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HomeMy WebLinkAbout09-18-2013 HEARING EXAMINER AGENDA HEARING EXAMINER September 18, 2013 5:30 p.m. City Council Chambers 25 West Main Street I. Case No: MIS13-0006 – Debbie’s Grooming Applicant: Debora Peet Request: Special Home Occupation Permit for a pet grooming business within an existing single-family residence. The business will employ one resident-owner who will offer pet grooming services by appointment only between the hours of 9am and 6pm. The business will occupy no more than ¼ of the home’s floor area. Project Location: 30618 – 115th Ct. SE, Auburn, WA 98092, Parcel No. 5714000190 II. Case No: CUP13-0003/ADD12-0069 - Dodson Garage Addition Applicant: Truman Dodson Request: Conditional Use Permit for construction of a 720SF addition to an existing 2,088SF garage. Project Location: 204 – 2ND St. SE, Auburn, WA 98002, Parcel No. 0019000092. III. Case No: CUP13-0001 – Panattoni Conditional Use Permit Applicant: Panattoni Development Company, Inc., Attention: Tyler Litzenberger Request: Conditional Use Permit for site preparation and construction of a 49,140SF industrial warehouse building, 35 parking spaces, an underground stormwater facility, utilities, and about 5,000 cubic yards of fill. Project Location: West side of West Valley Hwy. N, approx. 275’ south of the intersection with 15th St. NW, Parcel Nos. 0303500060 and 0303500070. 1 Number of Pages 11 AGENDA BILL APPROVAL FORM Agenda Subject: Special Home Occupation Permit for Debbie‟s Grooming – MIS13-0006 Date: September 12, 2013 Department: Planning and Development Attachments: See Exhibit List Budget Impact: N/A Administrative Recommendation: Hearing Examiner to approve the Special Home Occupation Permit for Debbie‟s Grooming based on the Findings of Fact, Conclusions, and Conditions. General Information: OWNER/APPLICANT: Debora Peet, Property Owner, 30618 115th CT SE, Auburn, WA 98092 PROJECT DESCRIPTION: The Special Home Occupation Permit is for a pet grooming business within an existing single-family residence. The business will employ one resident- owner who will offer pet grooming services by appointment only between the hours of 9:00am and 6:00pm. The business will occupy 300 sq. ft. of the home‟s floor area. PROPOSED LOCATION: The proposal is located at 30618 115th CT SE, within the NE ¼ of Section 08-21-05. PARCEL NUMBER: 5714000190 COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential ZONING: R5, Residential, 5 Dwelling Units per Acre SEPA STATUS: The Project is exempt from the State Environmental Policy Act (SEPA) per Washington Administrative Code (WAC) 197-11-800(13)(a). 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: Yao Meeting Date: September 18, 2013 Item Number: Agenda Subject: Special Home Occupation Permit for Debbie‟s Grooming – MIS13-0006 Date: September 12, 2013 Page 2 of 11 SPECIAL HOME OCCUPATION PERMIT Debbie’s Grooming MIS13-0006 I. GENERAL INFORMATION: Application Date: July 29, 2013 Applicant/ Property Owner: Debora Peet, 30618 115th CT SE, Auburn, WA 98092 Project Description: The Special Home Occupation Permit is for a pet grooming business within an existing single-family residence. The business will employ one resident-owner who will offer pet grooming services by appointment only between the hours of 9:00am and 6:00pm. The business will occupy no more than ¼ of the home‟s floor area. Proposed Location: The proposal is located at 30618 115th CT SE, within the NE ¼ of Section 08-21-05. Parcel Numbers: 5714000190 Subject Property and Adjacent Property Zoning and Land Use: Comprehensive Plan Zoning Current Land Use Project Site Single-Family Residential R5, Residential, 5 Dwelling Units per Acre Single-family residence North Single-Family Residential R5, Residential, 5 Dwelling Units per Acre Single-family residence South Single-Family Residential R5, Residential, 5 Dwelling Units per Acre Single-family residence West Single-Family Residential R5, Residential, 5 Dwelling Units per Acre Single-family residence East Public and Quasi- Public P1, Public Use Middle school Agenda Subject: Special Home Occupation Permit for Debbie‟s Grooming – MIS13-0006 Date: September 12, 2013 Page 3 of 11 Subject Property Agenda Subject: Special Home Occupation Permit for Debbie‟s Grooming – MIS13-0006 Date: September 12, 2013 Page 4 of 11 II. SEPA STATUS: The Project is exempt from the State Environmental Policy Act (SEPA) per Washington Administrative Code (WAC) 197-11-800(13)(a). III. FINDINGS OF FACT: 1. Debora Peet (applicant and property owner) submitted an application for a Special Home Occupation Permit on July 29, 2013 for a pet grooming business to be operated within an existing 2,080 sq. ft. single-family residence. The single-family residence has an attached 2-car garage, 4 paved off-street parking spaces, and is located on an approximately 0.17-acre parcel (“Site”) per King County Department of Assessments records and the City‟s GIS aerial imagery. 2. The comprehensive plan designation of the approximately 0.17-acre parcel is “Single- Family Residential”. This designation is implemented by the zoning classification of the site as “R5, Residential, 5 Dwelling Units per Acre”. 3. The intent of the R5, Residential, 5 Dwelling Units per Acre zone is as follows: “18.07.010 Intent D. The R-5 single-family residential zones are intended to create a living environment of optimum standards for single-family dwellings. It is further intended to achieve development densities of four to five dwelling units per net acre. This zone will provide for the development of single-family detached dwellings and for such accessory uses as are related, incidental and not detrimental to the single-family residential environment.” 4. The home occupation serves as a secondary location to the existing Debbie‟s Grooming and Gifts storefront located in Renton, WA. However, there will not be any retail activity at the location of the home occupation. 5. The home occupation will employ one resident-owner who will offer pet grooming services by appointment only. No pets will be groomed or wait outside pre- or post- appointment, and up to four clients are anticipated per day. 6. The home occupation will occupy 300 sq. ft. of the home‟s downstairs floor area, where an additional tub is proposed to be added. 7. One 1.5 ft. by 2 ft. sign (3 sq. ft.) is proposed. 8. The home occupation‟s hours of operation are proposed to be 9:00am to 6:00pm, Monday thru Saturday with no customer pick-ups between the hours of 4:00pm and 6:00pm. The City assesses a traffic impact fee when any additional trips are generated between the PM peak hour of 4:00pm and 6:00pm, per requirements contained in ACC 19.04.040. Agenda Subject: Special Home Occupation Permit for Debbie‟s Grooming – MIS13-0006 Date: September 12, 2013 Page 5 of 11 9. In accordance with the use regulations of the R5, Residential zone found in Table 18.07.020, “Permitted Use Table – Residential Zoning Designations” and the supplemental development standards per ACC 18.31.230, only 4 household pets are permitted per dwelling, inclusive of foster animals. The home currently has 5 household pets, including 2 foster pets. 10. Staff conducted a site visit on September 12, 2013 to verify existing site conditions. 11. In accordance with the home occupation regulations (ACC 18.60.040(A)), all animal grooming home occupations require an approved Special Home Occupation Permit to be granted by the Hearing Examiner and the home occupation must meet at least 11 out of the 13 criteria ACC 18.60.020(A) through (M), as follows: “18.60.020 Requirements A. Only members of the immediate family residing on the premises and no more than one 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. 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. H. No display pertaining to the occupation, other than the one permitted sign, is visible from the street or adjacent residences. Agenda Subject: Special Home Occupation Permit for Debbie‟s Grooming – MIS13-0006 Date: September 12, 2013 Page 6 of 11 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 Saturdays; 2. Customers from 9:00 a.m. to 6:00 p.m. Monday through Saturday; 3. No employee or customer visits shall be permitted on Sundays or federal holidays. 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.” 12. 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.” 13. Any potential public disturbance noises made by an animal at the home occupation are unlawful and subject to enforcement per ACC 6.02.140, “Public Disturbance Noise and Public Nuisance Noise Made by an Animal”, and ACC 8.28.010, “Noise Control”. Specifically, public disturbance noises include: “6.02.140(C)(1) Any animal which by making any noise that, by its volume or frequency, unreasonably disturbs or interferes with the peace of any person(s) for more than 15 minutes in any one-hour period of any day, and is documented by three or more separate episodes of such noise in a sequential seven-day period. 8.28.010(C) Agenda Subject: Special Home Occupation Permit for Debbie‟s Grooming – MIS13-0006 Date: September 12, 2013 Page 7 of 11 It is also unlawful, and a violation of this chapter, for the owner or other person having control or custody of any dog, cat, or other animal to allow such dog, cat, or other animal to habitually howl, yelp, bark, or make other noises which unreasonably disturb another person.” 