existing at the time of the adoption of the ordinance codified in this title; provided further, that the addition otherwise meets the standards of this title and other requirements of the city. This section does not allow the expansion of a use or structure which would be inconsistent with a previously authorized conditional use permit, special property use permit, contract rezone, or binding agreement between the city and the property owner. This section also does not allow the expansion of any nonconforming hazardous material storage.” 11. This request for the Special Exception has been reviewed with the Planning Director and the Assistant City Attorney. The Planning Director in reviewing the zoning code determined that the special exception process in ACC 18.70.020A (3) is the appropriate process for Auburn Dairy Agenda Subject Public Hearing MIS12-0006, Special Exception for Expansion of Non-Conforming Building for Auburn Dairy Products, Inc. Date: August 29, 2012 Page 6 of 10 Products Inc.’s proposal and a variance is not required. ACC 18.56.060H (Nonconforming Structures and Uses) allows expansion up to 25% under the Special Use Exception. ACC 18.70.020A(3), provides that non-residential use which becomes non-conforming “after the effective date of this ordinance” may be permitted to expand up to 25% of the use or structure existing at this time. The Director determined a variance is not appropriate because the city’s zoning code provides a more specific process for expansion of nonconforming structures and uses. 12. The Special Exception is requested for construct an approximately 1,064 square foot building office addition to an existing warehouse and distribution building (Building B) that is non- conforming to setbacks on a site zoned M1, Light Industrial. The footprint of the building addition would measure approximately 38 feet east to west, and 28 feet north to south. The building addition would change the character by eliminating the dock access and truck door facing the street and replace with painted horizontal siding and wood-trimmed doors and windows. A ten- foot setback is proposed along the 28 feet of new construction; rather than the 20-foot setback. 13. The building addition is proposed on the east side of Building B. The proposed building addition will displace the northern half of an existing nine-stall parking lot (affects 4 parking spaces) and requires that the parking lot be expanded to the south to replace, in part, the displaced parking spaces. It also requires relocation of the removal of the existing driveway and replacement of a new driveway to maintain access to the parking lot. The expansion of the parking lot to the south will eliminate an existing below-grade truck ramp to G Street SW leading to a dock-height doors (See Exhibit 4, Site Plan). 14. Building B, which is proposed to be expanded, was originally constructed in 1965 according to the Applicant’s information submitted. 15. The proposal is non-conforming because pursuant to ACC Section 18.32.050 the City's development standards regulations of the M1, Light Industrial zoning district, a 20-foot setback is required for both the front and street side yard setbacks. So, regardless of whether the property line bordering G Street SW is considered the ‘front’ or ‘street side’ a 20-foot setback applies. 16. The property has had the comprehensive plan designation of “Light Industrial’ and the zoning of ‘M1, Light Industrial’ since at least 1987. The 1987 zoning was adopted by Ordinance No. 4230. 17. The property is zoned M1, Light Industrial. The purpose of the M1 district as stated at ACC 18.26.010 is to: “18.32.010 Intent (of the M1 zoning district). The purpose of the M-1 light industrial zone is to accommodate a variety of industrial, commercial, and limited residential uses in an industrial park environment, to preserve land primarily for light industrial and commercial uses, to implement the economic goals of the comprehensive plan and to provide a greater flexibility within the zoning regulations for those uses which are non-nuisance in terms of air and water pollution, noise, vibration, glare or odor. The light industrial/commercial character of this zone is intended to address the way in which industrial and commercial uses are carried out rather than the actual types of products made. The character of this zone will limit the type of primary activities which may be conducted outside of enclosed buildings to outdoor displays and sales. Uses which are not customarily conducted indoors or involve hazardous materials are considered heavy industrial uses under this title and are not appropriate for the M-1 zone. Agenda Subject Public Hearing MIS12-0006, Special Exception for Expansion of Non-Conforming Building for Auburn Dairy Products, Inc. Date: August 29, 2012 Page 7 of 10 An essential aspect of this zone is the need to maintain a quality of development that attracts rather than discourages further investment in light industrial and commercial development. Consequently, site activities which could distract from the visual quality of development of those areas, such as outdoor storage, should be strictly regulated within this zone.” 18. The City of Auburn Comprehensive Plan designates