HomeMy WebLinkAboutITEM VII-AAGENDA BILL APPROVAL FORM
Agenda Subiect Date:
Application No. CUP02-0003 7/1/2003
Department: Planning Attachments: H.E. Decision, Staff Budget Impact:
Report, Vicinity Map, D.N.S.,
Application
Administrative Recommendation:
City Council to approve the conditional use permit based upon the Hearing Examiner's Findings of Fact,
Conclusions and Conditions; and, to instruct the City Attorney to prepare the necessary Ordinance.
Background Summary:
The Hearing Examiner on June 17, 2003, conducted a public hearing on the request of Dan Taylor,
Nicholson Development, for a conditional use permit to allow a drive-through facility in a C-1, Light
Commercial zone. The property is located at the southwest corner of the Auburn Way South 17th Street
intersection, west of Auburn Way South, east of"M" Street SE, south of 17th Street SE.
Subsequent to the hearing, the Examiner recommended to the City Council approval of the conditional
use permit.
The City Council may now either affirm the Examiner's decision, remand to the Examiner or schedule a
closed record hearing. The Council can only modify or disaffirm the Examiner's decision after conducting
their own closed record hearing.
HE/CUP02-3
L0707-3
03.10.1 CU P02-0003
Reviewed by Council & Committees: I 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 [-IPublicWorks [] Legal [] Police
[] Planning Comm. [] Other [] Public Works [] Human Resources
Action:
Committee Approval: I-lYes []No
CouncilApproval: [-]Yes []No Call for Public Hearing __/ /__
Referred to Until / /
Tabled Until / /
Councilmember: Borden I Staff: Krauss
Meeting Date: July 7, 2003I Item Number: VII.A
z ,,unu , MOR. E THAN 'YOU IMAGINED
CITY OF
WASHINGTON
Peter B. Lewis, Mayor
25 West Main Street * Auburn WA 98001-4998, www.ci.auburn.wa.us ~ 253-931-3000
July 1, 2003
JOHN AND LEE ANN FARRELL
PO BOX 66826
SEATTLE WA 98166
PEDRO GUZZMAN PE
TERRA FORMA DESIGN GROUP LLC
5009 36TM AVE SW
SEATTLE WA 98126
RE: APPLICATION NO. CUP02-0003
Dear Applicants:
Attached is the Hearing Examiner's official recommendation regarding your request that was considered by the
Hearing Examiner on June 17, 2003. The City Council will consider your request on July 7, 2003 in the City
Council Chambers at 7:30 p.m.
You or a representative are requested to be at that meeting to answer any questions the City Councilmembers
might have regarding your proposal.
If you have any questions regarding the attached, please give us a call.
Paul Krauss, AICP
Director
PK:pz
Attachment
cc.'
Building Department
Public Works Department
City Clerk
HE'DEC\CUP02-3
Al lgl IR NI, MORE THAN YOIJ IMAGINED
FINDINGS AND DECISION
OF THE HEARING EXAMINER FOR THE CITY OF AUBURN
APPLICATION:
APPLICANT:
Farrell
REQUEST:
LOCATION:
APPLICATION FILED:
SEPA STATUS:
DATE OF PUBLIC HEARING:
DECISION ISSUED:
DECISION:
STAFF REPRESENTATIVES:
PUBLIC TESTIMONY:
WRITTEN TESTIMONY:
CUP02-0003
Dan Taylor, Nicholson Development, on behalf of John and Lee Ann
Conditional use permit to allow a drive-through facility in a C-I, Light
Commercial zone
Southwest comer of the Auburn Way South 17t~ Street intersection,
west of Aubum Way South, east of"M" Street SE, south of 17t~ Street
SE
November 15, 2002
MDNS issued May 20, 2003
June 17, 2003
July 1, 2003
Recommend approval
Sean Martin, Planner
Pedro Guzzman, Terra Forma Design
Shelly Erickson
Exhibit #1: Case file and environmental file
INTRODUCTION
After due consideration of the evidence presented by the applicant, all evidence elicited during the public hearing,
and as a result of the personal inspection of the subject property and surrounding area by the Hearing Examiner, the
following Findings of Fact and conclusions shall constitute the decision of the Hearing Examiner on this application.
FINDINGS OF FACT
Dan Taylor of Nicholson Development has made a request for a Conditional Use Permit (CUP) to allow a drive-
through facility in a C-l, Light Commercial zone.
HE,DEC\CUP02-3 Page 2
Findings and Decision
Application No. CUP02-0003
The proposal includes the site preparation and construction of an approximate 14,560 square foot Walgreen's
drug store, the demolition of an existing commercial structure totaling approximately 18,039 square feet, and the
installation of commensurate parking and maneuvering areas, utilities and landscaping.
3. Auburn City Code Chapter 18.26 (the C-l, Light Commercial district) allows for drugstores outright, but
requires that facilities with drive-through service obtain a conditional use permit (ACC Section 18.26.030(F)).
The applicant's proposal would affect the parking provided for the overall retail complex. The City approved a
Conditional Use Permit (CUP0001-99) for "Frugal Burger" on May 13, 1999 (City Ordinance No. 5238) that
included a site plan for the subject retail complex. The required number of parking spaces must be maintained.
The Planning Director has made a preliminary funding that the change could be deemed a minor adjustment of
CUP0001-99 in accordance with ACC Section 18.64.030C. 1. If CUP 02-0003 is approved, a revised site plan
shall be submitted to the City to enable the Planning Director to formally determine whether modifications
associated with this proposal constitute a minor or major adjustment (ACC 18.64.030C) to the site plan provided
as part of CUP0001-99.
The City seeks to ensure that pedestrian connectivity in accordance with comprehensive plan policies and
guidance. The modification to the existing site layout does have the potential to impact on the pedestrian
circulation patterns of the site unless a defined corridor is provided to support pedestrian movement.
The proposed drive-through feature has the potential to impact the residential development on the west side of
"M" Street SE; however, the drive-through lanes are oriented such that vehicles queued in the subject lanes will
be directed to the south and that light spillage will not occur fi.om vehicles in queue at the drive-through
windows.
