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Home My WebLink About10-18-2023 AgendaI.PUBLIC PARTICIPATION Public Participation Information The City of Auburn Hearing Examiner Meeting scheduled for Wednesday, October 18, 2023, at 5:30 p.m. will be held in person and virtually. To attend the meeting virtually, please click one of the below links, or call into the meeting at the phone number listed below: Join Zoom Meeting https://us06web.zoom.us/j/88914157132 Meeting ID: 889 1415 7132 One tap mobile +12532050468,,88914157132# US +12532158782,,88914157132# US (Tacoma) Dial by your location •+1 253 205 0468 US •+1 253 215 8782 US (Tacoma) •877 853 5257 US Toll-free •888 475 4499 US Toll-free Meeting ID: 889 1415 7132 Find your local number: https://us06web.zoom.us/u/kcwxM9rtbu II.CASE NO:MIS23-0012 Special Home Occupation for Golden Point Farms APPLICANT: Ryan Russell Golden Point Farms LLC 11428 SE 289th Street Auburn WA 98092 PROPERTY OWNER: Ryan Russell 11428 SE 289th Street Auburn WA 98092 REQUEST: Special Home Occupation permit using an existing 3,000 square foot greenhouse built in 1988, accessory to a single-family residence located on two parcels totaling 4.41 acres. The subject “Property” will be used to establish Golden Point Farms. The small farm aims to produce fresh specialty produce and ornamental plants that will be sold at the Auburn Farmer’s Market. The Property is screened by evergreens along the HEARING EXAMINER AGENDA October 18, 2023 5:30 P.M. City Council Chambers 25 West Main Street 1 of 40 entire fence line. Retail sales and/or farm stands open to the public are not proposed for the site. The Property is zoned Residential 1 DU/Acre as are surrounding properties that range in size from ½ acre to 6 acres. PROJECT LOCATION: The Property is located approximately 800 feet northeast of the intersection of SE 290th Street and 112th Avenue SE. King Co. Assessor Parcel Nos. 0521059081 and 0521059075. Quarter Section 5 NE/Township 21 N. /Range 5 E. WM, PARCEL NO(S): King County Assessor Parcel No. . 0521059081 and 0521059075 2 of 40 Hearing Examiner Agenda October 18, 2023 5:30 p.m. ________________________________________________________________________________ AGENDA BILL APPROVAL FORM HEARING EXAMINER Agenda Subject/Title: Special Home Occupation for Golden Point Farms City File No. MIS23-0012 Date: October 18, 2023 Department: Community Development DESCRIPTION: Request for Special Home Occupation permit to conduct a home business. ADMINISTRATIVE RECOMMENDATION: Hearing Examiner to conduct a public hearing and approve the Special Home Occupation permit. PROJECT SUMMARY: Special Home Occupation permit using an existing 3,000 square foot greenhouse built in 1988, accessory to a single-family residence located on two parcels totaling 4.41 acres. The subject “Property” will be used to establish Golden Point Farms. The small farm aims to produce fresh specialty produce and ornamental plants that will be sold at the Auburn Farmer’s Market. The Property is screened by evergreens along the entire fence line. Retail sales and/or farm stands open to the public are not proposed for the site. The Property is zoned Residential 1 DU/Acre as are surrounding properties that range in size from ½ acre to 6 acres. LOCATION: The Property is located approximately 800 feet northeast of the intersection of SE 290th Street and 112th Avenue SE. King Co. Assessor Parcel Nos. 0521059081 and 0521059075. Quarter Section 5 NE/Township 21 N. /Range 5 E. WM, APPLICANT: Ryan Russell, Golden Point Farms LLC, 11428 SE 289th Street, Auburn, WA 98092 PROPERTY OWNER: Ryan Russell, Golden Point Farms LLC, 11428 SE 289th Street, Auburn, WA 98092 EXHIBIT 1 3 of 40 Agenda Subject: Special Home Occupation Permit for Golden Point Farms – MIS23-0012 Date: October 3, 2023 Page 2 of 9 SPECIAL HOME OCCUPATION PERMIT Golden Point Farms MIS23-0012 I.GENERAL INFORMATION: Application Date: June 26, 2023 Applicant/ Property Owner: Ryan Russell, Golden Point Farms LLC, 11428 SE 289th Street, Auburn, WA 98092 Project Description: Special Home Occupation permit to use an existing 3,000 square foot greenhouse built in 1988, accessory to a single-family residence located on two parcels totaling 4.41 acres. The subject “Property” will be used to establish Golden Point Farms. The small farm aims to produce fresh specialty produce and ornamental plants that will be sold at the Auburn Farmer’s Market. The Property is screened by evergreens along the entire fence line. Retail sales and/or farm stands open to the public are not proposed for the site. The Property is zoned Residential 1 DU/Acre as are surrounding properties that range in size from ½ acre to 6 acres. Proposed Location: The proposal is located at 11428 SE 289th Street within the Quarter Section 5 NE/Township 21 N. /Range 5 E. WM, Parcel Numbers: 0521059081 and 0521059075 Subject Property and Adjacent Property Zoning and Land Use: Comprehensive Plan designation Zoning classification Current Land Use Project Site