14. Behavior of animals at the home occupation is subject to enforcement per ACC 6.02, “Animal Control”, and as applicable, ACC 6.35, “Dangerous Dogs”. 15. Per ACC Table 18.52.020, “Off-Street Parking Requirements by Land Use”, 2 off-street parking spaces are required per single-family dwelling. 16. A combined Notice of Application and Notice of Public Hearing (“Exhibit 7”) was issued on August 27, 2013. The City has received three comment letters on the Special Home Occupation Permit, dated September 3, 2013, September 5, 2013, and September 9, 2013, respectively. The letter dated September 3, 2013 is in support of the home occupation. The letters dated September 5, 2013 and September 9, 2013 expressed concerns with regards to potential increases in noise, traffic, and activity as a result of the home occupation. 17. The City responded to the comment letter dated September 3, 2013 on September 10, 2013 and will respond to the letters dated September 5, 2013 and September 9, 2013 between the date of this report‟s writing and the public hearing on September 18, 2013. 18. 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 ft. of Site. IV. CONCLUSIONS: The city‟s home occupation regulations, ACC 18.60.040, provides 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: 5. Animal grooming; Staff Analysis The home occupation is an animal grooming home occupation that can meet at least 11 of the 13 requirements per ACC 18.60.020(A) though (M). The applicant, who resides at the home, is the only employee. Staff finds that the home occupation meets ACC 18.60.020(A). The applicant states that no mechanical equipment will be used in the operation of the home occupation. Staff finds that the home occupation meets ACC 18.60.020(B). Agenda Subject: Special Home Occupation Permit for Debbie‟s Grooming – MIS13-0006 Date: September 12, 2013 Page 8 of 11 The applicant states that 300 sq. ft. of the home‟s downstairs portion will be used for the home occupation, which is less than ¼ of the floor area of the home, which is 2,080 sq. ft. per King County Department of Assessments records. Staff finds that the home occupation meets ACC 18.60.020(C). No alternations other than the addition of a tub are proposed. A bathtub is a feature that is not uncustomary to a residence and additional bathtubs are allowed if applicable city permits are obtained. The home occupation will be conditioned so that the business license for the Special Home Occupation Permit will not be issued until a Plumbing Permit has been approved and inspected by the City. Staff finds that the home occupation meets ACC 18.60.020(D). 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 ACC 18.60.020(E). The home occupation will not reduce or render unusable areas provided for required off- street parking as the home occupation will not be conducted or otherwise occupy the 2-car garage. In addition to the garage, which provides the off-street parking spaces required per ACC Table 18.52.020, the site visit confirmed that there are 4 paved off-street parking spaces and 1 on-street parking spaces available. As the home occupation operates by appointment only and no overlapping customer visits are proposed, the home provides sufficient parking for the proposed use. Staff finds that the home occupation meets ACC 18.60.020(F). The applicant proposes one 1.5 ft. by 2 ft. (3 sq. ft.) sign. The Special Home Occupation Permit will be conditioned so that the business license for the home occupation will not be issued until the number and dimensions of signs have been verified on site by the City. Staff finds that the home occupation is capable of meeting ACC 18.60.020(G), which requires the sign not exceed 18 inches by 24 inches in area, non-illuminated, and attached to a building. The home occupation will not involve any display other than the one permitted sign. Staff finds that the home occupation meets ACC 18.60.020(H). Because the home occupation has pets coming to the site, the home occupation may potentially maintain more than 4 pets at the Site for a limited duration of time. In response to concerns raised by neighbors regarding noise impacts from the home occupation, staff is recommending the Special Home Occupation Permit be conditioned so that the home occupation is limited specifically to animal grooming, specifically prohibiting animal boarding, and the number of pets outside of the home at any time are limited to 4, cumulative of household and customers‟ pets. This would be similar to the maximum number of pets that would be associated with any residence. In addition, the Special Home Occupation Permit will also be conditioned so that the business license for the home occupation will not be issued until the City verifies that the applicant has only 4 household pets, rather than the 5 currently at the home. Staff finds that the home occupation does not propose to meet ACC 18.60.020(I) since it will have in excess of four pets due to the customers‟ pets. Agenda Subject: Special Home Occupation Permit for Debbie‟s Grooming – MIS13-0006 Date: September 12, 2013 Page 9 of 11 The home occupation will not operate on Sundays or employ any non-resident employees. The applicant anticipates that 4 clients are anticipated per day. In response to concerns raised by neighbors regarding traffic impacts from the home occupation and to accommodate for some flexibility in the home occupation‟s operation, staff is recommending the Special Home Occupation Permit be conditioned so that the home occupation will have no more than 5 client trips (5 two-way trips) per day, rather than the 8 client trips (8 two-way trips) allowed per ACC 18.60.020(J). The proposed hours of operation for the home occupation are 9:00am to 6:00pm, with no customer pick-ups between 4:00pm and 6:00pm. Unless a traffic impact fee is paid, however, the Special Home Occupation Permit, will be conditioned so that the customer drop-offs would also not be permitted between 4:00pm and 6:00pm, and the hours of operation extended to 7:00pm to accommodate for pick-ups of pets dropped off just prior to the 4:00pm to 6:00pm timeframe. Staff finds that the home occupation does not meet ACC 18.60.020(J) with regards to the hours of customer visits. The applicant anticipates only up to 4 clients per day for the home occupation, which is less than the 8 two-way trips permitted for home occupations operating by appointment only. The Special Home Occupation Permit will be conditioned so that the home occupation may not exceed 8 clients per day. Staff finds that the home occupation meets ACC 18.60.020(K). The applicant indicates that there will be no outdoor storage of materials, goods, products, or equipment for the home occupation. Staff finds that the home occupation does not meet ACC 18.60.020(L). As no exterior alterations and only one 1.5 ft. by 2 ft. sign is proposed, the home occupation will be conducted in manner such that the home will not differ aesthetically in character from a residence. As conditioned, it is also not anticipated that there will be any emissions of sounds and noises non-residential in character. The home occupation will only operate from 9:00am to 7:00pm, as conditioned, and for comparison, construction noises in the R5 zone are allowed until 7:00pm as well. In addition, the total number of pets outside will total no more than 4, cumulative of household pets and home occupation customers‟ pets, and the number of household pets, including foster pets, will total no more than 4, as conditioned. Any potential public disturbance animal noises are subject to enforcement per ACC 6.02.140 and ACC 8.28.010(C) and the animal control regulations regarding animal behavior per ACC 6.02 and ACC 6.35. To address potential trips generated during the PM peak hour, a traffic impact fee is required, with the condition that customer drop-offs and pick-ups are not allowed between 4:00pm and 6:00pm unless the traffic impact fee is paid. The City‟s transportation staff have identified no traffic safety, flow, or other anticipated traffic impacts. Staff finds that the home occupation does not meet 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 Agenda Subject: Special Home Occupation Permit for Debbie‟s Grooming – MIS13-0006 Date: September 12, 2013 Page 10 of 11 2. The authorization of such special home occupation permit will be consistent with the spirit and purpose of this title. Staff Analysis Authorization of the Special Home Occupation Permit for the home occupation will not be materially detrimental to the public welfare or injurious to the property in the zone or vicinity in which the property is located, with the staff recommended conditions. The home occupation meets 11 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 11 out of the 13 criteria are met or to account for any potential materially detrimental impacts from the inability to meet 2 of the 13 criteria as, as addressed in „Staff Analysis Section A‟. As consistent with the purpose of home occupations, the home occupation is undertaken for gain or profit within a 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 R5, Residential 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 with the following Conditions of Approval. VI. CONDITIONS OF APPROVAL: 1. The home occupation shall only operate between the hours of 9:00am and 7:00pm. 2. No customers shall drop off or pick up pets between the hours of 4:00pm and 6:00pm, unless the applicable traffic impact fee is paid in advance. 