this site as “Light Industrial”. The City’s Comprehensive Plan describes the purpose of this designation as follows: “Purpose: To reserve quality industrial lands for activities that implement the City's economic development goals and policies. Description: This category is intended to accommodate a wide range of industrial and commercial uses. This designation is intended to provide a location attractive for manufacturing, processing and assembling land use activities that benefit from quality surroundings and appropriate commercial retail uses that benefit from the location, access, physical configuration, building types of these properties. It is distinguished from heavier industrial uses by means of performance criteria. All significant activities shall take place inside buildings, and the processing or storage of hazardous materials shall be strictly controlled and permitted only as an incidental part of another use. The siting and design of industrial buildings shall be of an "industrial or business park" character. Certain residential uses may be permitted, especially in industrial areas that have been established to promote a business park environment that complements environmental features, and/or if development standards are developed to promote compatibility between residential and other non-residential land uses.” The Comprehensive Plan is used by the City to guide decisions on amendments to the City’s zoning code, decisions on development regulations, and to guide site-specific land use decisions -- all of which must be consistent with the Comprehensive Plan. 19. The 1.89-acre Auburn Dairy Products Inc. property is relatively flat and bordered by two public streets. The site is accessed via three driveways to G Street SW and one driveway from West Main Street. The one driveway to West Main Street and the southern driveway to G Street SW provide a one-way looped access around the buildings for drop off and pick-up manufactured product. The northern and southern driveways to G Street SW provide a one-way looped access for delivery and standing of vehicles during off–loading of raw milk. It is important to have separate accesses routes for each purpose to avoid blocking and impeding the other and for efficiency of operations. The proposed building addition will not affect these existing accesses. The middle driveway to G Street SW is not connected to the other driveways and leads to a 9- stall parking lot. The proposed office addition will require modification of this central driveway and parking lot. 20. The surrounding development includes some single-family residential and is predominately commercial and industrial. 21. The proposed development is not exempt from environmental review under the State Environmental Policy Act (SEPA) categorical exemption thresholds. After review of the proposal, an addendum to a previous Final Determination of Non-Significance (SEP02-0022) was issued September 7, 2012. Agenda Subject Public Hearing MIS12-0006, Special Exception for Expansion of Non-Conforming Building for Auburn Dairy Products, Inc. Date: August 29, 2012 Page 8 of 10 22. Staff conducted a site visit on August 31, 2012 to verify the proposal and surrounding conditions and to post the Notice of Application and Hearing Notice. 23. A Notice of Application and notice of the hearing was posting on the site, mailed to properties within 300 feet and published in the newspaper on or before August 31, 2012 in accordance with ACC 14.07.040 “Methods of providing notice”. 24. The application was received on July 30, 2012 and a decision on the proposal is expected to be issued within the 120-day timeframe of ACC 14.11.010, ‘Time limits’. CONCLUSIONS: ACC Section 18.70.020.B provides criteria for Special Exceptions: A. Consideration shall be given to the nature and condition of all adjacent uses and structures prior to authorizing; Staff Analysis: Only to the south is the Auburn Dairy Inc. property is immediately bordered by adjacent structures. To the south is property developed for industrial uses in the M1 Light industrial zone. To the west, the site is bordered by the Burlington Northern Rail Road line with light industrial uses in the EP, Environmental Park zoning district beyond. It is bordered to the north and east by public streets. Across West Main Street to the north are vacant, single family residential and commercial uses. Across G Street SW to the east are single family and commercial uses located in the M2, Heavy Industrial, DUC, Downtown Urban Center and R20, High Density residential zoning districts. The proposed building addition would be most visible from the east side and G Street SW and the nearby commercial and single family uses. The historic development pattern of the area has resulted in the vicinity already impacted by industrial uses. According the Applicant’s July 30, 2012 letter, the office addition is proposed to include exterior building treatments of horizontal siding and wood trimmed window and doors to minimize adverse visual impacts. Granting this special exception to allow the building addition is not anticipated to change the existing light industrial character of the facility and will not materially change the developed nature from the