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HomeMy WebLinkAbout09-16-2015 AgendaCITY OF TT* � V R WASHINGTON City Council Chambers 25 West Main Street I. Case No: MIS15 -0004 Applicant: Rodrigo Leos Rodriguez Green River Landscape, Inc. 29244 1401h AVE SE Auburn, WA 98092 HEARING EXAMINER September 16, 2015 5:30 p.m. Request: Special Home Occupation Permit ( "SHOP ") for a landscape contractor business on property containing existing one (1) single - family residence, one (1) detached garage converted into a living space, detached accessory barns and sheds, and two (2) shipping containers. The two (2) resident - owners and one (1) non - resident owner of the business will employ twenty (20) employees who park their personal vehicles on an existing graveled parking area 7:00am — 3:30pm and work off -site for the duration. No customer visits or deliveries to the property are proposed. The business will also utilize the property for parking of business vehicles not exceeding 10,000 lb. gross vehicle weight, deposition of grass clippings as animal feed and leaves for decomposition, and storage of equipment, including one (1) Kubota tractors. No outdoor storage or display is proposed, as all business materials, goods, products, and equipment are stored within the existing shipping containers. The existing storage containers are proposed to be removed and storage space replaced with an addition to an existing building on -site. A sight- obscuring fence 6' in height is also proposed to be constructed along the north and west property lines to screen adjacent residential from on- premise activities. The business will only use the existing single - family residence for phone and fax purposes. Location: 29244 1401h AVE SE N E '/4 of Section 03 -21 -05 Parcel Number: 0321059020 CITY OF * * AtiBURN Nancy Backus, Mayor WASHINGTON 25 West Main street * Auburn WA 98001 -4998 * www.auburnwa.gov * 253 - 931 -3000 SPECIAL HOME OCCUPATION PERMIT Green River Landscape Inc. MIS15 -0004 I. GENERAL INFORMATION: Application Date: June 5, 2015 Applicant: Rodrigo Leos Rodriguez Green River Landscape, Inc. 29244 140th AVE SE Auburn, WA 98092 Agent: John M. Casey Curran Law Firm, P.S. P.O. Box 140 Kent, WA 98035 Property Owner: Alfonso and Gracia Leos Green River Landscape, Inc. 29244 140" AVE SE Auburn, WA 98092 Proposal: Special Home Occupation Permit ( "SHOP ") for a landscape contractor business on property containing existing one (1) single - family residence, one (1) detached garage converted into a living space, detached accessory barns and sheds, and two (2) shipping containers. The two (2) resident - owners and one (1) non - resident owner of the business will employ twenty (20) employees who park their personal vehicles on an existing partially graveled parking area 7:00am — 3:30pm and work off -site for the duration. No customer visits or deliveries to the property are proposed. The business will also utilize the property for parking of business vehicles not exceeding 10,000 lb. gross vehicle weight, deposition of grass clippings as animal feed and leaves for decomposition, and storage of equipment, including one (1) Kubota tractors. No outdoor storage or display is proposed, as all business materials, goods, products, and equipment are stored within the existing shipping containers. The existing storage containers are proposed to be removed and storage space replaced with an addition to an existing building on -site. A sight- obscuring fence 6' in height is also proposed to be constructed along the north and west property lines to screen adjacent residential from on- premise activities. The business will only use the existing single - family residence for phone and fax purposes. Special Home Occupation Permit — Green River Landscape Inc. (MIS15 -0004) Staff Report September 9, 2015 Page 1 AUBURN* MORE THAN YOU IMAGINED Proposed Location: 29244 140" AVE SE NE '/4 of Section 03 -21 -05 Parcel Number: 0321059020 Subject Property and Adjacent Property Comprehensive Plan Designation, Zoning District and Current Land Use: Special Home Occupation Permit — Green River Landscape Inc. (MIS15 -0004) Staff Report September 9, 2015 Page 2 a' t •q M .a 1i Imo' /L[ Comprehensive Plan Zoning Classification Current Land Use Designation Project Site Single - Family R1 Residential — 1 Single- family residence Residential Dwelling Unit per Acre North Single - Family R1 Residential — 1 Single- family residence Residential Dwelling Unit per Acre South Single - Family R1 Residential — 1 Vacant Residential Dwelling Unit per Acre East Single- Family R1 Residential — 1 Vacant Residential Dwelling Unit per Acre West Single - Family R1 Residential — 1 Single- family residence Residential Dwelling Unit per Acre Special Home Occupation Permit — Green River Landscape Inc. (MIS15 -0004) Staff Report September 9, 2015 Page 2 a' t •q M .a 1i Imo' /L[ II. SEPA STATUS: The Project is exempt from the State Environmental Policy Act (SEPA) per Washington Administrative Code (WAC) 197- 11- 800(13)(a). III. FINDINGS OF FACT: 1. The City opened a code violation case (File No. V1014 -0427) for failure to obtain a City Business License ( "Business License ") on October 24, 2014. 2. Rodrigo Leos Rodriguez ( "Applicant ") submitted a Business License application ( "Exhibit 2 ") on November 5, 2014. The Applicant is a non - resident owner and Alfonso and Gracia Leos ( "Property Owners ") are resident - owners of Green River Landscape Inc. 3. City staff noted that the Business License was erroneously issued in December 2014. Per the City's electronic permitting records, an e-mail containing questions to ascertain whether a Special Home Occupation Permit ( "SHOP ") application is required was sent to the Applicant on January 9, 2015. The email record referenced is unable to be located. 4. City Code Enforcement staff followed up with the Applicant regarding the lack of response to the January 9, 2015 email on March 23, 2015 ( "Exhibit 11 "). The Applicant met with City staff at the City's Permit Center on March 23, 2015 and indicated that the January 9, 2015 email was not received. 5. Following the March 23, 2015 meeting, on April 6, 2015 the Applicant responded via email to questions to ascertain whether a SHOP application is required. City staff affirmed via email on April 14, 2015 that a Special Home Occupation Permit application is applicable and required ( "Exhibit 11 "). 6. The City received notice via email on May 1, 2014 that John M. Casey of Curran Law Firm, P.S. ( "Agent ") had been retained to complete the SHOP application ( "Exhibit 11 "), 7. John M. Casey of Curran Law Firm, P.S. ( "Agent ") submitted a SHOP application ( "Application" / "Exhibit 3 ") on behalf of Applicant on June 5, 2015 to operate a landscape contractor business on the subject property ( "Site "). 8. The Site is located at 29244 1401h AVE SE, within the City of Auburn's corporate limits, and referenced by King County Tax Assessor Parcel No. 0321059020. 9. The Comprehensive Plan designation of the approximately 10 -acre parcel is "Single- Family Residential ". This designation is implemented by the "R1 Residential, 1 Dwelling Unit per Acre" zone, The Site is zoned R1 Residential, is located within the Urban Separator Zoning Overlay, and no Rezone is proposed or considered with the SHOP application. 10. The intent of the R1 Residential, 1 Dwelling Unit per Acre zone is as follows: Special Home Occupation Permit — Green River Landscape Inc, (MIS15 -0004) Staff Report September 9, 2015 Page 3 "The intent of the R -1 residential zone is to provide areas for estate -type residential development on large lots. This zone would normally be located in the areas particularly suited for such development. Appropriate development standards required of other urban areas shall be required to serve this zone." 11. The Site contains one (1) existing single- family residence, one (1) detached garage converted into a living space, detached accessory barns and sheds, and two (2) shipping containers ( "Exhibit 7 "). No wetlands, streams, landslide hazard, erosion hazard, or other critical areas are shown on the City's eGIS inventory map layers or suspected to be present per the site visit by City on August 11, 2015. 12. Access to the Site is gated at the northwestern corner of the Site. The northwest corner of the Site is also the southern terminus of the public portion of 140th AVE SE; at this point, 140th AVE SE continues south as a private street serving eight (8) additional single - family residences. Per the "Response to Comment Letter" from the Agent dated and received via email August 5, 2015 and received via hard copy August 17, 2015 ( "Response to Comment Letter '/" Exhibit 4 "), the gate is unlocked 6:00am every day by the Applicant, who resides off - site, to feed the horses and milk the cows. 13. Near the gated access are two other driveways: a driveway to the single - family residence on the east side of 140th AVE SE and a driveway to the single- family residence and mailboxes on the west side of 140th AVE SE. 14. The northern portion of the driveway on -site is graveled, -for an indeterminate distance from the gated entrance, The remainder of the driveway is paved leading to the single - family residence and detached garage converted into a living space, 15. Per Auburn City Code (ACC) 18,52.050(E)(2)(c), all driveways whether serving required or non - required parking spaces shall be paved with asphalt concrete, cement concrete pavement, or pervious pavement. 16. In total, the driveway is approximately 550' in length. It extends southeast from the gated entrance for approximately 300' and turns south for the subsequent approximately 250' before arriving at an approximately 1,800SF paved parking area adjacent to the single - family residence and detached garage converted into a living space. 17. As described in the "Response to Comment Letter ", a 120SF bedroom in the single- family residence, which is 1,550SF per King County Department of Assessments records, contains a phone and fax machine for the home occupation. 18. Per on -site conversations with the Applicant on August 11, 2015, the detached garage was originally intended for conversion into an office for the home occupation ( "Exhibit 15 "), but is not currently used for the home occupation. From the outside, City staff did not observe any activity associated with the home occupation. Special Home Occupation Permit — Green River Landscape Inc. (MIS15 -0004) Staff Report September 9, 2015 Page 4 19. Per the City's electronic permitting records ( "CRW "), there is no Building Permit associated with conversion of the detached garage between the time the Property Owners purchased the property on March 21, 2011 and the writing of this report. The City's Code Enforcement staff considers the work performed a Code Violation and will follow up with enforcement action separate from the SHOP application. 20. An approximately 27,000SF partially graveled parking area is located west of the converted detached garage and extends south to the property line ( "Exhibit 14 "). The parking area is: • To the west, buffered from 140th AVE SE by an approximately 200' -wide forested area; • To the south, adjacent to a vacant property; • To the east, approximately 250' away from an adjacent vacant property; and • To the north, more than approximately 400' away from single - family residences. 21. The partially graveled parking area serves as parking for the Applicant, who is a non- resident owner of the business, twenty (20) non - resident employees' personal vehicles and as parking for business vehicles, 22. Per ACC 18.52.050(E)(2)(d), "Surfacing of Parking Areas ", off - street parking vehicle parking spaces that are provided, but are not intended to satisfy zoning code parking standards required by ACC Table 18.52.020 are also subject to the surfacing requirements of ACC 18.52.050(E), 23. As described in the "written statement" included with the Application and the "Response to Comment Letter ", business vehicles do not include any vehicle whose gross vehicle weight exceeds 10,000 lbs. nor any utility trailer whose gross vehicle weight exceeds 7,000 lbs. Four (4) business pick -up trucks were observed per the site visit by City staff on August 11, 2015 at 3:34PM and two (2) utility trailers ( "Exhibit 14 "). Per on -site conversations with the Applicant, several additional business vehicles were still due to return, but the exact number of business pick -up trucks and utility trailers was not discussed, nor was it disclosed on the Application. No semi -truck tractors and /or semi - trailers were observed per the same site visit. 24. In comparison to the vehicles at the Site, the zoning code definition of "`commercial vehicle' means semi -truck tractors and /or semi - trailers (over 26,001 pounds gross vehicle weight rating) used in any commercial enterprise" per ACC 18.04.245. 25. Based on comparison of the City's eGIS 2012 aerial imagery ( "Exhibit 8 "), with Google Maps' 2015 aerial imagery ( "Exhibit 9 "), the graveled portions of the parking area have been expanded since acquisition of the property. The date of both photographs is after the Property Owners' acquisition of the property on March 23, 2011 per King County Department of Assessments Records. Special Home Occupation Permit — Green River Landscape Inc. (MIS15 -0004) Staff Report September 9, 2015 Page 5 26. An approved Grading Permit, unless otherwise exempt per ACC 15.75.050, and Storm Permit are required for the expansion of the graveled parking area. Per CRW, no City permits have been applied for or obtained for the work. 27. During the site visit by City staff on August 11, 2015, lights on wooden poles located on the western edge of the partially graveled parking area were observed ( "Exhibit 16 "). Per conversations with the Applicant at the Site, City staff confirmed that the lights were installed by the Applicant. 28. Though per ACC 18.55.020(13) outdoor lighting for individual dwelling units is typically exempt, an Outdoor Lighting Plan consistent with the requirements of Chapter 18.55 ACC — Outdoor Lighting is required for the installed lights as the lights illuminate the partially graveled parking area for the business, a "common area" atypical of a single - family residence. 29. No Outdoor Lighting Plan has been requested or submitted to the City. 30, Two (2) overseas cargo shipping containers are currently located on the Site ( "Exhibit 14 "). One of the shipping containers is located in the southwest corner of the partially graveled parking area. Per staff observations on the August 11, 2015 site visit and on -site conversations with the Applicant, this shipping container is used for storage of lawn mowers, generators, and other materials, goods, products or equipment associated with the business ( "Exhibit 14 "). The other shipping container is located adjacent and west of the horse stable and north of the horse paddock. The interior of this shipping container was not observed during the site visit by City staff on August 11, 2015. However, but both shipping containers were indicated as storage for the home occupation on a temporary basis per the "Response to Comment Letter ". 31. Per ACC 18.46A.070, "General and Specific Temporary Use Permits ", shipping containers in residential zones are only permitted: • For up to one hundred eighty (180) days as a trailer, office, or storage area of materials and equipment used for on -site residential construction with an approved Type I Temporary Use Permit; • For up to one hundred eighty (180) days as a trailer, office, or storage area of materials and equipment used for off -site residential construction with an approved Type II Temporary Use Permit; • For up to three (3) weeks for any purpose with an approved Type I Temporary Use Permit; or • For up to twelve (12) weeks with an approved Type II Temporary Use Permit. 32. Per the narrative contained in the Application and "Response to Comment Letter ", the Applicant proposes to apply for a Temporary Use Permit for the two (2) shipping containers to remain on -site until thirty (30) days after the construction of a proposed addition to an Special Home Occupation Permit — Green River Landscape Inc. (MIS15 -0004) Staff Report September 9, 2015 Page 6 existing building on -site, The proposed building addition is intended to be used as permanent storage of all home occupation materials, goods, products, and equipment (except vehicles), and applications for the building additions are proposed to be submitted no later than ninety (90) days after the SHOP decision, if approved. 33. One (1) chipper ( "Exhibit 14 ") was observed per the site visit by City staff on August 11, 2015. Per on -site conversations with the Applicant, the Applicant indicated that the chipper is not operated on -site. Other outdoor storage of materials, goods, products, and equipment observed include stacked firewood at the southwest corner of the partially graveled parking area and utility trailers, horse trailers, backhoe, air compressor, PVC pipe, shovels, wheelbarrows, and waste receptacles along the south property line ( "Exhibit 17 "). Per on- site conversations with the Applicant, the firewood and horse trailers are exclusively for personal use associated with the residence while the other materials, goods, products, and equipment may be for personal or business use, 34, One (1) Kubota tractor, while indicated on the Response to Comment Letter as being stored outside, was observed per the site visit by City staff on August 11, 2015 to be stored in an approximately 450SF semi - enclosed shed tangent to the northwest corner of the horse stable ( "Exhibit 18 "). The Kubota tractor occupies approximately 52SF of the semi - enclosed shed's floor area. 35. Per the "Response to Comment Letter ", the Kubota tractor is "transported from time to time to clients' sites and used there to dig drainage ditches, to move boulders, to excavate for landscaping, and other miscellaneous uses" associated with the home occupation. Personal and on -site uses of this equipment include "to spread horse manure generated by horses kept on the property, to push and pile brush that collects on the property from the trees and bushes that grow there naturally, and for other related tasks that come up from time to time on this ten acre property." No business use on -site is indicated. 36. Per the site visit by City staff on August 11, 2015 and conversations with the Applicant at the Site, however, the Kubota tractor is used for spreading leaves from the business deposited on the property and left to decompose. 37. Per the site visit by City staff on August 11, 2015, conversations with the Applicant at the Site, and the videos submitted by Gary and Deana Schenk (adjacent property owners north of the Site) received on September 2, 2015, the leaves and grass clippings from the business are currently primarily deposited in an area located east of the horse stable and extending approximately 400' northward and screened in all directions by trees ( "Exhibit 19" / "Exhibit 22 "). While the Response to Comment Letter indicates that no brush piles are deposited on -site, per conversations with the Applicant at the Site, woody brush, such as the piles observed, is deposited by the business and temporarily stored on -site ( "Exhibit 19 "). 38. Per the site visit by City staff on August 11, 2015, on -site conversations with the Applicant, and the photographs and videos submitted by Gary and Deana Schenk (adjacent property owners north of the Site) received on September 2, 2015, grass, leaves, and woody brush have historically been and are also deposited in the pasture north of the screened area and al Home Occupation Permit — Green River Landscape Inc, (MIS15 -0004) Staff Report September 9, 2015 Page 7 east of the driveway ( "Exhibit 20" / "Exhibit 23" / "Exhibit 24 "), Additionally, the Applicant indicated that on an occasional basis, the pasture west of the driveway is used to deposit landscape materials ( "Exhibit 21 "). No recently placed landscape materials (yard waste from the home occupation) were discernible in either location. 39. Although the Site is located outside of the City's contracted solid waste service area, the City's regulations regarding "compostables" is included below as basis for comparison to those properties that are subject to the City's solid waste regulations. Per ACC 8.08.030(G), "compostables" includes yard debris, shredded compostable mixed paper, and food scraps separately or combined. 40. By comparison to the City's regulations, "compostables" include the grass, leaves, and woody brush deposited by the home occupation. Per the City's Solid Waste Regulations under ACC 8.08.130, "compostables" are required to be placed in approved collection containers "except, that vegetable wastes, ashes, leaves, grass, plant cuttings and other organic debris may be composted on private premises, providing the compost site is maintained so as not to create odors, expose raw garbage, allow garbage to become scattered or increase the risk from pests." Per ACC 8.08.030(M), "`garbage' shall not include special wastes, swill, construction /demolition materials segregated from other wastes, or source- separated recyclables and compostables." 41. Per the site visit by City staff on August 11, 2015, no discernible odors from nor any raw garaged exposed by the landscape materials deposited on -site were observed. 42. Per ACC 15.74.050(L), the following is exempt from obtaining a Grading Permit: "Upon approval of the city engineer or his /her designee, the broadcasting of less than 500 cubic yards of topsoil, peat, sawdust, mulch, bark, chips, or solid nutrients used for landscaping or soil conditioning on a lot, tract or parcel of land during any 24 -month period, provided the finished depth does not increase the grade from the existing grade by more than eight inches." 43. The rate of decomposition of leaves and yard waste is dependent on a number of factors and is variable. 44. Absent any survey of the Site prior to commencement of home occupation activities and survey of the Site as it exists currently, it is not apparent whether or not the deposited leaves in its final state constitutes more than a cumulative five hundred (500) cubic yards of fill or whether or not the grade has been raised by more than eight (8) inches in a 24 -month period. 45. Absent any management plan for the leaves and yard waste to be deposited by the business and subsequent composting, it is not apparent whether or not a Grading Permit would be required. 46. Per the "Response to Comment Letter ", grass clippings are typically consumed "within a few days" by farm animals maintained on -site. Special Home Occupation Permit — Green River Landscape Inc. (MIS15 -0004) Staff Report September 9, 2015 Page 8 47. Per the "Response to Comment Letter ", five (5) cows, two (2) horses, one (1) pony, one (1) dog, and twelve (12) chickens are maintained on -site. Per City staff's site visit on August 11, 2015, the animals observed did not exceed these numbers, 48. Per ACC 18.31.230, large size animals (horses, ponies, donkeys, cows, standard size goats, llamas, oxen, standard size pigs) are permitted at one (1) per 21,780SF for lots that are at least 43,5608F, domestic fowl (chickens, turkeys, geese, ducks) are permitted at four (4) for lots that are at least 6,000SF and one (1) additional for every additional 2,000SF, and household pets (dogs, cats, rabbits, caged indoor birds, small rodents, and if weighing less than 10 pounds any non - venomous reptiles and amphibians) are permitted at four (4) per dwelling. 