8. An approved business license will be required prior to conducting business at the subject location.
A Final Mitigated Determination of Non-Significance was issue on the proposal on May 20, 2003 with no
appeals having been filed. Implementation of the mitigation measures will mitigate adverse impacts associated
with the proposal.
10. The contents of the case files; CUP02-0003 and SEP02-0032, for this project are hereby incorporated by
reference and made part of the record of this hearing.
CONCLUSIONS OF LAW
The undersigned has concluded that the conditional use permit may be approved in that it is consistent with the
following criteria necessary to grant the permit as outlined in ACC Section 18.64.040.
The use will have no more adverse effect on the health, safety or comfort of persons living or working in the
area, and will be no more injurious, economically or otherwise, to property or improvements in the surrounding
area, than would any use generally permitted in the district.
As conditioned and upon implementation of the SEPA mitigation measures, it is not anticipated that the
proposed development will cause any adverse effects to any of the adjoining uses than otherwise anticipated
fi.om any other use generally permitted in this zone.
HE,DEC\CUP02-3 Page 3
Findings and Decision
Application No. CUP02-0003
2. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan.
There is no evidence that indicates the proposal is inconsistent with the Comprehensive Plan.
3. The proposal complies with all requirements of the Zoning Ordinance.
The proposal complies or is capable of complying with the Zoning Ordinance.
4. The proposal can be constructed and maintained so as to be harmonious and appropriate in design, character,
and appearance with the existing or intended character of the general vicinity.
The proposal will not alter the character of the lot or building in ways that would be inconsistent or
inappropriate with the existing character of the commercial uses in the immediate vicinity.
5. The proposal will not adversely affect the public infrastructure.
The conditional use permit application has been reviewed by various City departments and there is no indication
that public infrastructure would be affected by the proposal.
DECISION
For each of the above reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this
conditional use permit application is approval, subject to the following conditions:
The applicant shall prepare and submit to the Planning Director a site plan for review and approval that
demonstrates compliance with Auburn City Code (ACC) 18.52.010(A)(3) and maintains compliance with the
applicable provisions of ACC Chapter 18.50 (Landscaping and Screening) and ACC Chapter 18.52 (Off-Street
Parking and Loading) for the overall mixed use retail complex in the C- 1 zone.
The site plan referenced in condition 1 will also be incorporated into City File No. CUP0001-99, approved under
City Ordinance No. 5238. The current proposal modifies the approved site plan filed with CUP0001-99 in 1999
as required by Condition 1 of City Ordinance No. 5238. If the Planning Director, after review of the requested
site plan, deems the revised site plan constitutes a major adjustment to CUP0001-99, then the applicant must
proceed through the major adjustment process pursuant to ACC 18.64.030C.2. The City's approval of
CUP0001-99 under City Ordinance No. 5238 remains in full effect.
Concurrent with the applicant's building permit submittal, a pedestrian corridor that provides connectivity to the
adjoining mixed-use retail complex to the south shall be defined. When the corridor crosses the travel aisles, the
applicant shall distinguish the corridor from the parking lot surface by providing changes in elevation and/or
paving material. When provided, sidewalks adjacent to existing and proposed structures shall meet this
requirement.
HE'DEC\CUP02-3
Page 4
Findings and Decision
Application No. CUP02-0003
Dated this 1 st day of July, 2003, pursuant to the authority granted under Chapter 18.66, Zoning Ordinance, City of
Auburn.
Diane L. VanDerbeek, Hearing Examiner
REQUEST FOR RECONSIDERATION
Any party of record who feels the decision of the Examiner is based on error of procedure, fact or judgment, or the
discovery of new evidence may file a written request for reconsideration with the Hearing Examiner no later than
seven days from the date of mailing of the decision. Reconsideration requests should be addressed to: Hearing
Examiner, 25 West Main Street, Auburn, WA. 98001-4998.
CITY COUNCIL ACTION
This decision of the Hearing Examiner is a recommendation to the City Council and will be considered by the
Council at their July 7, 2003, meeting. At the July 7, 2003, meeting the Council may either afl.mn the Examiner's
recommendation, remand the decision back to the Examiner, or schedule a closed record public hearing.
HEXDEC\CUP02-3 Page 5
HEARING EXAMINER MINUTES JUNE 17, 2003
The meeting of the Auburn Hearing Examiner was held on June 17, 2003 at 7:00 p,m. in the Council
Chambers of the Auburn City Hall. Those in attendance were as follows:
HEARING EXAMINER: Diane L. VanDerbeek
STAFF: David Osaki, Sean Martin and Patti Zook
Ms. VanDerbeek called the meeting to order at 7:00 p.m. explaining the order of procedures and swore in
staff and those in the audience intending on testifying.
PUBLIC HEARINGS:
1. APPLICATION NO. CUP03-0002
Hearing Examiner opened the public hearing.
Planner Martin presented the staff report. Peter Brandt has requested a conditional use permit to allow
the construction of a 3,400 square foot duplex with garages on property located at 9xx- 24th Street NE.
The site plan shows compliance with the development regulations. The project will not have an adverse
impact on adjacent properties. The project is a logical progression between single family and more
intensive uses. The project complies with Zoning Ordinance requirements. Staff recommends ap proval
with no conditions. The environmental application closes on June 19 and he requests that the record be
kept open to 5:00 pm on June 19 to allow full review and the appeal period.
In response to Hearing Examiner questions, Planner Martin provided information on the fence height
requirements.
Bob Robinson, representative for the applicant is present, but did not give additional testimony.
Gary Allen, 20905 12th Street East, Sumner, owns property adjacent to the west, and is concerned about
an additional duplex on the road without road improvements. He wants to put a duplex on the back half of
his property, but was told he would have to put in street improvements to access his property. It is not fair
for him to pay for road improvements. He wants to know why he is being required to do road
improvements and Mr. Brandt does not.
Planner Martin commented that there is not a Public Works Department employee present to address Mr.
Allen's comments. Street improvements are administered by the Public Works Department. He will
forward Mr. Allen's concerns to Public Works so that they can contact him and Public Works should have
five days to respond.
Hearing Examiner believes this is a good course of action. She will leave the record open for additional
comments and allow the City time to respond to the issue of road improvements. She will leave the record
open until June 23 for Public Works Department to respond to Mr. Allen. Then, Mr. Allen has until June
30 to respond to Public Works. This will necessitate an expanded decision making time and the decision
should be ready by July 16.