current conditions. As described by the applicant, the proposal will not create any significant impact to the surrounding area and the building addition is consistent with the developed character of the current use. B. That the authorizing of such special exception will not be materially detrimental to the public welfare or injurious to property in the zone or vicinity in which the property is located; Staff Analysis: The proposed expansion will be subject to all applicable building codes and regulations. The proposed building addition represents less than a 4% percent increase in square footage to the building (1,065 sq ft addition as proportion of Building B which is a total of 30,553.8 square feet (including mezzanine). The current request for a special exception and the previously approved request (File No. MIS12-0005), do not together exceed 25 percent, the maximum expansion allowed by the special exception process (ACC 18.70.020.A) Agenda Subject Public Hearing MIS12-0006, Special Exception for Expansion of Non-Conforming Building for Auburn Dairy Products, Inc. Date: August 29, 2012 Page 9 of 10 The proposal building addition was reviewed by the City’s Transportation Division. The Transportation Division concluded that in accordance with guidance from the Institute of Transportation Engineers (ITE) the prior unenclosed loading dock area being removed would not have been counted as square footage of gross floor area for traffic generation purposes. However, replacing this with an enclosed area is viewed by ITE and the City as adding square footage to the structure and the City’s Transportation Division believes the increase will be minor and can be safely accommodated by the existing access, street system and payment of traffic impacts fees. The applicant also has the option to demonstrate that no impact fee is appropriate based lack of PM peak hour trip generation in accordance with the city’s regulations for traffic Impact fees, ACC 19.04. As part of the city review and approval of building permits, the project will be required to provide parking stalls on-site to meet city requirements based on the proposed building additions. The code requires that building additions which trigger the need for five or fewer parking spaces do not have to provide additional parking (ACC 18.52.010.C). However, this provision is not meant to allow several small building additions that circumvent city requirements, so the applicant has demonstrated that additional parking will be provide based on the cumulative building additions. The proposal was reviewed by the city’s Utilities Division, the proposed building addition will increase demand for public utilities which can be accommodated by the existing systems and development in accordance with city regulations. A building permit and storm drainage review will be required for the building addition and best management practices are required to be observed due to project’s location within a Category 4 ground water protection zone. According to the applicant’s proposed use of different exterior building treatments and removal of dock ramp and vehicle door the industrial appearance will be minimized. The special exception, if granted will not significantly alter the character of the neighborhood or be detrimental to surrounding properties in which the property is located. C. The authorization of such special exception will be consistent with the spirit and purpose of the zoning code. Staff Analysis: The stated purpose of the zoning code is to: “18.02.030 Purpose. A. The purpose of this title is to implement the city's comprehensive plan. This title will be used to further the growth and development of the city consistent with the adopted comprehensive plan and it’s implementing elements. This title will also further the purpose of promoting the health, safety, morals, convenience, comfort, prosperity, and general welfare of the city's population and to prevent and abate public nuisances. B. The specific zones and regulations set out in this title are designed to: 1. Provide adequate public facilities and services, including utilities, roads, schools, and parks in conjunction with development; 2. Provide housing with essential light, air, privacy, and open space; 3. Facilitate the safe and efficient movement of traffic on the city's streets; 4. Stabilize and enhance property values; 5. Facilitate adequate provisions for doing public and private business and thereby safeguard the community's economic structure upon which the prosperity and welfare of all depends; and Agenda Subject Public Hearing MIS12-0006, Special Exception for Expansion of Non-Conforming Building for Auburn Dairy Products, Inc. Date: August 29, 2012 Page 10 of 10 6. Through such achievements, help ensure the safety and security of home life, foster good citizenship, and create and preserve a more healthful, serviceable and attractive municipality and environment in which to live.” The Special Exception, if approved would be consistent with the growth and development purpose of the Comprehensive Plan and assist in promoting private enterprise for community economic vitality. Specifically, the intent of the Special Exception provision in the zoning code is to allow the