3. The home occupation shall not have more than 5 client trips per day (5 clients, each with an associated two-way trip). 4. The home occupation shall operate only as an animal grooming business. Specifically, animal boarding is not authorized by this Special Home Occupation Permit. 5. The premises shall not have more than 4 pets, inclusive of the property owner‟s household pets and home occupation customers‟ pets, outside at any given time. 6. No business license shall be issued until the City verifies that the applicant has only 4 household pets, rather than the 5 currently residing at the home. 7. No business license shall be issued until a Plumbing Permit has been approved and inspected by the City. Agenda Subject: Special Home Occupation Permit for Debbie‟s Grooming – MIS13-0006 Date: September 12, 2013 Page 11 of 11 8. No business license shall be issued until the number, illumination, location, and dimensions of signs have been verified on site by the City. 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 Exhibit 2 Special Home Occupation Permit Application Materials Exhibit 3 Notice of Application/Notice of Public Hearing Exhibit 4 Affidavit of Publication Exhibit 5 Affidavit of Mailing Exhibit 6 Affidavit of Posting Exhibit 7 Comment Letter from Lanakay Lipp, dated September 3, 2013 Exhibit 8 City Response to Comments from Lanakay Lipp, dated September 10, 2013 Exhibit 9 Comment Letter from David Wix, dated September 5, 2013 Exhibit 10 Comment Letter from Charles and Melinda Reed, dated September 9, 2013 1 Gary Yao From:Gary Yao Sent:Tuesday, September 10, 2013 3:54 PM To:'lklipp@aol.com' Subject:9/3/13 Letter for Debbie's Grooming (File No. MIS13-0006) Hi Lanakay, Thank you for the comment letter dated September 3, 2013 re: the above-referenced Special Home Occupation Permit. Should you have any other comments or questions, please do not hesitate to contact me. Thanks again, Gary Gary Yao Planner City of Auburn (253) 288-4301 Number of Pages 11 AGENDA BILL APPROVAL FORM Agenda Subject: Conditional Use Permit for Dodson Storage Building Addition – CUP12-0003 Date: September 11, 2013 Department: Planning and Development Attachments: See Exhibit List Budget Impact: N/A Administrative Recommendation: Hearing Examiner to approve the Conditional Use Permit for Dodson Storage Building Addition based on the following Findings of Fact, Conclusions, and Conditions. General Information: OWNER/APPLICANT: Truman Dodson, Property Owner P.O. Box 804, Milton, WA 98354 PROJECT DESCRIPTION: A Conditional Use Permit (“Project”) to construct a 720 sq. ft. addition to an existing 2,088 sq. ft. storage building on a 0.13-acre parcel (“Site”). PROPOSED LOCATION: The proposal is located at 204 - 2nd ST SE, within the SW ¼ of Section 18- 21-05. PARCEL NUMBER: 0019000092 COMPREHENSIVE PLAN DESIGNATION: Downtown ZONING: DUC, Downtown Urban Center SEPA Status: The Project is exempt from the State Environmental Policy Act (SEPA) per Washington Administrative Code (WAC) 197-11-800(1)(b). 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: Yao Meeting Date: September 18, 2013 Item Number: Exhibit 1 Agenda Subject: Conditional Use Permit for Dodson Garage Addition – CUP12-0003 Date: September 11, 2013 Page 2 of 11 CONDITIONAL USE PERMIT Dodson Storage Building Addition CUP13-0003 I. GENERAL INFORMATION: Application Date: August 22, 2013 Applicant/ Property Owner: Truman Dodson, P.O. Box 804, Milton, WA 98354 Project Description: Conditional Use Permit (“Project”) to construct a 720 sq. ft. addition to an existing 2,088 sq. ft. storage building on a 0.13-acre parcel (“Site”). Proposed Location: The proposal is located at 204 - 2nd ST SE, within the SW ¼ of Section 18-21-05. Parcel Number: 0019000092 Subject Property and Adjacent Property Zoning and Land Use: Comprehensive Plan Zoning Current Land Use Project Site Downtown DUC, Downtown Urban Center Stand alone storage building and shed North Downtown DUC, Downtown Urban Center Detached garage, single-family residence, multi-family residence South Downtown DUC, Downtown Urban Center Vacant, personal service shop, retail West Downtown DUC, Downtown Urban Center Retail (across alley) East Downtown DUC, Downtown Urban Center Retail, fueling station and multifamily residential ( across undeveloped alley) Agenda Subject: Conditional Use Permit for Dodson Garage Addition – CUP12-0003 Date: September 11, 2013 Page 3 of 11 Subject Property Agenda Subject: Conditional Use Permit for Dodson Garage Addition – CUP12-0003 Date: September 11, 2013 Page 4 of 11 II. SEPA STATUS: The Project is exempt from the State Environmental Policy Act (SEPA) per Washington Administrative Code (WAC) 197-11-800(1)(b). III. FINDINGS OF FACT: 1. Truman Dodson (“Applicant” and property owner) submitted a Building Permit on October 25, 2012 and a Conditional Use Permit application on August 22, 2013 to construct a 720 sq. ft. addition to an existing 2,088 sq. ft. non-commercial, stand alone storage building on an approx. 0.13-acre parcel (“Site”). The Site also contains an existing 96 sq. ft. shed. 2. The comprehensive plan designation of the approximately 0.13 acre parcel is “Downtown” and this designation is implemented by the zoning classification of the Site as “DUC, Downtown Urban Center”. 3. The stated intent of DUC Downtown Urban Center zone is as follows: “18.29.010 Intent. 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.” 4. The use regulations of the DUC zone are organized differently than for other zones in the city code. In this zone, all uses are allowed except those that are specifically listed as prohibited or listed as requiring an Administrative or Conditional Use Permit. 5. The owner appears to have owned the site for a number of years and uses the building for storage of personal possessions unrelated to any on-site business. Per ACC 18.29.050, a non-commercial, stand alone storage building is not a specifically prohibited use within the DUC Downtown Urban Center zone. Also, per ACC 18.29.050, other uses may be prohibited if the use is determined to be inconsistent with the intent of DUC Downtown Urban Center zone or is of the same general character of the other prohibited uses. The Planning Director has deemed the use consistent with the intent of the zone, if a Conditional Use Permit is issued for the expansion and relief from development standards. 6. The use regulations of the DUC zone (Auburn City Code (ACC) 18.29.055) provide that any development project that seeks to not meet any development standard listed in ACC Agenda Subject: Conditional Use Permit for Dodson Garage Addition – CUP12-0003 Date: September 11, 2013 Page 5 of 11 18.29.060 (including floor area ratios) requires a Conditional Use Permit. The Project proposes to deviate from one required development standard as follows: ACC 18.29.060 requires a minimum floor area ratio (FAR) of 0.75. With the proposed ground level building addition, the Project has a floor area of 2,808 sq. ft. and an FAR of 0.50; which is less than required. The relevant code section provides: “18.29.055 Uses/activities requiring a conditional use permit. The following uses/activities may be permitted when a conditional use permit has been issued pursuant to the provisions of Chapter 18.64 ACC: A. Any development project that seeks to deviate from any development standard listed in ACC 18.29.060. (Ord. 6269 § 12, 2009; Ord. 6071 § 6 (Exh. A), 2007.) 18.29.060 Development standards. A. Minimum lot area: none. B. Minimum lot width: none. C. Minimum lot depth: none. D. Floor Area Ratio. Floor area ratio is the cumulative amount of floor area within a building as a multiple of the lot area. Agenda Subject: Conditional Use Permit for Dodson Garage Addition – CUP12-0003 Date: September 11, 2013 Page 6 of 11 7. The site is roughly rectangular in shape, 50 ft. by 100 ft., and is flat. The existing 2,088 sq ft storage building occupies roughly the eastern 2/3 of the site. The shed is located at the SE corner. The site is surrounded by a six foot chain link fence. The remaining site area consists of a combination of grass and gravel. There are no other main uses on the site, and the site is not associated with any adjacent site. 8. The area surrounding the site is urban in character and predominantly consists of developed commercial uses except to the north where three residences and a small multiple family residence exists and to the east where a small multiple family residence exists. 9. The Applicant originally submitted for a “Special Exception Application” on July 9, 2013. The Special Exception Application is appropriate for expansions of non-conforming uses by up to 25% only. After working with the Applicant, the request was more appropriately resubmitted as a Conditional Use Permit on August 22, 2013. 