There was no other public testimony.
2. APPLICATION NO. CUP02-0003
Hearing Examiner opened the public hearing.
Planner Martin presented the staff report. John and Lee Ann Farrell have requested a conditional use
permit to allow a drive-through facility window for a drugstore to be located in the 1700 block of Auburn
PAGE 1
HEARING EXAMINER MINUTES JUNE 17, 2003
Way South. The project is for the development of a 14,500 square foot Walgreen's. He spoke about the
conditional use permit (CUP) issued previously for the adjacent Frugal Burger. The project will not create
adverse impacts on adjacent properties. The project is consistent with the Comprehensive Plan and
Zoning Ordinance. He spoke about the SEPA conditions. Staff recommends approval with three
conditions which he reviewed. He spoke of the need to ensure pedestrian connectivity.
Hearing Examiner inquired about the number of cars that can line up at the drive-through. She inquired
about conflicts between cars exiting the drive and entering from M Street. Pedro Guzzman, Terra Forma
Design, responded that approximately 10 cars maximum can line up at the drive-through. He pointed out
a couple options for these drivers entering from M Street.
Shelly Erickson, of Pearl Avenue, expressed concern about traffic patterns in the parking lot. The current
situation is quite chaotic between Howard Road traffic and cars leaving the parking lot. She encouraged
the applicant and the City to arrange for better safety conditions. She suggested that the City install some
kind of barrier to prevent people leaving the parking lot from turning left onto Howard Road. Mr. Guzzman
said that he has a site plan of the proposed retail and development to the south and asked for Ms.
Erickson to point out the problems.
Hearing Examiner advised that the retail development to the south is not on the agenda tonight. She
thanked Mr. Guzzman for showing the site plan to Ms. Erickson. Planner Martin said that under the
current proposal, the drive will be relocated further south which should alleviate the problems.
There was no other testimony and the public hearing was closed. The written decision will be issued by
June 27.
3. APPLICATION NO. CUP03-0003
Hearing Examiner opened the public hearing.
Planner Martin presented the staff report. Evergreen Tucci Partners LLC has requested a conditional use
permit to allow a drive-through drugstore, drive-through restaurant and an automobile fuel service station
to be located at the southeast corner of Lake Tapps Parkway East and Lakeland Hills Way. The
commercial uses in the area correspond to those in the C1 district and all uses require a CUP. He
mentioned the ElS reviewed by Pierce County. He spoke about the pedestrian connections and
pedestrian orientation. He spoke about the architectural design guidelines. The City will work with the
applicant during the design and permit review process as the project develops. The project is consistent
with the Comprehensive Plan and complies with the Zoning Ordinance requirements. Staff recommends
approval with four conditions which were reviewed.
Hearing Examiner asked about the number of parking spaces for the day care and where will the
employees park. If parents enter the area off Lakeland Hills Way, they have to drive through the fast food
lot to get to the day care drop off area. She wondered how many kids will be in the day care. Planner
Martin replied there is one parking stall per employee and sufficient loading and unloading area. Minor
adjustments to the site plan are needed to ensure compliance with the Code. Staff will define the loading
and unloading areas as the development of the day care progresses.
Dennis Rattie, 1000 Second Avenue #3200, Seattle, is generally in concurrence with the staff report. He
is confident that they can work through the site plan issues for final plan development and approval. He
does not know how many kids will be attending the day care, and referred to the 36 parking stalls
provided.
Hearing Examiner is concerned that there is not an organized area for day care drop off. She suggested
that Mr. Rattie speak to people who drop off kids at day care and solicit their opinions on how the drop off
area should work. He agreed that they need to work and review this.
PAGE 2
HEARING EXAMINER MINUTES JUNE 17, 2003
There was no other public testimony and the public hearing was closed. The written decision will be
issued by June 27.
ADJOURNMENT
With no further items to come before the Hearing Examiner, the meeting was adjourned at 7:45 p.m.
HE~,GND\MIN 06-2003
PAGE 3
WASHINGTON
AGENDA BILL APPROVAL FORM
A.qenda Subject Date:
Public Hearing Application No. CUP02-0003 June 9, 2003
Department: Planning I Attachments: Application, site plan, Budget Impact:
I
Notice of Application, MDNS and
Ordinance No. 5238
Administrative Recommendation:
Hearing Examiner to recommend to the City Council approval of the conditional use permit based upon
the Findings of Fact, Conclusions and Conditions as outlined.
Background Summary:
OWNER/APPLICANT:
REQUEST:
LOCATION:
EXISTING ZONING:
EXISTING LAND USE
COMPREHENSIVE
PLAN DESIGNATION:
SEPA STATUS:
Dan Taylor, Nicholson Development
Conditional use permit to allow a drive-through facility in a C-1, Light
Commercial zone
The southwest corner of the Auburn Way South 17th Street intersection,
west of Auburn Way South, east of "M" Street SE, south of 17th Street SE
C-1, Light Commercial
Mixed use retail, service and office space
"Light Commercial"
The City issued a Final Mitigated Determination of Non-Significance on
May 20, 2003 under City File No. SEP02-0032
Reviewed by Council & Committees:
[] Arts Commission
[] Airport
[] Hearing Examiner
[] Human Services
[] Park Board
[] Planning Comm,
! Reviewed by Departments & Divisions:
COUNCIL COMMI'I-FEES: [] Building [] M&O
[] Finance [] Cemetery [] Mayor
[] Municipal Serv. I [] Finance [] Parks
[] Planning & CD [] Fire [] Planning
[]Public Works [] Legal [] Police
[] Other [] Public Works [] Human Resources
Action:
Committee Approval: I-lYes []No
Council Approval: []Yes []No Call for Public Hearing
Referred to Until / /
Tabled Until / /
/ /
Councilmember: Borden Staff: Martin
Meeting Date: June 17, 2003 Item Number:
AUBURN, MORt THAN YOU IMAGINED
Agenda Subject CUP02-0003
Date:
June 9, 2003
The Zoning and land use data in the vicinity is as follows:
Existing Zoning Existing Land Use
North C-1, Light Commercial ROW
South C-1, Light Commercial Mixed use retail
East C-3, Heavy Commercial ROW
West R-2, Single Family Residential Office CUP/Residential
Comprehensive Land Use
Plan Desiqnation
Light Commercial
Light Commercial
Heavy Commercial
Single Family Residential
FINDINGS OF FACT
1. Dan Taylor of Nicholson Development has made a request for a Conditional' Use Permit (CUP) to
allow a drive-through facility in a C-1, Light Commercial zone.