Hearing Examiner to approve limited expansions of existing non-conforming development. The applicant is proposing to increase building square footage to increase the efficiency and capacity of their manufacturing operation. The proposed building addition is considerably less than the maximum increase of 25 percent that could be allowed by code. Staff believes it is reasonable to allow the expansion of the non-conforming structure to accommodate an incremental upgrade to the facility. D. This section does not allow the expansion of a use or structure which would be inconsistent with a previously authorized administrative use permit, conditional use permit, special property use permit, contract rezone, or binding agreement between the city and the property owner. This section also does not allow the expansion of any nonconforming hazardous material storage. Staff Analysis: Since none exist, the expansion if approved would not violate any previously authorized conditional use permit, special property use permit, contract rezone, or binding agreement between the city and the property owner. Also, the proposal so does not allow the expansion of any nonconforming hazardous material storage, which is prohibited. RECOMMENDATION Based upon the application materials presented and Findings of Fact and Conclusions of the staff report, Staff recommends that the Special Exception be approved with the following condition: 1. Prior to the issuance of building permits, the plans for the proposed building addition shall be reviewed by the Planning Director or designee to ensure consistency with the application materials and decision on the Special Exception approved by the Hearing Examiner. Staff reserves the right to supplement the record of the case to respond to matters and information raised subsequent to the writing of this report. Email Subject Line: REQUEST TO PUBLISH ATTN: Legal Notice Account Representative Please publish in the Seattle Times on Friday, August 31, 2012. Send the bill for the cost of publishing and Affidavit of Publication to: City of Auburn City Clerks Dept 25 West Main Auburn, WA 98001-4998 Please publish below line only. NOTICE OF APPLICATION & HEARING PUBLIC HEARING: Hearing Examiner, September 19, 2012 at 5:30 pm COUNCIL CHAMBERS, CITY HALL APPLICATION REQUESTED: SPECIAL EXCEPTION to expand a non-conforming Building B APPLICATION NUMBER & NAME: MIS12-0006 / Auburn Dairy Products Inc. PROPONENT: Alan Poe, Poe Engineering Inc. on behalf of Auburn Dairy Products Inc. PROPERTY LOCATION: 702 West Main St. The site is within the SE quarter of Section 13, Township 21 North, Range 4 East, W.M. King County, Washington. Assessor’s Parcel #391500-0005. DESCRIPTION OF PROPOSAL: Special Exception per ACC Section 18.70.020.A.3 for an approximately 1,064 square foot building office addition to an existing 26,555 square foot warehouse and distribution Building B that is non-conforming to setbacks on a site zoned M1, Light Industrial. APPLICATION FILED: July 30, 2012. COMPLETE APPLICATION: August 24, 2012. NOTICE OF APPLICATION: August 31, 2012 STUDIES SUBMITTED WITH APPLICATON: Letter Request for Special Exception Narrative, Poe Engineering Inc., dated July 30, 2012. Site Plan, Sheet SE1, Poe Engineering Inc., dated July 2012. OTHER PERMITS AND PLANS WHICH MAY BE REQUIRED: special exception, construction permit, facility extension and building permits. STATEMENT OF CONSISTENCY AND LIST OF APPLICABLE DEVELOPMENT REGULATIONS: This project is subject to and shall be consistent with the City of Auburn Zoning Code, Surface and Stormwater Management Ordinance, Street & Utility Standards, International Building & Fire Codes. All persons may comment on this application either in writing to the address below or by submitting written or oral testimony during the public hearing. Any person wishing to become a party of record and receive future notices, copies of the Planning Dept report with recommendation (one week prior to hearing), Hearing Examiner decision or any appeal decision must notify Planning Dept. by providing their name, mailing address and reference the application number – MIS12-0006. Pursuant to WAC 197-11-535, this hearing will be open to the consideration of the environmental impact of the proposal. All environmental documents prepared pursuant to SEPA for the subject proposal will be available for consideration at this public hearing. For citizens with speech, sight or hearing disabilities wishing to review documents pertaining to this hearing, should contact the City of Auburn within 10 calendar days prior to the meeting, as to the type of service or equipment needed. Each request will be considered individually according to the type of request, the availability of resources, and the financial ability of the City to provide the requested services or equipment. PLANNING AND DEVELOPMENT DEPARTMENT - 25 WEST MAIN STREET, AUBURN, WA. 98001 (253) 804- 5033, Contact: Jeff Dixon, Principal Planner, jdixon@auburnwa.gov 2007 Aerial Photo, MIS12-0005 Printed Date: Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Map Created by City of Auburn eGIS 6/7/2012 Zoning Designations MIS12-0005 Printed Date: Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Map Created by City of