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
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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-
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Sharon SeligmanAgent Signatur
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