The proposal includes the site preparation and construction of an approximate 14,560 square foot
Walgreen's drug store, the demolition of an existing commercial structure totaling approximately
18,039 square feet, and the installation of commensurate parking and maneuvering areas, utilities
and landscaping.
Auburn City Code Chapter 18.26 (the C-1, Light Commercial district) allows for drugstores outright,
but requires that facilities with drive-through service obtain a conditional use permit (ACC Section
18.26.030(F)).
The applicant's proposal would affect the parking provided for the overall retail complex. The City
approved a Conditional Use Permit (CUP0001-99) for "Frugal Burger" on May 13, 1999 (City
Ordinance No. 5238) that included a site plan for the subject retail complex. The required number of
parking spaces must be maintained.
The Planning Director has made a preliminary finding that the change could be deemed a minor
adjustment of CUP0001-99 in accordance with ACC Section 18.64.030C.1. If CUP 02-0003 is
approved, a revised site plan shall be submitted to the City to enable the Planning Director to formally
determine whether modifications associated with this proposal constitute a minor or major adjustment
(ACC 18.64.030C) to the site plan provided as part of CUP0001-99.
The City seeks to ensure that pedestrian connectivity in accordance with comprehensive plan policies
and guidance. The modification to the existing site layout does have the potential to impact on the
pedestrian circulation patterns of the site unless a defined corridor is provided to support pedestrian
movement.
The proposed drive-through feature has the potential to impact the residential development on the
west side of "M" Street SE; however, the drive-through lanes are oriented such that vehicles queued
in the subject lanes will be directed to the south and that light spillage will not occur from vehicles in
queue at the drive-through windows.
8. An approved business license will be required prior to conducting business at the subject location.
A Final Mitigated Determination of Non-Significance was issue on the proposal on May 20, 2003 with
no appeals having been filed. Implementation of the mitigation measures will mitigate adverse
impacts associated with the proposal.
Page 2 of 4
A.qenda Subject CUP02-0003
Date:
June 9, 2003
10. The contents of the case files; CUP02-0003 and SEP02-0032, for this project are hereby incorporated
by reference and made part of the record of this hearing.
CONCLUSIONS
Staff has concluded that the conditional use permit may be approved in that it is consistent with the
following criteria necessary to grant the permit as outlined in ACC Section 18.64.040.
1.' The use will have no more adverse effect on the health, safety or comfort of persons living or working
in the area, and will be no more injurious, economically or otherwise, to property or improvements in
the surrounding area, than would any use generally permitted in the district.
As conditioned and upon implementation of the SEPA mitigation measures, it is not
anticipated that the proposed development will cause any adverse effects to any of the
adjoining uses than otherwise anticipated from any other use generally permitted in this
zone.
2. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan.
There is no evidence that indicates the proposal is inconsistent with the Comprehensive Plan.
3. The proposal complies with all requirements of the Zoning Ordinance.
The proposal complies or is capable of complying with the Zoning Ordinance.
4. The proposal can be constructed and maintained so as to be harmonious and appropriate in design,
character, and appearance with the existing or intended character of the general vicinity.'
The proposal will not alter the character of the lot or building in ways that would be
inconsistent or inappropriate with the existing character of the commercial uses in the
immediate vicinity.
5. The proposal will not adversely affect the public infrastructure.
The conditional use permit application has been reviewed by various City depadments and
there is no indication that public infrastructure would be affected by the proposal.
RECOMMENDATION
Based upon the application and Findings of Fact and Conclusions of the staff report, staff recommends
that the Hearing Examiner recommend to the City Council approval of the conditional use permit request
subject to the following conditions:
The applicant shall prepare and submit to the Planning Director a site plan for review and approval
that demonstrates compliance with Auburn City Code (ACC) 18.52.010(A)(3) and maintains
compliance with the applicable provisions of ACC Chapter 18.50 (Landscaping and Screening) and
ACC Chapter 18.52 (Off-Street Parking and Loading) for the overall mixed use retail complex in the
C-1 zone.
2. The site plan referenced in condition 1 will also be incorporated into City File No. CUP0001-99,
approved under City Ordinance No. 5238. The current proposal modifies the approved site plan filed
Page 3 of 4
A,qenda Subject CUP02-0003
Date:
June 9, 2003
with CUP0001-99 in 1999 as required by Condition 1 of City Ordinance No. 5238. If the Planning
Director, after review of the requested site plan, deems the revised site plan constitutes a major
adjustment to CUP0001-99, then the applicant must proceed through the major adjustment process
pursuant to ACC 18.64.030C.2. The City's approval of CUP0001-99 under City Ordinance No. 5238
remains in full effect.
Concurrent with the applicant's building permit submittal, a pedestrian corridor that provides
connectivity to the adjoining mixed-use retail complex to the south shall be defined. When the
corridor crosses the travel aisles, the applicant shall distinguish the corridor from the parking lot
surface by providing changes in elevation and/or paving material. When provided, sidewalks
adjacent to existing and proposed structures shall meet this requirement.
HE~,PP\STRC02-3
Page 4 of 4
17TH
17TH
SCHOOL ~
~ L ;='0' 'H ~T SEi .Y
APPLICATION NO.: CUP02-0003 DATE RECVD: (Date of App)
APPLICANT: John and Lee Ann Farrell
REQUEST: Request for a conditional use permit to allow a drive-through window for a Walgreens store
LOCATION: 1700 block of Auburn Way South
CITY OF * ~:~"
WASHINGTON
Peter B. Lewis, Mayor
25 west Main Street · Auburn WA 98001-4998 · www.ci.aubum.wa.us, 253-931-3000
FINAL
MITIGATED
DETERMINATION OF NON-SIGNIFICANCE
SEP02-0032
DESCRIPTION OF PROPOSAL: A request for a Conditional Use Permit to allow a drive-
through in a C-1, Light Commercial zone. The proposal also includes the site preparation and
construction of an approximate 14,560 square foot Wal.qreen's drug store, the demolition of an
existing commercial structure totaling approximately 18,039 square feet, and the installation of
commensurate parking and maneuvering areas, utilities and landscaping.