10. The Site is bounded to the east and west by two, north-south alleys. The west side alley, located 110 ft. east of B ST SE, extends between 2nd ST SE and Cross ST SE adjacent to the Site and is paved. The site has a vehicle gate in the fence oriented to this alley. The eastside alley, located 230 ft. east of B ST SE, extends south from 2nd ST SE and dead ends at the southern boundary of the Site. The site‟s fence has a pedestrian gate to this alley. This alley is not improved. 11. Per ACC 18.29.070, the Project is subject to the Downtown Auburn Design Standards. 12. Per the standards of the DUC zone (ACC 18.29.060(H)), expansions to an existing building are exempt from off-street parking requirements. 13. Per the standards of the DUC zone (ACC 18.29.060(J)), landscaping must be provided as defined in the Downtown Auburn Design Standards. 14. No water and sanitary sewer connections are proposed. 15. A Storm Permit application (File No. STM12-0453) has been submitted and is currently in process. The project is required to be consistent with the City‟s 2012 Surface Water Management Manual (SWMM), including standards for quality and quantity control. 16. A combined Notice of Application and Notice of Public Hearing (“Exhibit 7”) was issued on August 27, 2013. The City has not received any comment letters on the Project. The public hearing notice was issued a minimum of 10 days prior to the public hearing as Agenda Subject: Conditional Use Permit for Dodson Garage Addition – CUP12-0003 Date: September 11, 2013 Page 7 of 11 required by ACC 2.46.130. The notice was also posted at the Site and mailed to adjacent property owners within 300 ft. of Site. IV. CONCLUSIONS: ACC 18.64 provides certain criteria for approval of a Conditional Use Permit. The following is a list of these criteria (in italics) and staff analysis of how the Project compares to the criteria: 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. Staff Analysis The Project 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. The Project is similar in nature to detached storage building accessory to a single family residence, which is not prohibited in the DUC zone provided that the subject property does not have frontage on Main Street or other designated Pedestrian Street. The Site for the Project does not have frontage on Main Street or other designated Pedestrian Street. However, in this case, the site does not have any other primary use. The Project, which is similar in nature to a storage building accessory to a residence, is consistent with the intent of the DUC zone as a mixture of commercial, office, medical, retail, residential, and civic uses within the downtown area. Additionally, the Site is almost bordered on all sides by adjacent parcels, has street access through an alley only, and is not adjacent to any sidewalk. The Project is consistent with the intent of the DUC zone 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 for property investment that help the city to fund public improvements and public services. The proposed Project has been reviewed by the City‟s transportation staff, and no required right-of-way dedication or half-street improvements have been identified or are required for the alleys that access the Site. Also, no parking is required to be provided per ACC 18.29.060(H). There is existing minimal landscaping along a portion of the east alley frontage of the Site. There is no solid waste or service area proposed that typically requires landscape screening. Also, no landscaping requirements applicable to the Project from the Downtown Urban Center Design Standards are triggered, as addressed in further detail in „Staff Agenda Subject: Conditional Use Permit for Dodson Garage Addition – CUP12-0003 Date: September 11, 2013 Page 8 of 11 Analysis Section C‟. As consistent with current fencing regulations per ACC 18.31.020(F), the existing barbed-wire component of the fencing along the west alley frontage will be removed, as conditioned herein. Utilities are not proposed. The height of the Project is 12 ft., and the cumulative floor area of the existing storage building and new addition totals 2,088 sq. ft., which meets the height requirements of the DUC zone and at 0.50 FAR, is less than the minimum 0.75 FAR required for the DUC zone. As such, the project‟s bulk, height, and location will not impact surrounding uses. Per ACC 18.29.055, a Conditional Use Permit is required specifically for the Project‟s inability to meet the minimum FAR. Staff finds the request meets the criterion, as conditioned herein. B. The proposal is in accordance with the goals, policies and objectives of the comprehensive plan. Staff Analysis The Project is consistent with the general purposes of the Comprehensive Plan. Specifically the Project is consistent with the following Comprehensive Plan goals, objectives, and policies: “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-74: Encourage the attainment of urban center growth forecasts through implementation of higher intensity development to achieve the efficient use of land.” “Policy LU-95: The City shall continue to support the redevelopment efforts of the private sector in the downtown area.” The Project, which is similar in nature to a storage building accessory to a residence. The vicinity of the project contains a few single family residences that remain within the city‟s downtown and eventually are expected to transition to other commercial uses. The Project is appropriate for an area that is a continuation of longstanding uses and that has not transitioned to more intensive commercial uses. While the Project does not meet the minimum FAR of 0.75, a development standard for ensuring higher intensity development in the DUC zone, the Project‟s future FAR of 0.50 is a higher intensity than the current FAR of 0.37 of the existing site. With the proposal the existing non-conformity is decreased. Further, the Project is an expansion of an existing building initiated by a private party in the DUC zone. Agenda Subject: Conditional Use Permit for Dodson Garage Addition – CUP12-0003 Date: September 11, 2013 Page 9 of 11 Staff finds the request meets the criterion. C. The proposal complies with all requirements of this title. Staff Analysis The Project, as conditioned herein for removal of barbed-wire component of the fencing, is consistent with all requirements of Title 18 – Zoning, with one exception for which the Conditional Use Permit is required. The Project does not comply with the minimum 0.75 FAR required per ACC 18.29.060. While projects located with the DUC zone are generally required to be consistent with the Downtown Urban Center Design Standards, the design standards do not have specific standards that apply to this Project. The following is a comparison of the design standards and relation to the Project:  The design standards aimed at reducing the visual impact of surface parking lots and garages are not applicable. The Project is not a surface parking lot or parking garage serving any particular land use. There is also no sidewalk or curb along either alleys.  The design standards for exterior site lighting is not applicable. No exterior site lighting is proposed or changed for the Project.  The design standards for screening of trash and service areas does not apply. No trash or service areas exist or are proposed for the Project.  The design standards for public plazas are not applicable. No public plazas are proposed for the Project.  The design standards to ensure building entrances easily identifiable and accessible from streets and sidewalks is not applicable. The Project is a private storage building and is not located adjacent to any street or sidewalk.  The design standards for ground level details of commercial and mixed-use buildings are not applicable. The Project is non-commercial and not mixed-use.  The design standards for base, middle, and top exterior wall elements are not applicable. The Project is a one-story building.  The design standards for upper level setback are not applicable. The Project is a one- story building.  The design standards for treatment of blank walls longer than 30 ft. are not applicable. The Project is not longer than 30 ft.  The design standards for use of neon are not applicable. No signs are proposed for the Project.  The design standards for parking structures are not applicable. The Project is not a parking structure.  The design standards for rooftop equipment requirements and screening are not applicable. No rooftop equipment is proposed for the Project. Staff finds the request meets the criterion, as conditioned herein. 