Single Family Residential R-1, Residential One Dwelling Unit Per Acre Single-family residence North Single Family Residential R-1, Residential One Dwelling Unit Per Acre Single-family residence South Single Family Residential R-1, Residential One Dwelling Unit Per Acre Single-family residence West Single Family Residential R-1, Residential One Dwelling Unit Per Acre Single-family residence East Single Family Residential R-1, Residential One Dwelling Unit Per Acre Single-family residence 4 of 40 Agenda Subject: Special Home Occupation Permit for Golden Point Farms – MIS23-0012 Date: October 3, 2023 Page 3 of 9 Vicinity Map II. SEPA STATUS: The Project is exempt from the State Environmental Policy Act (SEPA) per Washington Administrative Code (WAC) 197-11-800(13)(a) as a “business or regulatory license”. III. FINDINGS OF FACT: 1. Ryan Russell (the “Applicant” and property owner) submitted an application for a Special Home Occupation Permit on June 26, 2023 to use an existing 3,000 square foot greenhouse built in 1988, accessory to an existing single-family residence. The property consists of two parcels totaling 4.41 acres. 2. Home occupations authorized by and subject to the standards of Chapter 18.60 ACC “Home Occupations” are permitted within the R-1 zone. 3. The comprehensive plan designation of the two parcels is “Single Family Residential”. This designation is implemented by the zoning classification of the site as “R-1, Residential 1 dwelling units per acre”. 4. The stated purpose of the R-1 zone is as follows: Subject Property 5 of 40 Agenda Subject: Special Home Occupation Permit for Golden Point Farms – MIS23-0012 Date: October 3, 2023 Page 4 of 9 “ ACC 18.07.010 Intent. E. R-1 Residential Zone – One Dwelling Unit per Acre. 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. 5. The home occupation will employ only the residents of the single-family residence. In the future the owners may hire a part-time employee on a seasonal and temporary basis. The scale of the operation is small and doesn’t require staff beyond the homeowners. 6. The home occupation will occupy 3,000 square feet of the greenhouse. 7. According to the applicant’s narrative submitted with the application, the greenhouse has several fans. Some standard homeowner power tools will be used, but primarily the tools used will be hand pruners and watering hoses. The greenhouse is not sized for a tractor, nor does the business require a tractor. 8. Staff conducted a site visit on July 24, 2023 to verify the existing site conditions. 9. In accordance with the City’s home occupation regulations (ACC 18.60.040(C)), any home occupation that requires more than one-fourth of the floor area of any building requires a “Special Home Occupation Permit”. This same code section also requires home occupations that can only meet 11 or 12 of the 13 requirements require an approved Special Home Occupation Permit to be granted by the Hearing Examiner, and must meet a minimum of 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 non-resident 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. 6 of 40 Agenda Subject: Special Home Occupation Permit for Golden Point Farms – MIS23-0012 Date: October 3, 2023 Page 5 of 9 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.” 10.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, or result in traffic impacts that are inconsistent with the character of the area in which the home occupation is located.” 7 of 40 Agenda Subject: Special Home Occupation Permit for Golden Point Farms – MIS23-0012 Date: October 3, 2023 Page 6 of 9 11.Per ACC Table 18.52.020, “Off-Street Parking Requirements by Land Use”, two (2) off- street parking spaces are required per single-family dwelling. 12.A combined Notice of Application and Notice of Public Hearing (“Exhibit 4”) was issued on September 26, 2023. 13.The public hearing notice was issued a minimum of 10 days prior to the public hearing as required by ACC 2.46.130. The notice was also posted at the Site and mailed to adjacent property owners within 300 feet of the Site, as required. IV.CONCLUSIONS: The city’s home occupation 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) though (M). Staff Analysis The home occupation is for a farm established in an existing greenhouse that can meet at least 12 of the 13 requirements per ACC 18.60.020(A) though (M). A.The Applicant is the only employee but may employ one nonresident part-time/seasonal employee, and to include a parking space on the site. Staff finds that the home occupation meets criteria ACC 18.60.020(A). B.The Applicant states that no mechanical equipment will be used in the operation of the home occupation. Staff finds that the home occupation meets criteria ACC 18.60.020(B). C.The Applicant states that the entire 3,000 square feet of the existing greenhouse is required for the home occupation. Staff finds that the home occupation does not meet criteria ACC 18.60.020(C). This exceedance can be authorized as one of the allowed exceptions to the 13 criteria. D.No interior or exterior alternations to the home are proposed. Staff finds that the home occupation meets criteria ACC 18.60.020(D). E.The Applicant states that the home occupation will not involve the use of commercial vehicles, which are defined in ACC 18.04.245 as semi-truck tractors and/or semi-trailers over 26,001 pounds gross vehicle weight. Staff finds that the home occupation meets criteria ACC 18.60.020(E). 