PROPONENT:
Dan Taylor, Nicholson Development
LOCATION: The southwes, t, ,corner of the Auburn Way South 17th Street intersection,
west of Auburn Way South, east of M Street SE, south of 17t~ Street SE
LEAD AGENCY: City of Auburn
The Responsible Official of the City of Auburn hereby makes the following Findings of Fact
based upon impacts identified in the environmental checklist and the "Final Staff Evaluation for
Environmental Checklist No. SEP02-0032", and Conclusions of Law based upon the Auburn
Comprehensive Plan, and other Municipal policies, plans, rules and regulations designated as a
basis for the exercise of substantive authority under the Washington State Environmental Policy
Act Rules pursuant to R.C.W. 43.21C.060. The SEPA Responsible Official has further
determined that, consistent with WAC 197-11-258 and RCW 43.21C.240, many impacts of the
proposal will be mitigated by local development regulations as well as applicable County, State
and Federal regulations and permit requirements.
FINDINGS OF FACT:
1. The proposed action consists of the request for a Conditional Use Permit to allow a
drive-through in a C-1, Light Commercial zone. The proposal also includes the site
preparation and construction of an approximate 14,560 square foot Walgreen's drug
store, the demolition of an existing commercial structure totaling approximately 18,039
square feet, and the installation of commensurate parking and maneuvering areas,
utilities and landscaping.
The construction activity of the proposed project will include approximately 1,137 cubic
yards of excavation to remove existing unsuitable subgrade materials and asphalt to
prepare the site for construction and the installation of utilities. The earthwork also
includes the placement of approximately 1,020 cubic yards of fill material to achieve
finished project grades.
The on-site grading of existing soils has the potential to result in water quality
degradation. It is anticipated that construction consistent with the City's Design and
Construction Standards manual will avoid or reduce impacts to a level of non-
significance.
DETERMINATION OF NON-SIGNIFICANCE SEP02-0032 (Continued)
Page 2
o
10.
11.
12.
The improper disposal of materials can result in adverse impacts to earth, water and
wildlife resources. Recycling is encouraged in lieu of total disposal.
Site preparation and construction activities will generate increased levels of local
suspended particulate matter. It is anticipated that watering the site during construction
and cleaning the street consistent with the City's Design and Construction Standards
manual will avoid or reduce impacts to a level of non-significance.
The temporary truck trips generated' by the fill placement operations has the potential to
cause adverse impacts to traffic operations on local streets during peak traffic hours and
thus generate inCreased levels of local suspended particulate emissions. The project
construction will potentially increase erosion and sedimentation that could cause
degradation of area watercourses and the surface water drainage system. It is
anticipated that design and construction consistent with City standards will avoid or
reduce impacts to a level of non-significance.
The project includes construction of paved surfaces over approximately 95 percent of
the site. The construction of paved surfaces will adversely impact the area's water
quality unless mitigation measures are implemented. It is anticipated that design and
construction consistent with City standards will avoid or reduce impacts to a level of non-
significance.
The creation of expanses of impervious surfaces will increase the quantity of storm
water discharge. The project's storm drainage facilities must be properly designed and
constructed to accommodate the increased runoff. It is anticipated that design and
construction consistent with City standards will avoid or reduce impacts to a level of non-
significance.
The current proposal seeks to provide storm water management by conveying the
runoff to a biofiltration swale and discharging it into the ground via infiltration trenches.
While the proposed system does not meet the City's current design standards, it is
capable of meeting the standards with modification, as directed by the City Engineer.
The proper design, construction and routine maintenance of the project's storm drainage
facilities is necessary to ensure protection of water quality.
The demolition and site preparation activities include the removal of existing trees
meeting the City's definition of a "significant tree~. Additional measures may be needed
to mitigate for the loss of trees.
The proposed construction will be highly visible from the adjacent rights-of-way.
Additional mitigation measures may be needed to ensure that appropriate design
elements are included that reduce the potential for visual impacts.
DETERMINATION OF NON-SIGNIFICANCE SEP02-0032 (Continued)
Page 3
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
If not appropriately designed and constructed, the project's storm drainage facilities will
result in adverse functional and/or visual impacts.
Light and glare from the proposed project may adversely impact adjacent properties and
rights-of-way unless appropriate mitigation measures are identified and implemented.
The proponent has submitted a traffic study "'M' Street Walgreen's Auburn Traffic
Impact Analysis", dated 11-13-02 (with updates through Apdl 10, 2003) prepared by
Transportation Planning & Engineering, Inc. (TP&E) that analyzed the potential
transportation impacts that could result from the proposal.
The proposed project is expected to generate approximately 53 new trips in the p.m.
peak hour.
The applicant shall be required to pay the applicable traffic impact fee, which will be
determined at the time building permits are sought and paid prior to the issuance of
building permits, in accordance with Auburn City Code.
The project site has street frontage on 3 public streets, Auburn Way South, 17th Street
SE and "M' Street SE. Additional right-of-way is not required for the Auburn Way South
and 17th Street SE rights-of-way. The applicant will construct the applicable half-street
improvements in accordance with the City's Desi,qn and Construction Standards manual,
at the direction of the City Engineer for each of the adjacent streets.
The current proposal defines three (3) access points to the public right-of-way from the
project site. The City's Desi,qn and Construction Standards manual limits the number of
driveways for each site to one (1), with additional driveways granted as a deviation to
standard by the City Engineer. Based on the fact that the driveways have been
reviewed and conditioned, the City Engineer has implied the deviation to permit all three
driveways is acceptable.
Access to Auburn Way South is restricted to right-in/right-out by the existing street
design.
Additional design criteria and mitigation measures are necessary to ensure that the
operation of driveways proposed on the "M' Street SE right-of-way does not create
operational impacts to the City's transportation network.
Modification to the adjacent building to the south is necessary to allow the driveways on
"M' Street SE, as proposed.