49. Per the Application, a sight- obscuring fence 6' in height is proposed along the entirety of the west and north property lines, "which would screen any use of the premises from passersby on the street as well as from the residences to the north of the property." 50. Per the fence regulations found under ACC 18.31.020, a sight- obscuring fence 6' in height is permitted without a Building Permit in the R1 Residential zone in all setback areas, except in the front setback area where the fence is limited to 3.5' in height unless the fence allows visibility. 51. Per ACC 18.04.570, the "front lot line" for interior lots abuts the street right -of -way. Per ACC 18.04,805, "`right -of -way' is property in which the city has any form of ownership or title and which is held for public purposes as provided for under ACC Title 12 and the city design and construction standards." 52. The north property line abuts the 140th AVE SE right -of -way and is therefore the "front lot line" from which the 35' front setback is measured for the R1 Residential zone per ACC Table 18.07.030. 53. The two (2) resident - owners ( "Property Owner ") and one (1) non - resident owner ( "Applicant ") of the business employs twenty (20) employees who park their personal vehicles on an existing graveled parking area 7:00am — 3:30pm and work off -site for the duration. The Application did not specify what days of the week the business is in operation. 54, Per the site visit by City staff on August 17, 2015, the observation log of vehicles submitted by Gary and Deana Schenk (adjacent property owners north of the Site) and received on August 26, 2015 ( "Observation Log "/"Exhibit 12 "), and email correspondence with Gary and Deana Schenk ( "Exhibit 11 "), personal and business vehicles arrived to and departed from the Site outside of a 10 -15 minute window before 7:00am and after 3:30pm. While it is not definitively established that the personal vehicles are non - resident employee vehicles, the five (5) out of the six (6) mornings, the "Observation Log" included personal vehicles arriving at the Site no later than before between 6:00 and 6:30am. City staff observed one (1) business vehicle returning after 3:45pm, and the "Observation Log" included business vehicles returning to the Site after 3:45pm all seven (7) afternoons observed. Two (2) out of Special Home Occupation Permit — Green River Landscape Inc. (MIS15 -0004) Staff Report September 9, 2015 Page 9 the seven (7) afternoons, the "Observation Log" included personal vehicles departing the Site after 6:00pm. 55. The "Observation Log" also included personal and business vehicles departing the Site between 4:00 and 6:00pm, which is considered the City's "PM peak hour" per ACC 19.04.020(6), 56. Per the City's Traffic Engineer, James Webb, based on an average of 15 PM peak hour trips observed in the Observation Log, a Traffic Impact Fee of $43,850.52 is applicable for a 25- employee business ( "Exhibit 13 "). 57. City staff emailed the Agent and Application for clarification of days and hours of operation (specifically, when the first employee or business vehicle arrives in the morning and when the last vehicle leaves in the afternoon) on August 27, 2015 ( "Exhibit 11"), The City has not received a response as of this report's writing, 58. Per the "Response to Comment Letter" and conversations with the Applicant, at the Site on August 11, 2015, however, employee hours can be adjusted to comply with the City's criteria for home occupations contained in ACC 18.60.020. 59. Per ACC 18.60.040(A), home occupations that can only meet 11 or 12 of the 13 requirements as outlined in ACC 1.8,60.020(A) through (M) require an approved "Special Home Occupation Permit" to be granted by the Hearing Examiner and the home occupation must meet at least 11 out of the 13 criteria ACC 18.60.020(A) through (M), as follows: "18.60.020 Requirements A. Only members of the immediate family residing on the premises and no more than one nonresident may be employed at any one time; provided, that home occupations with a nonresident employee shall provide off - street parking for the employee on site; B, No mechanical equipment is used except such as is commonly or customarily used for domestic, household or personal purposes for a dwelling unit (or as deemed similar in terms of power, quantity, noise, emissions and type); C. Not more than one- fourth of the floor area of any building is devoted to such occupation, except for bed and breakfasts; D. That such occupation shall not require internal or external alteration or involve construction features not customarily found in a dwelling; E. The home occupation shall not involve the use of personal commercial vehicles as defined in ACC 18.04.245 for the distribution of materials to or from the premises. Deliveries or pickups by commercial delivery services shall not apply toward this limitation provided such pickup or delivery does not exceed twice per day; Special Home Occupation Permit — Green River Landscape Inc. (MIS15 -0004) Staff Report September 9, 2015 Page 10 F. The conduct of any home occupation, including but not limited to the storage of goods and equipment, shall not reduce or render unusable areas provided for the required off - street parking. Additional parking is not allowed in order to conduct a home occupation, except what may be required through the issuance of a special home occupation permit pursuant to ACC 18.60.040; G. Only one sign is permitted, not to exceed 18 inches by 24 inches in area, non - illuminated, and attached to a building, except that home occupations in commercial or industrial zones may have signs consistent with the applicable zoning district; H. No display pertaining to the occupation, other than the one permitted sign, is visible from the street or adjacent residences; I. No more animals are maintained on the premises than what may otherwise be permitted in the zone; J. Except for bed and breakfasts, employee and customer visits shall be limited to the following hours of operation: 1. Employees from 8:00 a.m, to 6:00 p.m. Monday through Friday and from 9:00 a.m. to 6:00 p.m. on Saturday and Sunday, 2, Customers from 9:00 a.m. to 6:00 p.m.; K. Traffic generated by the home occupation shall be limited to a maximum of eight (two -way) client /delivery - related trips per day for those home occupations that operate by appointment only and do not have overlapping client visits. All other home occupations shall be limited to five (two -way) client /delivery trips per day; L. Outdoor storage of materials, goods, products or equipment is not allowed; M. The home occupation is to be conducted in such a manner that the residence shall not differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emissions of sounds, noises, vibrations or odors or result in traffic impacts inconsistent with the character of the area in which the home occupation is located." 60. The purpose of the city's home occupation regulations is as follows: "18.60.010 Purpose The purpose of a home occupation is to allow certain activities to be undertaken for gain or profit within a dwelling or a building accessory to a dwelling in any zone in which dwellings are present. The home occupation shall be conducted by a resident of the dwelling unit and is to be conducted in such a manner that the residence shall not differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emissions of sounds, noises, vibrations or odors, Special Home Occupation Permit — Green River Landscape Inc, (MIS15 -0004) Staff Report September 9, 2015 Page 11 or result in traffic impacts that are inconsistent with the character of the area in which the home occupation is located." 61. A combined Notice of Application and Notice of Public Hearing ( "Exhibit 5 ") was issued on July 20, 2015. The City has received two comment letters on the Special Home Occupation Permit, both dated July 30, 2015 and received on August 4, 2015, the conclusion of the minimum 15 -day comment period. The letters expressed concerns regarding the SHOP application and are summarized as follows: • Continued operation of the home occupation without a City Business License; • Use of an off -site address for Washington State Department of Revenue (DOR) Business License registration; • Unpermitted filling and grading activity, including fill of a wetland; • Unpermitted expansion of graveled parking area and parking previously screened; • Drainage impacts associated with unpermitted filling and grading activity and expansion of the graveled parking area; • Unpermitted enclosed garage used for the business; • Queuing of non - resident employee vehicles outside of the locked gate and blocking access to driveways and mailboxes; • Safety concerns due to loitering by individuals waiting to enter; • Employee and business vehicles arriving and departing the Site outside of the proposed 7:00am — 3:30pm hours of operation and arriving and departing throughout the day to deposit landscape materials and refill water jugs; • Deliveries of tools and uniforms for the home occupation when employees are working off -site; • Noise associated with back -up alarms, truck engines, and equipment; • Use of commercial vehicles for the business; • Outdoor lighting added as theft deterrent; • Visual impacts from the landscape materials deposited by the home occupation; • Outdoor storage of materials, goods, products, and equipment; • Precedent for rezoning or use of adjacent properties for commercial purposes; Special Home Occupation Permit — Green River Landscape Inc. (MIS15 -0004) Staff Report September 9, 2015 Page 12 • Expansion of the business (in particular, the number of employees and to properties west of 140`" AVE SE); • General inconsistency with the "rural" neighborhood and R1 Residential zone; • Crime and litter associated with the business; and • Negative impacts to property values. 62. A combined Notice of Cancellation of Public Hearing and Notice of Revised Public Hearing was issued on August 17, 2015 ( "Exhibit 6 ") and was posted on -site, posted at the entrance to City Council Chambers, posted on the City's website, posted in The Seattle Times, and mailed to all property owners within 300' of the subject property and to all interested parties, including parties of record. The public hearing notice was issued a minimum of 10 days prior to the public hearing as required by ACC 2.46.130, IV. CONCLUSIONS: The City's Special Home Occupation Permit regulations, ACC 18,60.040, provide certain criteria for approval of a Special Home Occupation Permit. The following is a list of these criteria (in italics) and staff analysis of how the Project compares to the criteria: A. Special home occupation permits are required and must be granted by the hearing examiner for the following uses, even if the use meets all of the requirements of ACC 18.60.020(A) through (M), but in no case shall any home occupation meet less than 11 of the 13 requirements: 6. Home occupations that can only meet 11 or 12 of the 13 requirements as outlined in ACC 18.60.020(A) through (M). Staff Analysis: The home occupation is a landscape contractor business conducted out of a residence that can meet at least 11 of the 13 requirements per ACC 18.60.020(A) through (M), as conditioned. The non- resident Applicant and resident Property Owners employ twenty (20) non - resident employees. Staff recommends conditioning the SHOP so that the home occupation cannot employ more than twenty -five (25) non - resident employees, inclusive of the Applicant. The 27,000SF partially graveled parking area located west of the converted detached garage is capable of providing parking for twenty -five (25) non - resident employee vehicles and business vehicles. Staff recommends conditioning the SHOP so that all vehicles are limited to parking on a fully - graveled surface, as consistent with ACC 18.52.050(E)(2)(d), the City's regulations for surfacing parking spaces in addition to those required for a single - family residence. The existing twenty -one (21) non - resident employees inclusive of the Applicant exceed the one (1) non - resident employee permitted by criterion ACC 18.60.020(A) by twenty (20) employees. If expanding to twenty -five (25) non - resident employees inclusive of the Applicant, the maximum as conditioned, the number of non- Special Home Occupation Permit — Green River Landscape Inc. (MIS15 -0004) Staff Report September 9, 2015 Page 13 resident employees exceeds the criterion by twenty -four (24) employees. Staff finds that the home occupation does not meet ACC 18.60.020(A). While the Application indicates the Applicant complies with the criterion limiting mechanical equipment to those "commonly or customarily used for domestic, household or personal purposes for a dwelling unit (or as deemed similar in terms of power, quantity, noise, emissions, and type) ", based on staff observations and conversations with the Applicant at the Site, mechanical equipment atypical of a dwelling is utilized for business purposes at the Site. Specifically, the Kubota tractor is used for spreading leaves from the business deposited on the property and left to decompose. However, staff recommends conditioning the SHOP so that the only landscape material permitted for deposition by the business on the property are grass clippings (not leaves), for consumption by animals maintained on the Site. Therefore, the Kubota tractor will only be used at the Site for personal purposes. Specifically, this is "to spread horse manure generated by horses kept on the property, to push and pile brush that collects on the property from the trees and bushes that grow there naturally, and for other related tasks that come up from time to time." Other mechanical equipment observed atypical of dwellings and associated or potentially associated with the business include backhoes, a chipper, an air compressor, waste receptacles, and generators. While the mechanical equipment may potentially be utilized for regular landscaping and other maintenance of the Site, it is difficult if not impossible for City staff to ascertain whether the equipment is used for business or personal purposes. As a result, staff recommends conditioning the SHOP so that the backhoes, chipper, air compressor, generators, and other potential business - related mechanical equipment cannot be used at the Site, with the exception that the Kubota tractor and generators providing temporary heating or electricity to the existing single - family residence are permitted. Staff finds that the home occupation meets ACC 18.60.020(B), as conditioned. Based on the "Response to Comment Letter ", only an approximately 120SF bedroom (8% of the existing 1,550SF single - family residence) containing a phone and fax machine is used for the business. Based on staff observations, the Kubota trailer occupies 52SF of an approximately 450SF semi - enclosed shed tangent to the northwest corner of the horse stable. Staff recommends conditioning the SHOP so that the proposed building addition for permanent storage of the home occupation's materials, goods, products, and equipment (other than pick -up trucks and trailers), cumulative of any existing floor area used for the home occupation, not exceed 25% of the total building floor area. Staff finds that the home occupation meets ACC 18.60.020(C), as conditioned. While a building addition is proposed to permanently address the home occupation's storage needs, storage (typically in the form of a garage or detached shed) is typical to that of a dwelling. Additionally, staff recommends conditioning the SHOP so that the proposed building addition for the business is complementary of the existing single- family residence, including, but not limited to, height, rooflines, fenestration, articulation, and exterior materials. Staff finds that the home occupation meets ACC 18.60.020(D), as conditioned. Based on the Application and staff observations, no personal "commercial vehicles" as defined per the City's home occupation regulations are utilized, That being said, the potential impacts from the departures and returns of business vehicles are addressed in staff's analysis of consistency with ACC 18.60.020(M). Though no commercial vehicles for delivery to the Site were specified per the Application nor observed by staff, deliveries of uniforms and tools were observed per the comments received for the home occupation. To Special Home Occupation Permit — Green River Landscape Inc. (MIS15 -0004) Staff Report September 9, 2015 Page 14 ensure consistency with this criterion, staff recommends conditioning the SHOP so that deliveries by commercial vehicles, including, but not limited to that of tools and uniforms, shall not exceed two (2) per day. Staff finds that the home occupation meets ACC 18.60.020(E), as conditioned. Based on the Application and staff observations, non- resident employee and business vehicle parking occurs on the 27,000SF partially graveled parking area west of the converted detached garage. The existing paved area in front of the converted detached garage contains off - street parking for four (4) vehicles, which exceeds the minimum two (2) off - street parking spaces required by ACC Table 18.52.020 for single - family residences. No outdoor storage occupies any required parking area. Previous expansion of the graveled parking area and potential future expansion of the graveled parking area was /is required to accommodate parking of non - resident employees and business vehicles on a fully graveled surface. Staff recommends conditioning the SHOP so that a Grading Permit, unless otherwise exempt, and a Storm Permit be obtained based on cumulative of the previous expansion and potential future expansion of the graveled parking area in order to comply with all SHOP conditions of approval. Staff finds that the home occupation meets ACC 18.60.020(F). No sign was proposed in the Application or observed by staff at the Site. Staff finds that the home occupation meets ACC 18.60.020(G). No display pertaining to the occupation was proposed in the Application or observed by staff at the Site. While display is not defined in Chapter 18.04 ACC — Definitions, staff does not find that the deposition of landscape materials and parking of non - resident employee and business vehicles a display for the purposes of evaluating consistency with the criterion of ACC 18.60.020(H), as the neither activity explicitly advertises the home occupation to the public, especially given the location of the Site. Furthermore, staff recommends conditioning the SHOP to limit the deposition of landscape materials to grass clippings only, for consumption by animals maintained on the Site, and the parking area is screened by trees on the south, east, and west sides, with the adjacent north property more than 400' away. Staff finds that the home occupation meets ACC 18.60.020(H). Based on the Response to Comment Letter and staff observations, no more animals are maintained on the premises than what may be authorized by ACC 18.31.230. Staff finds that the home occupation meets ACC 18.60.020(1). While the Application specifies that the hours of operation are 7:00am to 3:00pm, based on the Observation Log, personal vehicles regularly arrive between 6:00 and 6:30am and leave after 3:45pm, including two (2) out of seven (7) days where personal vehicles departed after 6pm. The arrivals and departures observed are not only inconsistent with the Application, but also inconsistent with the City's home occupation regulations. However, per the Application and conversations with the Applicant at the Site, the Applicant is willing to revise its hours of operation in order to be consistent with the City's home occupation regulations. Consequently, staff recommends conditioning the SHOP so that the hours of operation are revised to 8:00am to 6:00pm, provided that the required Traffic Impact Fee is paid prior to Business License issuance or if not paid, revised to 8:00am to 4:00pm. Staff finds that the home occupation meets ACC 18.60.020(J), as conditioned. Special Home Occupation Permit — Green River Landscape Inc. (MIS15 -0004) Staff Report September 9, 2015 Page 15 No customer visits to the Site were proposed in the Application. Though no commercial vehicles for delivery to the Site were specified per the Application nor observed by staff, deliveries of uniforms and tools were observed as identified in the comments received for the home occupation. To ensure consistency with this criterion, staff recommends conditioning the SHOP so that deliveries do not exceed five (5) trips per day, inclusive of two (2) deliveries by commercial vehicles. While the number of non - resident employee and business vehicles were not considered as part of the analysis for consistency with this criterion, the potential impacts from the departures and returns of non - resident employee and business vehicles are addressed in staff's analysis, of consistency with ACC 18.60.020(M). Staff finds that the home occupation meets ACC 18.60.020(K), as conditioned. Based on the Application, Building Permits for the proposed building addition to permanently store business materials, goods, products, and equipment will be submitted no later than ninety (90) days after the SHOP decision, if approved. Based on staff observations, however, the existing shipping containers at the Site, which are only permitted with an approved Temporary Use Permit, do not contain all of the materials, goods, products, and equipment related to the business. Some of those materials, goods, products, and equipment are stored outside with other equipment utilized on the property for personal purposes. To eliminate the existing outdoor storage on the property and as it is difficult if not impossible for City staff to ascertain whether equipment stored outside capable of use for business or personal purposes is used for business or personal purposes, staff recommends conditioning the SHOP as follows: • All outdoor storage related to the home occupation is prohibited. Stacked firewood, horse trailers, utility trailers, and goods, materials, products, and equipment not associated potentially with the home occupation are excepted. The Applicant shall submit to the City a complete Temporary Use Permit application for the existing shipping containers on -site. The complete Temporary Use Permit application shall be submitted within fifteen (15) days and secured within forty -five (45) days of the end of the seven (7) day reconsideration period for the Hearing Examiner decision or if applicable, the final Hearing Examiner decision per ACC 2.46.150. Extension of the Temporary Use Permit is not permitted, • All storage shall be within the existing shipping containers on -site, for the duration permitted by the Temporary Use Permit, or within a building provided the cumulative floor area uses by the home occupation does not exceed 25% of the total building floor area. The Applicant shall submit to the City a complete Building Permit application for the proposed