8 of 40 Agenda Subject: Special Home Occupation Permit for Golden Point Farms – MIS23-0012 Date: October 3, 2023 Page 7 of 9 F. The home occupation will not reduce or render unusable areas provided for required off- street parking. The Applicant does not plan to make changes to existing structures or yard area. The Property has ample space for parking if needed. The home occupation will not be open to the public or receive commercial deliveries. The home occupation will be conducted in a manner that will reserve two off-street parking spaces for the home and thus not reduce the home’s required two parking spaces. Staff finds that the home occupation meets criteria ACC 18.60.020(F). G. The applicant does not propose to have signage. The applicant has indicated that they do not want to provide access to customers to the property or draw attention to their home. Staff finds that the home occupation meets criteria ACC 18.60.020(G). H. The home occupation will not involve any display of signs. Staff finds that the home occupation meets criteria ACC 18.60.020(H). I. The applicant does not propose animals as part of the home occupation. Staff finds that the home occupation meets criteria ACC 18.60.020(I). J. The applicant does not intend to allow customers to the home, accept on a rare by- appointment-only occasion, and does not intend to have employees except a part- time/seasonal employee. The applicant shall comply with the hours of operation: 1) Employees from 8:00 am – to 6:00 pm. Monday through Friday and from 9:00 am – to 6:00 pm on Saturday and Sunday, 2) Customers from 9:00 am to 6:00 pm. Staff finds that the home occupation meets ACC 18.60.020(J). 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. The applicant provided in the narrative that they would not exceed these limits. Potentially an additional two-way trip could occur to go to a second farmers market on a weekend. Staff finds that the home occupation meets ACC 18.60.020(K). L. The Applicant indicates that materials, goods, and products will be stored inside the greenhouse for the home occupation. Staff finds that the home occupation meets criteria ACC 18.60.020(L). M. No exterior changes are proposed. The applicant has stated in the narrative that they do not intend to make changes to the existing greenhouse, that the property is fully screened by evergreen trees, and the business does not emit noise that can be heard from a neighboring property. Staff conducted a site visit of the property on July 24, 2023 in the afternoon. The home and greenhouse are located down a private drive that is not visible from the public street. The 4.41 acres is maintained with grass and landscaping. The greenhouse is located adjacent to and north of the residence and is in good condition. The site has ample 9 of 40 Agenda Subject: Special Home Occupation Permit for Golden Point Farms – MIS23-0012 Date: October 3, 2023 Page 8 of 9 parking for the residents and an employee or visitor to the property. Staff finds that the home occupation meets ACC 18.60.020(M). Staff finds the request meets the criterion, as conditioned herein. B. 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 observance of the staff recommended conditions. The home occupation meets 12 out of the 13 criteria of ACC 18.60.020(A) though (M), and the business license will be conditioned to either ensure that at least 12 out of the 13 criteria are met or to account for any potential materially detrimental impacts from the inabili ty to meet 1 of the 13 criteria as, as addressed in ‘Staff Analysis of Section IV. “CONCLUSIONS”. As consistent with the purpose of home occupations, the home occupation is undertaken for gain or profit within the greenhouse accessory to the dwelling, 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 single-family residential environment and consistent with the intent of the R-1 zone. STAFF FINDS THE REQUEST MEETS THE CRITERION, AS CONDITIONED HEREIN. V. STAFF RECOMMENDATION: Based upon the application, accompanying materials, Findings of Fact, and Conclusions of the staff report, staff recommends that the Hearing Examiner approve the Special Home Occupation Permit, MIS23-0012, with the following Conditions of Approval. VI. CONDITIONS OF APPROVAL: 1. The home occupation shall only have employees between the hours of 8:00 am – 6:00 pm Monday through Friday and from 9:00 am – 6:00 pm on Saturday and Sunday. Customers from 9:00 am – 6:00 pm in accordance with ACC 18.60.020(J). 2. The home occupation shall only employ one nonresident employee at any one time and an off-street parking space shall be provided for said employee. 