Utilities are available to serve the proposed project.
Existing parcel lines transect the proposed building and maneuvering areas.
DETERMINATION OF NON-SIGNIFICANCE SEP02-0032 (Continued)
Page 4
25. The city received two comment letters, both from representatives of the applicant,
requesting minor adjustments or clarifications to the several of the conditions. The city
reviewed those requests pdor to issuance of the Final MDNS.
26. The "Final Staff Evaluation for Environmental Checklist No. SEP02-0032" is hereby
incorporated by reference as though set forth in full.
CONCLUSIONS OF LAW:
Staff has concluded that a MDNS may be issued. This.is based upon the environmental
checklist and its attachments, and the "Final Staff Evaluation For Environmental Checklist".
The MDNS is supported by Plans and regulations formally adopted by the City for the exercise
of substantive authority under SEPA. The MDNS also takes note of the extent to which many
local, State and Federal regulations and permit requirements will govern the project to mitigate
its potential impacts, in accordance with WAC 197-11-158 and RCW 43.21C.240. The following
are City adopted policies, which support the MDNS:
The City shall seek to minimize surface water quality and aquatic habitat degradation of
creeks, streams, rivers, ponds, lakes and other water bodies; to preserve and enhance
the suitability of such water bodies for contact recreation and fishing and to preserve
and enhance the aesthetic quality of such waters by requiring the use of current Best
Management Practices for the control of storm water runoff and non-point runoff.
[Policy EN-3, Auburn Comprehensive Plan, (^CP)]
The City shall consider the impacts of new development on the quality of land,
known or suspected fish and wildlife habitats and vegetative resources as a part of
its environmental review process and require any appropriate mitigating measures.
Such mitigation may involve the use of native landscape vegetation. (Policy EN-24,
ACP)
The City shall seek to ensure that land not be developed or otherwise modified in a
manner which will result in or significantly increase the potential for slope slippage,
landslide, subsidence or substantial soil erosion. The City's development standards
shall dictate the use of Best Management Practices to minimize the potential for these
problems. (Policy EN-69, ACP)
The City shall consider the impacts of new development on hazards associated with
soils and subsurface drainage as a part of its environmental review process and require
any appropriate mitigation measures. (Policy EN-71, ACP)
The City will seek to ensure that the quality of water leaving the City is of equivalent
quality to the water entering. This will be accomplished by emphasizing prevention of
pollution to surface and ground waters through education programs and implementation
and enforcement of Best Management Practices. (Policy EN-11, ACP)
6. The City shall consider the impacts of new development on water quality as part of its
environmental review process and require any appropriate mitigating measures.
DETERMINATION OF NON-SIGNIFICANCE SEP02-0032 (Continued)
Page 5
10.
11.
12.
13.
14.
15.
16.
Impacts on fish resources shall be a priority concern in such reviews. (Policy EN-13,
ACP)
The City shall require the use of Best Management Practices to enhance and protect
water quality as dictated by the City's Developer Design Manual or other designated
standard until is completed. In all new development, biofiltration or other approved
treatment measures shall be required prior to discharging storm waters into the City
storm drainage system or into environmentally sensitive areas (e.g. wetlands, rivers, and
groundwater). (Policy EN-14, ACP)
The City shall enact ordinances and review development proposals in a manner, which
restricts and controls the discharge of storm water for new development. At a minimum,
the peak discharge rate after development shall not exceed the peak discharge rate
before development. (Policy EN-62, ACP)
The City shall encourage the use of native vegetation as an integral part of public and
private development plans. (Policy EN-33, ^CP)
The City shall discourage the unnecessary disturbance of natural vegetation in new
development. (Policy EN-34, ACP)
The City shall encourage the use of water conserving plants in landscaping for both
public and private projects. (Policy EN-35, ACP)
The City shall encourage development, which maintains and improves the existing
aesthetic character of the community. (Policy UD-1, ^CP)
Storm drainage facilities shall incorporate high standards of design to enhance the
appearance of the site, preclude the need for security fencing and serve as an
amenity. The design of above ground storage and conveyance facilities should
address or incorporate landscaping utilizing native vegetation, minimal side slopes,
safety, maintenance needs, and function. The facilities should be located within the
rear or side yards areas and the design should preclude the need for security
fencing when ever feasible. (Policy UD-6, ACP)
The visual impacts of large new developments should be a priority consideration in
their review and approval. (Policy UD-9, ACP)
The City should require all projects, both public and private, to include landscaping.
Codes and regulations which govern landscaping shall be updated and revised and
include provisions for continued maintenance. (Policy UD-15)
The City shall seek to minimize the exposure of area inhabitants to excessive levels of
light and glare. Performance measures for light and glare exposure to surrounding
development should be adopted and enforced. (Policy EN-43, ^CP)
DETERMINATION OF NON-SIGNIFICANCE SEP02-0032 (Continued)
Page 6
17. Improvements that serve new developments will be constructed as a part of the
development process. All costs will be borne by the development when the proposed
new streets serve the development. In some instances, the City may choose to
participate in this construction where improvements serve more than adjacent
developments. The City will encourage the use of LIDs, where appropriate and
financially feasible, and to facilitate their development. The City will consider developing
a traffic impact fee system. (Policy TR-23, ACP)
18.
19.
Improvements that upgrade existing streets are considered to benefit the abutting
property, and the abutting property owners should fund such improvements. Some City
participation may be appropriate to encourage the formation of LIDs in particular
problem areas. (Policy TR-24, ACP)
Needed rights-of-way, on-site and off-site road improvements, and utilities should be
assured before development occurs. Policy LU-105, ACP).
CONDITIONS:
The lead agency for this proposal has determined that it does not have probable significant
impact on the environment, and an environmental impact statement is not required under
R.C.W 43.21C.030(2)(c), only if the following conditions are met. This decision is made after a
review of a completed environmental checklist and other information on file with the lead
agency. This information is available to the public on request.
Pdor to the authorization of demolition and earthwork activities, the applicant shall
prepare and submit a haul route for the review by the City Engineer. If, in the opinion of
the City Engineer, such hauling will adversely impact the street network, hauling hours
may be limited to appropriate off-peak hours or an alternate route or schedule. The
applicant must identify to the Building Official a proposed disposal site for the demolition
debris that will be exported from the site.