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. Agenda Subject: Conditional Use Permit for Dodson Garage Addition – CUP12-0003 Date: September 11, 2013 Page 10 of 11 Staff Analysis While the appearance of the site and its buildings is not ideal due to the lack of exterior building wall maintenance, as conditioned the proposed Project will be harmonious and appropriate in design, character, and appearance with the existing or intended character of the general vicinity. The Project, which is 2,808 sq. ft. cumulative of the existing garage, is slightly larger than buildings to the north, south, and east and significantly smaller than the retail store to the west. While the Project will have a pitched roof, there is no dominant roof-line character in the vicinity as buildings are alternately flat- and pitch-roofed. Further, while the Project falls short of the minimum 0.75 FAR requirement, no building on adjacent parcels currently exceed the minimum 0.75 FAR requirement. At the same time, the Project‟s FAR of 0.50 brings the building closer to the minimum 0.75 FAR requirement than the current FAR of 0.37. Existing barbed-wire will be removed and building wall exteriors painted, as conditioned. Staff finds the request meets or is capable of meeting the criterion, as conditioned herein. E. The proposal will be supported by adequate public facilities and services and will not adversely affect the public infrastructure. Staff Analysis The Project does not require water and sanitary sewer services and will not adversely affect the public infrastructure. The City‟s transportation staff has reviewed the Project and found no need for right-of-way dedication or half-street improvements. The applicant has submitted a Storm Permit application (File No. STM12-0453), which will ensure that the Project is consistent with the City‟s standards for stormwater quality and quantity control. Staff finds the request meets the criterion. F. The proposal will not cause or create a public nuisance. Staff Analysis The Project will not cause or create a public nuisance, as conditioned herein for the removal of barbed-wire and painting of exterior building walls. As addressed in „Staff Analysis Section A‟, „Staff Analysis Section D‟, and „Staff Analysis Section E‟, the Project is compatible with all adjacent land uses and will not cause any adverse impact to persons, property, or public infrastructure in the surrounding area. Additionally, the Project is similar in nature to a detached storage building accessory to a residence. Agenda Subject: Conditional Use Permit for Dodson Garage Addition – CUP12-0003 Date: September 11, 2013 Page 11 of 11 Staff finds the request meets the criterion, as conditioned herein. G. The proposal's impacts can be appropriately mitigated through the application of conditions of approval, as applicable. Staff Analysis The Project‟s impacts can be appropriately mitigated through the application of Conditions of Approval contained herein. Staff finds the request meets the criterion, as conditioned herein. V. RECOMMENDATION: Based upon the application, accompanying materials, Findings of Fact, and Conclusions of the staff report, staff recommends that the Hearing Examiner approve the Conditional Use Permit with the Conditions of Approval contained herein. VI. CONDITIONS OF APPROVAL: 1. Prior to issuance of the building permit or storm permit, the barbed-wire component of the fence along the west alley frontage shall be removed, unless it is demonstrated to the satisfaction of the planning director or designee that the barbed-wire is legally- established, non-conforming use consistent with ACC 18.54. 2. Prior to the City‟s final inspection of the building addition to the storage building, the exterior walls of the existing storage building and addition shall be painted in an subtle earth-tone color complementary to the surroundings. 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 Exhibit 2 Conditional Use Permit Application Materials Exhibit 3 Documentation of Change from Special Exception Application to Conditional Use Permit Application Exhibit 4 Building Permit Application Materials (File No. ADD13-0069) Exhibit 5 Site Plan Exhibit 6 Structural Calculations, Drawings, and Details (page 4) Exhibit 7 Notice of Application/Notice of Public Hearing Exhibit 8 Affidavit of Publication Exhibit 9 Affidavit of Mailing Exhibit 10 Affidavit of Posting Exhibit 1 Number of Pages 14 AGENDA BILL APPROVAL FORM Agenda Subject: Conditional Use Permit for Panattoni Warehouse at Auburn Park of Industry Lots 6/7 – CUP13-0001 Date: September 11, 2013 Department: Planning and Development Attachments: See Exhibit List Budget Impact: N/A Administrative Recommendation: Hearing Examiner approve the Conditional Use Permit for Panattoni Warehouse at Auburn Park of Industry Lots 6/7, based upon the Findings of Fact, Conclusions, and Conditions. General Information: OWNER/APPLICANT: Bart Brynestad, Panattoni Development Company, Inc., 6840 Fort Dent WY, STE 350, Tukwila, WA 98188. AGENT: Tyler Litzenberger, Panattoni Development Company, Inc., 6840 Fort Dent WY, STE 350, Tukwila, WA 98188 PROJECT DESCRIPTION: The Conditional Use Permit is for the (“Project”) site preparation and construction of a 49,140 sq. ft. industrial building for warehousing, 34 parking spaces, an underground stormwater facility, utilities, and about 5,000 cubic yards of fill on 2 parcels totaling approx. 2.09 acres (“Site”). PROPOSED LOCATION: The proposal is located on the west side of West Valley HWY N, 275 feet south of the intersection with 15th ST NW, within the SE ¼ of Section 11-21- 04. PARCEL NUMBERS: 0303500060 and 0303500070 COMPREHENSIVE PLAN DESIGNATION: Light Industrial ZONING: M1, Light Industrial SEPA STATUS: A SEPA Determination of Non-Significance (DNS) (“Exhibit 5”) was issued on August 16, 2013. 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: Yao Meeting Date: September 18, 2013 Item Number: Agenda Subject: Conditional Use Permit for Panattoni Warehouse at Auburn Park of Industry Lots 6/7 – CUP13-0001 Date: September 11, 2013 Page 2 of 14 CONDITIONAL USE PERMIT Panattoni Warehouse at Auburn Park of Industry Lots 6/7 CUP13-0001 I. GENERAL INFORMATION: Application Date: May 15, 2013 Applicant/ Property Owner: Bart Brynestad, Panattoni Development Company, Inc., 6840 Fort Dent WY, STE 350, Tukwila, WA 98188. Agent: Tyler Litzenberger, Panattoni Development Company, Inc., 6840 Fort Dent WY, STE 350, Tukwila, WA 98188 Project Description: The Conditional Use Permit is for the (“Project”) site preparation and construction of a 49,140 sq. ft. industrial building for warehousing, 34 parking spaces, an underground stormwater facility, utilities, and about 5,000 cubic yards of fill on 2 parcels totaling approx. 2.09 acres (“Site”). Proposed Location: The proposal is located on the west side of West Valley HWY N, 275 feet south of the intersection with 15th ST NW, within the SE ¼ of Section 11-21-04. Parcel Numbers: 0303500060 and 0303500070 Subject Property and Adjacent Property Zoning and Land Use: Comprehensive Plan Zoning Current Land Use Project Site Light Industrial M1, Light Industrial Vacant North Light Industrial M1 ,Light Industrial Warehouse and distribution, retail, restaurant, and professional office South Light Industrial M1, Light Industrial Building and landscape material sales West Light Industrial M1, Light Industrial Carpet/furniture cleaning services East Light Industrial M1, Light Industrial Vacant (across West Valley HWY N) Agenda Subject: Conditional Use Permit for Panattoni Warehouse at Auburn Park of Industry Lots 6/7 – CUP13-0001 Date: September 11, 2013 Page 3 of 14 Subject Properties Agenda Subject: Conditional Use Permit for Panattoni Warehouse at Auburn Park of Industry Lots 6/7 – CUP13-0001 Date: September 11, 2013 Page 4 of 14 II. SEPA STATUS: A SEPA Determination of Non-Significance (DNS) (“Exhibit 5”) was issued on August 16, 2013. III. FINDINGS OF FACT: 1. Tyler Litzenberger of Panattoni Development Company, Inc. (“Applicant”) submitted a Conditional Use Permit application on May 15, 2013 for the site preparation and construction of a 49,140 sq. ft. industrial building for warehousing. The project also includes associated construction of 34 parking spaces, 10,811 sq. ft. of landscaping, outdoor lighting, an underground stormwater facility of indeterminate size, utilities, and approximately 5,000 cubic yards of fill on 2 parcels totaling approx. 2.09 acres (“Site”). 2. The comprehensive plan designation of the site is “Light Industrial” and this designation is implemented by the zoning classification of the site as “M1, Light Industrial”. 3. The Project is proposed to consist of single building 28 ft. in height to be used for warehousing and distribution, with 2 tenant spaces and 1 no proposed tenant. 4. Per ACC Table 18.23.030, Permitted, Administrative, Conditional and Prohibited Uses by Zone, warehousing and distribution uses require an approved Conditional Use Permit in the M1, Light Industrial zoning district. 5. Per Auburn City Code (ACC) 18.23.020(G), the intent of the M1, 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. 6. Auburn City Code provides specific standards that apply to warehousing and distribution uses and per ACC 18.57.020(C), the following standards are applicable, in addition to standards applicable to all uses in the M1 zone: a. Motor freight transportation is permitted but only as an incidental use to the principal use of the property. b. Loading and unloading docks shall not be visible from the street. If this requirement cannot be met, an additional 10-foot width of landscaping along the abutting street, meeting the provisions of ACC 18.50.040(C) (Landscape Design and Planting Requirements), is required. c. All odors, noise, vibrations, heat, glare, or other emissions shall be controlled within the confines of a building unless specifically permitted elsewhere by this title. Agenda Subject: Conditional Use Permit for Panattoni Warehouse at Auburn Park of Industry Lots 6/7 – CUP13-0001 Date: September 11, 2013 Page 5 of 14 d. No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities, shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the state siting criteria (Chapter 70.105 RCW). 