10 of 40 Agenda Subject: Special Home Occupation Permit for Golden Point Farms – MIS23-0012 Date: October 3, 2023 Page 9 of 9 3.Traffic generated to 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. Staff reserves the right to supplement the record of the case to respond to matters and information raised subsequent to the writing of this report. VII.EXHIBIT LIST: Exhibit 1 Staff Report to Hearing Examiner Exhibit 2 Special Home Occupation Permit Application Materials Exhibit 3 Applicant's Supplemental Info Exhibit 4 Notice of Application/Notice of Public Hearing Exhibit 5 Documentation of Noticing Exhibit 6 Site Plan Exhibit 7 Presentation to Hearing Examiner 11 of 40 Page 1 of 2 CITY OF AUBURN Land Use Application #1311429 - GPF Greenhouse Approval EXHIBIT 2 12 of 40 Project Contact Company Name:Golden Point Farms LLC Name:Ryan Russell Email:ryan@dolpheus.com Address:11428 SE 289th St Phone #:(210) 865-9645 Auburn WA 98092 Project Type Activity Type Scope of Work New None Home Occupation Project Name:GPF Greenhouse Approval Description of Work: The greenhouse already exists and is a permitted structure since ~1988. The purpose of this application is for my small farm (Golden Point Farms) to be able to use the entirety of the greenhouse rather than ~840 square feet which would otherwise be the max given the 25% standard. We aim to provide specialty produce (e.g.: tomatoes, peppers, citrus, etc.) for sale at the Auburn Farmers Market. We see our greenhouse as a great way to have produce ready for market on opening day rather than having to wait until nearly the end of the season for a great tomato or a hot pepper. There is, however, an economy of scale that's required to make this tenable: we need to be able to use the entire greenhouse that's already on the site -- using just a small fraction of it would be prohibitively expensive to operate and wouldn't provide sufficient gross sales to allow our small farm to provide to the local community. Regarding impact to the neighbors, the property is fully fenced and fully screened in by evergreen trees, and the greenhouse is incredibly quiet -- just a few fans run, and they're not on the exterior walls anyway. We do not use grow lights at night, so there is no significant light pollution to speak of. Finally, we do not intend to place any signage, receive deliveries, have a farm stand onsite, or similar. So, we respectfully ask that the greenhouse that's already on site that was formerly Species West Orchids, can be approved for full use for our farm. Project Details Development Type Residential Page 2 of 2 CITY OF AUBURN Land Use Application #1311429 - GPF Greenhouse Approval 13 of 40 Supplemental Name: Special Home Occupation Review Criteria Per ACC 18.60.020, Home Occupations are required to meet the following requirements, please address each of them and state how this proposal is consistent. Note that a minimum of 11 of the 13 criteria need to be met to qualify for a Special Home Occupation. Provide a complete description of the proposed use. Golden Point Farms ("GPF") is our small farm that aims to bring high quality, fresh, specialty produce and some ornamental plants to the Auburn Farmer's Market to sell. Our property has on it our house and a greenhouse that was built in 1988 and was used for Species West Orchids. Our goal is to be able to use the full space of the pre-existing greenhouse for our home-based business. Currently the standards for home based businesses would limit the use to ~840 square feet given the size of our home; however, the greenhouse is 3000 square feet, so having to cut the business operation down to approx 1/4 the size of the structure would make the operational expense untenable, and we wouldn't be able to produce enough to make going to market worthwhile. The property is a 4.5 acre, private, screened in (evergreens along the entire fence line) area on the old Kearns farm. Our neighbors have similar properties. Notably, since we plan to sell at the Farmers Market and do not have any desire to have any retail or wholesale sales from the site address, traffic should remain essentially unchanged. Since this is our home as well, we don't want to have people coming in and out, don't have the scale or desire for commercial deliveries, etc. 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. We do not have any employees and do not intend to have any in the near future. If we were to later on want to hire a part-time employee, it would be seasonal or temporary -- the scale of this operation is quite small and doesn't justify having staff beyond the homeowners. 