building addition providing permanent storage for the home occupation within ninety (90) days, secured within one hundred eighty (180) days, and completed and finaled within two hundred seventy (270) days the end of the seven (7) day reconsideration period for the Hearing Examiner decision or if applicable, the final Hearing Examiner decision per ACC 2.46.150. • Grass clippings, placed for consumption by farm animals maintained on -site, shall be only placed in an area walled on three (3) sides, roofed, and located adjacent to the Special Home Occupation Permit — Green River Landscape Inc. (MIS15 -0004) Staff Report September 9, 2015 Page 16 south property line in the vicinity of the graveled parking area or horse paddock or adjacent to the east property line within the forested area. To prevent odors, no more than can be reasonably consumed by farm animals maintained on -site and no long- term stockpiling shall be permitted. This grass clipping storage area shall be inspected and approved prior to issuance of the Business License. Staff finds that the home occupation meets ACC 18.60.020(L), as conditioned. The home occupation is also not anticipated to be conducted in a manner atypical of a residence. Per the staff - recommended conditioning of the SHOP, the proposed building addition for the home occupation is required to be complementary of the existing single - family residence, including, but not limited to, height, rooflines, fenestration, articulation, and exterior materials. Staff also recommends conditioning of the SHOP so that an outdoor lighting plan is submitted for all existing and proposed lights for the parking area as consistent with the Chapter 18.55 ACC — Outdoor Lighting. Moreover, no signs are proposed or observed and sounds, noises, and vibrations inconsistent with the character of the area are not anticipated per the staff - recommended conditions of the SHOP. These conditions include; • Limiting the outdoor activity on the Site to only vehicles arriving and departing within the hours permitted by the City's home occupation regulations and to deposition of grass clippings, for consumption by animals maintained on -site, in the vicinity of the graveled parking area or horse paddock or adjacent to the east property line within the forested area; • Requiring the Applicant to move the gate approximately 475' into the driveway, which would accommodate twenty (25) vehicles queuing (based on the standard angled parking space of 9' by 19' per ACC Table 18.52.050) in the event that the gate is locked, which was observed in one (1) out of the seven (7) days per the Observation Log despite the "Response to Comment Letter" assuring that this would not occur; • Paving the entirety of the driveway, which is currently partially paved, as consistent with ACC 18.52.050(E), to eliminate noise produced from vehicles traveling over gravel; and • Prohibiting honking by any vehicle at the Site. No odors were observed or are anticipated as staff is recommending conditioning of the SHOP such that only grass clippings are deposited, for consumption by animals maintained on -site, in the vicinity of the graveled parking area or horse paddock or adjacent to the east property line within the forested area. While the scale of traffic anticipated appears to be inconsistent with the character of area, the ten (10) acre Site could potentially be developed into ten (10) single- family residences per ACC 18.21.030(B), the City's development regulations for property located in the "Urban Separator Overlay ". Assuming each single - family residence owns two (2) personal vehicles, as ACC Table 18.52.020 requires that minimum two (2) off - street parking spaces be provided, twenty (20) vehicles can be expected of the Site, if subdivided. This is comparable to the total twenty -five (25) non - resident employees and vehicles, as conditioned. In addition, each residence is permitted to be used as a home occupation provided it is consistent with all thirteen (13) criteria of ACC 18.60.020. A contractor with no non - resident employees, customer visits, or deliveries using the single - family residence as Special Home Occupation Permit — Green River Landscape Inc. (MIS15 -0004) Staff Report September 9, 2015 Page 17 an office only and parking a business vehicle on -site would easily meet all thirteen (13) of ACC 18.60.020's criteria and would be permitted outright. In other words, ten (10) business vehicles may be permitted outright if the Site is subdivided. While the number of business vehicles is not specified, the number of business vehicles observed by staff did not exceed ten (10) vehicles. To ensure that the scale of traffic is maintained, staff recommends conditioning the SHOP so that no more than ten (10) business vehicles and trailers are parked at the Site, and that business vehicles may not depart and return outside of the hours of operation permitted Traffic impacts associated with queuing of vehicles on 140t" AVE SE is addressed in the staff - recommended Condition of Approval above, and traffic impacts during the PM peak hour are addressed by the Condition of Approval recommended by staff and described under the staff analysis addressing ACC 18.60.020(J). Staff finds that the home occupation meets ACC 18.60.020(M), as conditioned. The home occupation meets 12 out of 13 criteria per ACC 18.60.020(A) through (M). Staff therefore finds the home occupation meets ACC 18.60.040(A), as conditioned. Q. In considering applications for special home occupation permits, the hearing examiner shall consider the nature and conditions of all adjacent uses and structures. No such special home occupation permit shall be authorized by the hearing examiner unless the hearing examiner finds that: 1. The authorizing of such special home occupation permit will not be materially detrimental to the public welfare or injurious to the property in the zone or vicinity in which the property is located; and 2. The authorization of such special home occupation permit will be consistent with the spirit and purpose of this title. Staff Analysis: Authorization of the Special Home Occupation Permit for the home occupation will not be materially detrimental to the public welfare or injurious to the property in the zone or vicinity in which the property is located, with the staff recommended conditions. The home occupation, while only required to meet eleven (11) out of the thirteen (13) criteria of ACC 18.60.020(A) though (M), meets twelve (12) out of the thirteen (13) criteria and accounts for any potential materially detrimental impacts from the inability to meet one (1) of the thirteen (13) criteria, as addressed in the 'Staff Analysis' for consistency with ACC 18.60.040(A). The `f=indings of Fact' and 'Staff Analysis' for consistency with ACC 18.60.040(A) have also addressed almost all of the comments on the home occupation as it pertains to potential impacts materially detrimental to the public welfare or injurious to the property in the zone or vicinity. The potential storm drainage impacts that result from past filling activity (i.e. the deposition of landscape materials) are civil matters to be resolved between property owners, as the City has not determined that it is not exempt from obtaining a Grading Permit and Storm Permit based on the information available. To ensure that there is no potential for future impacts, staff is recommending that the SHOP be conditioned so that the only landscape material permitted for deposition by the business at the Site are grass clippings, for later consumption by animals maintained on the Site. It is a common practice for landscape maintenance companies to take yard waste to local composting facilities Special Home Occupation Permit — Green River Landscape Inc. (MIS15 -0004) Staff Report September 9, 2015 Page 18 such as Cedar Grove or Iddings. Regarding littering and criminal activities, these behaviors can only be regulated to the extent that the ACC addresses them, as there is no substantive finding that any littering or criminal activity in the vicinity is associated with the home occupation. These behaviors are regulated and addressed at the level of an individual and at the time that there is a violation. The City cannot assume that any individual employed by the home occupation is likely to engage in these types of behaviors. It is also the City's position that denial of a SHOP application based on the possibility of bad behavior by some individuals is not sound, reasonable, consistent, or fair. Furthermore, there is no substantive finding that the home occupation, which is residential in character as conditioned, negatively impacts property values in the vicinity. Lastly, as SHOP applications are reviewed on case -by -case basis for consistency with City policies and regulations, approval of the SHOP will not set a precedent in support of SHOP application for any and all businesses proposed in the vicinity. As consistent with the purpose of home occupations, the home occupation is undertaken for gain or profit within a dwelling, the extent of outdoor activity will be limited, the home occupation is conducted by a resident of the existing dwelling, and the home occupation will not differ in character from that of a residence, as conditioned. As a result, it is also not detrimental to environment of a residential estate, and consistent with the intent of the R1 Residential zone. Staff therefore finds the home occupation meets ACC 18.60.040(B), as conditioned. V. STAFF RECOMMENDATION APPROVE wITH CONDITIONS VL CONDITIONS OF APPROVAL Recommendation of approval for this Special Home Occupation Permit is based upon compliance with the project description and Conditions of Approval as provided in the Special {-tome Occupation Permit application (File No. MIS15 -0004) and the Conditions of Approval set forth below. Any deviations from the project description, exhibits, timing, or conditions must be reviewed and approved by the City of Auburn for conformity with this approval. Any change from these may require administrative or Hearing Examiner approval of changes to the permit and /or environmental review. 1. The home occupation shall only operate between the hours of 8:00am and 6:00pm Monday through Friday and between the hours of 9:00am and 6:00pm on Saturdays and Sundays. No vehicle associated with the home occupation shall arrive or depart from the Site outside of these hours. 2. No Business License shall be issued until the City's Traffic Impact Fee is paid or written affidavit provided by the Applicant demonstrating revised hours of operation outside of the 4:00pm to 6:00pm PM peak hour is provided to the City. 3. The home occupation shall not employ more than twenty -five (25) non - resident employees, inclusive of the non- resident Applicant. Prior to issuance of the initial Business License and then on an annual basis prior to Business License renewal, a al Home Occupation Permit — Green River Landscape Inc, (MIS15 -0004) Staff Report September 9, 2015 Page 19 written affidavit provided by the Applicant demonstrating the number of non- resident employees employed is no more than twenty -five (25) shall be provided to the City. 4. Honking by any vehicle on -site shall be prohibited. 5. No Business License shall be issued until the existing vehicle gate at northwest corner of the Site is moved approximately 475' into the driveway, approximately 75' south of the on -site turnoff to the east pasture, to accommodate potential queuing of business - related vehicles on -site. 6. The Business License shall be secured within forty -five (45) days of the Hearing Examiner decision. 7. The entirety of the driveway shall be paved (not graveled), as consistent with the requirements of ACC 18.52.050(E). The required Storm Permit application and Grading Permit application, unless otherwise exempt, for paving of the driveway shall be submitted to the City within forty -five (45) days and secured within ninety (90) days of the end of the seven (7) day reconsideration period for the Hearing Examiner decision or if applicable, the final Hearing Examiner decision per ACC 2.46.150. 8. Parking of all vehicles shall be on graveled or paved surfaces on -site. 9. The Applicant shall submit to the City a complete Storm Permit application consistent with the City's 2009 Surface Water Management Manual (SWMM) and a Grading Permit application, unless otherwise exempt, for expansion of the graveled parking area cumulative of expansions since acquisition of the Site on March 21, 2011 and expansions required to comply with Special Home Occupation Permit (SHOP) Conditions of Approval. The complete Storm Permit and Grading Permit applications shall be submitted within forty -five (45) days and secured within ninety (90) days of the end of the seven (7) day reconsideration period for the Hearing Examiner decision or if applicable, the final Hearing Examiner decision per ACC 2.46.150. 10, Deliveries to the Site by "commercial vehicles" as defined per ACC 18.04.245 shall be limited to two (2) two -way trips per day. 11. Deliveries to the Site by any vehicle shall be limited to five (5), two -way trips per day. 12. All mechanical equipment atypical of dwellings, in terms of power, quantity, noise, emissions, and type, and associated potentially with the home occupation shall not be used on -site. The Kubota tractor, future replacements that functions similarly, and generators providing temporary heating or electricity to the existing single - family residence are excepted. 13. All outdoor storage related to the home occupation is prohibited. Stacked firewood, horse trailers, utility trailers, and goods, materials, products, and equipment not potentially associated with the home occupation are excepted. 14. The Applicant shall submit to the City a complete Temporary Use Permit application for the existing shipping containers on -site. The complete Temporary Use Permit application shall be submitted within fifteen (15) days of the Hearing Examiner decision Special Home Occupation Permit — Green River Landscape Inc. (MIS15 -0004) Staff Report September 9, 2015 Page 20 for the SHOP and secured within forty -five (45) days of the Hearing Examiner decision. Extension of the Temporary Use Permit is not permitted. 15. All storage shall be within the existing shipping containers on -site, for the duration permitted by the Temporary Use Permit, or within a building provided the cumulative floor area uses by the home occupation does not exceed 25% of the total cumulative building floor area. Expiration of the Temporary Use Permit shall not be construed as an exemption to this Condition of Approval. 16. The Applicant shall submit to the City a complete Building Permit application for the proposed building addition providing permanent storage for the home occupation within ninety (90) days, secured within one hundred eighty (180) days, and completed and finaled within two hundred seventy (270) days of the end of the seven (7) day reconsideration period for the Hearing Examiner decision or if applicable, the final Hearing Examiner decision per ACC 2.46.150. 17. No Building Permit shall be issued for the proposed building addition providing permanent storage for the home occupation unless the cumulative floor area used by the home occupation does not exceed 25% of the total cumulative building floor area. 18. No Building Permit shall be issued for the proposed building addition providing permanent storage for the home occupation unless the design of the building is complementary of the existing single - family residence with regards to including, but not limited to, height, roofline, fenestration, articulation, and exterior materials. 19, Landscape materials from home occupation activities, excepting grass clippings for consumption by farm animals maintained on -site, shall not be deposited at the Site and shall be properly disposed of off -site. 20. Grass clippings, placed for consumption by farm animals maintained on -site, shall be only placed in an area walled on three (3) sides, roofed, and located adjacent to the south property line in the vicinity of the graveled parking area or horse paddock or adjacent to the east property line within the forested area. To prevent odors, no more than can be reasonably consumed by farm animals maintained on -site and no long- term stockpiling shall be permitted. This grass clipping storage area shall be inspected and approved prior to issuance of the Business License. 21. The SHOP shall be revoked in the event that the home occupation is issued (3) formal Notice to Correct Violations, citations, or infractions within any (12) month period, whether for public nuisances, inconsistency with the terms of SHOP approval, inconsistency with the terms of Business License approval, or any other inconsistency with the ACC. EXHIBIT LIST Exhibit 1 Staff Report Exhibit 2 Business License Application (File No. BUS30279), Rec'd 10/24/14 Special Home Occupation Permit — Green River Landscape Inc. (MIS15 -0004) Staff Report September 9, 2015 Page 21 Exhibit 3 Special Home Occupation Permit Application (File No. MIS15 -0004) incl. Written Statement, Rec'd 6/5/15 Exhibit 4 Response to Comment Letter by Agent, Rec'd 8/5/15 Exhibit 5 Notice of Application (NOA), Notice of Public Hearing (NOPH), and Affidavits Exhibit 6 Revised Notice of Public Hearing (NOPH) and Affidavits Exhibit 7 Site Map Exhibit 8 City eGIS Aerial Map, 2012 Exhibit 9 Google Aerial Map, 2015 Exhibit 10 Comment Letters, Rec'd 8/4/15 Exhibit 11 Email Correspondence (Organized by Date) Exhibit 12 Observation Log, Rec'd 8/26/15 Exhibit 13 Traffic Impact Fee Calculation Exhibit 14 Photographs — Parking Area /Shipping Containers /Business Vehicles /Chipper, 8/11 /15 Exhibit 15 Photograph — Converted Detached Garage, 8/11/15 Exhibit 16 Photographs — Outdoor Lighting, 8/11/15 Exhibit 17 Photographs — Outdoor Storage, 8/11/15 Exhibit 18 Photograph — Kubota Tractor Shed, 8/11/15 Exhibit 19 Photographs — Primary Landscape Material Deposition Area, 8/11/15 Exhibit 20 Photograph — Secondary Landscape Material Deposition Area /Pasture, 8/11/15 Exhibit 21 Photograph — Occasional Landscape Material Deposition Area /Pasture, 8/11/15 Exhibit 22 Videos by Neighbor — Primary Landscape Material Deposition Area /Pasture (August 2015), Rec'd 9/2/15 Exhibit 23 Photographs by Neighbor — Secondary Landscape Material Deposition Area /Pasture (October 2014), Rec'd 9/2/15 Exhibit 24 Photographs by Neighbor — Secondary Landscape Material Deposition Area /Pasture (August 2015), Rec'd 9/2/15 Special Home Occupation Permit — Green River Landscape Inc. (MIS15 -0004) Staff Report September 9, 2015 Page 22 STAFF Prepared by: `rAd y Yao, lanner II Community Development & Public Works Department Reviewed by: D' , tanning ServicXs Manager mun Development & Public Works Department Special Home Occupation Permit — Green River Landscape Inc. (MIS15 -0004) Staff Report September 9, 2015 Page 23 I 15 DATE - I -- /S- DATE Exhibit 2 CITY ©F' GENERAL BUSINESS Form last updated on - _ = WASEIfNGTON LICENSE APPLICATION Nov 2013 Physical Address: Mailing Address: Webpage & Email: Phone and Fax: Auburn City Hail Annex, 2 "d Floor 25 West Main Street www,auburnwa.aov Phone: 253 -931 -3090 1 East Main Street Auburn, WA 98001 -4998 oermitcenterRauburnwa.gov Fax: 253 - 804 -3114 BUSINESS INFORMATION BUS# ` ❑ New Business ❑ New Location ❑ New Owner ❑ Name Change X Home Based Business Name of Business: t e-Cfl RiQer jett7C %e4 rXe1 =T n➢ e- Opening Day of Business: Business Phone: V5�), Site Address: _2 q A- A— 51F Suite # _, City: A -��1�� r,� !a! , Zip: ggaq � Business Fax: 05j) ,954-33/ 9 Business Email: (:�k� V1 PUOef je4nd5cet Website: IA-o vytal I � 0 m Type of Business: ❑ Retail 9th( Service ❑ Wholesale ❑ Manufacturing Number of Employees (including yourself): 25 Please describe your specific industry (e.g. restaurant, aerospace, medical): AyII�SG�i C? ^ \ ✓�v1• e, \yt.c\ ije °,e Type of Ownership: ❑ Sole Proprietorship Corporation ❑ LLC ❑ Partnership ❑ Non - Profit* *If this is a Non - Profit Organization exempt from taxation under 26 USC 501(c)(3) or (4) please provide IRS documentation. Washington State UBI# W2 ° 110 — / ti NAICS Code: &I T � i' *Both of the above items are available at the following website: htt :Hdor.wa. ov /content/doin business /r i Imli ess /brd/ Contractor ID# (if applicable): 61 � i. � � � �� Available at: �rh^ttpS; / /fortress.wa: ov /lni /bb•+ / Federal Tax Identification Number (EIN) — not applicable to a Sole Proprietor: �--� 4�� ,0� / 0 6�p rk, Oaf PROPERTYB.UILDING INFORMATIOIN . OW Parcel #: • Available at: http: / /www5.ldn county. ov /pareelviewer /viewer /ltingcounty /vie'w�r asp Total Building Square Footage: Square Feet Used for Business: Property Square Footage: Please provide estimated square footage information for each of the following activities: Retail: Service: Wholesale: Manufacturing: Please check any of the following boxes for the types of improvements that you are intending to perform o , t, tp and /or building (these are items that generally require other types of approvals or permits): ❑ Moving /erecting /removing walls ❑ Plumbing or Mechanical work ❑ Replace /remove window /door ❑ Replace /relocate signs /sign face El Modification of parking layout /striping ❑ Modify or create n efiflaoayc s Do you have a security alai-in system: ❑ Yes ❑ No If yes, resgistration is required. Please visit: htttps: / /wwmd N ss uburnwa/ BUSINESS ACTIVITY For each of the below questions there are references to supplemental forms. All forms referenced below are available for download at the following web address: http: / /www.aubuniwa.gov /services /resource library /forms.htm Will you be storing hazardous materials? Q 0 If yes, please attach Hazardous Materials Inventory Statement (available at above link). If you are a food service business you are required to provide a Fats, Oil, and Grease (FOG) Plan (available at above link). Is the business based out of your home? lr ° S If yes, please attach a Home Occupation Application form (available at above link). The following businesses require specializid licenses that require additional forms: Ambulance Services, Amusement Devices, Auto Races, Cabarets, Carnivals, Circuses, Dances, Fire Extinguisher Servicing, Massage Businesses, Health Salons, Public Bathhouses, Merchant Patrol, Private Detective, Motor Vehicle Wrecker, Outdoor Musical Entertainment, Pawnbroker, Solicitor, Taxicab and Tow Trucking. BUSINESS OWNER INFORMATION t Name-'Q A ( -eo Driver's License #; y Date of Birth: , Address: � � 20 City: State; l� Zip: ���/ �) Phone: �5�( "�- _ �'� (�� Fax: (2� Email�'✓� BUSINESS CO -OWNER INFORMATION (IF,APPLICABLE) Name: A _.1 -C '•Vl o Driver's License #: Date of Birth: Address: Ga r 141) City: t✓ t� �) State: Zip: ° (/ b Phone: n) K5� J3 -1/0 Fax: (��� �� �%' �j �! ��j Email: LOCAL EMERGENCY CONTACT INFORMATION Name: �,,� P* I`L Driver's License #; Date of Birth: Address: � �, ' L C J City: 6 01 State: . Zip: <7 2 Phone: 0M 950 • � /C J Fax: ( ) �, z/- ,3 0 Email: � ) Alternate Phone: 00 7 6-26 Alternate Fax: { ) Alternate Email: MAILING INFORMATION `(THIS IS WHERE BUSINESS LICENSE RENEWALS WILL BE SE T) f p Company Name: " � d �� I �t �I.