7. Per ACC 18.04.635, “Definitions”, motor freight terminal (transportation) means a facility with more than one dock per 5,000 square feet of warehouse, storage, or related use and used for either (A) the loading, unloading, dispensing, receiving, interchanging, gathering, or otherwise physically handling freight for shipment or (B) any other location at which freight is exchanged by motor carriers between vehicles. This includes but is not limited to cross-dock operations and does not include a package delivery service. Excludes buildings with six or fewer loading docks. The proposed project will contain 1.02 docks per 5,000 sq. ft. of warehouse and has more than six loading docks and thus meets the code definition of a “motor freight terminal” use; however the primary use will be a warehousing and distribution use. It is anticipated that with overhead doors closed, all odors, noise, vibrations, heat, glare, or other emissions are capable of being contained within the confines of the building. All dock doors are oriented to the south and not to adjacent streets. It is anticipated that the use will not include on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities. 8. The site is roughly rectangular in shape, 330 ft. by 230 ft. The site is relatively flat; with minimal slopes eastward. The site is vacant and sparsely vegetated. 9. The area surrounding the site is urban in character and predominantly consists of developed light industrial land uses except to the east across West Valley HWY N which is vegetated open space due to Mill Creek and wetlands. 10. The applicant has submitted a Wetland Field Assessment and Existing Conditions Letter (“Exhibit 10”), prepared by AnchorQEA, April 25, 2013. The report was reviewed and accepted by staff indicating no wetlands or buffers are identified on the Site. 11. The applicant has submitted a Preliminary Geotechnical Report (“Exhibit 11”), prepared by Terra Associates, Inc., July 8, 2013. The report was reviewed and accepted by staff indicating no Critical Landslide or Erosion Hazard areas are identified on the Site. 12. The Site is not located in the regulatory floodplain per Federal Emergency Management Agency (FEMA) maps. 13. The Site is located in Groundwater Protection Zone 4. This designation requires use of best management practices during construction and operation. 14. Per ACC Table 18.23.040(B), the following building setbacks and height are applicable to the M1 zone: Agenda Subject: Conditional Use Permit for Panattoni Warehouse at Auburn Park of Industry Lots 6/7 – CUP13-0001 Date: September 11, 2013 Page 6 of 14  Minimum front setback: 20 ft.  Minimum side setback, corner: 20 ft.  Maximum height: 45 ft. The following setbacks and height are proposed by the Project:  Minimum front setback: 80 ft.  Minimum side setback, corner: 20 ft.  Minimum height: 28 ft. 15. Per ACC Table 18.50.040(A), Minimum Landscape Requirements by Zoning District, the following are applicable to the M1 zone:  Minimum landscape coverage: 10%  Minimum perimeter area planter width, abutting street: 10 ft.  Minimum perimeter area planter width, abutting residential property: 10 ft. The following landscape amounts are proposed by the Project:  Minimum landscape coverage: 12% (10,811 sq. ft.)  Minimum perimeter area planter width, abutting street: at least 10 ft.  Minimum perimeter area planter width, abutting residential property: N/A 16. On-site parking is required to meet the following code sections: Per ACC Table 18.52.020, Off-Street Parking Requirements by Land Use, ACC 18.52.050, Parking Stall and Aisle Dimensional Standards, and ACC 18.52.130, Off-Street Loading Space. These are summarized as follows:  Warehousing: 1 parking stall per 2,000 sq. ft. of floor area  Standard 90-degree stall: 9W by 19L ft. (stall), 20 ft. (one-way), 24 ft. (two-way)  Compact stall: 8W by 18L ft. (stall), 20 ft. (one-way), 22 ft. (two-way), up to 30% of stalls  Off-street loading stalls: 1 off-street loading stall per 6,000 sq. ft. of floor area and 1 additional off-street loading stall per 20,000 sq. ft. of floor area; 10W by 25W by 14H ft. The following parking is proposed by the Project:  Warehousing: 1.38 parking stalls per 2,000 sq. ft. of floor area (34 stalls)  Standard 90-degree stall: (26) 9W by 19L ft. stalls, at least 37 ft. wide drive aisle  Compact stall: (8) 8W by 16L ft. stalls, 24% of stalls  Off-street loading stalls: (3) 17W by 46L by at least 28H ft. stalls 17. Per ACC 18.55.030, shielding is required for all outdoor lighting, and pedestrian walkways shall be illuminated with a minimum of one-half foot-candle of light and maximum average two foot-candles of light. To demonstrate compliance a photometric plan and lighting specifications were submitted (“Exhibit 3” and “Exhibit 4”). Eleven shielded wall pack lights are proposed, including several in the vicinity of pedestrian walkways near building entrances. The proposed lights maintain illumination levels of at Agenda Subject: Conditional Use Permit for Panattoni Warehouse at Auburn Park of Industry Lots 6/7 – CUP13-0001 Date: September 11, 2013 Page 7 of 14 least one-half foot-candles and no more than two foot-candles for the Project‟s pedestrian walkways. 18. Water service will be provided by the City of Auburn. 19. Sanitary sewer service will be provided by the City of Auburn. 20. A Level 3 Storm Permit is required and requirements of ACC 13.48 Storm Drainage Utility and the City‟s 2012 Surface Water Management Manual (SWMM), including standards for quality and quantity control, are applicable to the Site and Project. The project proposes to manage the increased runoff from construction of impervious surfaces by installation of an underground stormwater detention and treatment system. 21. Fire mains, hydrants, access, suppression systems, alarms, and rapid access systems shall be provided per City of Auburn Engineering Design Standards and the 2012 International Fire Code (IFC). 22. The site borders two public streets; West Valley HWY N, a principal arterial to the east and 14th ST NW, a local non-residential street to the west. Both streets are developed and no additional dedication of right-of-way or half-street improvements are needed. 23. Vehicle access is proposed 14th ST NW through an existing rolled curb and from West Valley HWY N through an existing curb cut. 24. Per City of Auburn Engineering Design Standards 10.04.4.1, Driveway Locations, most properties shall be limited to one driveway access to a City street (or alley). Multiple driveway accesses to a street (or alley shall only be allowed when the City determines that the second access does not create a safety concern or impede traffic flow. The City may require the driveway to be located on the lowest classification of street (or alley) when a property has frontage on two or more streets (or alleys). The applicant has submitted a Transportation Assessment Memorandum (“Exhibit 12”), prepared by TENW, July 22, 2013, for the Project‟s proposed second driveway access onto West Valley HWY N in addition to access onto 14th ST NW. The proposed second access to West Valley HWY N has been reviewed by Transportation Division staff and found supportable by the City Engineer. 25. Fire and traffic impacts are mitigated through the payment of impact fees in effect at the time of Building Permit issuance for each lot or deferred per Ordinance No. 6455. 26. Per the SEPA Determination of Non-Significance (DNS) (File No. SEP13-0012) (“Exhibit 5”), the proposal will not have significant adverse environmental impacts on soil stability, air quality, surface and ground water quality, animals, plants, energy and natural resources, environmental health, noise, land and shoreline use, housing, aesthetics, recreation, historic and cultural sites or objects, transportation, and public utilities, provided that the Project is consistent with all applicable City standards, regulations and conditions. Agenda Subject: Conditional Use Permit for Panattoni Warehouse at Auburn Park of Industry Lots 6/7 – CUP13-0001 Date: September 11, 2013 Page 8 of 14 27. A combined Notice of Application, Notice of Public Hearing, and SEPA Determination of Non-Significance (“Exhibit 5”) was issued on August 16, 2013. The City received one comment letter on the project (“Exhibit 13”) from the King County Wastewater Treatment Division prior to the close of the comment period remind the City to submit to King County a Non-Residential Use Sewer Certification form concurrent with new connections to the sewer system. The city responded to the comments by letter on August 29, 2013. 28. 