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). The greenhouse has several fans. Aside from that, while one could conceive using standard homeowner-type power tools, the majority of the tools used for this business will involve hand pruners and a watering hose. The greenhouse isn't sized for a tractor & the business doesn't use a tractor. In short, I believe I comply with this section. Not more than one-fourth (25%) of the floor area of any building is devoted to such occupation, except for bed and breakfasts. This is the area in which we are seeking a special permit for. The greenhouse as-built is 100' x 30' and has been there since 1988. The request here is to be allowed to utilize its entire square footage for our small farm. For some context, our property is 4.5 acres, and the neighborhood is zoned R-1, with many properties >2 acres each. This is the old Kearns farm, so one might even suggest that we're keeping with the land's historical use. That such occupation shall not require internal or external alteration or involve construction features not customarily found in a dwelling. No alterations are proposed to the dwelling. The structure in question has been in place and in the same format for ~34 years. 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. We comply with this -- We do not propose deliveries/pickups by commercial vehicles. Our small business does own an old pickup truck, and that's what we intend to use to carry our produce, tent, and tables to the Farmer's Market. 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. We would be compliant on this -- we do not intend to allow client onsite visits (perhaps a rare by-appointment-only visit at most), we do not intend to have employees or commercial deliveries, and all the business's goods/equipment will remain inside the greenhouse. We do not require any additional parking. Only one sign is permitted, not to exceed 18 inches by 24 inches in area, nonilluminated, and attached to a building, except that home occupations in commercial or industrial zones may have signs consistent with the applicable zoning district. We do not intend to put up any signs at all, as we do not want to bring customers to our property or draw any additional attention to our home. No display pertaining to the occupation, other than the one permitted sign, is visible from the street or adjacent residences. We do not intend to put up any signs at all, as we do not want to bring customers to our property or draw any additional attention to our home. No more animals are maintained on the premises than what may otherwise be permitted in the zone. Our farm does not propose having animals as part of it, so we are not requesting for and do not have intend to maintain animals beyond standard zone permitting. While we do some limited dog boarding, we are compliant with all regulations on quantity for the zoning. Jurisdiction:Auburn Project Name: GPF Greenhouse Approval Application ID: 1311429 14 of 40 EXHIBIT 3 Except for bed and breakfasts, employee and customer visits shall be limited to the following hours of operation: Employees from 8:00 AM to 6:00 PM Monday through Friday and from 9:00 AM to 6:00 PM on Saturday and Sunday, Customers from 9:00 AM to 6:00 PM. We do not intend to allow customer visits to the home at this time beyond a potential for by-appointment-only on rare occasion (not likely at this time). If we were to in the future, we would abide by the listed times. Further - we do not have employees or intend to have employees. Our farm isn't large enough to support that cost. 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. We would not exceed these limits. Our potential "scale up" might be to go to a second farmer's market on the weekend, but each would be one 2-way trip. As mentioned in a previous section, we do not intend to allow client visits. Outdoor storage of materials, goods, products or equipment is not allowed. We do not intend to store any business materials outside. All would be inside the greenhouse. 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. We do not intend to make changes which would cause anything to change beyond the last 34 years of use. When Species West closed, the owner of this property continued using the greenhouse, just not commercially. Similarly, I have maintained using the greenhouse personally for the last year since purchasing the property; the only proposed change is just in whether we can sell what we grow or not. That said -- we take steps to be good neighbors. Our property is fully screened in by evergreen trees, the business does not emit noise that can be heard from neighbor's houses, and GPF does not run unusual lighting which would be inconsistent with the area. Per ACC 18.60.040(B), in reviewing applications for special home occupations, the Hearing Examiner will consider the following criteria. Please provide a response to these criteria and explain how your Special Home Occupation (or proposal) complies. The nature and condition of all adjacent uses and structures. The use will be materially detrimental impacts to public welfare or injurious to property in the zone or vicinity in which the property is located; and Consistency with the spirit and purpose of ACC Title 18 (Zoning). For the first item, I would propose that since the greenhouse has