HomeMy WebLinkAboutITEM VIII-A-5ACITTYTOF?
V AGENDA BILL APPROVAL FORM
WASHINGTON
Agenda Subject: Ordinance No. 6213 approving a Conditional Use Date:
Permit to allow operation of a machine shop with associated retail sales 11/10/2008
in the C3 - Heavy Commercial District at 309 49th Street NE. (CUP08-
0001
Department: Planning, Attachments: Please refer to Exhibit Budget Impact: NA
Building and Community List, below
Administrative Recommendation:
City Council to introduce and adopt Ordinance No. 6213.
Conditional Use Permit application CUP08-0001 was received by the City on January 11, 2008, and was
subsequently deemed complete as of February 8, 2008. This was prior to the City Council's adoption of
Ordinance No. 6185 on October 6, 2008, which amended Chapter 18.64 ACC to provide that the Hearing
Examiner shall make the final decision for Conditional Use Permit applications. Therefore, consistent with
the development regulations in effect on February 8, 2008, the final decision on application CUP08-0001
is the province of the City Council.
On October 22, 2008, the Hearing Examiner held a public hearing on the request of George R. Anex to
operate a machine shop (light manufacturing) with associated retail sales in an existing building located
within the C3 - Heavy Commercial District at 309 49th Street NE, Suite C.
On October 31, 2008 the Hearing Examiner issued a decision recommending approval of the conditional
use permit request subject to one condition as follows:
"1. The applicant shall submit plans and comply with City of Auburn Building Code review and approval
requirements for unpermitted building improvements within 30 days of the effective date of the City
Council ordinance approving the Conditional Use Permit."
In accordance with ACC 18.66.170, the City Council upon it review of the record may:
1. Affirm the hearing Examiner Recommendation
2. Remand the recommendation to the hearing examiner; or
3. Schedule a closed record hearing before the city council.
Staff is recommending the Council affirm the Examiner's recommendation and adopt Ordinance No. 6213
03.10.1 CUP08-0001
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
? Arts Commission COUNCIL COMMITTEES: ® Building ? M&O
? Airport ? Finance ? Cemetery ? Mayor
® Hearing Examiner ? Municipal Serv. ? Finance ? Parks
? Human Services ? Planning & CD ® Fire ® Planning
? Park Board ?Public Works ? Legal ? Police
? Planning Comm. ? Other ® Public Works ? Human Resources
Action:
Committee Approval: ?Yes ?No
Council Approval: ?Yes ?No Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: Norman Staff: Baker
Meetin Date: November 17, 2008 Item Number: VIII.A.5
AUBURN* MORE THAN YOU IMAGINED
Agenda Subject
Application No. CUP08-0001
Date:
11/10/2008
EXHIBIT LIST
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Exhibit 9
Staff Report
Completed Application, site plan and supporting materials, received January 11, 2008
Final MDNS99-0037 and associated Final Staff Evaluation
Aerial Photograph
Notice of Public Hearing and Vicinity Map
Affidavit of Posting
Affidavit of Mailing
Confirmation of Publication of Legal Notice
Hearing Examiner's Recommendation
Page 2 of 2
ORDINANCE NO. 6213
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING A CONDITIONAL USE
PERMIT TO ALLOW OPERATION OF A MACHINE SHOP WITH
ASSOCIATED RETAIL SALES IN THE C3 - HEAVY
COMMERCIAL DISTRICT
WHEREAS, Application No. CUP08-0001, received January 11, 2008, was
submitted to the City of Auburn, Washington, by George R. Anex on behalf of Scorpion
Motorsports, for approval of a Conditional Use Permit to allow operation of a machine
shop with associated retail sales in the C3 - Heavy Commercial Zoning District; and
WHEREAS, the site of the proposed use is located at 309 49th Street NE; and is
identified by King County Tax Parcel #9360600352; and
WHEREAS, on October 22, 2008, the Hearing Examiner conducted a duly
noticed public hearing on the matter and on October 31, 2008, issued a decision
recommending the City Council approve the Conditional Use Permit, with one (1)
condition based on the following Findings of Fact and Conclusions, to-wit:
FINDINGS OF FACT
Procedural:
1. Applicant. George R. Anex, for Scorpion Motorsports.
2. Hearing. The Hearing Examiner conducted a hearing on the application at 5:30
p.m. at Auburn City Hall in the Council Chambers on October 22, 2008.
Substantive:
3. Site/Proposal Description.
Scorpion Motorsports, a manufacturer and distributor of motorsports parts and
accessories proposes operating a machine shop, an office, and a small area for on-site
retail sales within a C3 Heavy Commercial Zoning District. The applicant has applied for
a business license to operate Scorpion Motorsports; manufacturing/distributing
mortorsports related goods and selling T-shirts, duffle bags, and custom motorcycle
Ordinance No. 6213
November 13, 2008
Page 2 of 23
parts and accessories. The status of this permit is on hold until the outcome of the
decision of the conditional use permit for the site. The site of the proposed use is an
existing 17,600 square foot multi-tenant light industrial/commercial building located on a
36,884 square foot lot. The proposed use would occupy an existing 4,130 square foot
commercial suite in the building. Approximately 3,730 square foot of the space would be
used for manufacturing and approximately 400 square feet would be used for related
office and retail sales areas. The address of the property is 309 49th Street NE, Suite C.
4. Characteristics of the Area.
Other existing tenants on the site include Transit Plumbing (plumbing contractor), and
TCA, Inc. (manufacturer/distributor of electronic cable assemblies). Surrounding
development includes Auburn Detail (auto detailing), and a real estate office on the
parcel immediately east of the site; an unoccupied and gated single-family residential
property immediately to the west; Hammer Auto Brokers; and a single-family residence
to the southwest. The parcels to the north and northwest of the site are vacant. The
surrounding area is also zoned C3, and the Comprehensive Plan for surrounding areas
is a combination of High Density Residential and Heavy Commercial.