Auburn eGIS 6/7/2012 Comprehensive Plan Designations MIS12-0005 Printed Date: Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Map Created by City of Auburn eGIS 6/7/2012 Exhibit 1 Number of Pages 8 AGENDA BILL APPROVAL FORM Agenda Subject: Zipperdoodle Drive-Thru Espresso Stand CUP12- 0001 Date: September 11, 2012 Department: Planning and Development Attachments: Please refer to Exhibit List Budget Impact: NA Administrative Recommendation: Hearing Examiner to approve the requested Conditional Use Permit based upon the Findings of Fact and Conclusions as outlined below. Background Summary: OWNER: Auburn Investments LLC Attention: Alan Thomason 225 A Street SE Auburn, WA 98002 APPLICANT: Donel Brinkman 206 B Street SE Auburn, WA 98002 REQUEST: Construct an approximately 128 square foot drive-thru espresso stand on a vacant piece of property within the Downtown Urban Center zone. The Conditional Use Permit is required as the project is proposing to deviate from the development standards. LOCATION: The property is located at 201 B Street SE. (Parcel Number: 0019000050) EXISTING ZONING: Downtown Urban Center EXISTING LAND USE: Vacant COMPREHENSIVE PLAN DESIGNATION: Downtown SEPA STATUS: The project is SEPA exempt. Reviewed by Council & Committees: Reviewed by Departments & Divisions: Arts Commission COUNCIL COMMITTEES: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Serv. Finance Parks Human Services Planning & CD Fire Planning Park Board Public Works Legal Police Planning Comm. Other Public Works Human Resources Information Services Action: Committee Approval: Yes No Council Approval: Yes No Call for Public Hearing ___/___/____ Referred to _________________________________ Until ____/___/____ Tabled ______________________________________ Until ___/___/____ Councilmember: Staff: Chamberlain Meeting Date: September 19, 2012 Item Number: Agenda Subject: Zipperdoodle Drive-Thru Espresso Stand CUP12- 0001 Date: September 11, 2012 Page 2 of 8 The Comprehensive Plan designation, zoning designation and land use of the surrounding properties are: Comprehensive Plan Zoning Land Use North Downtown Downtown Urban Center Safeway Grocery Store South Downtown Downtown Urban Center Single Family Residence East Downtown Downtown Urban Center Residential; 4-plex West Downtown Downtown Urban Center Restaurant Subject Site Downtown Downtown Urban Center Vacant Subject Site Safeway Agenda Subject: Zipperdoodle Drive-Thru Espresso Stand CUP12- 0001 Date: September 11, 2012 Page 3 of 8 FINDINGS OF FACT: 1. Donel Brinkman has applied for a Conditional Use Permit for the construction of an approximately 128 square foot drive-thru espresso stand. The project site is located at 201 B Street SE on a site zoned DUC, Downtown Urban Center. Pursuant to Auburn City Code (ACC) 18.29.055, any development project that seeks to deviate from any development standard listed in ACC 18.29.060 requires a conditional use permit. The project proposes to deviate from two development standards, the minimum 2-story building requirements and the minimum square footage of 3,300 square feet. 2. The project site is located within the City’s designated Regional Growth Center as approved by the Puget Sound Regional Council and the proposed drive-thru espresso stand is an appropriate use within this boundary. 3. The building area is flat and is a vacant corner lot. Adjacent public right-of-way are B Street SE to the west, 2nd Street SE to the north, and alleyway to the east. The project site is located within a mixed developed area of single family residences, multi-family residences, professional offices, and commercial businesses. 4. Per ACC 18.29.060(H), the off-street parking requirement for a retail or restaurant business that has less 3,000 square feet is exempt from the parking requirements. 5. Required landscaping for projects in the DUC zone is outlined in ACC 18.29.060(J), which states that landscaping shall be provided as defined in the Downtown Auburn Design Standards. There is existing landscaping along the property’s 2nd Street SE frontage and along the rear property line. The majority of the landscaping is proposed to be retained with some thinning along the property’s 2nd Street SE frontage and ground cover to be installed. 6. The DUC (Downtown Urban Center) zone allows drive-thru businesses that do not front Main Street or on a designated pedestrian street. The subject property does not have frontage along Main Street or a designated pedestrian street. The intent of the DUC zone is: “The downtown urban center zone is intended to create a distinct and strong identity for downtown Auburn by establishing land use and design standards for review of development proposals within the core area of the city of Auburn’s designated urban center, in order to implement the city of Auburn downtown plan and the goals, policies and objectives of the Auburn comprehensive plan. This zone is intended to produce a concentration and mixture of commercial, office, medical, retail, residential and civic uses within the downtown area; to encourage private and public investment, attract shoppers and visitors, and appeal to existing and new residents; to provide a development pattern that supports pedestrian movement, bicycles and use of public transit; and to provide opportunities to increase the city’s tax base, thereby helping to fund public improvements and public services.” 