been here for 34 years (permitted) and was a licensed business for ~1/3 of that, there's no substantial change since we intend to reuse the existing building. Additionally, the neighbor immediately adjacent to the greenhouse itself has a horse barn directly across the fence from the greenhouse. From my perspective, using the pre-existing greenhouse to grow produce for the community not only fits with the community -- it fits the history of Auburn. This is the old Kearns farm, and Lea Hill was historically comprised of a bunch of small farms. It's precisely that charm and history that drew us here, and that I know our neighbors love. Regarding the public welfare, our property is fully fenced, and the produce we intend to grow (tomatoes, greens, peppers, etc.) is something I'd consider a great contribution to public welfare! Since the operations of the business are inside it, there should be no property injury either; this is not some large scale tilling or broad pesticide spraying sort of ordeal. Our objective is to provide healthy, organically-grown produce. Regarding the Zoning ACC section, I believe this is within the spirit, because as I read the section it seemed to consider most home-based businesses to be in a more typical suburban neighborhood or similar. Those properties couldn't typically have a large greenhouse of similar square footage to the house without it being rather strange in a regular neighborhood. In this case, I think it fits well given the size of the property, the historical use, and the privacy afforded by being in a fully fenced and gated property. Additionally, I believe the spirit of Title 18 was also intended to prevent nuisances of excessive noise/traffic/chemicals/etc from causing neighbors undue burden. Our proposed use doesn't create any of these burdens, so I'm inclined to believe that this would be a representative example of the sort of case that would make sense to approve for special home occupations Jurisdiction:Auburn Project Name: GPF Greenhouse Approval Application ID: 1311429 15 of 40 NOTICE OF APPLICATION (NOA) NOTICE OF PUBLIC HEARING (NOH) Golden Point Farms Greenhouse Special Home Occupation MIS23-0012 The City of Auburn is issuing a Notice of Application (NOA), and a Notice of Public Hearing (NOH) for the following described project. The applications and listed studies may be reviewed at the Auburn Department of Community Development at One E Main St., 2nd Floor, Customer Service Center, Auburn, WA 98001 and by visiting www.auburnwa.gov/landuse. Proposal: Special Home Occupation permit using an existing 3,000 square foot greenhouse built in 1988, accessory to a single-family residence located on two parcels totaling 4.41 acres. The subject “Property” will be used to establish Golden Point Farms. The small farm aims to produce fresh specialty produce and ornamental plants that will be sold at the Auburn Farmer’s Market. The Property is screened by evergreens along the entire fence line. Retail sales and/or farm stands open to the public are not proposed for the site. The Property is zoned Residential 1 DU/Acre as are surrounding properties that range in size from ½ acre to 6 acres. Location: The Property is located approximately 800 feet northeast of the intersection of SE 290th Street and 112th Avenue SE. King Co. Assessor Parcel Nos. 0521059081 and 0521059075. Quarter Section 5 NE/Township 21 N. /Range 5 E. WM, Notice of Application: September 26, 2023 Application Complete: July 24, 2023 Permit Application: June 26, 2023 File Nos. MIS23-0012 Property Owner/Applicant: Ryan Russell Golden Point Farms LLC 11428 SE 289th Street Auburn, WA 98092 Studies/Plans Submitted With Application: •Site Plan, Golden Point Farms LLC, June 26, 2023 •Floor Plan, Golden Point Farms LLC, June 26, 2023 Statement of Consistency and List 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 received by the end of the 15-day comment period at 5:00pm October 11, 2023 to the mailing address of 25 W Main St., Auburn, WA, 98001 or to the contact email address below. 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, request a copy of decisions once made, and be made aware of appeal rights. For questions regarding this project, please contact Dinah Reed, Senior Planner, at planning@auburnwa.gov or 253- 931-3092. Public Hearing: The meeting of the City of Auburn Hearing Examiner scheduled for October 18, 2023 at 5:30 PM at 25 W Main St. will be held virtually and telephonically. To attend the meeting virtually please enter the meeting ID into the ZOOM app or call into the meeting at the phone number listed below. EXHIBIT 4 16 of 40 NOTICE OF APPLICATION and NOTICE OF PUBLIC HEARING MIS23-0012 (Continued) Page 2 of 2 Join Zoom Meeting https://us06web.zoom.us/j/87633805542 Meeting ID: 87633805542 One tap mobile 12532158782,,87633805542# US (Tacoma) +12532050468,,87633805542# US Any interested person is invited to appear and express comments or opinions on the proposed project. Written comments may be emailed or