5. Adverse Impacts.
The C3 zoning district allows a variety of commercial uses as permitted outright while
light manufacturing uses require review and approval of a conditional use permit. The
necessary structure, as well as parking, is already present on the site, and only minimal
construction will be required to carry out the needs of the new business space. In
addition, the use is consistent with other commercial and business uses in the area, and
will not bring any form of business that would be inconsistent with the intentions of the
C3 district. As such, this project will not have greater effects or be more injurious than
any of the other currently permitted uses already in the zoning district.
CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearing Examiner. ACC 18.64.020(A) grants the Hearing Examiner
with the authority to review a request for a Conditional Use Permit and make a
recommendation to the City Council.
Substantive:
2. Zoning Designation. The property is zoned C3 - Heavy Commercial, and the
Comprehensive Plan Designation is High Density Residential and Heavy Commercial.
3. Review Criteria and Application. Pursuant to Auburn City Code (ACC)
18.30.030(c), miscellaneous light manufacturing with retail sales of products
manufactured on the premises may be permitted when a Conditional Use Permit has
been issues pursuant to ACC 18.64. The criteria for a conditional use permit are
Ordinance No. 6213
November 13, 2008
Page 2 of 23
satisfied as outlined below where each criterion is in italics and the application to the
project is applied in corresponding Conclusions of Law.
ACC 18.64.040(A): 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.
4. The C3 zoning district allows a variety of commercial uses as permitted outright
while light manufacturing uses require review and approval of a conditional use permit.
The project site contains an established commercial/light industrial building. A traffic
study was previously done for this site as part of the SEPA review for construction of the
building in 2000, and is not required for the current proposal. The required access,
parking, and internal driveway/turnaround areas are provided. A building permit must be
obtained and plans submitted to the City of Auburn Permit Center to comply with City of
Auburn building code requirements for the unpermitted tenant improvements including a
demising wall and offices that have been constructed within the building. In addition, as
conditioned, the project is not expected to have greater effects or be more injurious than
any of the other current uses within the zoning district.
ACC 18.64.040(B): The proposal is in accordance with the goals, policies and
objectives of the Comprehensive Plan.
5. As noted in the staff report, the project is consistent with Auburn Comprehensive
Plan Policies LU-43, LU-47, LU-103 and UD-1 in that the project includes sufficient
landscaping and design features to minimize impacts on surrounding uses and will not
be more disruptive to existing uses than necessary. Compatibility with existing uses will
not create any conflicts, and the aesthetic character of the community will be preserved.
As such, the proposal is in accordance with the goals, policies, and objectives of the
Comprehensive Plan.
ACC 18.64.040(C): The proposal complies with all requirements of this title.
6. This proposal will satisfy all requirements of this title, as it will be located within
an existing facility, adequate off-street parking is already available, and no new
landscaping is necessary or required. There is nothing in the record to suggest non-
compliance with any other portions of the title.
ACC 18.64.040(D): The proposal can be constructed and maintained so as to be
harmonious and appropriate in design, character and appearance with the existing or
intended character of the general vicinity.
7. The proposal does not involve construction of a new building. The use is located
within an existing facility, all operations are conducted inside the building, adequate off-
street parking is already available, and no new landscaping is necessary or required. As
such, the proposed use requires no new construction; only perhaps minor interior
alterations in the future that will be subject to the building permit process of the City. In
addition, the character and appearance of the existing vicinity will be maintained, due to
no exterior modifications being made to the existing structure.
Ordinance No. 6213
November 13, 2008
Page 2 of 23
ACC 18.64.040(E): The proposal will not adversely affect the public infrastructure.
8. The proposal has been reviewed by other city departments and the Valley
Regional Fire Authority. Based on comments received during the review process, there
is no evidence that the public infrastructure will affected by the proposal. In addition, the
parking necessary to accommodate the business is already provided on the site and will
not affect other parking in the area. There is no evidence in the Record to suggest that
other public infrastructure would be adversely affected by the project.
ACC 18.64.040(F): The proposal will not cause or create a public nuisance.
9. The proposal involves a light manufacturing/commercial use in an existing light
manufacturing/commercial multi-tenant building. Nearby and adjacent uses include a mix
of other businesses, an unoccupied and gated single-family residence to the west, and a
single-family residence across the street. There is no record of Scorpion Motorsports
having caused any public nuisances. Additionally, several neighboring businesses on
the subject property and adjacent property to the east have provided letters stating that
the proposed use has not been a nuisance and is consistent with the surrounding area
(see applicant submittal, Exhibit No. 2). Given these factors, the proposal will not cause
or create a public nuisance.
RECOMMENDATION
Based on the application and Findings of Fact and Conclusions of Law, the Hearing
Examiner recommends approval of CUP08-0001, subject to the following condition:
1. The applicant shall submit plans and comply with City of Auburn Building Code
review and approval requirements for unpermitted building improvements within 30
days of the effective date of the City Council ordinance approving the Conditional
Use Permit.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Approval. The request for approval of a Conditional Use Permit to
allow operation of a machine shop with associated retail sales in the C3 - Heavy
Commercial Zoning District is hereby APPROVED based upon the Hearing Examiner's
Findings of Fact, Conclusions and Recommendation for the property located at 309 49th
Street NE (King County Parcel #9360600352) identified in Exhibit "A" attached hereto
and incorporated by reference.
Section 2. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
------------------------------
Ordinance No. 6213
November 13, 2008
Page 2 of 23
section or portion of this ordinance, or the invalidity of the application thereof to any
person or circumstance shall not affect the validity of the remainder of this ordinance, or
the validity of its application to other persons or circumstances.
Section 3. Recording. Upon the passage, approval and publication of this
Ordinance as provided by law, the City Clerk of the City of Auburn shall cause this
Ordinance to be recorded in the office of the King County Auditor.
Section 4. Implementation. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
legislation.
Section S. Effective Date. This Ordinance shall take effect and be in force five
days from and after its passage, approval and publication, as provided by law.