�I,SC r De artment /Person: P Address: �(� X e� City: PC B 1 (�l y1 State: r Zip: r�l0,6 1 Phone: (2 I �"* Fax: i� 7 " EmaiL•�, ,gyp 1d t� '��t w&i -1 (� y //�� ' )l10 7 1. mo FEES URBAN CENTER_IlVFOI2MATION Business License - Applied at time o application submittal and each subsequent calendar year $50.00 d - uii !� L l �i CIiTCI fL " ' Inspection Fee - A one time fee paid at time of application, Not applied to home $63.00 businesses or businesses under building permit review and inspection ,_,L_.fT1IlE1Il Sf - I =� CL1 -In I �� — ;G ? , �+ #� ., .Y , r T �r�I�� :1� = �x��, = Specialized Licenses - For businesses that require a specialized license, an additional fee will be assessed at the time Various of submittal and each subsequent calendar year r _ �y _f L } 8 L LJL�1 I.� Business Improvement Area (BIA) - The Based BIA fee applies to businesses located in downtown Auburn (see adjacent map). Oil Square .. .•I� �y� -- - `'-`�- S 18 The fee is based on the square footage of the business. It is collected by the City of Feet of Space p - �,crr rFUT.7�r rT 1 • Number of employees as of January 1, 2013: Auburn and transmitted to the Auburn 2. Number of new employees added since last business license renewal: Downtown Association (ADA), 3, Estimated average annual wage + benefits of each employee: $ I hereby certify and declare under penalty of penury under Washington law that the statements furnished by me on this application are true and complete to the best of my knowledge. I understand that issuance of this license is conditioned upon compliance at all times with all applicable ordinances, regulations, conditions,,, rlid a atutes of the City of Auburn and the State of Washington. The issuance of this business license does not imply compliance with th i ig od'-'a id hiternational Fire and Building Codes. Name -' • Signature Date -V jv2p,-,Fv 0-1- J-1vVI-1, J-57op -:Rlml C J- V/ Name of Business: veea Name of Applicant: j � 9 � ( - M Address: 212 4 /'/-/I) L ui- f-- � '2- Phone Number. 03) 21 T ° si' o 2 Fax Number: ( 15) 9-541- 3313 Please describe in detail the business activity involved and if you will be having customers to your home: , r , P � , n 4---,A n . - . 41 it tel dA a _. Planned days and hours of operation: Refer to Auburn City Code (ACC) 18.60.020 (J) Type of equipment to be used: Refer to ACC 18.60.020 (8) Will commercial vehicles be parking at your home? Yes or No Number of employees working within the home other than yourself? Refer to ACC 18. 60.020 (A) Is offstreet parking available for employees? Yes or No _ Area of home (square feet) to be used for business: Refer to ACC 18. 60.020 (C) Will alterations of your home be required? Yes Refer to ACC 18. 60.020 (D) Size & number of signs: Refer to ACC 18.60.020 (G &H) For office use only Planning Department recommendation: or No Bus. Reg. # Approved: Special Home Occupation Permit Required: Yes No Approved with following conditions: Applicant must observe Auburn City Code 18.60.020 requirements. If you have any questions, please contact the Permit Center at (253) 931 -3020. Name of Business: 1,91Z'J - r Name of Applicant: L" Address: Phone Number. d V im, Fax Number. ( ) 65 Please describe in detail the business activity involved and if you will be having customers to your home: 645 rt 7�Ba kL V a Planned days and hours of operation: k " �— `-!, — '04,00P' -f Refer to Auburn City Code (ACC) 18.60.020 (J) Type of equipment to be used. o Refer to ACC 18.60.020 (8) Will commercial vehicles be parking at your home? Yes a or No Number of employees working within the home other than yourself? %' Refer to ACC 18.60.020 (A) Is offstreet parking available for employees? Yes or No Area of home (square feet) to be used for business: Refer to ACC 18.60.020 (C) Will alterations of your home be required? Yes or No Refer to ACC 18.60.020 (D) Size & number of signs: Refer to ACC 18.60.020 (G &H) For office use only Planning Department recommendation: Bus. Reg. # Approved: Special Home Occupation Permit Required. Yes No Approved with following conditions: Applicant must observe Auburn City Code 18.60.020 requirements. If you have any questions, please contact the Permit Center at (253) 931 -3020. Exhibit 3 r �, R [E]EeS E 0NL Y CITY OF AUBURN crrror Y Planning & development Department FILE #: ADBURN ✓ f� Auburn City Hall Annex, 2`" Floor FILE NAME: WASHINGTON 1 E=ast Main Street Auburn, Washington 98001 -4998 TYPE: RECEIVE _ VED Tel: 253.804. 11 FEES PAID: CHECK/CAS Fax: 253.804.3114 permitcenter{cr7�auburnwa -ctov SUBMITTAL DATE: www- auburnwa.gov LAND USE DESIGNATION: u1 SPECIAL EXCEPTION APPLICATION PFIy 0 AUBURN APPLICANT. I_ Use mailing address for meeting notification. :: Check box if Primary Contact COMPANY: Green River Landscape, Inc. ADDRESS: 29244 140th Ave SE (CITY, STATE, 21P) Auburn, WA 98092 PHONE: 253-217-8102 FAX: 253- 854 -3313 E -MAIL: greenriverlandscaping @hotmaii , com SIGNATURE: e,12, PRINTED NAME: Rodrigo Leos Rodriguez (Signatures equired) APPLICANT'S REPRESENTATIVE: IlCheck lox if Primary Contact COMPANY: John M. Casey, Curran Law Firm, P.S. ADDRESS: 555 W Smith Street, P.O. Box 140 (CITY, STATE, 21P) Kent, WA 98035 PHONE: 253-852-2345 FAX: 253 - 852 -2030 E -MAIL SIGNATURE: PRINTED (Signature Required) PROPERTY OWNER(S}: I Attach separate sheet if needed. COMPANY: Alfonso Leos and Gracia Leos ADDRESS: 29244 140th Avenue SE jcasey @curranfirm.com NAME: John M. Casey Check box if Primary Contact (CITY, STATE, ZIP) Auburn, WA 98092 PHONE: 253- 217 -8102 FAX: 253 -854 -3313 E -MAIL: greenriverlandscaping @hotmail.com PRINTED NAME: SIGNATURE:74 (Signa to re Required) Alfonso Leos Note: Applicant or representative must have property owner's consent to file this application form in order for it to be accepted PROPERTY INFORMATION (REQUIRED) SITE ADDRESS: 29244 140th Ave SE, Auburn, WA 98092 ASSESSOR'S PARCEL ID# LOT SIZE ZONING DISTRICT 032105 -9020 10 acre AREA TO 0 EVE L.OPED (s.f.): EXISTING USE OF SITE: Residential Use - one parcel of 10 acres with one home and various outbuildings PROPOSED USE OF SITE: See addendum. x . CITY OF AUBURN cirror AUBURNDepartment of Planning & Development WASHINGTON Auburn City Hall Annex, 2n" Floor 1 East Main Street Auburn, Washington 98001 -4998 Tel: 253.931.3990 Fax: 253.804.3114 permitcenter(cDauburnwa . gov www.auburnwa.gov SPECIAL EXCEPTION APPLICATION SPECIAL EXCEPTION - LETTER OF AUTHORIZATION LETTER FROM PROPERTY OWNER GRANTING AUTHORIZATION TO ACT (A copy of this letter must be submitted for each property owner involved) I Alfonso Leos laws of the State of Washington as follows; declare under penalty of perjury under the 1, 1 am the owner of the property that is the subject of the application. 2. 1 [ ] have not appointed anyone, or [X] have appointed John M. Casey and Rodrigo Leos Rodrique4 to act as my agent regarding this application. 3. All statements, answers, and information submitted with this application are true and correct to the best of my knowledge and belief. 4. 1 agree to hold the City of Auburn harmless as to any claim (including costs, expenses and attorney's fees incurred in the investigation of such claim) which may be made by any person, including the undersigned, and filed against the City of Auburn, but only where such claim arises out of the reliance of the City, including its officers and employees, upon the accuracy of the information provided to the City as part of this application. 5. 1 hereby grant permission for representatives of the City of Auburn and any other Federal, State, or local unit of government with regulatory authority over the project to enter onto my property to inspect the property, take photographs, and post public notices as required in connection with review of this application and for compliance with the terms and conditions of permits and approvals issued for the project. Sig ature Alfonso Leos Printed Name 29244 140th Ave SF Auburn, WA 98092 Add ress tel S Date Auburn, WA City and State where signed 4 SPECIAL EXCEPTION APPLICATION SPECIAL EXCEPTION - LETTER OF AUTHORIZATION LETTER FROM PROPERTY OWNER GRANTING AUTHORIZATION TO ACT (A copy of this letter must be submitted for each property owner involved) I Gracia Leos declare under penalty of perjury under the laws of the State of Washington as follows; 1. 1 am the owner of the property that is the subject of the application. 2. 1 [ ] have not appointed anyone, or [X] have appointed John M. Casey and Rodrigo Leos Rodriguez to act as my agent regarding this application. 3. All statements, answers, and information submitted with this application are true and correct to the best of my knowledge and belief. 4. 1 agree to hold the City of Auburn harmless as to any claim (including costs, expenses and attorney's fees incurred in the investigation of such claim) which may be made by any person, including the undersigned, and filed against the City of Auburn, but only where such claim arises out of the reliance of the City, including its officers and employees, upon the accuracy of the information provided to the City as part of this application. 5. 1 hereby grant permission for representatives of the City of Auburn and any other Federal, State, or local unit of government with regulatory authority over the project to enter onto my property to inspect the property, take photographs, and post public notices as required in connection with review of this application and for compliance with the terms and conditions of permits and approvals issued for the project. Signature Gracia Leos Printed Name 29244 140th Ave SE Auburn, WA 98092 Add ress �' 16 Date Auburn, WA City and State where signed 4 CITY OF AUBURN AUBURNDepartment of Planning & Development wasr€ €N(;'ToN, Auburn City Hall Annex, 2 "° Floor 1 East Main Street Auburn, Washington 98001 -4998 Tel: 253.931.3090 Fax: 253.804-3114 perm itoenter(G?au burnwa.gov www.aLiburnwa.gov SPECIAL EXCEPTION APPLICATION SPECIAL EXCEPTION - LETTER OF AUTHORIZATION LETTER FROM PROPERTY OWNER GRANTING AUTHORIZATION TO ACT (A copy of this letter must be submitted for each property owner involved) I Gracia Leos declare under penalty of perjury under the laws of the State of Washington as follows; 1. 1 am the owner of the property that is the subject of the application. 2. 1 [ ] have not appointed anyone, or [X] have appointed John M. Casey and Rodrigo Leos Rodriguez to act as my agent regarding this application. 3. All statements, answers, and information submitted with this application are true and correct to the best of my knowledge and belief. 4. 1 agree to hold the City of Auburn harmless as to any claim (including costs, expenses and attorney's fees incurred in the investigation of such claim) which may be made by any person, including the undersigned, and filed against the City of Auburn, but only where such claim arises out of the reliance of the City, including its officers and employees, upon the accuracy of the information provided to the City as part of this application. 5. 1 hereby grant permission for representatives of the City of Auburn and any other Federal, State, or local unit of government with regulatory authority over the project to enter onto my property to inspect the property, take photographs, and post public notices as required in connection with review of this application and for compliance with the terms and conditions of permits and approvals issued for the project. Signature Gracia Leos Printed Name 29244 140th Ave SE Auburn, WA 98092 Add ress �' 16 Date Auburn, WA City and State where signed 4 *� CITY OF AUBURN crrror ❑ ❑ Permit (administrative decisions made by Grading Permit Planning & Development Department WASHINGTb�! Auburn City Hall Annex, 2"" Floor Occupation Permit 1 Last Maln Street Land Clearing Permit Auburn, Washington 98001 -4998 ❑ Tel: 253.931.3090 Boundary Line Elimination Fax: 253, 804,3114 Public Facility Extension perm Itcenter@auhurnwa.gov Agreement www.auburnwa.aov SPECIAL EXCEPTION APPLICATION SPECIAL EXCEPTION - CONCURRENT APPLICATIONS Please indicate whether you are submitting one or more concurrent applications with this application by checking one or more of the boxes below: Type I Applications ❑ (administrative decisions made by the city which are not subject ❑ to environmental review under the State Environmental Policy ❑ Act [SEPA]): Special Permit Temporary Use Permit (administrative) Utility Permit ❑ Preliminary Plat ❑ Special Exceptions Special Home Occupation Permit ❑ Administrative Use Permit Type II Applications ❑ ❑ Permit (administrative decisions made by Grading Permit ❑ Boundary Line Adjustment the city which include threshold Occupation Permit ❑ Land Clearing Permit determinations under SEPA): ❑ ❑ Boundary Line Elimination ❑ Public Facility Extension ❑ Agreement Administrative Use Permit ❑ ❑ Building Permit ❑ Excavation Permit ❑ Floodplain Development ❑ Permit ❑ Grading Permit dHome Agreement ❑ Occupation Permit ❑ Land Clearing Permit ❑ Mechanical Permit ❑ Plumbing Permit ❑ Public Facility Extension Agreement ❑ Right -of -way Use Permit ❑ Short Subdivision ❑ Building Permit ❑ ❑ Floodplain Type Ill Applications (quasi - judicial final decisions made by the hearing examiner following a recommendation by staff: ❑ Conditional Use Permit Substantial Shoreline Development Permit Surface Mining Permit Temporary Use Permit Variance Type IV Applications (quasi - judicial decisions made by the city council following a recommendation by the hearing examiner): ❑ Rezone (site - specific) OTHERS - as may apply: ® SEPA ❑ SHORELINE EXEMPT ❑ 5 Development Permit ❑ Grading Permit ❑ Land Clearing Permit ❑ Public Facility Extension Agreement ❑ Short Subdivision Type Ill Applications (quasi - judicial final decisions made by the hearing examiner following a recommendation by staff: ❑ Conditional Use Permit Substantial Shoreline Development Permit Surface Mining Permit Temporary Use Permit Variance Type IV Applications (quasi - judicial decisions made by the city council following a recommendation by the hearing examiner): ❑ Rezone (site - specific) OTHERS - as may apply: ® SEPA ❑ SHORELINE EXEMPT ❑ 5 rnyoF • :: CITY OF AUBURN AUBV R.k V Planning & Development Department WASHINGTON Auburn City Hall Annex, 2 "" Floor 1 East Main Street Auburn, Washington 98001 -4998 Tel: 253.931.3090 Fax: 253.804.3114 perm Kcenter @au burnwa.gov www.auburnwa,gov SPECIAL EXCEPTION APPLICATION SPECIAL EXCEPTION - SUBMITTAL CHECKLIST DIGITAL COPIES OF WRITTEN MATERIALS & GRAPHICS Please provide a labeled readable compact disc {s} containing digital versions of all submitted written materials and plans and graphics for use by the City of Auburn during the special exception review process. Staff will use this information in report preparation and public noticing so please be sure to provide current and accurate information. Written materials should be submitted to be compatible with Microsoft Office desktop software products. Plans and graphics should be submitted in pdf or of format. APPLICATION FEES - Make checks payable to the City of Auburn All application fees, including, but not limited to: Variance Fee. Some fees will not be invoiced until actual costs are known. Link to current fee schedule can be found @ ht!p://www.aubumwa.govlcommunitylaboutlforms.as,o. WR TEN MATERIALS —Total of ten (10) copies unless otherwise noted 1*r A. APPLICATION FORM Provide a completed application form signed by the property owner(s) and/or applicant with the completed Special Exception Application Submittal Checklist. (One original and 9 copies) Fq, B. LETTER OF AUTHORIZATION Provide a letter of authorization to act contained within this application packet inclusive of all required signatures and notary information and seal. EF� C. WRITTEN STATEMENT addressing: r wdetail, a description of your request for a special exception; and hy the special exception should be issued, relating to approval criteria listed on pg, 2 of this application packet. PLANS $ GRAPHICS - Total of ten (10) copies unless otherwise noted A. SCALE & LEGIBILITY All plans, except architectural elevations, should be to scale (engineering scale) on paper no larger than 24x36 ", at 1 " =100' or larger (I "=50' preferred). An index sheet of the same size is required for multi -sheet submittals. All plans should be folded to fit a legal size file jack. B. SITE PLAN DRAWING — ITEMS INCLUDING: ❑ 1 . Section, Township, and Range of the subdivision; ❑ 2. Legal description; ❑ 3. Date plan was prepared and space for revision dates for subsequent resubmittals. LP c�rra, SPECIAL EXCEPTION �� u ° WASHINGTON �N APPLICATION C. SITE PLAN DRAWING -- GRAPHIC REPRESENTATION The following graphic features shall be shown on the drawing: ❑ 1. North arrow, numeric /graphic scale, and date plan was prepared; ❑ 2. Boundaries and dimensions of the property; ❑ 3. Adjacent public streets; ❑ 4. Easements, existing and proposed; ❑ 5. Location and size of all existing and proposed utilities; ❑ E. Location of building requiring special exception, including setbacks; ❑ 7 Location of all other buildings, inciuding setbacks; ❑ 8. Location and layout of off - street parking; ❑ g. Location and height of fences; ❑ 10. Height of structures; ❑ 11. Points of access, interior streets, and driveways; ❑ 12. Location of refuse storage locations, bicycle parking areas and pedestrian /bike paths; ❑ 13. Proposed right -of -way, dedications and improvements, if applicable; ❑ 14. Location of storm water quality/detention facilities; ❑ 15. Flood hazards, geological hazards (seismic, steep slope, landslide, erosion), groundwater protection areas, streams, significant trees, wetlands, and wildlife habitat. D. VICINITY MAP A vicinity map sufficient to define the property location and boundaries. 7 ADDENDUM TO SPECIAL EXCEPTION APPLICATION FOR GREEN RIVER LANDSCAPE, INC. The Applicant, Green River Landscape, Inc., provides the following information to supplement its Special Exception Application. Rodrigo Leos Rodriguez, a shareholder, director and officer of the company is authorized to speak on behalf of the company and the property owners, who are his parents. His parents are also his business partners, as he and his parents own all shares of the company known as Green River Landscape, Inc. First, the Applicant provides the following information to show how its application complies with Auburn Municipal Code Section 18.60.020. The underlined portions are the code requirements; the remaining text explains how this application complies or does not comply. A. Only members of the immediate family residing on the premises and no more than one non- resident may be employed at any one time. As proposed, the Applicant has about twenty (20) employees at any given time, not including the resident shareholder employees. The resident employees are Alfonso and Garcia Leos, the property owners. Applicant does not comply with this requirement. B. No mechanical equipment_ is used except such as is commonly or customarily used for domestic household or personal purposes fora dwellin unit. As proposed, mechanical equipment would include enclosed work trailers and Kubota and Caterpillar tractors, which are primarily used for personal use on -site. The Applicant complies with this requirement. C. Not more than one - fourth of any building is devoted to such occupation, except for bed and breakfast. The existing buildings on the property include a house, a garage, a barn and certain other sheds. Applicant intends to apply for a permit to build an additional structure on the property, which would likely be attached to the home or the garage and would provide additional storage space for business use. In order to design a building that would allow for personal and business - related uses, comply with Title 18, ACC and other relevant codes, and be aesthetically pleasing to the neighbors, Applicant and Property Owners propose to hire an architect or designer and have conceptual drawings ready for review not later than ninety (90) days after filing of this application. Assuming that the application is approved, Applicant shall complete design process, apply for necessary permits and build the structure expeditiously thereafter. D. That such occupation shall not require internal or external alteration or involve construction features not customarily found in a dwelling. The Applicant compiles with this requirement because the house on the property is a dwelling and will remain a dwelling. The only business use of the house is to hold a fax machine and telephone. No customers come there and no other storage or business uses happen there. E. The home occupation shall not involve the use of personal commercial vehicles as defined in ACC 18.04.245. As proposed, commercial vehicles involved in the Company's landscaping business do not exceed 10,000 pounds GVW per vehicle, and the trailers used in the business do not exceed 3,500 pounds GVW. The Applicant complies with that requirement. Addendum to Special Exception Application Page 1 of 4 F. The conduct of any home occupation, including but not limited to the storage "foods and equipment, shall not reduce or render unusable areas provided for the required off street parking. As proposed, the Applicant has a significant graveled area on the property for parking. It is more than adequate for parking needs and no additional off - site parking is needed. The Applicant complies with that requirement. G. Only one sign is permitted. The applicant proposes to have no signs on the property. Applicant does not advertise the business this way. The Applicant complies with this requirement. H. No display pertaining to the occupation other than the one permitted sign, is visible from the street or adjacent residences. The applicant proposes to have no displays pertaining to the occupation visible from the street or the adjacent residences. The Applicant complies with this requirement. No more animals are maintained on the premises than what may be otherwise permitted in the zone, This application involves no animals because the business does not involve use of any animals. The property owners have several animals that they maintain for pleasure and personal use, which include a few cows, a few horses, and chickens inside an enclosed chicken coop. The property owners believe that this number of animals complies with ACC 18.21.010 tEj and/or with ACC 18.31.220. The Applicant complies with this requirement with respect to this application. Except for bed and breakfast, employee /customer visits are limited to 8:00 a.m. to 6:0_0 p.m. Monday through Friday. As proposed, employee hours are currently 7:00 a.m. to 3:30 p.m. In other words, the employees arrive at the subject property at 7:00 a.m. and take their commercial vehicles and exit the premises. They perform their work at customers' sites throughout the region and then return to the property at approximately 3:30 p.m. They exit their business vehicles, pick up their personal vehicles, and exit the property. There are no customer visits to the property, nor are there any work related deliveries to the property. K. Traffic generated by the home occupation shall be limited to a maximum of eight (2 way) client/delivery- related trips per day. As proposed, the Applicant complies with this requirement because there are no client or delivery - related trips per day. L. Outdoor storage and materials, goods, products or equipment is not allowed. As proposed with the addition of a storage area that is partially used by the business the applicant would comply with this requirement. M. The home_ occupation_ is to be conducted in such a manner that the residence shall not differ from its residential character. This application proposes to leave the residence as it was found when the property was purchased four years ago, namely, it looks like a residence and is used as a residence and it will remain used as a residence. The applicant now provides other additional information sought by Gary Yao in his email to Rodrigo Leos dated April 14, 2015: 1. An aerial image showing where the existing paved or graveled areas are and where the non - resident employees park is attached to this Addendum as Exhibit A. There are Addendum to Special Exception Application Page 2of4 existing paved areas just to the north of the residence which are sufficient to park a couple of personal vehicles for the residential owners. The non- resident employees park in the graveled area on the southwest side of the property. 