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 ft. of Site. IV. CONCLUSIONS: ACC 18.64 provides certain criteria for approval of a Conditional Use Permit. The following is a list of these criteria (in italics) and staff analysis of how the Project compares to the criteria: 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. Staff Analysis The Project 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. The Project, based on the „Findings of Fact‟ and „Conditions of Approval‟ contained herein, is consistent with or capable of meeting City standards of the M1, Light Industrial zone. Specifically:  The proposed access from both 14th ST NW and West Valley HWY N has been adequately studied and found to be supportable by the City Engineer;  The proposed off-street parking and loading spaces are consistent with the requirements of ACC 18.52;  The proposed landscaping is consistent the minimum amount and dimensional requirements of ACC 18.50 and will be conditioned to be consistent with all sections of ACC 18.50 of future permits and approvals;  Though a required parking landscape planter consistent with the standards of ACC 18.50.040 is not provided in one row of parking, the two 85 sq. ft. landscaped areas between the row of parking and the proposed building accent the building entrances and are larger in size than one 6 ft. by 19 ft. (114 sq. ft.) parking planter; the proposed landscaped areas provided in lieu of the required parking planter are therefore a creative landscape design that meets the requirements for alternative landscaping plans per ACC 18.50.080; Agenda Subject: Conditional Use Permit for Panattoni Warehouse at Auburn Park of Industry Lots 6/7 – CUP13-0001 Date: September 11, 2013 Page 9 of 14  The Project will be served by City of Auburn water and sanitary sewer service and subject to the requirements of future Utility Permits; and  The project meets all building setback and height standards per ACC Table 18.23.040(B). To address the potential adverse effects of warehousing and distribution uses in the M1, Light Industrial zone, the City has specific standards for warehousing and distribution uses per ACC 18.57.020(C). Due to the number of dock doors per floor area, the Project meets the definition of a motor freight terminal per ACC 18.04.635 and will be conditioned so that motor freight transportation is only allowed incidental to the principal use at the Project. The proposed dock doors are not oriented toward the street and no on-site hazardous substance processing and handling or hazardous waste treatment and storage is proposed. In addition, all adjacent properties are also zoned M1, Light Industrial, and no impacts have been identified per the SEPA Determination of Non-Significance (“Exhibit 5”). Consequently, adverse effects on persons and property in the surrounding area substantively greater than from permitted uses, economically or otherwise, are not anticipated. Consistency with economic development policies for the City as a whole is analyzed in „Staff Analysis Section B‟. Staff finds the request meets the criterion, as conditioned herein. B. The proposal is in accordance with the goals, policies and objectives of the comprehensive plan. Staff Analysis The Project is consistent with the general purposes of the Comprehensive Plan, including the Comprehensive Transportation Plan. Specifically the Project is consistent with the following Comprehensive Plan goals, objectives, and policies: “Land Use Goal 11: Industrial Development To provide for, establish and maintain a balance of industrial uses that respond to local and regional needs and enhance the city's image through optimal siting and location, taking into consideration tax policy impacts of streamlined sales tax and/or other similar legislation.” “Policy LU-98: The City shall aggressively seek to abate all potentially blighting influences in industrial areas, especially in areas visible to regional traffic flows and in areas designated for light industrial uses.” “Policy LU-107: Land made available for industrial development, and uses allowed in industrial zones, shall take into consideration impacts of tax policy and tax structure upon the City of Auburn.” “Objective 11.6: To realize the successful transition of existing warehouse and distribution uses to manufacturing and industrial uses.” “Policy LU-114: Existing warehouse and distribution uses are not preferred long term land uses in industrial zoning districts in the City. Such uses should be transitioned to Agenda Subject: Conditional Use Permit for Panattoni Warehouse at Auburn Park of Industry Lots 6/7 – CUP13-0001 Date: September 11, 2013 Page 10 of 14 more beneficial manufacturing and industrial uses through the development and application of incentives.” “Policy ED-16: Warehouse and distribution land uses are not a preferred long-term economic development and land use priority for industrial zoned areas in the City due to the loss of sales tax revenue associated with the State‟s implementation of streamlined sales tax legislation in 2008, no substantive contribution to an increase in per capita income for Auburn residents, no reduction in the tax burden of Auburn residents, low employment densities, lower property values and land use inefficiencies.” “Policy ED-17: Increases in manufacturing and industrial land uses should be the City‟s preferred economic development and land use priority for industrial zoned areas of the City currently dominated by warehouse and distribution land uses. The City should revise current comprehensive policies and regulations to provide for and require the conversion of existing warehouse and distribution land uses to manufacturing and industrial land uses.” The Project provides landscaping consisting of groundcover, shrubs, and trees along all street frontages as consistent with ACC 18.50. In addition, dock doors are oriented south and not toward the streets. Due to the state‟s implementation of streamlined sales tax legislation in 2008 and its subsequent impacts on the City‟s tax revenues, the Comprehensive Plan identifies warehouse and distribution as an undesirable long-term use. To that end, there are currently neither any tenants proposed or proposed tenant improvements that would preclude the building‟s occupancy by tenants that are not exclusively warehouse and distribution uses. The size of the proposed building is conducive to potential future uses such as manufacturing uses with associated warehousing and distribution and retail/wholesale uses, which are consistent with the City‟s economic development policies. While the proposed parking is provided per the requirements for warehousing, there is opportunity for conversion of areas in front of dock doors for additional parking required as the building transitions away from a warehouse and distribution use and dock doors are decommissioned. In addition, motor freight transportation will only be allowed incidental to the principal use, as conditioned. Further, a traffic impact fee is required and anticipated truck traffic will travel less than 0.25 miles over City streets from the closest State Route 167 on-/off-ramp. As an infill development, the last 2 lots of the Auburn Park of Industry plat, the Project as specific to the Site, increases employment densities, develops a previously vacant site, and is an efficient use of land that takes advantage of infrastructure previously developed for warehouse and distribution, a previous use permitted outright in the M1 zone and the existing use for two businesses adjacent to the Site. Objective – Level-of-Service (LOS) Threshold: To ensure that new development does not degrade transportation facilities to below LOS standards. Policy TR-19: New development shall not be allowed when the impacts of the new development on the transportation system degrades the LOS to below the adopted LOS Agenda Subject: Conditional Use Permit for Panattoni Warehouse at Auburn Park of Industry Lots 6/7 – CUP13-0001 Date: September 11, 2013 Page 11 of 14 standard, unless the impacts are mitigated concurrent with the development as described in Chapter 2. Objective – Access Management: To limit and provide access to the street network in a manner which improves and maintains public safety and roadway capacity. Objective – Freight Movements: To facilitate the movements of freight and goods through Auburn with minimal adverse traffic and other environmental impacts. Policy TR-100: The movement of freight and goods which serve largely national, state, or regional needs should take place in such a way so that the impacts on the local transportation system are minimized. These movements should take place primarily on state highways, Interstates, or on grade separated rail corridors in order to minimize the local impacts. Policy TR-103: All through truck trips and the majority of local trips shall take place on designated truck routes, as identified on the truck route map, Figure 2-7, of the Comprehensive Transportation Plan. This policy shall not apply to developments and uses operating under existing right-of-way use permits, traffic mitigation agreements or equivalent agreements directly related to the regulation of permitted haul routes. Based on the “Transportation Assessment Memorandum” (“Exhibit 12”), prepared by TENW, July 22, 2013, the Project is expected to generate 5 AM-peak hour vehicle trips and 6-PM peak hour vehicle trips. The City‟s transportation staff has reviewed the Project and has not found that the Project will degrade the LOS below the adopted LOS standard. The proposed access to West Valley HWY N and potential impacts to both West Valley HWY N and the intersection with 15th ST NW intersection were specifically examined in the Transportation Assessment Memorandum (“Exhibit 12”), prepared by TENW, July 22, 2013. Based on review of that Transportation Memorandum the City Engineer has found the proposed access onto West Valley HWY N to be supportable. Environment Goal 18: Environment and Natural Resources To maintain and promote a safe and healthy environment and preserve the quality of life, and to protect the area‟s most unique, sensitive, and productive natural resources. The proposal will not have significant adverse environmental impacts provided that the Project is consistent with all applicable City standards and regulations and the Conditions of Approval contained herein. Consequently, a SEPA Determination of Non-Significance (“Exhibit 5”) was issued on August 16, 2013. Staff finds the request meets the criterion, as conditioned herein. C. The proposal complies with all requirements of this title. Staff Analysis The Project, based on „Staff Analysis Section A‟, the „Findings of Fact‟ and the „Conditions of Approval‟ contained herein, is consistent with all requirements of this title. Agenda Subject: Conditional Use Permit for Panattoni Warehouse at Auburn Park of Industry Lots 6/7 – CUP13-0001 Date: September 11, 2013 Page 12 of 14 Specifically the Project, as conditioned herein, is consistent with the setback and height, landscaping and screening, off-street parking and loading, and outdoor lighting requirements applicable to the M1 Light Industrial zone. Staff finds the request meets the criterion, as conditioned herein. 