INTRODUCED:
ATTEST:
Danielle E. Daskam,
City Clerk
PASSED:
APPROVED:
PETER B. LEWIS
MAYOR
APPIROV AS RM: it
anie B. eid
City Attorney
PUBLISHED:
Ordinance No. 6213
November 13, 2008
Page 2 of 23
EXHIBIT A
LEGAL DESCRIPTION
King County Assessors Tax Parcel No. 9360600352
THAT PORTION OF THE EAST HALF OF THE W.A. COX DONATION LAND CLAIM,
SECTION 31, T 22 N, R 5 E, W.M., IN KING COUNTY, WASHINGTON DESCRIBED
AS FOLLOWS: BEGINNING 2454.4 FEET WEST OF THE NORTHEAST CORNER OF
SAID W.A. COX DONATION LANDCLAIM; THENCE SOUTH 843.64 FEET; THENCE
WEST 258.06 FEET TO THE TRUE POINT OF BEGINNING; THENCE EAST TO A
POINT 110 FEET WEST FO THE WEST MARGIN OF 86TH AVE S. AS CONDEMNED
FOR ROAD UNDER THENCE WEST 118.06 FEET; THENCE SOUTH 312 FEET TO
THE TRUE POINT OF BEGINNING.
Ordinance No. 6213
November 13, 2008
Page 2 of 23
? may:. f ?'`? f
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URN
WASHINGTON Planning, Building, and Community Department
MASTER LAND USE APPLICATION- PLANNING APPLICATIONS
Project Name Date C-1P ?iA, _ -iE ,
Parcel No(s) ._ Site Address ?/?f A _,"e' 1_61a?GW? pi=t`
Legal Description (attached separate sheet if necessary)
Applicant
Name: cr -'t Ai-6
Mailing Address:
<Y,??;?`?
Telephone and Fax: ej4
Email: J '(d
Signature:
Owner (if more than one attach another sheet)
Name:u ¢T? r?
Mailing Address:
Telephone and Fax:
Email:
Signature:
Engineer/Architecture/Other
Name:
Mailing Address:
Telephone and Fax:
Email:
Description of Proposed Action:
Type of Application Required Check all that Apply)
Administrative Appeal* Rezone (site specific)*
Administrative Use Permit* Short Plat
Annexation* Special Exception*
Boundary Line Adjustment Special Home Occupation Permit*
Comprehensive Plan Amendment (Text or Map)* Substantial Shoreline Development*
Conditional Use Permit* Surface Mining Permit*
Critical Areas Variance* Temporary Use Permit
Development Agreement* Variance*
--- Environmental Review (SEPA)* *Please note that public notification is
Final Plat required. A separate cost is charged
Preliminary Plat* for the signs. City prepares signs but
PUD Site Plan Approval applicant responsible for sign posting.
Reasonable Use Exce tion*
Page I of 2
xd
* MORE THAN YOU IMAGINED
CITY OF
WASHINGTON
s
Planning, Building, and Community Department
LETTER FROM PROPERTY OWNER GRANTING AUTHORIZATION TO ACT
L(rA copy of this letter must be submitted for each property owner involved)
I, --? ?7 7°,1-9 , being duly sworn declare that I am the owner of the property
(PROPERTY OWNER)
Involved in the application. I hereby grant ev n e e
of ?'? 1,9 e L4 a?dfr?'• to act on my behalf. I further declare that all
statements, answers, and information herein submitted is in all respects true and correct to the
best of my knowledge and belief.
1,,141 ure
Address
/-3°o
Date
Subscribed and sworn to before me this jy of J ''? u ex V
a 00 ?
Notary Public in and for the State of Washington,
Residing at -t.? rcrmq4- i _J1,;2311
lot,
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Page 2 of 2
.tUBUM *MORE THAN YOU 1MAGINED
CITY OF
AtiBURN Peter B. Lewis, Mayor
WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwo.gov * 253-931-3000
September 4, 2007
George R. Anex, President
Phoenix Manufacturing
309 49th St. NE Ste. C
Auburn, WA 98002
RE: Business License Application (BUS25119)
Located at: 309 49th St. NE, Auburn.
Dear Mr. Anex:
I^ reviewing the City of Auburn business license application for Phoenix Manufacturing, the
Department of Planning, Building and Community is unable to approve the application because
the business activity of a machine shop is not permitted in the City's C-3, Heavy Commercial
District. The business activity of a machine shop is permitted in the M-1, Light Industrial zone
and the M-2, Heavy Industrial zone.
The City of Auburn would be happy to work with Phoenix Manufa
location for its business in the Auburn Community. Please contact eat (253) 931-3002 v
any questions relating to the requirements of the C-3 zone.
You are also welcome to review the enclosed permitted uses for the C-3 zone to determine if
your business reflects any of the permitted uses and contact the City of Auburn for further
consideration of your business activity.
Sincerely,
Al Hicks
Senior Planner
ENC: ACC Chapter 18.30 (C-3)
Cc: Steve Pilcher
BCC: \
Chuck Joiner
Mike Dunbar
Business License File
30i.0
eoq, 3
N'
AUBURN * MORE THAN YOU IMAGINED
December 15, 2007
Al Hicks
Senior Planner
Planning & Community Development Dept.
25 West Main Street
Auburn, WA 98001
Dear Mr. Hicks and the Hearing Examiner:
This is a letter of addressing the "Findings of Fact" portion of the conditional use permit
application for Scorpion Motorsports Business License (BUS25199). We would like to
apply for a Conditional Use Permit based upon Auburn City Code Section 18.64.020.
Please review the following points which support that our business is consistent with
existing uses in this zone.
The business conducted at our facility is one of light manufacturing and retail services.
Most parts are smaller than a bag of English muffins. Our loading procedure does not
inhibit flow of traffic or interfere with street or sidewalk access.
During the business hours between 6:30am-8:00pm Monday - Saturday, we close our
bay doors, if one didn't know otherwise, there is little to no evidence that we are anything
more than a warehouse. We have attached supporting statements from our neighbors. The
statements are testimonies from our neighbors that our company does not affect them in
any way.
Scorpion Motorsports manner of operation is similar to some of its neighbors. The
manufacturing byproducts we produce are minimal and are not hazardous and we recycle
all of them. We do not cause adverse effect on the health, safety or comfort of our
neighbors and surrounding businesses. We consider our business appearance to be
harmonious with other businesses and the general vicinity.
The retail service portion of Scorpion Motorsports consists of after-market motorcycle
parts, t-shirts, hats and other paraphernalia.