2. An affidavit showing that the owners of the business are residents and the residents of the property are employed by the business. Please see the Declaration of Rodrigo Leos Rodriguez, which is attached as Exhibit B to this Addendum. 3. The applicant Business meets the intent and purpose of R 1 Residential Zone. The R 1 residential zone calls for one dwelling unit per acres. The R -1 Residential Zone intends to provide areas for estate -type residential development on large lots. This zone would normally be located in the areas particularly suited for such development. ACC 18,07.016(c). The Property is ten acres. 4. The intent and purpose of the Lea Hill Overlay per ACC 18.21.016(A) is to have development standards in that area similar to (if not the same as) corresponding zones in other areas of the city, while recognizing some variations for previous development allowed by King County zoning. The subject property was built with a farm house in or about 1958 and has been used as a small farm /ranch ever since that time. It is configured for pasture use. The essential look and use of the property will not change because the home will remain and a barn or storage building will be added. The pasture areas will remain. Future ability to build estate style homes will not be inhibited by this use. 5. Finally, this application meets the intent and purpose of a home occupation under ACC 18.60.010, which purpose is "to allow certain activities to be undertaken for gain or profit within a dwelling or a building accessory to a dwelling in any zone in which dwellings are present. The home occupation shall be conducted by a resident of the dwelling unit and is to be conducted in such a manner that the residence shall not differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emissions of sounds, noises, vibrations or odors, or result in traffic impacts that are inconsistent with the character of the area in which the home occupation is located." Home occupations can include landscaping businesses. 6. As additional consideration for this application, the applicant proposes to, in addition to adding a storage building on the premises, remove the existing two cargo containers and apply for a temporary use permit for them during construction of the additional storage building and then upon completion, and thirty (30) days thereafter remove all materials from the cargo containers and remove the cargo containers from the premises. 7. In addition, the applicant is willing to install a six (6) foot tall site - obscuring fence across the entire road frontage on the west side of the property as well as the north side, which would screen any use of the premises from passersby on the street as well as from the residences to the north of the property. Applicant shall construct such a fence within ninety (90) days of approval of this application. 111 111 Addendum to Special Exception Application Page 3 of 4 Please contact me at (253) 217-8102 or my attorney John Casey at 253 852 -2345 with any questions. Respectfully submitted this F? day of June 2015. Green River Landscape, Inc. By Rodri#lZeos Rodriguez Its Vice President Addendum to Special Exception Application Page 4 of 4 EXHIBIT A To Addendum to Special Exception Application for Green River Landscape, Inc. AERIAL. PHOTOGRAPHS OF SUBJECT PROPERTY [see attached] 40 JWF�oo F'."r .A INV IlL • • I IF • • Y a• Jr �� ♦ s� r t 1 rA • �t f � � 1 �r • +I 1 e S l 1 A • IF ` b _1 .J.P • - � e 1p ` `_� •+ rr •, .y +` � � rem r`� Of �' 2 le r EXHIBIT B To Addendum to Special Exception Application for Green River Landscape, Inc. DECLARATION OF RODRIGO LEOS RODRIGUEZ I, Rodrigo Leos Rodriguez, declare are as follows: 1. 1 am an adult and competent to testify herein. I make this declaration based on my personal knowledge of the facts. 2. 1 am a shareholder and officer of Green River Landscape, Inc. and am familiar with the business operations thereof. Alfonso and Gracia Leos are my mother and father and they are the residents of the house located at 29244 140th Avenue SE. Both are employed by the business and both are co- owners to the business. I am employed by the business but do not reside on the premises, I reside at my own premises in Kent. The business provides a livelihood for me and my family and for my parents. 3. The names and ownership interests of the shareholders of Green River Landscape, Inc. are as follows: Alfonso Leos 34% Gracia Leos 33% Rodrigo Leos 33% Total 100% 4. Green River Landscape, Inc. is a commercial and residential landscaping service company, which performs landscaping services throughout the region. We do landscape maintenance for commercial properties and residential properties. Our services include lawn mowing, leaf raking and blowing, ditch - digging, drain installation, rockery and flower bed installation, and like services. All of our work is conducted off of the property located at 29244 1401h Avenue SE in Auburn ( "the Property "). None of our customers come to the Property to do business with us. We conduct all business with our customers either at their sites or by telephone. When a customer calls the Green River Landscape office number, they reach me on my eel phone. I have all the customer contact far the business and schedule the appointments. Payments are received by my father, Alfonso Leos, at the Property. Payroll is prepared by my mother Gracia Leos at 29244 1 40th Avenue SE. The only business items that are located at 29244140 1h Avenue SE are a fax machine and some records. Payroll is prepared weekly and sent to our outside accountants, Courtesy Accounting in West Seattle. Business records are maintained at my residence which is located in Kent. I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT THE FOREGOING IS TRUE AND CORRECT. Dated at Kent, Washington, this day of June 2015. Rodrigol eos Rodriguez Exhibit 4 Gary Yao From: I<ristina Church -<KChurch@curranfirm.com> Sent: Wednesday, August 05, 2015 11:12 AM To: Gary Yao Subject: Green River Landscaping Attachments: Ltr to Yao 8.5.15.pdf Please see the attached letter from John Casey. The hard copy has been sent by regular mail, Kristina Church CURRAN LAW FIRM 555 West Smith Street P.O. Box 140 Kent, WA 98035 -0140 T (253) 852 -2345 F (253) 852 -2030 wvvw.curranfirm.com CONFIDENTIALITY NOTICE; The Information contained in this ELECTRONIC MAIL transmission is confidential. It may also be subject to the attorney - client privilege or be privileged work product or proprietary information. This information Is intended for the exclusive use of the addressee(s). If you are not the Intended recipient, you are hereby notified that any use, disclosure, dissemination, distribution {other than to the addressee(s), copying or taking of any action because of this information is strictly prohibited. b Please consider the environment before printing this email CURRANLAW r -iaM i 253 852 2345 F 253 852 2030 F 253 859 8037 Curran Law Firm P.S. 555 West smith Street Post Gfficr_ Box 140 Kent, WA 98035 -0140 curran16 rn.i:nrn RECEIVED August 5, 2915 AUG 17 2015 CITY OF AUBURN PLANNING & DEVELOPMENT City of Auburn Via Email and U.S. Mail Attm Gary Yao, Planner 11 ao auburnwa. ov Planning & Development Department 1 East Main Street Auburn, WA 98901 Re: Special Home Occupation Permit Application for Green River Landscape Your file no. M 1515 -0004 Public hearing scheduled for August 19, 2015 Dear Mr. Yao: We appreciate your letter dated July 17, 2015 and comments therein. My clients provide the following comments in response to the section entitled "Requested Information and Revisions" of your letter. They ask you to keep in mind that this is a ten acre site that contained a house, garage, barn and several outbuildings when they purchased it. It is largely undeveloped pasture. They refer to it as "the ranch" due to the fact that they live and maintain some animals there for personal use. Their comments are italicized below: 1. Provide photos and the following additional information re: the Kubota and Caterpillar tractors stored on -site: Applicant has determined that the Caterpillar tractors, which do not belong to the Applicant, but to a family member who lives off -site, are nothing but a distraction to this application. As a result, Applicant will remove them from the Property and will not allow there to be stored there. Only the Kubota will remain. it is a model KX018 -4 diesel tractor. A photo of the Kubota is attached as Exhibit A hereto and its specifications are attached as Exhibit B. • What is the scope of personal use of the tractors? The Kubota is used for the following personal uses on the Property., to spread horse manure generated by horses kept on the property, to push and pile brush that collects on the property from the trees and bushes that grow there naturally, and for other related tasks that come up from time to time on this ten acre property. • What is the scope of business use of the tractors? The Kubota is sometimes used for the business. It is transported from time to time to clients' sites and used there to A PROFESSIONAL SERVICE CORPORATION Serving our community-since 1948. Mr, Gary Yao August 5, 2015 Page 2 dig drainage ditches, to move boulders, to excavate for landscaping, and other miscellaneous uses. ■ How often and during what times are the tractors in operation for business use? The Kubota is used off site for business use one or two times per month. It is not used on site for any business use. Y Where are the tractors stored? The Kubota is stored outside on the Property, 0 How are the tractors transported Off -Site (i.e., type and weight of transport vehicles), if it is used for the business off -site? The Kubota is transported to and from the site on a 7, 400 GVW automobile trailer that is towed by a pickup truck. 2. What Is the square - footage (SF) of the room within the residence in which the phone and fax machine is located in the single - family residence? It is a bedroom of approximately 120 square feet. 3. What is the specific number and types of animals maintained on -site? Currently, the residents own five cows, two horses, a pony, a dog, and 10 -12 chickens. The cows include two bulls (one calf and one full-grown) and three females. 4. Are any of the animals used for business purposes? All of the animals are owned and used by the owners forpersonal use only; none are used for business purposes, If yes, identify the functions served by the animals and how many /what types of animals are utilized. In previous City staff correspondence with the Applicant, the Applicant indicated that landscape debris associated with the business is deposited on -site as feed for consumption by animals on -site. if this use of animals is proposed, also indicate the duration of time before the landscape debris is consumed /removed and how the business will ensure that the landscape debris remains on -site during that time. During lawn mowing season and then during leaf raking season, employees of the business return to the Property with frailer loads of lawn clippings or leaves. Those are dumped for the animals. The animals eat the grass clippings; the clippings are typically devoured in a matter of a few days. The leaves are spread on the fields and left there to decompose. The residents do not allow brush piles to be deposited there. 5. Do employees arrive and depart from the property throughout lousiness hours or at 7:04 am and 3:34 pm only? No. Employees arrive first thing in the morning and leave in the work vehicles. They work at client sites throughout the Puget Sound and return at the end of the work day, which is typically about 3:30 pm. The only persons coming and going during the day are the residents, which include two owners of the business -- Alfonso and Garcia Leos -- who are also the property owners. 5. Will any outdoor storage of materials, goods, products, or equipment occur prior to construction of the proposed storage additions to existing buildings or will all storage occur on a temporary basis in the existing shipping containers? Igo. The Applicant is committee+ to contain all storage of business materials, good, products, and equipment (other than the trucks) within the existing buildings and the existing shipping containers, and then within an additional building to be built, Mr. Gary Yao August 5, 2015 Page 3 7. Is the gate at the entrance to the property locked? Yes, at Might. If yes, identify how the business will ensure that it is open when employees arrive or return on -site, to prevent the queuing of vehicles from occurring on 140th Ave. SE. The Applicant's son in law arrives about 6 :00 am each day to feed the horses and milk the cows. He unlocks the gate, The cows must be milked every day of the week at approximately the same time or they could become distressed. Given this timing, if is highly unlikely that the gate would be locked as the workers come on site, so queuing at the street is also highly unlikely. My clients have the following comments on your paragraph entitled "For Your Information Only" on page 2 of your letter. Only those criteria that you marked as "unknown" are addressed below: The underlined portions are the code requirements; the italicized text explains how the applicant believes it complies or does not comply. B. No mechanical equipment is used except such as is commonly or customarily used for domestic, household or personal purposes for a dwelling unit. As proposed, mechanical equipment would include enclosed work trailers and only the Kubota tractor, which is primarily used for personal use on -site. The Applicant complies with this requirement. E. The home occupation shall not involve the use of personal commercial vehicles as defined in ACC 18.04.245. As proposed, commercial vehicles involved in the Company's landscaping business do not exceed 10, 000 pounds GVW per vehicle, and the trailers used in the business do not exceed 3,500 pounds GVW. The Applicant complies with that requirement. 1. No more animals are maintained on the premises than what may be otherwise permitted in the zone. This application involves no animals because the business does not involve use of any animals, The property owners have several animals that they maintain for pleasure and personal use, which are five cows, two horses, a pony, a dog, and 10 -12 chickens, which are enclosed in a chicken coop. The property owners believe that this number of animals complies with ACC 18.21. 010 (F) and /or with ACC 18.31.220. The Applicant complies with this requirement with respect to this application. J_,_ Except for bed and breakfast, employealcustomer visits are limited to 8:04 a.m. to 5:00 P.m. Monday through Friday. As proposed, employee hours are currently 7 :00 a.m, to 3 :30 p.m. The Applicant is willing to adjust employee hours in order to comply with this critericn. K. Traffic generated by the home occupation shall be limited to a maximum of eight (2 way) client/delivery-related trips per day. As proposed, the Applicant complies with this requirement. No clients visit the site, There are no business deliveries to the site. The taps are employees only. L. Outdoor storage and materials, goods products or equipment is not allowed. As proposed with the addition of a storage area that is partially used by the business the applicant would comply with this requirement. M. The home occupation is to be conducted In such a manner that the residence shall not differ from its residential character, This application proposes to leave the residence as it Mr, Gary Yao August 5, 2015 Page 4 was found when the property was purchased four years ago, namely, if looks like a house and is used as a house and it will remain used as a house. My clients have reviewed the "for your information only" comments on page 3 of your letter and are ready to work with Valley Regional Fire as necessary to comply. Thank you for your attention to this matter. Sincerely, Ct RXW"W (FIRM P.S. John M. Casey icaseya[ .cu rranfi rm, com JMCJkac cc: Green River Landscaping, JIM. Larry Kahn, Esq. `� ;� :\ ,,,, ,\ EXH�B�T A � Pr -,jm 4 -1 A$o IL rj U Bj e EXHl� Specifications Model KX018 -4 Type of RCP81 OPT (Tap Guard Level'I)— , Canopy 1 Cab Type of tracks Rubber Model Kubota X902 -BH -E4 ;Dutput (SAE. gross] HP [kW)!rp#n• - ;,; _ `'1,5.1 {12,0} 1 -2340 Engine • 'Out�iJt (SAE J 13 49 net) .HP (kW)/rpm;; yf,• ,r -I 1;5.5 {11,6)12300 cement p cu, in.' p c { f _ s:' Ii+l:: 5G.80 (89 B) idverall length in. (mmJ 12'2.1" (3710} -2'2, Dimensions Overall height ft. In. (mm) 77.7" [233D] 17'8,5"• {2350] Overall width #t. in. (mm) -- "4'3.2" {1300} 13'3.0" (990) Min.!ground clearance In. [mm] 6.3" {150} Pump capacity " GPM (@Imin) 4.6(17,.P) x 2 -/2.8(10 :4) x:.1 Hydraullo Alizlga h draulic flow . , system• ry y GPM [Clmin .. 7 7,4 {27:7 } ' lax:;breakout force • Bycket]Arm; I>7s. {kgf] ! 3594 {1630 }:1ja5 tr*l speed :Law l Hlgh ,, mph (km /h) .. ;" ' 1.4 ;r. I; laKlstractibn force Ibs. {kgf) ' - .,71uinbler distance Drive sjrs►am ft. In. (mm) '. { 411" {1230 - Crawler,length #t. in. (mm) .. ;.'I I 5floe,width! In. (mm) • Ground contact pressure psl (kgf /CM2) 3.7 (0.26:1,3.8'[0.27} Unit swing speed Swing 6ystem' rpm boom, swing angle Left -1 Right •i'.^ degree F ; p ,s," 75f 00 .Width• ° I ft. in, {mm] ,; Dimenslbtrt�';, ght ; ;• In. (mm) Blade•;3sj' r; '� iM,axi li {t`ak�ove ground ' In. {mm} - i • 8;11!.(230) 'tMax!idrop below ground' • ' F' in. {mm }• 19.11';(230) •I "•r•lt Hydraulic oil' {reseji /olrrl'system} gal {g} 4.1. (15.5 17.4 {28} . _ Fuel reservoir'' gal {El 5.6(21) Operatltig weight'gncl6dingioperator's weight 175111 s. }• lbs. (kgf) 3748 (1700)13988 (18 00) ' nl I:, (InP Gdarcl I.s axl I} iP grrnr d.nra vrith S 1I W) It snLicrilanl m Lie full Lien In FO P9 (I =,II rig 0h. ad Pr olecl ivs ;l -1,0 j10), Pic compa•iy resones Sho npl•.t to change the above aPecincations w tM it no' ice. I hiR hmGli is f,r rmsorlpthe PrLposna only, Plessa contact your lo-I Kvww do "lor fo^ sup: anly Infoi motion, nor your safety. Kubota sa onyty r "comit•unds [he use of a nol•uva^ Prot�.ctl•;o: fl ucture ;ROP"I and seat belt fol clmoar all arm lcs one. DIMENSIONS 1 12'2,1" (17 '10) -- —1 , Exhibit 5 CITY' OF * Nancy Backus, Mayor WASHINGTON 25 West Main Street * Auburn WA 98001 -+ 998 * www.auburnwa.gov * 253 -931 -3000 NOTICE OF APPLICATION (NOA) NOTICE OF PUBLIC HEARING Green River Landscape MIS15 -4004 The City of Auburn is issuing a Notice of Application (NOA) and Notice of Public Hearing for the following described project. The permit applications and listed studies may be reviewed at the Auburn Community Development & Public Works Department at 1 E Main ST, 2rd Floor, Customer Service Center, Auburn, WA 98001. Proposal: Special Home Occupation Permit for a landscape contractor business on properly containing one (1) existing single - family residence, detached accessory barns and sheds, and two (2) shipping containers. The two (2) resident- owners and one (1) non - resident owner of the business will employ twenty (20) employees who park their personal vehicles on an existing graveled parking area T00am — 3:30pm and work off -site for the duration. No customer visits or deliveries to the property are proposed. The business will also utilize the property for parking of business vehicles not exceeding 10,000 Ib. gross vehicle weight and storage of equipment, including Kubota and Caterpillar tractors. The existing shipping containers are proposed to be removed and storage space replaced with an addition to the existing single- family residence or detached garage. A sight - obscuring fence 6' in height is also proposed to be constructed along the north and west property lines to screen adjacent residential from on- premise activities. The business will only use the existing single - family residence for phone and fax purposes. Location: The project site is located at 29244 140`h AVE SE within the NE % of Section 03 -21 -05. King County Assessor Parcel No. 0321059020. Notice of Application: July 20, 2015 Notice of Completeness: July 3, 2015 Permit Application: June 5, 2015 File No, MIS15 -0004 Applicant: Rodrigo Leos Rodriguez Green River Landscape, Inc. 29244 140" AVE SE Auburn, WA 98092 Agent: John M. Casey Curran Law Firm, P.S. P.O. Box 140 Kent, WA 98035 Property Owner: Alfonso and Gracia Leos Green River Landscape, Inc. 29244 140t" AVE SE Auburn, WA 98092 AU BURN * MORE THAN YOU IMAGINED NOTICE OF APPLICATION (NOA) AND NOTICE OF PUBLIC HEARING — MIS15 -0004 {Continued} Studies /Plans Submitted With Application: NIA Other Permits, Plans, and Approvals Needed-, ! Building Permit, Storm Permit, Business License Statement of Consistency and i_ist of Applicable Development Regulations: This proposal is subject to and shall be consistent with the Auburn City Code, Comprehensive Plan, and Public Works Design and Construction Standards. Public Comment. Period: All persons may comment on this application. Comments must be in writing and submitted by 5:00 pm on August 4, 2015 to the mailing address of 25 W Main ST, Auburn, WA, 98001- 4998, Any person wishing to become a party of record, shall include in their comments that they wish to receive notice of and participate in any hearings, if relevant, and request a copy of decisions once made. For questions regarding this project, please contact Gary Yao, Planner II, at gyao puburrtwa -gqy or (253) 288 -4301. Public Hearing: 'rhe Hearing Examiner will conduct a public hearing on the Special Home Occupation Permit at City Hall Council Chambers, 25 West Main Street, Auburn, Washington 98001 on August 19, 2015 at 6,00pm. Any interested person is invited to appear and express comments or opinions. 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. Page 2 of 3 NOTICE OF APPLICATION (NOA) AN NOTICE OF PUBLIC NEARING — MIS15 -0004 (Continued) Project Site .S» Page 3 of 3 • I i f CITY DP x AUBURN WASHINGTON AFFIDAVIT OF POSTING OF LEGAL NOTICE BY APPLICANT Application Number: Applicant: Agent: MIS 15-0004 Rodrigo Leas Rodriguez Green River Landscape, Inc. 29244 140' AVE SE Auburn, WA 98092 John M. Casey Curran Law Firm, P.S. P.O. Box 140 Kent, WA 98035 Location: 29244 140`' AVE SE within the NE 1/4 of Section 03- 21 -05. King County Assessor Parcel No. 0321059020. Closing Date for Public Comments: August 4, 2015 I certify that on -�4 7 0 .a i,5 I did erect a land use posting board at the location above, which included a Notice of Application for the above referenced application, as required by Auburn City Code 1.27 and 18.60.040(❑ ). The board was erected at least 15 days prior to the closing date for public comments noted above. I declare under penalty of perjury of the laws of the State of Washington that the foregoing is true and correct. • bC�li An �pQ3 Name (ple e print or type) Sig n NOTE Date -2- a - 15 f Q 0 CJ 1 V J This affidavit must be returned to the Community Development & Public Works Department at least one week prior to the closing date for public comments or review of the application may be postponed. RECEIVED PERMIT CENTER JUL 2 P- 2015 - 11'NE __.