Pdor to the issuance of the permit that authorizes vertical construction, the proponent
shall provide the City with a storm 'water easement and maintenance agreement for the
site's storm drainage facilities. The agreement shall be provided to the City prior to plan
approval and recorded prior to issuance of occupancy permits.
Prior to the issuances of building permits, the applicant shall provide building elevations
that demonstrate design treatments are provided to preclude continuous and uniform
elevations along the expanses of wall visible from the adjacent rights-of-way.
Acceptable design treatments would include, but are not limited to, wall modulation or
articulation, window treatments, enhanced landscaping, changes in color or material or
similar architectural treatments.
Prior to the issuance of the permit that authorizes on-site grading, the applicant shall
demonstrate that the combination of the landscaping amenities and the project's storm
drainage facilities do not result in adverse functional or visual impacts. The design of
the drainage and landscaping shall be coordinated. If applicable, code required
DETERMINATION OF NON-SIGNIFICANCE SEP02-0032 (Continued)
Page 7
o
landscaping should not be located in the bioswale side slopes or side slopes above
treatment areas.
Prior to the issuance of a building permit, the applicant's construction drawing shall
indicate, to the satisfaction of the Building Official, that the project's exterior lighting will
be Iow intensity and shielded and directed to avoid light and glare impacts to adjacent
properties and rights-of-way.
The "southern" "M" Street SE driveway, as defined on the applicant's site plan, shall be
permitted as a full access driveway provided the adjacent building is modified to
increase sight distance from the subject driveway. At a minimum, the applicant shall
remove a 5-foot by 5-foot portion of the adjacent building to provide improved turning
movements into the site. The City Engineer shall review the proposed modification and
shall determine the extent of the alteration. This ddveway may be imposed with
restricted movements if, in the opinion of the City Engineer, the alteration proposal is
modified or is otherwise proven to be unable to provide adequate sight lines, as defined
by TP&E's request for 2"d ddveway dated April 10, 2003. The alteration plan shall be
designed and approved concurrent with the applicant's "Facility Extension Permit" and
installed prior to the issuance of a certificate of occupancy or at the direction of the City
Engineer.
The "northem" "M" Street SE driveway, as defined on the applicant's site plao, shall be
limited to right-in/right-out only. The applicant shall be responsible for installing c-
curbing within the "M" Street SE right-of-way to prevent left turning movements at the ·
subject driveway. The c-curbing shall be designed and ins{ailed to the satisfaction of
the City engineer. The c-curbing plan shall be designed concurrent with the applicant's
"Facility Extension Permit" and installed prior to the issuance of a certificate of
occupancy.
The applicant shall be responsible for the design, construction and dedication of a north
bound to east bound right-turn lane at the "M' Street SE/17th Street SE intersection to
facilitate traffic circulation at the site. The street improvement plan, include the length of
the turning lane shall be reviewed and approved by the City Engineer prior to the
issuance of construction permits and must be complete prior to issuance of a certificate
of occupancy.
The applicant shall dedicate6-feet of right-of-way by statutory warranty deed along the
property's "M' Street SE frontage from a point beginning approximately 88-feet north of
the southern boundary line, through the remaining length of the frontage to the
intersection of "M' Street SE and 17th Street SE. The applicant shall also dedicate a 22-
foot right-of-way radius at the southeast corner of the "M" Street SE and 17th Street SE
intersection, tying into the new right-of-way alignment. The dedication of right-of-way for
the southern approximately 80-feet of frontage may be deferred, provided the applicant
enters into an agreement with the City for future dedication, as deemed appropriate by
the City Engineer. The deed shall be reviewed and approved by the City Engineer prior
DETERMINATION OF NON-SIGNIFICANCE SEP02-0032 (Continued)
Page 8
to the issuance of construction permits and must be complete pdor to issuance of a
certificate of occupancy.
10. The applicant shall submit a lot line adjustment application pdor to or concurrent with the
application for a building permit to align the existing parcels to allow for the construction
of the proposed project without property line encroachments.
Any person aggrieved of the City's determination may file an appeal with the Auburn City Clerk
within 21 days of issuance of a final determination. Copies of the final determination, specifying
the appeals deadline, can be requested or obtained from the Department of Planning and
Community Development.
RESPONSIBLE OFFICIAL:
POSITION/TITLE:
Paul Krauss, AICP
Director, Department of
Planning & Community Development
ADDRESS:
25 West Main Street
Auburn, Washington 98001
(253) .931-3090
DATE ISSUED: May 20, 2003
SIGNATURE:
Any person aggrieved of this final determination may file an appeal with the Aubum City Clerk
within 21 days of the date of issuance of this notice. All appeals of the above determination
must be filed by 5:00 P.M. on June 10, 2003
Conditional Use Permit for Hearing Ex,aniner - Page 5
CONDITIONAL USE P RMIT
APPLICATION
kk~v ~ c ,~c,,c a,t~ C_~p o'2. ~cr-p
PROPERTY OWNER'S NAME APPLICATION NUMBER
Sec. Twp. Rng.:
Area Code:
Scheduled Public Hearing:
Staff Project Coordinator:
Zone Existing:
Date Received:
Do Not Write Above This Line
APPLICANT: COMPLETE THIS FORM WITH ALL ENTRIES BEING TYPED (except
signatures) OR NEATLY PRINTED IN INK. IF ADDED SPACE IS NEEDED, ATTACH
THE ADDITIONAL REQUIRED PAGES TO THIS APPLICATION.
I (we), the undersigned, OWNER(S) of property numbered opposite my
(our) names(s) hereby petition for a Conditional Use Permit for the following
use:
(Please attach a 112 (typed) page explabbg your proposed use.)
Ae
How is the property involved in this application more suitable for the Conditional
Use Permit than those uses permitted outright in the present zoning classification?
The proposed retail store is consistent with the designated commercial use of the property.
A Conditional Use Permit is required to allow the drive-thru along "M" Street.
We expect the aesthetics of the new Walgreens store and associated site, landscaping and
roadway construction to an hnprovement to the efisting retail development.