The business conducted at our company is one that is compatible with other existing
businesses in the zoning area and the Comprehensive Plan. It is not a nuisance to the
public in terms of air, water, noise, vibration, dust, odor, and fumes nor is it injurious to
other's health.
Sincerely,
?nv P
J,,,v
R. Anex
President
309 49`h St. NE Suite C & D
Auburn, WA 98002
y
;E
December 6, 2007
TCA (Technical Cable Applications)
309 49 h St. NE, Suite E & F
Auburn, WA 98002
Al Hicks
Senior Planner
Planning and Community Development Dept.
25 West Main Street
Auburn, WA 98001
Dear Mr. Hicks and the City's Hearing Examiner:
I am writing this to testify that Scorpion Motorsports in not a nuisance to our business
and our workforce members. I do not find that their operating business, noise and
vibration is a nuisance to us nor is it affecting our health. I believe the appearance
exhibited by Scorpion Motorsports is consistent with this general vicinity.
Sincerely,
Dale Twiggs
Production Manager
December 6, 2007
Transit Plumbing, Inc.
309 49t' St. NE, Suite A & B
Auburn, WA 98002
Al Hicks
Senior Planner
Planning and Community Development Dept.
25 West Main Street
Auburn, WA 98001
Dear Mr. Hicks and the City's Hearing Examiner:
I am writing this to testify that Scorpion Motorsports in not a nuisance to our business
and our workforce members. I do not find that their operating business, noise and
vibration is a nuisance to us nor is it affecting our health. I believe the appearance
exhibited by Scorpion Motorsports is consistent with this general vicinity.
Sincerely,
r
eff D. Estep
President
December 6, 2007
Auburn Volkswagan
4912 D Street NE
Auburn, WA 98002
Al Hicks
Senior Planner
Planning and Community Development Dept.
25 West Main Street
Auburn, WA 98001
Dear Mr. Hicks and the City's Hearing Examiner:
I am writing this to testify that Scorpion Motorsports in not a nuisance to our business
and our workforce members. I do not find that their operating business, noise and
vibration is a nuisance to us nor is it affecting our health. I believe the appearance
exhibited by Scorpion Motorsports is consistent with this general vicinity.
Sincerely,
Ryan Cates
Detail Manager
CHARLES A. I300T41, MAYOR
Paul Krauss, A.LC.P., Planning Director
PL_ANNIN(; (ONMUM I Y DL% [A \tE\I DE[,I
2> Wetit Main, Auburn, YLA 98001
(253) 931-3090 Fax: (253)931-3053
FINAL
MITIGATED
DETERMINATION OF NON-SIGNIFICANCE
SEP-0037-99
DESCRIPTION OF PROPOSAL: Site preparation and development of a 17,600 square
foot, multi-tenant commercial building for a contractor services business The proposal
also includes the development of parking and maneuvering areas landscaping and
utilities.
PROPONENT: Jeff Estep Transit Plumbing
LOCATION: 309 49th Street NE
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. SEP-0037-99", 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.
FINDINGS OF FACT:
1. The proposal includes a grading permit for the site preparation and development of a
17,600 square foot, multi-tenant commercial building for a contractor services business.
The proposal also includes the development of parking and maneuvering areas,
landscaping and utilities.
The construction will require the importation and on-site grading of approximately 2,500
cubic yards to achieve the proposed finished grades for development.
2. The construction activity of the proposed project will include the on-site grading of
existing soils, resulting in potential water quality degradation that will be mitigated
through the compliance with the guidelines prescribed in the City's Design and
Construction Standards manual.
Pty bww POP Omm
DETERMINATION OF NON-SIGNIFICANCE SEP-0037-99 (Continued) - Page 2
3. Site preparation and construction activities will generate increased levels of local
suspended particulate matter.
4. The temporary truck trips, generated by the fill placement operations, have 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.
5. The project includes construction of impervious surfaces over approximately 90
percent of the site. The construction of paved surfaces will adversely impact the area's
water quality unless mitigation measures are implemented consistent with the
guidelines prescribed in the City's Design and Construction Standards manual.
6. The creation of expanses of impervious surfaces will increase the quantity of storm
water discharge from the site. The project's storm drainage facilities must be properly
designed and constructed to accommodate the increased runoff in accordance with the
guidelines prescribed in the City's Design and Construction Standards manual.
7, The proposed at-grade storm drainage facilities have the potential to result in
adverse functional and visual impacts without appropriate design and coordination with
other site features.
8. Lack of maintenance is known to reduce the effectiveness of stormwater collection
and treatment facilities, resulting in water quality degradation.
9. The proposed project will result in the removal of 9 trees meeting the City's criteria
for "significant trees".
10. The site will be highly visible from 49th Street NE and the adjacent properties and
has the potential to result in adverse visual impacts if mitigation measures are not
implemented.
11. Light and glare from the proposed project may adversely impact adjacent
properties if mitigation measures are not implemented.
12. Based on the Institute of Transportation Engineers "Trip Generation" manual, it is
anticipated that 15 new trips during the p.m. peak hour will result from the proposed
project.
DETERMINATION OF NON-SIGNIFICANCE SEP-0037-99 (Continued) - Page 3
13. The project will contribute additional vehicle trips to the South 277th Street corridor
and lower capacity levels. The contribution of a pro-rata share of costs for the at-grade
improvement project will reduce off-site traffic impacts.
14. Utilities are available proximate to the site.
15. The City received one comment in response to issuance of the Proposed Mitigated
Determination of Non-Significance for this project. In this comment, the proponent
expressed concern regarding the requirement to provide a five-foot minimum width of
landscaping along the west and north property lines of the subject parcel. In response
to proponent's request, the MDNS condition has been revised to require the proponent
to provide landscaping with an average width of five-feet along the subject property
lines.
16. The "Final Staff Evaluation for Environmental Checklist No. SEP-0037-99" 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 following
are City adopted policies, which support the MDNS:
1. The City shall seek to ensure that land not 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-64, Auburn Comprehensive Plan (ACP)).