7. The DUC zone development standards including setbacks and lot requirements are contained in ACC 18.29.060. The proposed project does not comply with the minimum 2-story building height required (18.29.060(G)) or the minimum 3,300 square foot building size (.75 floor area ratio (FAR)) requirements for new developments within the DUC zone (18.29.060(D)(4)) which is why a conditional use permit is being sought by the applicant. Agenda Subject: Zipperdoodle Drive-Thru Espresso Stand CUP12- 0001 Date: September 11, 2012 Page 4 of 8 8. In accordance with ACC 18.64.035(B) the site plan shall be adopted and made part of the permit. Subsequent building permits and construction activity shall be in accordance with the approved site plan. The site plan is included as Exhibit 3. 9. The land use designation of the subject property is Downtown. The implementing zone is the Downtown Urban Center zone. 10. The proposed development is exempt from the State Environmental Policy Act (SEPA) pursuant to WAC 197-11-800(1)(c)(iii). 11. Staff conducted a site visit on September 9, 2012, to verify the site plan and surrounding conditions. 12. The public hearing was duly noticed with the public hearing noticed published on September 6, 2012 in the Seattle Times, 10-days prior to the public hearing date of September 19, 2012. The notice was also posted on site, mailed to adjacent property owners within 300 feet of the subject property, and posted at the City Hall Annex building on September 4, 2012 for the combined notice of application with a 15-day comment period. CONCLUSIONS: CONDITIONAL USE PERMIT: ACC Section 18.64.040 (A-G) provides certain criteria for approval of a conditional use permit. An analysis of the application in regards to the conditional use permit criteria follows. A. The use will not have a substantively greater adverse effect on the health, safety or comfort of persons living or working in the area and will not be substantively more injurious, economically or otherwise, to property or improvements in the surrounding area than would any use generally permitted in the district. Among matters to be considered are traffic flow and control, access to and circulation within the property, off-street parking and loading, refuse and service area, utilities, screening and buffering, signs, yards and other open spaces, height, bulk, and location of structures, location of proposed open space uses, hours and manner of operation, and noise, lights, dust, odor, fumes and vibration. The proposed project, a drive-thru espresso stand, will not have a substantively greater adverse effect on the health, safety, or comfort of persons living or working in the area and will not be substantively more injurious, economically or otherwise, to property or improvements in the surrounding area than would any use generally permitted in the district. Commercial uses, such as drive-thru espresso stands, are a permitted use within the DUC zone as long as the property does not front Main Street or other pedestrian designated street. The subject property does not access a pedestrian designated street or have frontage on Main Street. The reason for the conditional use permit is the proposed project deviates from two development standards; the two-story building height minimum and minimum .75 FAR (3,300 square feet). Access to the property is sufficient with driveways on B Street SE and the adjacent alleyway to the east. The proposed drive-thru espresso stand will be accessed by vehicles from B Street SE then existing east towards to alleyway and the alle yway then existing west towards B Street SE. There is sufficient queuing space for vehicles so as not to impact the public right-of-way. Staff reviewed the proposed circulation and whether there would be any impacts to the adjacent alleyway in relation to the adjacent 4-plex. The use of the alleyway by the proposed drive-thru Agenda Subject: Zipperdoodle Drive-Thru Espresso Stand CUP12- 0001 Date: September 11, 2012 Page 5 of 8 espresso stand will be limited to the area where the alleyway connects to 2nd Street SE and will not impact the use of the alleyway by others. Parking is not required pursuant to ACC 18.29.060(H), however, the applicant proposes for employees to park at the off-street parking lot located at her adjacent business the Spunky Monkey. There is a proposed refuse and service area along the southern property line that will be screened with fencing and existing landscaping as required by the Downtown Urban Center Design Standards (Section 3, Site Design). Any proposed site lighting will be shielded and directed to the subject property only to limit light spill over onto the adjacent properties. The proposed building size is only 128 square feet which is much smaller than the existing adjacent structures so the bulk, height, and location of the proposed structure will not impact surrounding uses. Adequate utilities are available for the project as noted in the discussion under criterion E. Staff finds the proposal to be consistent with this criteria. B. The proposal is in accordance with the