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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