2. Large scale speculative filling and grading activities not associated with a
development proposal shall be discouraged as it reduces a vegetated site's natural
ability to provide erosion control and biofiltration, absorb storm water and filter
suspended particulates. In instances where speculative filling is deemed appropriate,
disturbed vegetation shall be restored as soon as possible and appropriate measures to
control erosion and sedimentation until the site is developed shall be required. (Policy
EN-67, ACP)
3. The City shall seek to secure and maintain such levels of air quality as will protect
human health, prevent injury.to plant and animal life, prevent injury to property, foster
DETERMINATION OF NON-SIGNIFICANCE SEP-0037-99 (Continued) - Page 4
the comfort and convenience of area inhabitants, and facilitate the enjoyment of the
natural attractions of the area. (Policy EN-16, ACP)
4. The City shall consider the impacts of new development on air quality as a part of its
environmental review process and require any appropriate mitigating measures. (Policy
EN-20, ACP)
5. 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-9, 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.
Impacts on fish resources shall be a priority concern in such reviews. (Policy EN-11,
ACP)
7. 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-12, ACP)
8. 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-55, ACP)
9. The City shall encourage the retention of vegetation and encourage landscaping in
order to provide filtering of suspended particulate matter. (Policy EN-18, ACP)
10. The City shall encourage the use of native vegetation as an integral part of public
and private development proposals. (Policy EN-29, ACP)
11. The City shall discourage the unnecessary disturbance of natural vegetation in new
development. (Policy EN-30, ACP)
12. Compatibility among land uses should be enhanced through landscaping, building
orientation and setbacks, traffic control and other measures to reduce potential
conflicts. (Policy LU-103, ACP)
DETERMINATION OF NON-SIGNIFICANCE SEP-0037-99 (Continued) - Page 5
13. The City shall encourage development which maintains and improves the existing
aesthetic character of the community. (Policy UD-1, ACP)
14. 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)
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-39, ACP)
16. New development shall not be allowed if an LOS is below the LOS standard before
development or when the impacts of the new development on the transportation system
degrades the LOS to below the LOS standard, unless the condition is remedied
concurrent with the development. (Policy TR-17, ACP)
17. Revenues for street improvements should primarily provide for the orderly
development of the general traffic flow in compliance with the six-year street plan. The
basic criterion for such funding should be the degree to which that project improves the
general traffic flow and not the benefit that might accrue to properties. Use of revenues
to encourage formation of LIDs should be of only secondary concern, and should be
considered appropriate only when used to address particularly significant traffic
problems. Where it is possible to establish a direct relationship between a needed
improvement and a development, the development should be expected to contribute to
its construction. (Policy TR-25, 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. 43.21 C.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.
1. Prior to the issuance of clearing, grading or other construction permits, the applicant
must furnish the City Engineer with a proposed route and schedule for hauling soil and
demolition material to or from the site. If, in the opinion of the City Engineer, such
DETERMINATION OF NON-SIGNIFICANCE SEP-0037-99 (Continued) - Page 6
hauling will adversely impact the street network, hauling will be limited to appropriate
routes and off-peak hours.
2. The Contractor will be required to water the site, as necessary, to reduce dust
emissions as a result of construction activity. These actions will be governed and
directed by the City Building Official.
3. The proponent shall provide the City with an inspection and maintenance easement
for the site's storm drainage facilities. The easement shall be prepared and submitted
to the City for approval prior to the issuance of occupancy permits.
4. A site design plan including landscaping, building materials and elevations and site
features (including fencing or retaining walls) shall be prepared and submitted for
review and approval by the Planning Director prior to the issuance of the permit
authorizing on-site grading. The site plan, in addition to demonstrating compliance with
other applicable City regulations shall address the following elements:
a. The plan shall identify existing trees, including those meeting the City Zoning
code definition of "Significant Trees" by location, size and species and include
mitigation through provision of replacement trees. The plan shall demonstrate
that removal and disturbance of significant trees has been minimized and that
appropriate replacement is provided for any trees which are removed.
Replacement shall generally provide new 2-inch deciduous or 6-foot evergreen
trees for every 10 inches of tree diameter removed and that trees shall be
replaced in-kind. The plan shall identify measures for the protection of trees
during project construction by limiting disturbance within the drip line of the trees.
b. The applicant shall provide Type III landscaping along all north and west property
lines of the subject parcel. The landscaping shall average five-foot and be a
minimum of four foot in width for the length of each property line. The Planning
Director shall approve the tree species planted in support of this condition.
c. The applicant shall provide building elevations that demonstrate appropriate
architectural design treatments, coordinated with site landscaping, are
incorporated on all elevations visible from adjoining properties. Appropriate
design treatments include, but are not limited to; the accenting of building
entrances, changes in material or color and other similar design features.
d. To ensure that the combination of the landscaping amenities and the project's at-
grade storm drainage facilities do not result in adverse functional or visual
impacts, the design of the drainage and landscaping shall be coordinated. Code
DETERMINATION OF NON-SIGNIFICANCE SEP-0037-99 (Continued) - Page 7
required landscaping shall not be located in the bioswale side slopes or side
slopes above treatment areas. The at-grade stormwater facilities should be
designed to preclude the need for fencing.. In the event a fence is required,
construction of the fence shall be coordinated through the use of similar
architectural treatments and materials as used in the construction of the new
facility.
5. Prior to the issuance of building permits, the applicant's construction drawings shall
indicate to the satisfaction of the Building Official that the project's exterior lighting will
be low intensity and shielded and directed to avoid light spillage onto adjacent
properties, natural areas and travelers on adjacent streets.
6. The applicant shall be required to dedicate 7.50-feet right-of-way and complete
improvements to the north'/2 of 49th Street NE to current city standards for a local non-
residential street, as determined by the City Engineer.
7. The developer shall be required to execute a transportation mitigation agreement
prior to the issuance of a building permit to participate in the proposed improvements to
the South 277th corridor. It is anticipated that approximately 7 PM peak hour trips
generated by the proposed project would travel on South 277th Street. The proposed
vehicular capacity improvements to the 277th corridor indicate adding one eastbound
and one westbound travel lane. According to the City of Auburn transportation model,
the addition of two travel lanes to the 277th corridor will generate 2800 vehicular
capacity per lane. The developer share for this project is 0.25 percent (7/2800=0.0025)
[City of Auburn Transportation Improvement Program (2000-2005 #3 and #25)].