mailed to the contact person above, at 25 W Main St., Auburn WA, 98001, or submitted at the public hearing. For citizens with speech, sight, or hearing disabilities wishing to review documents pertaining to this hearing, should contact the City of Auburn within 10 calendar days prior to the meeting, as to the type of service or equipment needed. Each request will be considered individually according to the type of request, the availability of resources, and the financial ability of the City to provide the requested services or equipment. Vicinity Map Project Area 17 of 40 AFFIDAVIT OF MAILING OF LEGAL APPLICATION NOTICE Application Number: MIS23-0012 Property Owner/Applicant: Ryan Russell 11428 SE 289th Street Auburn, WA 98092 Location: The subject property is located at 11428 SE 289th Street, Auburn, WA 98092, King County Assessor Parcel No. 0521059081 Closing Date for Public Comments: January 9, 2023 I certify that on or before ___09/26/2023_____, I did send a Notice of Application for the above referenced application, as required by Auburn City Code 16.06.090 and 14.07.040, 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. Dinah Reed, Senior Planner EXHIBIT 5 18 of 40 1 Dinah Reed Subject:FW: RE: 63847 - Request to Publish Attachments:63847.jpg Dinah Reed, Senior Planner Department of Community Development City of Auburn | www.auburnwa.gov Office 253-931-3092 | DReed@auburnwa.gov Mailing Address: 25 W Main Street, Auburn, WA 98001 Permit Center Address: 1 E Main Street, Auburn, WA 98002 (Click Here for Map) Customer Service Survey | Application Forms | Zoning Maps Planning or Land Use Questions? Book an online meeting: Virtual Permit Center - City of Auburn (auburnwa.gov) From: Legals <legals@seattletimes.com> Sent: Thursday, September 21, 2023 10:37 AM To: Dinah Reed <DReed@auburnwa.gov> Subject: RE: 63847 - Request to Publish CAUTION: The following message originated from outside the City of Auburn. Be careful opening links and attachments This noƟce is scheduled to publish on Sept. 26, the total is $169.48. Thank you! Proof is aƩached. 19 of 40 2 Holly Botts (she/her) Legal Advertising Representative p: (206) 652-6604 e: hbotts@seattletimes.com From: Dinah Reed <DReed@auburnwa.gov> Sent: Wednesday, September 20, 2023 4:07 PM To: Legals <legals@seattletimes.com> Subject: 63847 - Request to Publish Hello, Please publish the aƩached by September 26, 2023. Thank you, Dinah Reed Dinah Reed, Senior Planner Department of Community Development City of Auburn | www.auburnwa.gov Office 253-931-3092 | DReed@auburnwa.gov Mailing Address: 25 W Main Street, Auburn, WA 98001 Permit Center Address: 1 E Main Street, Auburn, WA 98002 (Click Here for Map) Customer Service Survey | Application Forms | Zoning Maps Planning or Land Use Questions? Book an online meeting: Virtual Permit Center - City of Auburn (auburnwa.gov) 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(ies) to which it has been addressed. If you read this communication and are not the intended recipient, you are hereby notified that any dissemination, 20 of 40 3 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. CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. ”footer”" style="”background-color:" #ffeb9c;="" width:="" 100%;="" border:="" 1px="" solid="" #FFEB9C;="" padding:="" 2pt;="" border-style:="" solid;="" border-color:="" #9C6500;?=""> CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. 21 of 40 PUBLIC POSTING INSTRUCTIONS RELATED APPLICATION NO.: MIS23-0012 T.R. RECEIPT: PURCHASE PRICE: SEE CURRENT CITY OF AUBURN FEE SCHEDULE STAFF USE ONLY Staff informed applicant sign will be ready for posting (date):__September 21, 2023 Staff initials DSR Pursuant to Auburn City Code 1.27.030, the following public notice sign(s) are required: Type I Type III (Note: total number of signs 1 2 3)(circle) The above referenced project requires public notification for the following processes: Notice of Application Notice of Public Hearing Reconsideration Period Environmental Determination Appeal Period Other The sign must be posted on or before: September 26, 2023 FAILURE TO POST SIGN IN ACCORDANCE WITH INSTRUCTION AND AUBURN CITY CODE 1.27 WILL DELAY THE CONTINUED PROCESSING OF YOUR APPLICATION(S). The sign must remain posted for the duration of: 10 days 14 days 15 days 21 days Other: *Note: If multiple boxes are checked, the comment periods do not run concurrently. Do not remove the sign(s) until all public notification periods are exhausted. Sign(s) must be maintained until conclusion of all processes. Point of contact for the sign: Ryan Russell Golden Point Farms LLC 11428 SE 289the Street Auburn, WA Staff noted sign fee on ProjectTrak (date): 9/23/23 Affidavit of posting received from applicant (date): September 25, 2023 Staff noted the following noncompliance: Staff modified posting (date): , for the reason of: I received the number of signs indicated above. I understand that the signs must be posted in accordance with Auburn City Code (ACC) 1.27. I have received a copy of ACC 1.27 and understand the applicant/owner responsibilities outlined in section 1.27.040 and the specifications outlined in section 1.27.050. 