goals, policies, and objectives of the comprehensive plan. The project proposal is in accordance with the goals, policies, and objectives of the comprehensive plan as follows: Objective 6.2: Maintain downtown as an area that uniquely serves both regional and community needs. Policy LU-6 : The downtown urban center shall be the focal point of the Auburn community. It should include a mix of uses including, but not limited to, government and civic uses, retail, residential and services that are appropriate to fill that role. Policy LU-95: The City shall continue to support the redevelopment efforts of the private sector in the downtown area. Policy ED-8: Auburn should continue to provide an economic base not only for the Auburn area but also for the south King County and north Pierce County region. The proposed drive-thru espresso stand will serve both the regional and community needs and is a new commercial business within Downtown Auburn meeting the economic goals of the City be bringing new businesses into Auburn. A new commercial business on a vacant lot within Downtown Auburn supports the redevelopment efforts of the private sector in the downtown area. Staff finds the proposal to be consistent with this criteria. C. The proposal complies with all requirements of this title (i.e., Zoning Code). The proposed project complies with the requirements of Title 18 with two exceptions for which the conditional use permit is being applied. The proposed project does not comply with two development standards of the DUC zone, ACC Sections 18.29.060(D)(4) and 18.29.060(G) related to minimum building height and Floor Area Ratio. Agenda Subject: Zipperdoodle Drive-Thru Espresso Stand CUP12- 0001 Date: September 11, 2012 Page 6 of 8 The proposed project will be required to comply with the Downtown Urban Center Design Standards. As noted above, the proposed refuse area will be screened with fencing and landscaping as required. The existing frontage landscaping will remain with the addition of ground cover. Any site lighting shall be shielded and directed towards the property to limit impacts to adjacent properties. Since the proposed structure is not multi-story, the design standard requirements for base/middle/top (Section 3, Building Design) and upper level setback (Section 4, Building Design) are not applicable. The proposed building size of 128 square feet is not large enough to incorporate 4 different ground level details (Section 2, Building Design) so staff will work with the applicant to include at least one item such as containers for seasonal plantings. No signage is proposed at this time but any signage will be part of future submittals. Any signage shall comply with ACC Section 18.29.060(I), the Downtown Urban Center Design Standards, and requires a separate permit. Staff finds the proposal to be consistent with this criteria and has recommended a condition of approval to address site landscaping. D. The proposal can be constructed and maintained so as to be harmonious and appropriate in design, character, and appearance with the existing or intended character of the general vicinity. The proposed drive-thru espresso will be approximately 128 square feet. The structure will not dominate the landscape and is compatible with the adjacent residential structures to the south and the commercial business to the west. The proposed structure will have a gable roof which is similar in character to the adjacent single family residence to the south and the existing restaurant to the west. While the City does not regulate building color, the application proposes to paint the structure Heirloom Red with the building trim painted Lincoln Cottage Black. There will also be copper accents. The site will retain the existing landscaping with some selective pruning and the addition of ground cover. The site is screened to the south with an existing landscaped hedge so the proposed business is screened from the existing single family residence. Staff finds the proposal to be consistent with this criteria. E. The proposal will be supported by adequate public facilities and services and will not adversely affect the public infrastructure. There is existing water, sewer, and storm utilities either adjacent to or on the subject property. There is an eight inch clay sewer line that is seven feet deep within the adjacent alley that the project will connect to. There is an existing four inch water line within B Street SE and a twelve inch water main in 2nd Street SE. The subject property is developed with asphalt and has existing storm drainage (e.g. catch basins) on site. The proposed drive-thru espresso stand will not add any new impervious surfaces and actually improves the water quality as the run-off from the structure is considered clean roof run-off versus the existing run-off from the parking area. The proposed building may have to be adjusted slightly either north or south so as to not impact the existing drainage flow. This adjustment should not constitute a minor or major adjustment to the site plan. Agenda Subject: Zipperdoodle Drive-Thru Espresso Stand CUP12- 0001 Date: September 11, 2012 Page 7 of 8 The applicant has applied for water, sewer, and storm permits as well as a backflow permit. These