__ C1 T Y OF AD B URN MmIll110"Iffim AFFIDAVIT OF MAILING OF LEGAL APPLICATION NOTICE Application Number: MIS15 -0004 Applicant: Rodrigo Leos Rodriguez Green River Landscape, Inc. 29244 140`h AVE SE Auburn, WA 98092 Agent: John M. Casey Curran Law Firm, P.S. P.G, Box 140 Kent, WA 98035 Location: 29244 140" AVE SE within the NE Y, of Section 03- 21-45. King County Assessor Parcel No. 0321059020. Closing Date for Public Comments: August 4, 2015 I certify that on July 20' 1 did send a Notice of Application for the above referenced application, as required by Auburn City Code 18.50,040(D), to all property owners located within 300 feet of the affected site. Said Notice was mailed pre -paid stamped through the United States Postal Service at least 15 days prior to the closing date for public comments noted above. I declare under penalty of perjury of the laws of the State of Washington that the foregoing is true and correct, . Tina Kriss — Community Develop ent Secretary City of Auburn, Finance Dept City Clerk 25 W Main St Auburn, WA 98001 Re: Advertiser Account # 107302 Agency Account #: 0 Ad #: 563230 STATE OF WASHINGTON Counties of King and Snohomish Agency Na:ne: Affidavit of Publication. The undersigned, on oath slates that he/she is an authorized representative of The Seattle Times Company, publisher of The Seattle Times of general circulation published daily in King and Snohomish Counties, State of Washington. The Seattle Times has been approved as a legal newspaper by others of the Superior Court of King and Snohomish Counties. The notice, in the exact form annexed, was published in the regular and entire issue of said paper or papers and distrib- uted to its subscribers during all of I:he said period. x$4'00 JA E� Elai"1a Hansen an t Signatti a i m, cal 2t) S o ) fAR Subscribed and sworn to before me on - '��Jk31.1 v - ATE e d , Signature) Notary Publi 16d for the State of Washington., residiiag at Seattle Re: Advertiser Account # 107302 Ad #; 563230 Agency Account #: 0 Agency N one: AD TEXT L 1� CITY OF AUAURN NOTICE OF 1 APPLICATION AND NOTICE OF PUBLIC HEARING The CRv of Auburn Is Issung a Notic s111ules may ne revloweu or mu Aunurn Community Developmont & Public Works Deportment at 1 E plain ST, 2nd Floor, Customer Service Center, Auburn, WA 46001, Proposal: Special Home Occupa- tlan Permil for a landscape contractor business on property containing ono (1) exlsting singlo- famlly resldcnce, do- tochod accossorV barns (Ind sheds, and two {2j shlppino contotners. The two (2 resident- owners and one (1) nen- resldenii owner of the hVslness will employ twenty [20) emp ayees who park their personal vohlC103 on an sxlsting graveled parking areu 7:00um - 3:30pm and work Orr" Ito for tho duration. No customer visits or de- liverles to the property are proposed. The business wi11 also utilize the property for ming of business vehicles not exceeding lb. gross vehicle weight and storage of equipment, including Kubota and Cater- F 11 tractors. The exist ing shipping con- tainers are proposed to be removed and storage space replacad wlih on addition to the existing single- famlly residence or detached garage. A sight - obscuring fence d' in lielgllt is olso proposed to be con- structed along the north and west prop- erty Ihlos to scroon adlIacant residontial from on- promise activlt3as, Tho buslnoss Callon: The prolect slle is Iocuied at 29244 140th AVE SE wlihln the NE VA of Section 03.21.05. King County Assessor Parcel No. 0321059020. Notice of Appllcotlon: July 30, 2015 Notice or Colltptetonoss: July 3, 2015 Porfnit Applicaflon: June 5, 2015 F110 No. M1515.0044 Applicotlt; Rodrigo Leos Rodriguez, Green Foyer Landscapef Inc.2 29244 140th AVE SE, Auburn, WW Agent: John M. Casey, Curran Law Firm, P.S., P,O. Sox 140, Kent, WA 98035 Prop- erty Owner: Alfonso and Gracla Leos, Green River Landscape, Inc., 29244 140th AVE SE, Auburn, WA 98092 Studies /Plans Sobmlttod with Application: NIA Other Permits, Plans and Approvals Needed: RUIldino Porm11, 5torm Permit BU914035 Liconse stotomenf of Consistency and List of Applteabto Dovolopment Rogula- tions; This proposal Is subject to and shall be consistent with the Auburn CRY Code, Comprehensive Pion and Public Works Design and Construe {ton Standards. Pub- Ile Comment Period: All persons may Comment an this application. Comments must bo in wrlting and suhmltted by 5:00 pm on August 4, 8615 tG the mulling ad comments Thal ttley wish to receive notice of and participate In any hearings, it rele- vant, and request n copy of declslons once made, For questions regarding this prol- ect, please contact Gary Yoo, Planner 11, at nagauhurnwo.vov or (253) 2013.4301. Public Hearer —f- tearing Examiner will conduct a public hoar-Ing an tho 5f�e- ciai Home Occupation Permit at City lull Councll Chambers, 25 West Malr1 Street, Auburn, Washington 98001 on August 19, 2015 at 51o0pm, Any Interested person Is Invlled to appear and express comments or Opinions. For citizens with speech, slglil or hearing dlsou111tios wishing to roy€ew documents pertaining to this lioaring, should contact the City of Auburn within la calendar days prior to the meeting, as to the type of service or equipmenl needed. Each request will be considered Indlvidu- nlly according 10 the type of request, flee .11, cibhlly of resovrces, and [lie financial ablllty of the City to Provide the requestod servlces or oquipment, � , ,i I Exhibit 6 _A(j.BURN ._ I I. �,. ..''! '' `ti A ti F 1 I iN G I i .N 1 . i _, CANCELLATION of Public Nearing REVISED Notice of Public Hearing (8/19/2015 Cancelled and Revised to 911612015) NOTICE IS HERESY GIVEN that the public hearing on August 19, 2015 has been cancelled and the public hearing date revised. The Hearing Examiner will conduct a public hearing on Wednesday, Septernber 16, 2015 at S.30PM, in the Council Chambers of Auburn City Halo located at 25 West Main Street on the following: Green River Landsca e — 5 ecial Home Occu patio n Permit File No. MIS15 -0004 The proposal is a Special Home Occupation Permit ( "SHOP ") for a landscape contractor business on property containing one (1) existing single - family residence, detached accessory barns and sheds, and two (2) shipping containers. The two (2) resident - owners and one (1) non - resident owner of the business will employ twenty (20) employees who park their personal vehicles on an existing graveled parking area 7:00am — 3:30pm and work off -site for the duration. No customer visits or deliveries to the property are proposed. The business will also utilize the property for parking of business vehicles not exceeding 10,000 lb. gross vehicle weight, storage of equipment, including Kubota and Caterpillar tractors, and deposition of grass clippings as animal feed and leaves for decomposition. The existing shipping containers are proposed to be removed and storage space replaced with an addition to the existing single- family residence or detached garage. A sight - obscuring fence 6' in height is also proposed to be constructed along the north and west property lines to screen adjacent residential from on- premise activities. The business will only use the existing single- family residence for phone and fax purposes. Any interested person is invited to appear and express comments or opinions. Written comments may be submitted up until and at the public hearing to Gary Yao, Planner II, Community Development & Public Works Department, 25 West Main Street, Auburn, WA 98001 -4988. If you have further comments or questions, please contact Gary Yao at Clyao@auburnwa..qoy or (253) 288- 4301. 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 oonsidered 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. Ai Il ,){ Ij \NI - !, 1 11= . ii 1 1 ,i1 r CITY OF AUBURN WASHINGTON AFFIDAVIT OF POSTING OF LEGAL NOTICE Application Number: MI315 -0004 Applicant: Rodrigo Leos Rodriguez Green River Landscape, Inc. 29244 140" AVE SE Auburn, WA 98092 Agent: John M. Casey Curran Law Firm, P.S. P.Q. Box 140 Kent, WA 98035 Location: 29244140 1h AVE SE within the NE % of Section 03- 21-05. King County Assessor Parcel No. 0321059020. Public Hearing Date: September 16, 2015 I certify that on 1 did erect a land use posting board at the location above, whiO included a Notice of Application for the above referenced application, as required by Auburn Ci ty Code 1.27 and 18,6 0.040 (D). The board was erected at least 10 days prior to the public hearing date noted above. I declare under penalty of perjury of the laws of the State of Washington that the foregoing is true and correct. Gary yolo Name (please print or type) Signature Date NOTE This affidavit must be returned to the Community Development & Public Works Department at least one week prior to the closing date for public comments or review of the application may be postponed. CITY Dr ADBURN WASHINGTON AFFIDAVIT OF MAILING OF LEGAL APPLICATION NOTICE Application Number: MIS15 -0004 Applicant: Rodrigo Leos Rodriguez Green River Landscape, Inc. 29244 140" AVE SE Auburn, WA 98092 Agent: John M. Casey Curran Law Firm, P.S. P.O. Box 140 Kent, WA 98035 Location: 29244140 1h AVE SE within the NE '/4 of Section 03- 21-05. King County Assessor Parcel No. 0321059020. Public Hearing Date: September 16, 2015 I certify that on August 131 h 1 did send a Notice of Application for the above referenced application, as required by Auburn City Code 18.60.040 (D), to all property owners located within 300 feet of the affected site. Said Notice was mailed pre -paid stamped through the United States Postal Service at least 15 days prior to the closing date for public comments noted above. I declare under penalty of perjury of the laws of the State of Washington that the foregoing is true arid_cQrrect. Tina Kriss — C mmunity Development Secretary City of Auburn, Finance Dept City Cleric 25 W Main St Auburn, WA 98001 Re: Advertiser Account # 107342 Ad #: 570964 STAf L OF WASHINGTON Counties of King and Snohomish Agency Account #: 0 Agency Name: Affidavit of Publication The Li nd ers i g ned, on oath states that helshe is an aLithorized representative of The Seattle Times Company, publisher of The Seattle Times of general circulation published daily in King and Snohomish Counties, State of Washington. The Seattle Times has been approved as a legal newspaper by others o the Superior Court of Kiag and Snohomish Counties. The notice, in the exact form annexed, was published in the regular and entire issue of said paper or papers and distrib- uted to its subscribers dLi ring all of the said period. Pan@ Hansen u e. }�f • ��N,S]'[Firy �����lc��.tlin{ Signati gibed and sworn to before me on _Au ( e - Christi A� C1L, : _ M � Ei tea_ otary Public in an, for of Washington, residing at Seattle Re: Advertiser Account # 107302 Ad #: 570954 Agency Account #: 0 Agency Name: 1� Cily of Aulsurll CANCELLATION of F tihlic AD TEXT 1 6119115 Cancelled d un dl Revs ed tlo 417 6115) NOTICE 15 HEREBY GIVEN thcll Pie pub- lic haoring alt August 19, 2015 has beenM�� CCejjled [Ind the public flouring date revlsecl. T�-leering txurniner will conduct a public hearing on Wednesday, September ill 2015 al 5:3GPM, In the Counc11 Chaln- hers of Auburn City Hall locufod at 25 'Nest Main Street on the Following: Germ proposal IS (I 5oeclgl rlarne UCCUParlon Permit [ "SHOP ") fol• u landscape con - traCtar tu5lness an properly containing one (1) existing single - family rasfdallce{ detached accessory burns and sheds, al1Py two (2) shipping eOntoinors. The two [21 rosldont- ownars and one {1) non- reslden owner of the business wlll employ twenly [20) alTiplpyees who park their personal vehicles on an existing graveled parking area 7;00um — 3:30pm and work off -sltc for the durotlon. No customer visits ❑ - de- liverles to the property ❑rc proposed. The ]115Illess wilt also utill =e the propel-fy for parking of business velllclas riot excaad- Ing 10,000 Ib, gross voh10c! wotgMe storage of mquipmelll, IBCIIJdI110 ICUbottl and Cot - erpli or tractors, and dcposliion of gl'abS cllppinos as animal food and leaves for decomposition. The existing shlopind ton - talners c[re prooascd lu he removed clr)d storage space replaced with on addition to the existing single- farnlly residence or de- tached gorage. A 5ighl- ohscuriny Fence 6' In height 1s also proposed to be construct - ed along the north and wost Pronorty tlnrs lo screen odlacenI reslclontlul froln all - premise octiv111es. The business will only use tho oxistlno single- family residence for phone and fax purpases. Any interested person Is invited le appear and oxpross comments or opinions. Wril- fell comments may be suhmItted up untll and at the public hearinu to Gary Yoo, Planllar 11, Cumrrlanity Development & Public Works Deportment, 25 West Naln Street, Auburn, N1A 12 8uG1 -4Y00. It you hove further comments or questions, please contact Gary You al gyaa@nuburnwu.aav or (253) 2813 -4301. For citizens whir speech, sight or heclring disabilities wishing lo review documents nerfoilllllg to hrls hearing, should contact the City of Auburn wlllllll 10 cglelldor days prior to Rleeting, cis to the type of ser- vice or equipment needed. Each request will he caltsiderecl Individually according to the type of request, file availability of re- snurces, and 115a fin anclol ah111ty of the City to provide the recluested services a eci ulpinen1. �s` a • r, 29244 140th AVE SE Exhibit 7 'k ' - a Imate -07 ` Ord` P� dy -.M • - [41 mort"I'TA Secondary landscape material deposition area /pasture Occasional landscape material deposition area /pasture Awn Primary landscape deposition area Single- family reside 0.0"IL { Conx4er�d YubotatCactoC d, * garage oed Shipping Stab \e Partially graveled container o parking area Shipping container r- tdoor storage Printed Date:9 /1 /2015 N Map Created by City of Auburn eGIS Information shown is for general reference purposes only and does not necessarily W E represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. S 29244 140th AVE SE Exhibit 8 r ro ` �� ` •,a � •• ` i" w � t M t r � r L_ r yr y K �+ IR a 5 Printed Date:9 /1/2015 N Map Created by City of Auburn eGIS Information shown is for general reference purposes only and does not necessarily W E represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. S t000-51 S I W """' seeW a16000 6 gzazuXH Icnry & Carol Isenberg :9509 140 AVE SE luDurn. WA 98092 City of Auburn. WA Auburn Community Develonment & Public works J)enr 25 West Main Str= auburn. WA 98001 -4998 Ja1v 30.2015 Attention: Gary Yao. Planner L Dear sir. Exhibit 10 RECEIVED PERMIT CENTEt AUG 0 4 2015 $1G �c . TIME- ,... Regarding: NOA MIS 15 -0004 Proposed rezoning for Special Home Occupation Permit for a landscape contractor business. We live on this street and wish to strongly object to the rezoning of tnis proper. This property is on a dead end street that was not designed for the increased traffic that this businesF has added to our nciQhborhood. At times the street is blocked with cars and trucks of employees waning to get into the property. The access gate is always closed and locked resulting in the employees waiting for someone to come from the house to open it. This causes problems with access to the adjoining houses and mailboxes. Also the traffic going to the houses beyond the in question property have a difficult time driving through. his is a residential area and we are concerned that rezoning for one business will open the area to future rezoning for other business. Businesses do not belong in residential neighborhoods. Businesses change the character of the area. We have a rural farm atmosphere and we do not want the character of our rural neighborhood to be changed with businessed.:, Their business trucks have also been seen on the property directly west of their property. It appears that they may be using this property as part of this business. We also have concerns with the security of our neighborhood. The business in question has been broken into and they have installed chain link fence around their property. Our neighbors had inc:: barn broken into and an expensive electric fence charger is missing and mail has been taken iron mailboxes and found in the ditch along the road. This has happened since their business opened. The owners do not seem to have regard for current laws. For example, the property is being used as a refuse dump for all of the lawn grasses and shrub trimmings. They have filled what was a wetland with these trimmings raising ground level and changing the natural water flow off the hill. We are concerned that this will have a detrimental effect on the gravel road which is a private driveway for several houses as the natural drainage has been plugged up with the notential water flow now over our road. 0 We wish to receive notice of anv hearings and request a copy of decisions once made. ^ :sincere' , �•J eery L Isenber 4Caroi be U9 W-mmm 42: July 30, 2015 City of Auburn Planning Department Attention: Gary Yao, Planner II 25 West Main Street Auburn, WA 98001 RE: File #MiS15 -0004; Green River Landscape, Inc. Dear Mr. Lao, RECEIVED PERMIT CENTER $y 4Y 11ME AUG 0 4 2015 This letter is being submitted in response to your letter received by mail delivery on July 23, 2015 pertaining to the business activity of Green River Landscape, Inc. at 29244 140th Ave. SE, Auburn, WA. In your letter, you asked for any comments that may be instrumental in the decision on whether this business should be allowed to operate in this location. It is presumed that the concerns expressed by you in your letter represent all of the concerns that the City of Auburn has regarding the operation of a landscaping business at that location. What your letter did not say was whether the City felt that this business was even remotely close to meeting the requirements for a Special Home Occupation Permit (SHOP) and what your findings indicated through a staff report. A reference to a staff report that could be accessed remotely would have been appreciated. You also did not indicate what the zoning was for this area, the size of the property or what was allowed under the current zoning designation. Not telling all of the pertinent facts for people to take and base an informed decision upon could be seen as deceptive and misleading. It is hoped that by responding to your letter with this one and others that are to follow throughout this process will bring out all of the relevant issues that must be weighed in order to determine compliance. You received a letter late last year that described what had been observed at the subject property and how they related to the R -1 zoning for this area. In that letter was a point by point listing of 10 violations of the 13 requirements for a SHOP and how mandatory conformance with 11 of those 13 requirements had not been met. An updated version of that letter has been attached to this response for your review as it was a reflection of many of the concerns expressed by residents on 14011 Ave. SE. You have also had periodic contact with at least one resident on this street that would inquire as to the status of this case and give you updates of observed illegal activity, to which you would reply that you were still waiting for the subject property resident to reply with an application for his SHOP. At one point, you stated that you needed to get this case moving and that you would impose a deadline for getting their complete application submitted to the City. All the while, the business has expanded with the i 6f 4 addition of another storage container, more equipment, and who knows what else, all because of your display of inaction and non - concern for the City residents that live on 14Wh Ave. SE, The City does not have a business license on record forthe subject property and, instead of informing the business that they were operating illegally and that they have to cease operations until their SHOP was approved, you continued to allow this case to languish. This business has been in operation since locating to this site after the sale of this property to them several years ago. The City has not collected the business taxes that they are owed and this "looking the other way" has cost the City in lost revenue. it has been confirmed that the business is not registered with the State for this location, but rather for a location in Kent. I wonder if the City even checked that or any of the other claims presented to them since the time that Jason Arbogast, Code Enforcement Officer, visited the site in October of 207,4. Speaking of licenses and permits, why have you not addressed anywhere the illegal land fill and grading operation that is a byproduct of the business? The 4-5 landscaping trucks can probably haul 5 cubic yards of yard debris in one load. Take that times 2 trips per day per truck, 6 days a week over 5 years and you get many thousands of yards of fill, not compost, over that period of time. The City requires a land altering permit for such actions, but I find no mention of this as a determining factor on whether this past and continued activity should be allowed. I believe that your code, if read properly, requires that lack of a permit means that it should either be permitted or removed. If you have no definitive proof that any of that activity took place, you should place all of the neighboring residents under oath and ask them. The cows, horses, and at one point, 21 goats, used to feed off of this matter that has since become a massive pile of rotting vegetation. None of it has ever been processed into any form of compost that may have value somewhere else, The level of the fields lining both sides of their long driveway has risen considerably with no provisions made for storm drainage, water retention or anything else. It would be valuable to know how many other properties within the City have had similar actions performed on them without land altering permits and City approval. The City has not done their job in stopping this illegal grading and fiiling activity once being informed of it in October of 2014. The proposal in your letter mentions that there will be 20 employees for this business parking on an existing graveled surface. You need to be aware that you failed to mention the size of that "newly created" graveled surface which also has room for all of the trucks and equipment that go with the business activity. You also did not inform us of the limit to the parking in an R -1 zone and whether the area meets all of the requirements for size and storm water retention and drainage. The residents need you to know if that huge parking area meets any code standard for the City and whether the City proposes that it meets code like other propertles have had to de in Auburn. This parking area is so large and non - complying