9/26/2023 Signature Date     22 of 40 SITE POSTING INSTRUCTIONS 1.Posting signs shall be mounted on plywood or similar backing and posted with two stakes or posts. Should a fence exist at the front property line, the sign can be posted on the fence. 2.The bottom of the sign shall be approximately 3 ft. off the ground; maximum sign height shall not exceed 7 ft. above the ground. 3.The sign shall be placed facing the adjacent public street directly along the property’s street frontage. If the site does not abut a public street, the sign shall posted as directed by Planning staff. 4.Post the sign in a location that provides opportunity for passing motorists to safely pull out of moving traffic to view the sign and/or obtain information from the notice board. 5.If more than one sign is required, staff will indicate on a copy of the site plan where multiple signs should be posted. 6.You are responsible to return a signed “Affidavit of Posting” to verify the sign was erected in conformance with Auburn City Code requirements. 7.A delay in posting a site could delay issuance of permits and/or a scheduled public hearing. Please contact staff if you are unsure of the deadline for posting the site. 23 of 40 EXHIBIT 6 24 of 40 AUBURN VALUES S E R V I C E ENVIRONMENT E C O N O M Y C H A R A C T E R SUSTAINABILITY W E L L N E S S C E L E B R AT I O N GOLDEN POINT FARMS SPECIAL HOME OCCUPATION PERMIT MIS23-0012 HEARING EXAMINER MEETING OCTOBER 18, 2023 DINAH REED Community Development and Public Works Department Engineering Services ⚫ Administrative Services ⚫Environmental Services Community Development Services ⚫Maintenance & Operations Services EXHIBIT 7 25 of 40 Special Home Occupation permit to use an existing ~3,000 square foot greenhouse built in 1988, accessory to a single -family residence located on two parcels totaling 4.41 acres. The subject property will be used to establish Golden Point Farms. The small farm aims to produce fresh specialty produce and ornamental plants that will be sold at the Auburn Farmer’s Market. The property is screened by evergreens along the entire fence line. Retail sales and/or farm stands open to the public are not proposed for the site. The Property is zoned Residential 1 DU/Acre as are surrounding properties that range in size from ½ acre to 6 acres. HOME OCCUPATION PROJECT DESCRIPTION (MIS23 -0012) 26 of 40 SITE PLAN - BASEMAP 27 of 40 SITE PLAN - AERIAL 28 of 40 SITE PLAN 29 of 40 SERVICE ⚫ ENVIRONMENT ⚫ ECONOMY ⚫ CHARACTER ⚫ SUSTAINABILITY ⚫ WELLNESS ⚫ CELEBRATION MIS23 -0012 GOLDER POINT FARMS EXISTING GREENHOUSE ON SITE 30 of 40 GREENHOUSE INTERIOR 31 of 40 SERVICE ⚫ ENVIRONMENT ⚫ ECONOMY ⚫ CHARACTER ⚫ SUSTAINABILITY ⚫ WELLNESS ⚫ CELEBRATION MIS23 -0012 GOLDEN POINT GREENHOUSE PROCEDURAL CONSIDERATIONS In accordance with ACC 14.07.030 and .040 ➢Application deemed complete on July 24, 2023 ➢Notice of Application (NOA) and Notice of Public Hearing (NOPH) issued September 26, 2023 ➢Notices posted : ❑at site ❑mailed to adjacent property owners within 300 feet ❑published in the Seattle Times 32 of 40 18.60.040(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. SPECIAL HOME OCCUPATION PERMIT 33 of 40 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); HOME OCCUPATION CODE REQUIREMENTS 34 of 40 C.Not more than one -fourth of the floor area of any building is devoted to such occupation, except for bed and breakfasts; ▪The application does not meet this criteria. This exceedance can be authorized as one of the allowed exceptions to the 13 criteria. 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; HOME OCCUPATION CODE REQUIREMENTS 35 of 40 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, nonilluminated , and attached to a building, except that home occupations in commercial or industrial zones may have signs consistent with the applicable zoning district; HOME OCCUPATION CODE REQUIREMENTS 36 of 40 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.; HOME OCCUPATION CODE REQUIREMENTS 37 of 40 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; HOME OCCUPATION CODE REQUIREMENTS 38 of 40 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.) HOME OCCUPATION CODE REQUIREMENTS 39 of 40 Staff recommends that the Hearing Examiner approve the Special Home Occupation Permit, MIS23 -0012, with the following Conditions of Approval. ▪No. 1: The home occupation shall only have employees between the hours of 8:00 am – 6:00 pm Monday through Friday and from 9:00 am –6:00 pm on Saturday and Sunday. Customers from 9:00 am – 6:00 pm in accordance with ACC 18.60.020(J). ▪No. 2: The home occupation shall only employ one nonresident employee at any one time and an off -street parking space shall be provided for said employee. ▪No. 3: Traffic generated to 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. RECOMMENDATION AND CONDITIONS OF APPROVAL 40 of 40