APPL\aCUP-APPL
Rev. 9/27/02
Conditional Use Permit for Hearing Ex,a'niner - P~e 6
Be
Why is this Conditional Use Permit compatible with the other existing uses in the
neighborhood?
The proposed retail store is consistem with the designated commercial use of the property.
A Conditional Use Permit is required to allow the drive-thru along "M" Street.
Why is this Conditional Use Permit compatible with the existing zoning in the area?
The proposed retail store is consistent with the designated commercial use of the property.
A Conditional Use Pem~it is required to allow the drive-thru along '~vl" Street.
De
Why is this Conditional Use Permit consistent with the Comprehensive Plan for the
area?
The proposed retail store is consistent with the designated commercial use of the property.
A Conditional Use Permit is required to allow the drive-thru along "M" Street.
APPLg'CUP-APPL
Rex'. 9~7/02
Conditional Use Permit for Hearing Examiner - Page 7
ALL PROPERTY OWNERS INCLUDED IN THIS APPLICATION MUST BE LISTED
BELOW OPPOSITE A "PARCEL NUMBER" WHICH IS ALSO SHOWN ON THE
LEGAL DESCRIPTION AND INDICATES THE PROPERTY OWNED BY EACH
APPLICANT. YOUR SIGNATURE ALSO INDICATES YOU HAVE READ AND
UNDERSTOOD THE CONTENTS OF THIS APPLICATION AND ITS ATTACHMENTS
PARCEL
NqSMBER
1921059073
1921059291
NAME, ADDRESS AND PHONE NUMBER
(Please Print)
DESIGNATED CONTACT PERSON:
Name: Terraforma Design Group. LLC
Address: 5009 36th Avenue SW. Seattle. wA 98126
Phone: (206) 923-0590 contact: Pedro DeGuzman. PE
PI]Z. ASE NOTE THAT THE SITE PLAN MUST ACCOMPANY THIS APPLICATION.
APPLV~CUP-APPL
Rev. 9.,~7/02
Conditional Use Permit for Hearing v_,,,mminer - Page 8
LEGAL DESCRIPTION OF PROPERTY
THAT PORT/ON OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION
TOWNSHIP 21 NORTH, RANGE 5 EAST W.M., AND OF LOTS 7 AND 8 OF WADKIN'S
SECOND ADDITION, AS PER PLAT RECORDED IN VOLUME 70 OF PLATS, PAGE
RECORDS OF KING COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4- OF THE SOUTHEAST
1/4 OF SAID SECT/ON
THENCE IN AN EASTERLY DIRECTION 128 FEET TO THE }?EST MARGINAL LINE OF
COUNTY ROAD, KNOWN AS ENUMCEAW PAVED HIGHWAY;
THENCE IN A SOUTHEASTERLY DIRECT/ON ALONG THE WEST LINE OF SAID HIGHWAY, A
DISTANCE OF 825.60 FEET;
THENCE WESTERLY 64g. 10 FEET TO A POINT 560.30 FEET SOUTH OF NORTHWEST
CORNER OF NORTHEAST I/4 OF THE SOUTHEAST 1/4 OF SAID SECT/ON
THENCE NORTH ALONG THE WEST LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST
OF SAID SECT/ON lg, A DISTANCE OF 560.30 FEET TO THE POINT OF BEGINNING;
EXCEPT PORT/ON THEREOF LYING WITHIN PRIMARY STATE HIGHWAY NO. 5;
AND EXCEPT THE NORTH 30.0 FEET IN WIDTH;
AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF AUBURN FOR STREET
PURPOSES BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 6165640, BEING A
RIGHT-OF-WAY 50 FEET WIDE WITH 25 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERUNE:
BEGINNING AT THE NORTHWEST CORNER OF GOVERNMENT LOT 11;
THENCE ALONG THE NORTH SIDE OF SAID GOVERNMENT LOT 11, NORTH 8g'38'35"'
EAST 25 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH PARALLEL TO THE WEST LINE OF SAID GOVERNMENT LOT 11, SOUTH
00'15'30" WEST 445.0 FEET;
THENCE THROUGH A CURVE TO THE LEFT HAVING A RADIUS OF 100.0 FEET FOR AN
ARC LENGTH OF gg. 48 FEET, SAID ARC HAVING A CENTRAL ANGLE OF 57"00"00";
THENCE SOUTH 56"44'30"' EAST 23.85 FEET;
THENCE THROUGH AN ARC TO THE RIGHT HAVING A RADIUS OF 100 FEET FOR AN ARC
LENGTH OF gg. 48 FEET, SAID ARC HAVING A CENTRAL ANGLE OF 57'00'00" TO
THE TERMINAL POINT OF THIS DESCRIBED CENTERLINE BEING A POINT ON THE
CENTERLINE OF THE EXIST1NG Id STREET S.E.;
AND EXCEPT PORT/ON LYING WITHIN LOT 7 OF SAID WADKIN'S SECOND ADDITION;
TOGETHER WITH THAT PORTION OF VACATED STREET PURSUANT TO ORDINANCE NO.
2634 OF THE CITY OF AUBURN;
SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON.
FEE PAYMENT:
Cashier's Ilfitials
$750.00 plus $350.00 for SEPA chec 'klist T.R. #
Date Received
APPL\"CUP-APPL
Re~. 9,,:7~0~
AUBURN WALGREENS - PROJECT SUMMARY
PROJECT: WALGREENS #07480
LOCATION: 1703 AUBURN WAY SOUTH, AUBURN
SITE AREA: 1.17 acres
BUll.DING AREA: 14, 560 sf
PROJECT SUMMARY:
Existing site consists of a multi-tenant retail building and separate hair salon / body spa building.
The proposed Walgreens development will require the demolition of the existing hair salon /
body spa building and a portion of the existing retail building (approximately 85 feet). A
boundary line adjustment will be required to provide a 1.17 acre lot for the new store.
Sitework improvements will include new paving, grading, drainage and utility services to the new
store. New parking and landscaping will be provided as required by the City. "M" Street will be
widened and right-of-way dedication provided as necessary for the City.
The development requires a Conditional Use Permit due to the proposed drive-thru on the west
side of the store. We anticipate that this will be approved since the existing on-site drive-thru for
the Frugal restaurant was approved.
02024-CUP-SUMMARY.doc 10/4/02