that the State would probably consider it a violation also under State and Federal regulations for storm water management and erosion control. It really is a surprise that this reality and its associated effects on the land did not warrant a concern from the City. The hours of operation mentioned in your letter of 7:00am to 3:30pm are not representative of the activity that starts there before 6:00 am and often ends after 5:00 pm. On July 3011 for example, it was observed that the first employee arrived at 6:00am and left in a work truck 20 minutes later. The rest of the workers were there by 7:O0 am and left after neighbors had to listen to back up alarms and truck engines. There were periodic dump loads brought back during the day and some water jug filling runs before the final truck returned at 5:45pm. This is documented as standard practice and it is hard to understand how in your observations, you came up with the operating hours that you did unless you didn't check anything out for accuracy. Customer deliveries also occur during the day from Matco Tools and Cintas, the uniform people, and you state that this is not proposed. Well, maybe it is not proposed, but there they are. The proposal mentions that the shipping containers will be removed and replaced with an addition to the residence or by adding a detached garage for support of the business. I believe that your code in Section 18.60.060(M) states that, "the residence shall not differ from its residential character either by the use of... construction, lighting, emissions of sounds, noises.., traffic impacts inconsistent with the character of the area ", etc. The proposal you are recommending is a violation of this section of your code and it makes no sense that the City would recommend violating the code to correct a code violation in an R -1 residential zone. It would be interesting to know how many instances there are where the City has allowed a commercial addition to a residence or where a commercial use garage was added in an R-1 zone for the purpose of establishing a location for a SHOP that employs 20 people. The next proposal in your letter is to add a 6 foot fence along the north and west sides of the property to screen the residences from seeing the non - residential uses occurring on the subject property. The assumption that can be made from this proposal is how two fences will make everything acceptable, but the activity at the subject property is still non - conforming per City code. Had anyone from the City actually walked the area where the fences are proposed, they would have seen that the subject property sits higher than the surrounding properties and that a fence would conceal very little. one house on the north side is two stories on the south side and it clearly would look over any fence that could be constructed. One other aspect to consider in constructing a sight obscuring fence is that doing so would not be in character with any other property in the surrounding area, which could be construed as another violation of 18.60.060(M) . Other issues surrounding the parameters under which a SHOP may be granted were not mentioned in your letter and many of them are huge governing factors when it comes to whether this subject property qualifies as a legal use as a commercial business. Businesses are S of 4 supposed to be located in commercial zones and not where pastures once were used for raising and boarding livestock in an R -1 area. Property values have suffered because of Green River Landscape, Inc. and will continue to do so if allowed to continue under the City's proposal. It is believed that the role of the City is to enforce the zoning laws so that fair expectations for the allowable use of a property are maintained. The character of the area affected by the subject property has changed. The owners of Green River Landscape have stated that they have been burglarized several times of landscaping equipment and have made consistent improvements to fencing and added lighting, a locked entry gate and removed vegetation in order to combat the problems that they have brought to the area. It is definitely and without doubt known to all that the level of safety in the area has been diminished. The litter volume along the street has also increased from nearly none to over 184 pieces of garbage collected earlier this year on one single day. That was not a problem before this business came into the area. The residents on 140th Ave. SE have no cause or reason to support approval of a commercial enterprise as proposed by the City of Auburn for 2924414011 Ave, SE, be it a landscaping business or anything else. It is also believed that the codes of Auburn are there for a purpose and that the protection of property values and the property rights of all residents is incumbent upon the City to enforce. Those feeling strongly against your proposal and who agree with the findings presented in this response letter have acknowledged their support with their signatures below. 6 V 4=7�61,0 J&- 2Z0/s 02 V 46 0- PITT n CWmNEw-r This document is the Auburn City Code Home Occupations section with comments added in red italics. Sections: Chapter 18.60 HOME OCCUPATIONS 18.60.010 Purpose. 'RECEIVED 18.60.020 Requirements. PERMIT CENTER 18.60.030 Exemptions. AUG D 4 2015 18.60.040 Special home occupation permit, BY C-Alf 18.60.050 Businesses not permitted as home occupations. TIME . 18.60.060 Termination. 18.60-010 Purpose. The purpose of a home occupation is to allow certain activities to be undertaken for gain or profit within a dwe11ine or a building accessary to a dwell in in any zone in which dwellings are present. The home occupation shall be conducted by a resident of the dwelling unit and is to be conducted in such a manner that the residence shall not differ from its residential character either by the use of colors, materials, construction (detached garage with double garage doors is now enclosed and presumed to be in use for the business), lighting (lots of lighting installed to aid as a deterrent to thefts during dark hours), signs or the emissions of sounds (yes, back up alarms, equipment running), noises, vibrations or odors, or result in traffic impacts (huge impact) that are inconsistent with the character of the area in which the home occupation is located. )Ord. 6141 § 1, 2007; Ord. 4229 § 2, 1987.) 18.60.020 Requirements. Home occu pations are required to have a business license as issued by the city, comply with all city codes and ordinances, and shall be consistent with the following provisions: A. Only members of the immediate family residing on the premises and no more than one nonresident may be employed at any one time; provided, that home occupations with a nonresident employee shall provide off - street parking for the employee on si a (Violation: Father, owner, lives on site with his wife. Son, co- owner, lives in Kent and the business is registered there with the State. Employees, up to 20 in total, all live off -site and drive here daily and then away to work sites each day in the trucks for the business) 0 O O in I of U B. No mechanical equipment is used except such as is comma nly or customarily used for domestic, household or personal purposes for a dwelling unit for as deemed similar in terms of power, quantity, noise, emissions and type); ( Violation: About 5 large trucks with trailers, smaller pickups with other trailers, backhoes, tractors, mowers, weed trimmers, chainsaws, and a whole lot more are there as part of the business) C. Not more than one - fourth of the floor area of any building is devoted to such occupation, except far bed and breakfasts (Violation with the converted 2 -car garage. The conversion to a living space or for the support of the business was not done with a permit, and the current owner did it after they moved in. The City should check to see what the new use is as it is likely being used for the business) D. That such occupation shall not require internal or external alteration or involve construction features not customarily found in a dwelling (Violation: garage conversion mentioned above) E. The home occupation shall not involve the use of personal commercial vehicles as defined in ACC 18.04.245 for the distribution of materials to or from the premises. (Violation: The commercial trucks bring the yard debris from the day's work back to the property for dumping on the postures. In addition to these trips, trucks return during the day to dump debris or load up water coolers for the employees at their jobsites. Debris consists of clippings, trimmings, sod, some woody materials, leaves, etc. One truck can haul back about 4 -5 cubic yards of material. The owner claims that this is compost when it is landfill with organic debris. Currently, the cows and horses pick through it for food. No composting where it is managed, wetted, turned, and screened has ever occurred nor has any of the debris been observed loaded up and hauled away for use as compost). Deliveries or pickups by commercial delivery services shall not apply toward this limitation provided such pickup or delivery does not exceed twice per day fMatco Tools and Cintas trucks have been observed making deliveries); F. The conduct of any home_ occupation, including but not limited to the storage of goods and equipment, shall not reduce or render unusable areas provided for the required off - street parking. Additional parking is not allowed in arder to conduct a home occupation, except what may be required through the issuance of a special home occupation permit pursuant to ACC 18.60.040; (Violation: Additional parking on site has been created for the several employees that work there and for the equipment used in the business. The area was once covered with trees, pasture and bushes) a r- Co G. Only one sign is permitted, not to exceed 18 inches by 24 inches in area, non - illuminated, and attached to a building, except that home occupations in commercial or industrial zones may have signs consistent with the applicable zoning district; H. No display pertaining to the occupation, other than the one permitted si n, is visible from the street or adjacent residences (Violation; The machinery, containers and other related equipment kept openly on site constitutes a display); I. No more animals are maintained on the premises than what may otherwise be permitted in the zone; J. Except for bed and breakfasts, employee and customer visits shall be limited to the following hours of operation: 1. Employees from 8:00 a. in. to 6:00 p.m. Monday through Friday and from 9:00 a. m. to 6:00 p.m. on Saturday and Sunday, (Violation: Workers start arriving before 6:00 am and will usually return by 6 pm, generally, 6 days a week. During the summer, hours have gone past 6 pm) 2. Customers fro in 9:00 a. m. to 6:00 p.m.; K. Traffic generated by the home occupation shall be limited to a maximum of eight (two -way) client/delivery-related trips per day for those home occupations that operate by appointment only and do not have overlapping client visits. Ad other home occupations shall be limited to five (two -way) cIient/deIivery trips per day; (Violation: They generate for more trips than this. Traffic is in and out all throughout the day, exceeding all other traffic combined from the neighbors) Outdoor storage of materials, goods, products or equipment is not ailowed; ( Violation: Everything is stored outside or within shipping containers) M. The home occupation is to be conducted in such a manner that the residence shall not differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emissions of sounds, noises, vibrations or odors or result in traffic impacts inconsistent with the character of the area in which the home occupation is located. (Ord. 6419 § 6, 2012; Ord. 6141 § 1, 2007; Ord. 5897 § 21, 2005; Ord. 4229 § 2, 1987.) (Violation- see comments above in 16.10.010. in addition, traffic will sometimes pile up on the street while the employees wait for someone to Unlock the gate. The presence of these men who wait in silence is disturbing and intimidating to some of the residents who will wait for them to leave before venturing out of their homes. The character of the neighborhood was a quiet 3et'c;(v residential community on a dead end street. Since the landscaping business moved in, traffic, noise and litter has increased. So has burglaries for the neighbors and for the business itself,• several, in fort. 1 doubt that the business burglaries have been reported so as to not draw attention to the illegal business activities, but the business owner has often talked about this fact) 18.60.030 Exemptions. Garage sales, yard sales, bake sales, temporary home boutiques or bazaars for handcrafted items, parties for the display of domestic products, and other like uses do not need to comply with the requirements of ACC 18.60.020 as long as the use does not operate for mare than 20 days in any one calendar year or in violation of any other provisions of the Auburn City Code. To qualify for this exemption, garage and yard sales must involve only the sale of household goods, none of which were purchased for the purpose of resale. (Ord. 6141 § 1, 2007; Ord. 4229 § 2, 1987.) 18.60.040 Special home occupation permit. A. Special home occupation permits are required and must be granted by the hearing examiner for the following uses, even if the use meets all of the requirements of ACC 18.60.020(A) through (M), but in no case shall arty home occupation meet less than 11 of the 13 requirements: 1. Building and construction contractor services, to include landscaping services (unless the home occupation is solely used for office purposes); 2. Personal service shops; 3. Music and dancing studios; 4. Craft classes; 5. Animal grooming; 6. Home occupations that can only meet 11 or 12 of the 13 requirements as outlined in ACC 18.60.020(A) through (M). (Violation: By my observations, the business meets no more than 3 of the 13) i3. In considering applications for special home occupation permits, the hearing examiner shall consider the nature and conditions of aft adjacent uses and structures. No such special home _occupation permit shall be authorized by the hearing examiner unless the hearing examiner finds that: Lt of ta 1. The authorizing of such special home occupation permit will not be materially detrimental to the public welfare or injurious to the property in the zone or vicinity in which the property is located; (Real estate values have suffered with a business that resembles a junk yard compound with a lot of low -grade landfill visible from outside the property. The burglaries are also injurious to the property owners and at least two police reports have been filed for burglaries. The traffic is over the top and it is a nuisance that creates a less safe condition. When the workers are unable to enter the property and are stuck parked along the street where No Parking signs are present any traffic is reduced to one lane over a length of 13 to 20 vehicles) and 2. The authorization of such special home occupation permit will he consistent with the spirit and purpose of this title. (The use is not consistent with the spirit and purpose of this title, nor is it consistent with R -1 zoning. This use should have been disallowed by the City before ever being referred to the Hearing Examiner. it is very doubtful that anyone from the Planning Department ever went to the site to observe the full scope of activity that was divulged to them by the first version of this letter in 2014) C. In authorizing a special home occupation permit, the hearing examiner may impose such requirements and conditions with respect to location, installation, construction, maintenance and operation and extent of open spaces in addition to those expressly set forth in this title, as may be deemed necessary for the protection of other properties in the tone or vicinity and the public interest. D. A public hearing shall be conducted on all applications for a special home occupation permit. The hearing shall be held in the same manner as provided in ACC 18.70,040. {Ord. 6141 § 1, 2007; Ord. 4304 § 1(44), 1988; Ord. 4229 § 2, 1987.} 18. 60.050 Businesses not permitted as home occupations. The following uses shall not be permitted as home occupations: A. Automobile and motorcycle repair and body work (to include painting); 6. Automobile services, including stereo installation, car alarms and detailing; C. Heavy equipment repair and maintenance. (Ord. 6141 § 1, 2007.) 18.60.060 Termination. . .................... ............................... . . A. A home occupation may be terminated, revoked or suspended as provided for in and in accordance with the regulations for termination, revocation or suspension in ACC Title S. B, Notwithstanding any other provisions of this chapter or of the city code, a home occ Mt on may be immediately terminated if the city finds that the home occupation I s being conducted in a manner which is detrimental to the public health or safety. In the event of such immediate termination, the operator of the home occupation shall be advised that he or she shall have the right to request a public hearing on the propriety of such immediate termination, which public hearing, if requested, shall be conducted in the same manner as provided in ACC 18.70.040. (Ord. 6141 § 1, 2007; Ord. 4229 § 2, 1987. Formerly 18.60.050.) 6 OF CO Exhibit 11 Gary Yao From: Jason Arbogast Sent: Monday, March 23, 2015 10:59 AM ^ To: Gary Yao Subject: RE: Lic - 30279 5o we are still waiting to hear from them? I am just wandering if I need to put some pressure on them or if they are still within their timeframe to respond to the comments. Jason Arbogast Code Compliance Officer City of Auburn 253.804.5087 From: Gary Yao Sent: Monday, March 23, 2015 10:42 AM To: Jason Arbogast Subject: RE: Lic - 30279 Hi Jason, I have not received any additional information from the Applicant. Thanks, Ga ry Gary Yao Planner II City of Auburn (253) 288 -4301 From: Jason Arbogast Sent: Monday, March 23, 2015 10:08 AM To: Gary Yao Subject: Lic - 30279 Ga ry, Any update on this license? Are we still waiting for response? Thanks, Jason Arbogast Cade Compliance Officer City of Auburn 1 RECEIVED PERMIT CENTER LIAR 2 3 2015 By. .,,G Y ---- i"IME 253.804.5087 �1` 4.� Gary Yao From: Gary Yao SI N Sent: Tuesday, April 14, 2015 8 :51 AM To: RODRIGO Leos ( greenriverlandscaping @hotmail.com) pF-RMIT CENTER Subject: RE: pits/ answers for questions (BUS30279) APR 14 ?01',-1 Hi Rodrigo, H�Y Thanks again for the email response. Based on the information provided, there appears to be at least one criteria of Auburn City Code [ACC) 18.60.020 for home occupations unable to be met by the proposed business, unless the business is significantly changed. As a result, an approved Special Home Occupation Permit (application here) is required. Please include in the written statement all of the information in the previous email sent to me as well as all other information related to the business and provided for Business License application (BUS30279). In addition, please include the following information in the written statement: ■ Clarify whether or not the moving around of horse manure and breaking down of leaves with the Caterpillar tractor is associated with the business (in previous discussions, this appeared to have been associated with regular maintenance of the property). • What are the weights of the work trucks and enclosed utility trailers? ■ The number and types of animals located on the property. • How does the proposed business meet the intent and purpose of the R1 Residential zone per ACC 18.07.010(C), Lea Hill Overlay per ACC 18.21.010(A), and the purpose of a home occupation per ACC 18.60.010? • How does the proposed business meet or not meet each of the home occupation criteria per ACC 18.60.020? For your information, the business must meet at least 11 out of 13 criteria per ACC 18.60.020 even for approval of a Special Home Occupation Permit. The business does not meet the following criteria of ACC 18.60.020, as proposed: A. No more than one nonresident employee may be employed at anyone time. As proposed, 20 non - resident employees come and park at the property, Employees visits are limited to 8:00am- 6:00pm Monday- Friday and 9:00am- 6:00pm Saturday- Sunday. As proposed, employees come at 7:00am and leave at 3:30pm. L. Outdoor storage of materials, goods, products, or equipment is not allowed. As proposed, the shipping containers, which the City currently permits only on a temporary basis with an approved Temporary Use Permit and does not currently permit with a Building Permit, are not considered buildings. If instead proposing to build a detached shed or an addition to store the business equipment, please be aware that per ACC 18,60.020(C), not more than % of the floor area of any building can be used for the business. ■ M. The home occupation is to be conducted in such a manner that the residence cannot differ from its residential character. As proposed, since the business is unable to meet at least 11 out of 13 criteria of ACC 18.60.020, it is inconsistent with the residential character of the area. Though not asked for specifically in the Special Home Occupation Permit application, please also include: An aerial image or map showing where existing paved or graveled areas are and where non - resident employees pa rk. An affidavit that you or other owners of the business are residents of the property or documentation showing that the residents of the property are employed by the business. Per ACC 1$.60.010, home occupations can only be conducted by residents of the property, even if meeting at least 11 out of 13 criteria of ACC 18.60.020. Apologies for the long list of questions and information requested, but the Hearing Examiner, who ultimately approves or denies a Special Home Occupation Permit, makes his decision on whether or not the business is consistent with the ACC. In order for City staff to make a recommendation to the Hearing Examiner for the Special Home Occupation Permit, staff must be able to clearly specify how the business meets or does not meet the criteria of Chapter 18.60 ACC. Having all of the information on hand with the initial submittal will expedite processing of your application. Please let me know if you have any questions. Thank you, Gary Dairy Yao Planner II City of Auburn (253) 288 -4301 From: Gary Yao Sent: Tuesday, April 07, 2015 8:08 AM To: 'RODRIGO Leos' Subject: RE: pies/ answers for questions Thanks for the quick response, Rodrigo. I will follow up with any additional questions and if a SpeclaI Home Occupation Permit is required. Please find linked the Code Enforcement Complaint Form, as requested. Thanks again, Gary Gary Yac Planner II City of Auburn (253) 288 -4301 From: RODRIGO Leos [ma ilto; green riverlandscaping @hotmail.corn] Sent: Monday, April 06, 2015 10;14 PM To: Gary Yao Subject: pits/ answers for questions answer to question number I , ■ we have 20 en- iploycus z • they park on the back of the property shown on map • they come to work Monday true Friday • show up time 7.00 am leave time 3.30 pni answer to question number 2. • we have a 580 caterpillar tractor that we use to move horse manure around and also to help break the cycle of leafs faster in winter. answer to question number 3. ■ we have two shipping