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