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. Staff Analysis The proposed Project will be harmonious and appropriate in design, character, and appearance with the existing or intended character of the general vicinity. While no building on adjacent property is as large as the proposed 49,140 sq. ft. building, all adjacent property are also zoned M1 Light Industrial, and based on „Staff Analysis Section A‟, the „Findings of Fact‟ and the „Conditions of Approval‟ contained herein, the Project is consistent with or capable of meeting all City standards applicable to warehousing and distribution uses in the M1 Light Industrial zone. Existing adjacent land uses are all commercial and industrial in nature, including two businesses with warehousing and distribution activities to the north, and no adjacent land uses are residences. As consistent with the intent of the M1, Light Industrial zone, the Project is non-nuisance in nature. No impacts relating to air and water pollution, noise, vibration, glare or odor are anticipated and consequently, a SEPA Determination of Non-Significance (“Exhibit 5”) was issued on August 16, 2013. Staff finds the request meets the criterion, as conditioned herein. E. The proposal will be supported by adequate public facilities and services and will not adversely affect the public infrastructure. Staff Analysis The Project will be supported by adequate public facilities and services and will not adversely affect the public infrastructure. Access will be provided by West Valley HWY N and 14th ST NW, both of which have been constructed to the City‟s standards for Principal Arterials and Local Non-Residential Streets, respectively. The City‟s transportation staff has reviewed the Project and has not found that the Project will degrade the LOS below the adopted LOS standard. The proposed access to West Valley HWY N and potential impacts to both West Valley HWY N and the intersection with 15th ST NW intersection were specifically examined in the Transportation Assessment Memorandum (“Exhibit 12”), prepared by TENW, July 22, 2013. Based on review of that Transportation Memorandum the City Engineer has found the proposed access onto West Valley HWY N to be supportable. Water and sanitary sewer services are available from the City in the adjacent public streets and subject to the requirements of future Utility Permits. The Project, including the proposed underground stormwater facility, will require a Level 3 Storm Permit, and requirements of ACC 13.48 Storm Drainage Utility and the City‟s 2012 Surface Water Management Manual Agenda Subject: Conditional Use Permit for Panattoni Warehouse at Auburn Park of Industry Lots 6/7 – CUP13-0001 Date: September 11, 2013 Page 13 of 14 (SWMM), including standards for quality and quantity control, are applicable to the Site and Project. Fire protection is required to be provided per City of Auburn Engineering Design Standards and the 2012 International Fire Code (IFC). Staff finds the request meets the criterion, as conditioned herein. F. The proposal will not cause or create a public nuisance. Staff Analysis As consistent with the intent of the M1 Light Industrial zone, the Project is non-nuisance in nature. No impacts relating to air and water pollution, noise, vibration, glare or odor are anticipated and consequently, a SEPA Determination of Non-Significance (“Exhibit 5”) was issued on August 16, 2013. In addition, all adjacent parcels are zoned M1 Light Industrial, and there are no adjacent residences. Based on „Staff Analysis Section A‟, the „Findings of Fact‟ and the „Conditions of Approval‟ contained herein, the Project is consistent with all City standards applicable to all uses and specific standards applicable to warehousing and distribution uses in the M1 Light Industrial zone. Staff finds the request meets the criterion, as conditioned herein. G. The proposal's impacts can be appropriately mitigated through the application of conditions of approval, as applicable. Staff Analysis The Project‟s impacts can be appropriately mitigated through the application of Conditions of Approval contained herein. Staff finds the request is capable of meeting the criterion as conditioned. V. RECOMMENDATION: Based upon the application, accompanying materials, Findings of Fact, and Conclusions of the staff report, staff recommends that the Hearing Examiner approve the Conditional Use Permit with the Conditions of Approval contained herein. VI. CONDITIONS OF APPROVAL: 1. Motor freight transportation shall not be the principal use of the Site and may only be permitted incidental to the principal use, as consistent with ACC 18.57.020(C). 2. A final landscape plan demonstrating consistency with the requirements of ACC 18.50 shall be submitted to the City concurrent with the Building Permit application and approved prior to Building Permit issuance. Agenda Subject: Conditional Use Permit for Panattoni Warehouse at Auburn Park of Industry Lots 6/7 – CUP13-0001 Date: September 11, 2013 Page 14 of 14 3. The Site is located within Groundwater Protection Zone 4. The construction and operation of the Site shall implement best management practices (BMPs) per ACC 16.10.120(E)(2). 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 Exhibit 2 Conditional Use Permit Application Materials Exhibit 3 Site, Landscape, and Photometric Plans, prepared by Synthesis PLLC, Main Street Design, and MaxLite, respectively, dated August 27, 2013 Exhibit 4 Outdoor Lighting Specifications Exhibit 5 Determination of Non-Significance (File No. SEP13-0012), Notice of Application, and Notice of Public Hearing Exhibit 6 Affidavit of Publication Exhibit 7 Affidavit of Mailing Exhibit 8 Affidavit of Posting Exhibit 9 Completed Environmental Checklist Application Exhibit 10 Wetland Field Assessment and Existing Conditions Letter, prepared by AnchorQEA, dated April 25, 2013 Exhibit 11 Preliminary Geotechnical Report, prepared by Terra Associates, Inc. dated July 8, 2013 Exhibit 12 Transportation Assessment Memorandum, prepared by TENW, dated July 22, 2013 Exhibit 13 Comments in Response to DNS, from the King County Wastewater Treatment Division, dated August 21, 2013 Exhibit 14 City Response to Comments from the King County Wastewater Treatment Division, dated August 29, 2013 e Sea tle C im.esh q,Q htinG; ; j F City of Auburn, Finance Dept C`,3 City Clerk 25 W Maim St Auburn, WA 98001 Re: Advertiser Account# 107302 Agency Account#: 0 Ad#: 352966 Agency Name: Affidavit of Publication STATE OF WASHINGTON Newspaper and"Publication,Date(s) Counties of King and Snohomish The undersigned,on oath states that he/she is an authorized representative ofThe Seattle Times Company, publisher of The SeattleTimes of general circulation published daily in King and Snohomish Counties, State ofWashington.The.Seattle Times has been approved as a legal newspaper by others of the Superior Court of King and Snohomish Counties. SeattleTimes 08/16/13 The notice, in the exact form annexed,was published in the regulaz and entire issue of said paper or papers and distrib- uted to itssubscribers duringall of the said period. Sharon SeligmanAgent Signatur I i_IG jQ,o, T Subscribed and swornxo before me on J UG Ust l(, o c°, : ; DATE v. P(jgL\G ' CP(M.t F . r'F J ( uG(! Signature) Notary Publ' and for the State of Washington, residing at Seattle M l W e Sea tle i es F J' cn C Re: Advertiser Account# ]07302 Ad#i 352966 1v ; Agency Account#: 0 Agency Name: AD AT TY OF AllBURN NOTICE OF iPPll[ATION, NOTIGE OG PUBLIC HEPRINO, qND DETERMINPTION OF NON3IGNIFICtNCO The CItY ol AvOUrn ia issuina a Noflca ol Applicallon(NOA),Notice o P DII<Xoor- Inp, on0 Derormina ion ol Nan-SiOnlli-ConCa (DN51 for ihe Iollowln0 Eascrl0e0Oolecf.Tha oarmll applications on0lh eC slutlles mov h reviewetl ot t e A OUrn Plannlnp an0 Oavelopment Deporiment al i E Moin ST.]ntl Fioor,Cestomer Servlce Center,Auburn,WA 98001. 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