containers that we used as storage for our power equipment such lawn mowers, line trimmers etc, answer to question number 4, • there is no material deliver to our house we always buy materials at places where t] icy sale materials and we only buy what we use for work but we don't store any type of material at our current place, answer to question number 5. ■ the only equipment we have is our work trucks and enclosed utility trailers and they joist park overnight during the day they are all out working. thank you rodrigo lens owner 253-217-8102 The information contained in this electronic conu-nunication is personal, privileged and/or confidential information intended only for the rise of the individual(s) or entity(ies) to wbich it has been addressed.. if you read this communication and are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication, other than. delivery to the intended recipient is strictly prohibited. If you have received this comi- nunica %ion in error, please immediately notify the sender by reply e -mail. Thanhc you. Gary Yao "I— From: Kristina Church <KChurch @curranfirm.corn> Sent: Friday, May 01, 2015 3:56 PM To: Gary Yao Subject: property at 29244 140th Ave 5E, Auburn, WA Attachments: Ltr to Yao 5.1.15.pdf Mr. Yao, Please see the attached letter from John Casey. Kristina Church CURRAN LAW FIRM 555 West Smith Street P.D. Box 140 Kent, WA 98035 -0140 T (253) 852 -2345 F (253) 852 -2030 www, curi-anfi nn. com CONFIDENTIALITY NOTICE: The information contained in this ELECTRONIC MAIL transmission is confidential. It may also be subject to the attorney- client privilege or be privileged work product or proprietary information. This infonnation is intended for the exclusive use of the addressee(s). If you are not the intended rccipient, you are hereby notified that any use, disclosure, dissemination, distribution (other than to the addressees), copying or taking of any action because of this information is strictly prohibited. PPlease consider the environment before printing this email RECEIVED PERMIT CENTER MAY o 1 2015 TIME :� CURRANLAWFIRM May 1, 2015 T '1,53 852 2345 F 253 852 2030 F 253 650 8037 Curron Law Firm P.S. 555 "Iest Smith 5traet POM Ohme Box 'Z40 Kent, VVA 98035 -0140 curranflrm.cam City of Auburn Via Email and Q.S. Mail Attn: Gary Yao, Planner 11 gyao aiiburnwa. av Planning & Development Department 1 East Main Street Auburn, WA 98001 Re: Property at 29244 140 "" Ave SE, Auburn, Washington 98092 Dear Mr. Yao: Please be advised that I have been retained by Alfonso & GraGia Leos and Green River Landscaping, Inc, 1 will give you a call next week to discuss my clients' interest in a Special Home Occupation Permit and what options might be available to them. Thank you for your attention to this matter, Sincerely, CURRNN LAW FIRM P.S. f John M. Casey CaseV00Urr8i1 [[n71,com JMClkac cc: Green River Landscaping, Inc. Larry Kahn, Esq, A PROFrSSIONAL SERVICE CORPCN MYON Serving our commup),'ty since 1948. Gary Yao From: Gary and Deana Schenk Egdschenk @comcast.net> Sent: Monday, August 17, 2015 8:36 PM To: Gary Yao Subject: Green River Landscaping Mr. Yao, Thank you for visiting the subject property today and taking care of the business of the City of Auburn. You spoke with my wife and also witnessed the trucks coming in at 4:30 or thereabouts. I wanted to give you an update that you can us e LO that disputes what you are being told. The following occurred after you left: 1) Between 4:00 and 5:30, we documented 13 trips that were in or out of the property. Then, 2) A landscaping truck left at 5:30 3) A landscaping dump truck with trailer van came in at 6:05 4) Another truck and trailer came in at 6:10 5) Workers left at 6:11 6] A pickup truck and open trailer left at 6:11 7) Two workers left at 6:15 8) The last worker left at 6:20 All of this is nearly 3 hours after what you are being told is their quitting time. It does not make sense having a fully commercial enterprise located in a once quiet residential neighborhood. One other thing... I was off last week and was trying to sleep in on Wednesday when I heard a backup alarm from one of their trucks at 6:30 AM. I also heard them honk a horn. We had to shut our window to keep most of the sound out. This, and the accounting above, is normal. The first employee arrives close to 6:OOAM and it shuts down over 12 hours later with several loads being brought in to dump during the day. THIS 15 NORMAL!! How can any SHOP that violates 10 of the 13 requirements be allowed to continue, especially after it was started with lies to the neighbors in order- to keep us from reporting them? I hope that your report reflects the literal and intended purpose of the law, your zoning code, and that you will stand by that code and enforce it. Please keep your director fully informed on how this is progressing so that he is not suddenly embarrassed one day at a most inopportune time. Thanks, Gary -RECEIVED PERMIT CENTER AUG 17r' 2015 BY �'�( TIME ��. Gary Yan From: Gary and Deana Schenk <gdschenk @comcast.net> Sent: Wednesday, August 26, 2015 8:13 PM To: Gary Yao Subject: MIS15 -0004 Green River Landscape Attachments: green river landscape.xlsx Gary, We have been tracking most of the activity of the business comings and goings for several days. it has not been possible to catch every entry or exit, but we got a bunch of them. As you will see in the attached document, the first employee enters between around 5:10 AM, the rest by 7:00AM. Earlier this summer, that first employee was arriving at 5:50AM. I have observed that the guy that usually arrives around 5:10 is out by 6:20. The fleet sometimes gets out before 7:00AM, but they usually leave shortly after 7:00. They return periodically during the day to dump in the field. You will see that most of the afternoon activity is after 3:30PM and can go up to around 6:00PM. Anyway, this is all very typical and we do not want to continue monitoring if this is sufficient. We will try to get the pictures to you ASAP. Thanks, Gary & Deana RECEIVED PERMIT CENTER AUG 2 G 2015 TIME V r Gary Yao From: Gary Schenk <gdschenk @comcast.net> Sent: Saturday, August 29, 2015 7:42 PM To: Gary Yao Subject: Re: MIS15 -0004 Green River Landscape Gary, RECEIVED PERMIT CENTER AUG 2 D 2015 �'1�VIE I thought that you ought to know that it is Saturday night and one of the big trucks returned at 7:16 PM. I cannot say what the activity was today since we were gone all day, but this is what we saw at 7:16. Gary Sent from my iPad On Aug 27, 2015, at 7:45 AM, Gary Yao <gyao @_auburnwa.gov> wrote: Hi Gary and Deana, Thank you forthe detailed spreadsheet. I think these observations are sufficient information for my staff report. Thanks again, Gary Gary Yao Planner 11 City of Auburn (253) 288 -4301 From: Gary and Deana Schenk [mailto:gdschenk @ comcast,net] Sent: Wednesday, August 26, 2015 8:13 PM To: Gary Yao Subject: MIS15 -0404 Green River Landscape Gary, We have been tracking most of the activity of the business comings and goings for several days. It has not been possible to catch every entry or exit, but we got a bunch of them. As you will see in the attached document, the first employee enters between around 5:10 AM, the rest by 7:OOAM. Earlier this summer, that first employee was arriving at 5:50AM. I have observed that the guy that usually arrives around 5:10 is out by 6:20. The fleet sometimes gets out before 7:OOAM, but they usually leave shortly after 7:00. They return periodically during the day to dump in the field. You will see that most of the afternoon activity is after 3:30PM and can go up to around S:OOPM. Anyway, this is all very typical and we do not want to continue monitoring if this is sufficient. We will try to get the pictures to you ASAP. 0 0 Gary Yao From: Gary Schenk <gdschenk @comcast.neta Sent: Sunday, August 30, 2015 8:12 AM RECEIVED To: Gary Yao PERMIT CENTER Subject: Re: MIS15 -0004 Green River Landscape AilC 3 0 2015 Gary, By 5' Sorry to pester you again with this, but it is Sunday morning and we got to iisten to backup alarms be ore 8 0D AM. fi 0 landscaping trucks left at 8:03 AM which means that the employees arrived well before then. Thanks, Gary Sent from my !Pad On Aug 27, 2015, at 7:45 AM, Gary Yao <gyao @auburnwa.gov> wrote: Hi Gary and Deana, Thank you for the detailed spreadsheet. I think these observations are sufficient information far my staff report. Thanks again, Gary Gary Yao Planner fl City of Auburn (253) 288.4301 From: Gary and Deana Schenk [mailto: gdschen k comcast.net] Sent: Wednesday, August 25, 2015 8:13 PM To: Gary Yao Subject: MIS15 -0004 Green River Landscape Gary, Jr We have been tracking most of the activity of the business comings and goings for several days. It has 0 not been possible to catch every entry or exit, but we got a bunch of them. As you will see in the attached document, the first employee enters between around 6:10 AM, the rest by 7 :00AM. Earlier this summer, that first employee was arriving at 5:50AM. I have observed that the guy that usually arrives around 6:10 is out by 6:20. The fleet sometimes gets out before 7 :OOAM, but they usually leave shortly after 7:00. 1 They return periodically during the day to dump in the field. You will see that most of the afternoon activity is after 3.30 PM and can go up to around 6,00P M. Lo OR--& Anyway, this is all very typical and we do not want to continue monitoring if this is sufficient. We will try to get the pictures to you ASAP. i Gary Yao From: Gary Yao Sent: Thursday, August 27, 2015 8:45 AM To: John Casey (JCasey @curranfirm.com) Cc: RODRIGO Leos ( greenriverlandscaping @hotmail.com) Subject: MI515 -0004 Green River Landscape - Hours of Operation Good morning John, As I was working on the Staff Report, I realized that the original application and resubmittal did not address whether the business will be in operation on Saturdays and Sundays. Could you clarify? Also, rased on several site visits and neighbor observations, employee and business vehicles have been observed to arrive and leave outside of the stated 7:00am and 3:30pm hours (beyond a 10 -15 minute deviation from those hours). Please clarify when the first employee or business vehicle arrives in the morning and when the last vehicle leaves in the afternoon, as this information will be needed for the City and Hearing Examiner to accurately assess the character of the business and may have implications for traffic impact fees. Please respond to these questions via email (i.e. no hard copy resubrittaI is necessary). Thank you, Gary Gary Yao Planner II City of Auburn (253) 288 -4301 The information contained in this electronic communication is personal, privileged and/or confidential information intended only for the use of the individual(s) or entity(ics) to which it has been addressed. If you read this communication and are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication, other than delivery to the intended recipient is strictly prohibited. If you have received this communication in error, please immediately notify the sender by reply e -mail. Thank you. PERMIT CENTER AUG 2 7 2015 t 0 0 0 Lr) V) Date Time in 8/17/2015 4:05 4:20 4:35 4:30 6:05 6:10 811817015' 6:10 AM 3:50 3:55 4 :00 4:05 4:10 4:15 4:20 5:30 1819/2015 I I — 1 4:05 6:10 _ business vehicles 4:15 business vehicles 3:3_0 business vehicles 3:30 business vehicles 3:40 employee vehicle 4:27 3:40 4:30 3:40 Vehicle No morning monitori landscaping tuck employee vehicle employee vehicle employee vehicle employee vehicle landscaping truck work van employee vehicle employee vehicle employee vehicle employee vehicle employee vehicle employee vehicle employee arrival landscaping vehicle departures Time out Notes Exhibit 121 4:10 (Gary Yao observed these times while he was 4:40 posting the new public hearing date 4:45 4:50 All of these are only business done after 5:00 quoted business hours 5:10 All of these are employees vehicles or non 5:30 commercial vehicles unless otherwise stated 5:30 5:30 5:30 6:15 6:15 6:15 6:20 6:21 AM comm. Truck and trailer commercial. Van comm. Truck and trailer 4:05 business vehicles _ business vehicles 4:15 business vehicles 4:25 business vehicles 4:25 business vehicles 4:26 employee vehicle 4:27 _ employee vehicle 4:30 employee vehicle 4:31 employee vehicle 4:35 employee vehicle 4:35 employee vehicle 4:45 employee vehicle 5:05 employee vehicle 5:15 employee vehicle 5:15 employee vehicle 5:15 employee vehicle 5:16 employee vehicle 5:19 employee vehicle 5:25 employee vehicle 6:02 In at 6:10 and trucks leaving at 6:20 6:20AM commercial truck 3:50 commercial truck work van _3:50 3:50 commercial truck and trailer 3:50 _ commercial truck and trailer _ 3:55 21 total in and outs outside of work hours (afternoon only) This day was a 12 -hour work day 29 in and outs beyond work hours 1 8/21/2015 sw �¢ o • N 3:40 commercial truck and trailer commercial truck and trailer commercial truck and trailer 3:50 3 :50 4:10 pickup truck and trailer pick up truck and trailer large commercial dump truck employee vehicle employee vehicle 4:15 4:20 commercial truck and trailer company van commercial truck and trailer _ employee vehicle employee vehicle _ employee vehicle employee vehicle 4:05 4:10 - 4:10 Employees not able to enter property 4:10 due to employees exiting. 4:20 Piled up in front of resident mailboxes. 4:20 Residents waiting to pass southward to homes 4:20 _ Workers from 4:30 -5:30 moving trucks 4:30 around the pasture, horns honking, 4:55 backup sirens on large trucks, 5:27 Kubota tractor moving daily. 5:30 This day was an approx. 11 -hour day 5:30 28 in and outs in the afternoon only past posted work hours 3:42 - - -- 3:44 3:50 4:05 4:06 4:06 4:07 4:10 4:22 4:24 4:26 4:27 � - - - -- 4:28 — 4:32 1 Approx. 11 -hour work day 4:33 '25 in and outs in the afternoon after 4:51 quoted work hours, not counting 4:52 morning before work hours 3:36 — 3:42 3:45 3:57. 3:52 -- -- 3:55 4:05 _ 4:15 4:15 4:15 24 in an outs in the afternoon beyond 4:20 quoted work hours 4:20 Vehicles entering property 6:15 am 4:35 Vehicles leaving property 6:15 -7:00 before 5:05 quoted business hours t Employees entering prior to 7:00 All trucks out by 7:00AM commercial dump truck commercial truck and trailer 3:10 3:40 3:40 commercial truck and trailer company van commercial truck and trailer 3:55 3:58 4:02 commercial truck and trailer pickup and trailer employee vehicle 4:16 employee vehicle employee vehicle employee vehicle employee vehicle employee vehicle employee vehicle pick up truck w/ trailer employee vehicle employee vehicle employee vehicle Morning- 6:10 first arrival _ pick up truck 4 :53 3:30 3:30 commercial truck and trailer commercial truck_ _ 3:35 3:40 commercial truck and trailer 3:40 commercial truck and trailer commercial truck and trailer 3:50 3:50 commercial truck and trailer 4:02 commercial van 4:05 truck and trailer employee vehicle _employee vehicle employee vehicle _ employee vehicle - -- employee vehicle 4:05 4:10 - 4:10 Employees not able to enter property 4:10 due to employees exiting. 4:20 Piled up in front of resident mailboxes. 4:20 Residents waiting to pass southward to homes 4:20 _ Workers from 4:30 -5:30 moving trucks 4:30 around the pasture, horns honking, 4:55 backup sirens on large trucks, 5:27 Kubota tractor moving daily. 5:30 This day was an approx. 11 -hour day 5:30 28 in and outs in the afternoon only past posted work hours 3:42 - - -- 3:44 3:50 4:05 4:06 4:06 4:07 4:10 4:22 4:24 4:26 4:27 � - - - -- 4:28 — 4:32 1 Approx. 11 -hour work day 4:33 '25 in and outs in the afternoon after 4:51 quoted work hours, not counting 4:52 morning before work hours 3:36 — 3:42 3:45 3:57. 3:52 -- -- 3:55 4:05 _ 4:15 4:15 4:15 24 in an outs in the afternoon beyond 4:20 quoted work hours 4:20 Vehicles entering property 6:15 am 4:35 Vehicles leaving property 6:15 -7:00 before 5:05 quoted business hours t employe—e--vehicle 5:45 Approx. -11 hour day 8/24/2015 Workers arriving 6:15 -6:45 am; (5) from 6:34 and 6;45 equipment exchange 'large truck and trailer worker 3:57 Vehicles honking at exiting workers 3:40 on street 12 :45 4:12 4:12 3:50 3:50 3:51 Trucks returning going into field and moving___ 4:40 3:51 truck and trailer van employee vehicle 4:00 debris. Back up sirens and horn honking 4:01 4:02 4 :22 – — employee vehicle -- employee vehicle employee vehicle employee vehicle 4:32 4:33 employee vehicle employee vehicle employee vehicle 4:35 4:40 4:43 4:45 Approx. 111/2 hour day 4:46 Approx. 28 in and outs outside of afternoon _ employee vehicle _ employee vehicle employee vehicle employee vehicle 4:55 quoted work hours, This does not 4:55 count workers entering prior to 7:00. Morning- 6:10 first arrival 8/25/2015 3:35 commercial truck and trailer commercial truck and trailer commercial truck 3:40 3:42 3:47 commercial truck and trailer commercial truck and trailer commercial truck and trailer All work done this day was before or after 3:48 3:50 _ 3:51 commercial truck employee vehicle employee vehicle commercial truck quoted work times. f First vehicle left after 3:30 work time All other veh ides left after 4:05 3:55 3:55 3:52 3:55 commercial truck Exhibit 13 Gary Yao From: James Webb Sent: Thursday, August 27, 2015 3:51 PM To: Gary Yao Subject: RE: MIS 15 -0004 Green River Landscape Traffic Impact Fees @ APN0321059020 Attachments: Copy of green river landscape.xlsx Gary, based on the PM peak hour observations you provided, the business generates an average of 15 trips during a typical weekday PM peak hour (see the revised spreadsheet). This equates to an impact fee of $ $43,850.52. James. From: Gary Yao Sent: Thursday, August 27, 2015 12:35 PM To: James Webb Subject: RE: MI515 -0004 Green River Landscape Traffic Impact Fees @ APN0321059020 Oops, sorry. Gary Gary Yao Planner II City of Auburn (253) 288 -4301 From: James Webb Sent: Thursday, August 27, 2015 11:30 AM To: Gary Yao Subject: RE: MIS15 -0004 Green River Landscape Traffic Impact Fees @ APN0321059020 Can you please attach the spreadsheet. From: Gary Yao Sent: Thursday, August 27, 2015 11:28 AM To: James Webb Subject: RE: MIS 15-0004 Green River Landscape Traffic Impact Fees @ APNO321059020 James, My personal observations were limited to about two days, about 10 -20 minutes each day. The neighbors did observe for multiple days and time- stamped each trip (see attached Excel spreadsheet). Please let me know if that makes a difference. Thanks, Gary - MCEIVED PERMIT CENTER g� G AUG 2 1 ?V Gary Yaca Planner II City of Auburn � m {253} 288 -4301 ,From: James Webb .:Sent: Thursday, August 27, 2015 11:07 AM To: Gary Yao Subject: RE: MIS15 -0004 Green River Landscape Traffic Impact Fees @ APNO321059020 a °' Gary — can you tell me more about your observations? Were the observations for the entire 4 -6 pm peak period? How .many days were observed? Did you time stamp each trip? �%1, 4; 'The only ITE use which is similar is wholesale nursery, which has a trip generation rate of 0.47 pm peak hour trips per ax employee. Running this through the impact fee spreadsheet results in a total fee for 25 employees of $24,044.75. Thanks, James. From: Gary Yao Sent: Thursday, August 27, 2015 10:24 AM To: James Webb Subject: MIS15 -0004 Green River Landscape Traffic Impact Fees @ APNO321059020 Hi James, The number of employees is 20 (if approved, potentially conditioned for a max. of 25j. Hours of operation are 7AM -3PM as proposed, but observed comings and goings 4 -6PM. The property serves as a place where employees come to park their vehicles before heading to jobs off -site. Additionally, some of the landscape clippings are unloaded on the property. Phone and fax machine are also used for the business in an approximately 120SF bedroom in the existing single-family residence. Please let me know if there is any additional information needed to estimate a traffic impact fee. Thank you, Gary (Garr Yao Planner II City of Auburn (253) 288 -4301 2 Date I Time in Vehicle 8/18/2015 6:10 AM employee arrival Tuesday landscaping vehicle departures Y'l— —I+ 6:21 AM (Votes 3:50 comm. Truck and trailer 3:55 commercial, Van A 'oo comm. Truck and trailer 4:05 business vehicles business vehicles 14:15 business vehicles A:25i: business vehicles y 25 This day was a 12 -hour work day 3p;g,;.,,`: business vehicles 4` 6 " employee vehicle employee vehicle employee vehicle employee vehicle;, ;435 employee vehicle �i 1ti5E: employee vehicle ' c,4.:45 °ii employee vehicle r�5;;05;Mq employee vehicle r5I5 employee vehicles ;75;T,� employee vehicle employee vehicle k5 employee vehicle employee vehicle employee vehicle 6:02 29 in and outs beyond work hours 8/13/2015 Wednesday 6:10 8/2,0/2015 Thursday 3:30 3:30 3:40 3:40 3:40 3:40 3:50 3:50 :4:"10 4•`.15 4:20 . 3:10 In at 6:10 and trucks leaving at 6:20 6:20AM commercial truck commercial truck work van commercial truck and trailer commercial truck and trailer commercial truck and trailer commercial truck and trailer commercial truck and trailer pick up truck and trailer pick up truck and trailer large commercial dump truck employee vehicle employee vehicle employee vehicle employee vehicle employee vehicle employee vehicle Employees entering prior to 7:00 All trucks out by 7:00AM commercial dump truck 3:50 3:50 3:50 3:50 3:55 4:1 } J 4:10 Employees not able to enter property due to employees exiting. 4:20 Piled up in front of resident mailboxes, 4:20 ` Residents waiting to pass southward to homes 4:20 Workers from 4:30 -5:30 moving trucks 4:30 around the pasture, horns honking, 4:55 backup sirens on large trucks, 5:27 Kubota tractor moving daily. ', 5. - iThis day was an approx. 11 -hour day 5:30 28 in and outs in the afternoon only past posted work hours 3:42 3:40 commercial truck and trailer 3:40 commercial truck and trailer 3:55 oomponyvon 3:58 commercial truck and trailer ^'+^��l 4:­0_2 commercia|trunkondhai|er '4.16`1� pickup and trailer employee vehicle employee vehicle employee vehicle employee vehicle employee vehicle employee vehicle employee vehicle pick up truck w/trailer employee vehicle employee vehicle 4:S3 ' —' employee vehicle ----------- 3:44 3:5O 4:32-::-:| Approx. 11,hour work day �S|n and outs (n the afternoon o�ar quoted vvorkhour4not mJunUng 4|SZ�!� morning before work hours ' — start time -end time Tues Wed Thurs Average 12 41 5 16 17 i .5." 0. 6_& 6b 5 5 3 0 67, 8 pr � L�r � LTI Exhibit 14 _7 hh FAR *Wq r -- aid r T. r Iq r 1 � ;r 1 ' , 1 itl 1 -777 Milk, WTI* 77, lot 4. I'll ass WT. M�ww W-M-W-WIP 41 411 Ar 4 a, is - :71 rM i6 vk5 -- Al it IF, Zw: p Aq: 'A tMt rr O'N rr Fs Y M- AA.- ? 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AA fit /i ya R rl V� r; r 1 r. r , 5 '7 M'i s � ' A'- a 1 7 ' 1�4 a, A.!' �1r��g +•.qv m/ ti ��ey��`' '+his. �: ,'C� � . - ,, ss•�t1,�° r� ,Ei^,W' ®id7R��W'r.'i _ „ �i� �a.J��':+ 1�� _ � - . r a a , s c y "Y i, q* Y "I W. fif 7l w,�� 1 • \Ilr► s Z ME A tt At Exhibit 22 Videos by Neighbor — Primary Landscape Material Deposition Area /Pasture (August 2015), Rec'd 9/2/15 Exhibit 22, Videos by Neighbor, can be accessed from the City's FTP site, which contains all of the exhibits. Instructions for accessing the FTP site are included below: 1) Go to https: / /sftp.auburnwa.gov. 2) Login with Username: planning PW: ftpfiles1 3) Open the "MIS15 -0004 Green River Landscape" folder. All Hearing Examiner exhibits are included in the "Hearing Examiner' folder. cY N L X W J �1 S E- ;,,, +IK . In � �� � =� z �� ����- .,:.