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:
ADDRESS:
Paul Krauss, A.I.C.P.
Director of the Department of
Planning & Community Development
25 West Main Street
Auburn, Washington 98001
(253) 931-3090 - % /
DATE ISSUED: November 18. 1999
SIGNATUR
Any person aggrieved of this final determination may file an appeal with the Auburn 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 December 9. 1999.
FINAL STAFF EVALUATION FOR ENVIRONMENTAL CHECKLIST SEP-0037-99
Date: October 22, 1999
Project Name: Transit Plumbing Building
Applicant: Jeff Estep
Transit Plumbing
4302 "B" Street NW, Suite "C"
Auburn, WA 98001
253-854-4443
Contact: Andy Rykels
Rykels Engineering
28301 183rd Avenue SE
Kent, WA 98042
253-631-6598
Location: 309 49th Street NE
Legal Description: Generally that portion of the W.A. Cox Donation Land Claim. For full legal description,
please see sheet P-1 "Site Improvement Plan"
S-T-R:31-22-05
Principal Parcel Number: 936060-0352
Related Parcel Number: N/A
Proposal: Grading permit for the site preparation and development of a 17,600 square foot, multi-tenant
commercial building for a contractor services business. The proposal also includes the development of
parking and maneuvering areas, landscaping and utilities.
Existing Zoning: C3, Heavy Commercial
Proposed Zoning: N/A
Comprehensive Plan Designation: High Density Residential
A. Background
8. Other Environmental information: The following information has been prepared in support of this
environmental checklist application:
• "Site Improvement Plan, dated 8-8-99, Sheet P-1, prepared by Rykels Engineering Group, Inc."
• "Site Improvement Plan (Grading), dated 8-8-99, Sheet G-1 and G-2, prepared by Rykels Engineering
Group, Inc."
11. Project Description: Site preparation and development of a 17,600 square foot office building for a
contractor services business. The proposal also includes the development of parking and maneuvering
areas, landscaping and utilities. The site's existing structures are proposed for removal under separate
permit.
B. Environmental Elements:
The 1973 USDA Soil Conservation Service's "Soil Survey for the King County Area, Washington", classifies
the site's soils as Briscot silt loam (Br). Briscot silt loam is made up of silt loam to very fine sandy loam
particles. The soil has the following characteristics: moderate permeability, a winter high water table within
one to two feet of the surface and a slight erosion hazard.
The site is predominately flat with slopes less than two percent. Under the current proposal, it is estimated
that the earthwork will consist of approximately 2,500 cubic yards of imported fill to create a site at equal
grade to the adjacent right-of-way.
The flatness and existing soil type do not themselves present an erosion hazard; however, the site
preparation includes the importation and placement of fill for construction. These proposed actions, if not
Final Staff Evaluation for Environmental Checklist SEP-0037-99 - Page 2
properly controlled, have the potential to result in erosion and sedimentation impacts to the adjacent
properties and the surface drainage system.
The City requires the preparation, review and approval of a temporary erosion and sedimentation control
plan in accordance with the City's Design and Construction Standards manual. Designing the plan in
conformance with the guidelines described in that manual will mitigate or alleviate those potential impacts.
Applicable policies adopted and designated as a basis for the exercise of substantive authority under SEPA
to approve, condition or deny proposed actions are noted as follows:
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-64, Auburn Comprehensive Plan. (ACP)
Large scale speculative filling and grading activities not associated with a development proposal shall
be discouraged as it reduces a vegetated site's natural ability to provide erosion control and
biofiltration, absorb storm water and filter suspended particulates. In instances where speculative
filling is deemed appropriate, disturbed vegetation shall be restored as soon as possible and
appropriate measures to control erosion and sedimentation until the site is developed shall be required.
(Policy EN-67, ACP)
2. Air: Short-term impacts on air quality could occur during site preparation and paving operations. These
impacts will be controlled through watering the site as necessary. Street cleaning in accordance with the
City's Design and Construction Standards manual will also lessen these impacts. Construction activity, to
include importation and exportation activities, will contribute to short-term increases in local suspended
particulate levels.
Applicable policies adopted and designated as a basis for the exercise of substantive authority under SEPA
to approve, condition or deny proposed actions, are noted as follows:
The City shall seek to secure and maintain such levels of air quality as will protect human health,
prevent injury to plant and animal life, prevent injury to property, foster the comfort and
convenience of area inhabitants, and facilitate the enjoyment of the natural attractions of the area.
(Policy EN-16, ACP)
The City shall consider the impacts of new development on air quality as a part of its environmental
review process and require any appropriate mitigating measures. (Policy EN-20, ACP)
3. Water: The site does not contain surface water features or wetlands.
The proposed construction will result in approximately 90% of the site being covered with impervious
surfaces. The increase in impervious surface will increase the site's storm water runoff. As a result, the
project will alter the existing surface runoff characteristics and reduce the water quality of the surface runoff.
The site's paved areas have the potential to contribute pollutants to the ground and surface as pollutants
are washed from impervious surfaces into the storm drainage system. Pollutants that accumulate on paved
surfaces include heavy metals, petrochemicals and other substances and require water quality treatment
prior to discharge.
Under the current proposal, the project's storm water and surface drainage will be collected, detained and
discharged to a biofiltration swale prior to controlled release into the City's existing drainage system. The
system proposed has a capacity of 2,475 cubic feet. The system is being oversized to manage the runoff
anticipated from increases in impervious surfaces adjacent to the site.
Final Staff Evaluation for Environmental Checklist SEP-0037-99 - Page 3
Proper and routine maintenance of the site's private storm drainage facilities is necessary to avoid adverse
impacts and to ensure sufficient storage capacity and water quality treatment. The applicant will be required
to provide the City with inspection and maintenance easements for the site's drainage system.
A system designed in accordance with the guidelines prescribed in the City's Design and Construction
Standards manual will alleviate the potential impacts related to surface runoff and water quality.