have been approved pending the decision on this conditional use permit. Access to the site is from B Street SE and the public alleyway to the east. The existing right-of- way of the alleyway is 16 feet and the City standard is 20 feet. A two foot right-of-way dedication will be required for the project. Also the driveway access to B Street SE shall be constructed to City standards for a commercial driveway. Pursuant to ACC Chapter 19.02 the project is subject to a traffic impact fee which is estimated to be $2,636.00. Existing power is available at the corner of B Street SE and 2nd Street SE and the applicant proposes an aerial connection. ACC Chapter 13.32A does require undergrounding of power for new developments, however, staff is researching whether the project meets the exemptions outlined in ACC 13.32A.060 and will follow up at the public hearing. Staff finds the proposal to be consistent with this criteria. F. The proposal will not cause or create a public nuisance. The proposal involves a drive-thru espresso stand and the structure is compatible with the surrounding existing development. Nearby and adjacent uses include residential housing to the south and east, an existing restaurant to the west, and commercial development (Safeway) to the north. The proposed drive-thru espresso stand will not have an adverse impact on the surrounding developed properties or adjacent neighborhoods as shown in the above criteria discussion. There is no evidence that the proposal will cause or create a public nuisance. Staff finds the proposal to be consistent with this criteria. G. The proposal’s impacts can be appropriately mitigated through the application of conditions of approval, as applicable. The project’s impacts can be appropriately mitigated through the proposed conditions of approval. RECOMMENDATION: Based upon the application and Findings of Fact and Conclusions of the staff report, staff recommends that the Hearing Examiner approve the Conditional Use Permit with the following conditions of approval: 1. The applicant shall include planter containers with seasonal plantings at the building base to meet the ground level details as required in the Downtown Urban Center Design Standards. Exact locations can be determined once the structure is built as part of the final inspection process. 2. The site plan received August 28, 2012 is hereby incorporated into the decision. Any modifications to the site plan shall meet the following requirements: a. Minor Adjustments. Minor adjustments to the site plan may be made and approved by the planning director or designee. Minor adjustments are those which may affect the precise dimensions or siting of buildings, but which do not affect the basic character or arrangement of buildings approved, nor the development coverage of the development or the open space requirements. Such dimensional adjustments shall not vary more than 10 percent from the original. b. Major Adjustments. Major adjustments are those, when determined by the planning director or designee, that substantially change the basic design, coverage, open space or other requirements of the permit. When the planning director or designee determines a change constitutes a major adjustment, no building or other permit shall be issued for the use without prior review and approval such adjustment. Agenda Subject: Zipperdoodle Drive-Thru Espresso Stand CUP12- 0001 Date: September 11, 2012 Page 8 of 8 i. The submittal requirements, and review and approval process for a major adjustment to the site plan of an approved administrative or conditional use permit shall be substantially the same as that required for the original administrative or conditional use permit. An application for major adjustment meeting the information requirements of ACC 18.64.030 shall be submitted. At the discretion of the planning director or designee, the applicant may be able to resubmit or incorporate by reference some portions of the original administrative or conditional use permit submittal as part of the application for major adjustment; however, the application for major adjustment shall be subject to the same submittal, processing, and findings of fact requirements of this chapter for administrative or conditional use permits, as applicable. 3. The applicant will be required to dedicate 2 feet of right of way for the length of the property frontage on the alleyway. Staff reserves the right to supplement the record of the case to respond to matters and information raised subsequent to the writing of this report. EXHIBIT LIST Exhibit 1 Staff Report Exhibit 2 Application Materials, received August 28, 2012 Exhibit 3 Site Plan, received August 28, 2012 Exhibit 4 Conditional Use Permit Narrative Exhibit 5 Aerial Photograph of Subject Property Exhibit 6 Combined Notice of Application and Public Hearing, dated September 4, 2012 Exhibit 7 Affidavit of Posting of Legal Notice by Applicant (Notice of Application and Public Hearing and posting board) Exhibit 5 Number of Pages 1 Ae r i a l P h o t o S u b j e c t P r o p e r t y Zi p p e r d o o d l e C o n d i t i o n a l U s e P e r m i t C U P 1 2 - 0 0 0 1 Si t e A d d r e s s : 2 0 1 B S t r e e t S E Su b j e c t S i t e 2nd S t r e e t S E B Street SE