Applicable policies adopted and designated as a basis for the exercise of substantive authority under SEPA
to approve, condition or deny proposed actions are noted as follows:
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-9, ACP)
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. Impacts on fish resources shall be a
priority concern in such reviews. (Policy EN-11, 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-12, 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-55, ACP)
4. Plants: The checklist indicates that existing vegetation will be removed from the subject parcel including
nine trees meeting the City's criteria for "significant tree" with a cumulative diameter of 243-inches. The
applicant shall provide replacement trees as mitigation for the removal on existing significant trees.
Replacement shall generally provide new 2-inch diameter deciduous trees or 6-foot evergreen trees for
every 10 inches of tree diameter removed and that replacement trees shall be provided in-kind.
Applicable policies adopted and designated as a basis for the exercise of substantive authority under SEPA
to approve, condition or deny proposed actions are noted as follows:
The City shall encourage the retention of vegetation and encourage landscaping in order to
provide filtering of suspended particulate matter. (Policy EN-18, ACP)
The City shall encourage the use of native vegetation as an integral part of public and private
development proposals. (Policy EN-29, ACP)
The City shall discourage the unnecessary disturbance of natural vegetation in new development.
(Policy EN-30, ACP)
5. Animals: Concur with checklist.
6. Energy and Natural Resources: Concur with checklist.
7. Environmental Health: Concur with checklist.
8. Land and Shoreline Use: The site is currently occupied with a single family dwelling and associated
accessory structures. Those structures are being removed under a separate permit. The site is currently
zoned C3 Heavy Commercial with a Comprehensive Plan designation of High Density Residential. The
Final Staff Evaluation for Environmental Checklist SEP-0037-99 - Page 4
proposed use is permitted under the current zoning (Auburn City Code 18.30.020.M "Building Contractor
Services") but would be considered non-conforming under future zoning designations (such as R4, Multiple
Family Residential), that would better support the Comprehensive Plan designation.
Adjacent zoning and land uses include:
North: C3, Heavy Commercial (vacant)
East: C3, Heavy Commercial (single family residence)
South: 49th Street right-of-way and then C3 Heavy Commercial
West: C3, Heavy Commercial (single family residence)
City of Auburn Sensitive area designations for the subject parcel include aquifer recharge area, volcanic
hazard and seismic hazard.
9. Housing: Concur with checklist
10. Aesthetics: The site is flat and highly visible from adjoining properties to the south and the right-of-
way. The proposed two-story 17,600 square foot has the potential to result in adverse visual impacts if
mitigation measures are not identified and implemented.
The applicant, prior to the issuance of building permits shall submit a site design plan that proposes
screening of the project from adjoining properties and the right-of-way. Vegetative treatments, consistent
with the City's Type III landscaping shall be required along the project's perimeter. In addition, the
elevations of the proposed building shall exhibit architectural design treatments, such as windows, wall
articulation or changes in color or material that preclude blank, uniform elevations as viewed from adjacent
properties.
The applicant's at ground storm water facility is proposed adjacent to the street in southern most southeast
corner of the parcel. To ensure that the combination of the landscaping amenities and the project's above
ground storm drainage facilities do not result in adverse functional or visual impacts, the design of the
drainage and landscaping shall be coordinated. The at-grade stormwater facilities should be designed to
preclude the need for fencing. In the event a fence is required, construction of the fence shall be
coordinated through the use of similar architectural treatments and materials as used in the construction of
the office building.
Applicable policies adopted and designated as a basis for the exercise of substantive authority under SEPA
to approve, condition or deny proposed actions are noted as follows:
Compatibility among land uses should be enhanced through landscaping, building orientation and
setbacks, traffic control and other measures to reduce potential conflicts. (Policy LU-103, ACP)
The City shall encourage development which maintains and improves the existing aesthetic
character of the community. (Policy UD-1, ACP)
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)
11. Light and Glare: New potential sources of light and glare impacts from the project include: light and
glare from automobiles accessing the site, building lighting, parking lot lighting, signs, and potential
reflection from windows or exterior building surfaces. If mitigation measures are not implemented the
proposed development could adversely impact travelers on existing streets, and neighboring businesses.
Appropriate mitigation measures should be employed to avoid adverse impacts resulting from light and
Final Staff Evaluation for Environmental Checklist SEP-0037-99 - Page 5
glare. Proposed exterior lighting, should be low intensity and be properly located, shielded and directed to
avoid impacts. The project's driveways and landscape areas should be arranged to minimize off site
lighting impacts.
Applicable policies adopted and designated as a basis for the exercise of substantive authority under SEPA
to approve, condition or deny proposed actions are noted as follows:
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-39, ACP)
12. Recreation: Concur with checklist
13. Historic and Cultural Preservation: Concur with checklist
14. Transportation: Short-term impacts on transportation would occur during the site preparation
operations. Longer-term impacts to the transportation system will vary in level according to the amount of
traffic generated by the completed development.
Based on national standards developed from similar uses the proposed 17,600 square foot building is
expected to generate 15 vehicle trips in the PM peak hour. This is based on information from the Institute
of Transportation Engineers (ITE) manual "Trip Generation Handbook (6th Edition)".
Based on the proposed office use, the project traffic entering and exiting the site will utilize the South 277th
Street corridor. The City has determined that during the PM Peak Hour it can be expected that 50% (8
trips) of the trips generated will be south bound while the remaining 50% (7 trips) will be northbound. The
northbound trips will enter the Auburn Way South/ South 277th Street corridor and continue north or turn left
and continue west.
Although the LOS at the intersection of Auburn Way North and South 277th Street will drop to LOS E as a
result of the project, the entire corridor is currently under redesign and the reconstruction of the at-grade
improvements will alleviate the LOS concern at that intersection.
The project will generate 7 trips through the South 277th Street corridor and can be expected to participate
in the cost of the at-grade improvements. The proponent shall enter into a traffic mitigation agreement for
the at-grade improvements prior to the issuance of building permits. The project will be responsible for
0.025% (7 (trips generated by project through the corridor) / 2800 (corridor capacity) of pro rata share of
project costs.
The number and location of the site's driveway is consistent with City requirements. Prior to the approval of
building permits the applicant must demonstrate the proposal can provide the parking required by City
Code.
The applicant will be required to complete '/z street improvements including curb, gutter, sidewalk,
illumination and landscaping along the 49th Street NE frontage, as applicable. The additional dedication of
right-of-way will be required to construct the % street corridor to current City standards.
Applicable policies adopted and designated as a basis for the exercise of substantive authority under SEPA
to approve, condition or deny proposed actions are noted as follows:
New development shall not be allowed if an LOS is below the LOS standard before development or
when the impacts of the new development on the transportation system degrades the LOS to below
the LOS standard, unless the condition is remedied concurrent with the development. (Policy TR-17,
ACP)
Final Staff Evaluation for Environmental Checklist SEP-0037-99 - Page 6
Revenues for street improvements should primarily provide for the orderly development of the general
traffic flow in compliance with the six-year street plan. The basic criterion for such funding should be
the degree to which that project improves the general traffic flow and not the benefit that might accrue
to properties. Use of revenues to encourage formation of LIDs should be of only secondary concern,
and should be considered appropriate only when used to address particularly significant traffic
problems. Where it is possible to establish a direct relationship between a needed improvement and a
development, the development should be expected to contribute to its construction. (Policy TR-25,
ACP)
15. Public Services: The proposed project will require normal police and fire protection associated with
this type of use. The increase in capacity can be accommodated by the existing operations. The proposed
buildings will be required to meet fire code requirements hydrant spacing, fire sprinkling and fire apparatus
access for the proposed building.
16. Utilities: The expansion of the existing facility will result in impacts through the increased demand for
water and sewer service. The City's existing utility lines proximate to the site have the capacity to
accommodate this increased demand.
C. Conclusion: The proposal can be found to not have a probable significant adverse impact on the
environment. The City reserves the right to review any future revisions or alterations to the site or to the
proposal in order to determine the environmental significance or non-significance of the project at that point
in time.
Prepared by: Sean Martin, Planner I
cc: Tony Baca, Building Official
Dennis Dowdy, City Engineer
Christine Engler, Public Works Director
Herb Moss, Development Engineer
Bob Johnson, Fire Chief
Dave Smith, Fire Marshal
Maintenance and Operations
City of Auburn eGIS Page I of 1
zdaft -l
Num bOr d
http://gisims/servlet/com.esri.esrimap.Esrimap?ServiceName=Live&ClientVersion=4.0&F... 1/15/2008
CITY OF
AtfBURN Peter B. Lewis, Mayor
WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000
NOTICE OF APPLICATION and PUBLIC HEARING
PUBLIC HEARING:
APPLICATION REQUESTED:
APPLICATION NUMBER & NAME:
PROPONENT:
October 15, 2008 at 5:30 pm
COUNCIL CHAMBERS, AUBURN CITY HALL
Conditional Use Permit
CUP 08-0001 / Scorpion Motorsports
George Anex
309 49th Street NE, Suite C, Auburn, WA 98002
PROPERTY LOCATION: The property is located at 309 49th Street SE, Suite C. The site is within the
northwest quarter of Section 31, Township 22 North, Range 5 East, W.M. King County, Washington.
Assessors Parcel Number: #9360600352.
DESCRIPTION OF PROPOSAL: The applicant has applied to the City of Auburn for a business
license to operate a machine shop with on-site retail of manufactured and resale items at 309 49th
Street NE, Suite C, Auburn, WA 98002. The zoning of the proposed location for this business is C3 -
Heavy Commercial District. Section 18.30.030 of the Auburn City Code (ACC) provides that certain
light manufacturing activities in the C3 - Heavy Commercial District may be permitted when a
conditional use permit has been issued pursuant to the provisions of Chapter 18.64 ACC.
AUBURN PB&C CONTACT: APPLICATION FILED: January 11, 2008
Chris Andersen COMPLETE APPLICATION: February 8, 2008
candersen@auburnwa.gov NOTICE OF APPLICATION: September 29, 2008
253-876-1962
STUDIES SUBMITTED WITH APPLICATON: None.
OTHER PERMITS AND PLANS WHICH MAY BE REQUIRED: City of Auburn Business License.
STATEMENT OF CONSISTENCY AND LIST OF APPLICABLE DEVELOPMENT REGULATIONS:
This project is subject to and shall be consistent with the City of Auburn Zoning Code, Surface and
Stormwater Management Ordinance, International Building Code and International Fire Code.
All persons may comment on this application either in writing to the address below or by submitting
written or oral testimony during the public hearing. Written comments in advance of the Public Hearing
must be received by 5:00 P.M., October 15, 2008, at the Planning, Building & Community Department,
25 West Main Street, Auburn WA 98001. Any person wishing to become a party of record and receive
future notices, copies of the Planning, Building & Community report with recommendation (one week
prior to hearing), Hearing Examiner decision or any appeal decision must notify the Planning, Building
& Community Department by providing their name and mailing address and referencing the application
number - CUP 08-0001.
City of Auburn
Planning, Building and Community Department Rd".6,
25 West Main Street, Auburn, WA 98001- 4998 efffto
253-931-3090
For citizens with speech, sight or hearing disabilities wishing to review documents pertaining to this
hearing, should contact the City of Auburn within 10 calendar days prior to the meeting, as to the type of
service or equipment needed. Each request will be considered individually according to the type of
request, the availability of resources, and the financial ability of the City to provide the requested services
or equipment
AUBURN* MORE THAN YOU IMAGINED
CITY OF
AliBURN Peter B. Lewis, Mayor
WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000
REVISED NOTICE OF APPLICATION and PUBLIC HEARING
PUBLIC HEARING:
APPLICATION REQUESTED:
APPLICATION NUMBER & NAME:
PROPONENT:
October 22, 2008 at 5:30 pm
COUNCIL CHAMBERS, AUBURN CITY HALL
Conditional Use Permit
CUP 08-0001 / Scorpion Motorsports
George Anex
309 49th Street NE, Suite C, Auburn, WA 98002
PROPERTY LOCATION: The property is located at 309 49th Street SE, Suite C. The site is within the
northwest quarter of Section 31, Township 22 North, Range 5 East, W.M. King County, Washington.
Assessors Parcel Number: #9360600352.
DESCRIPTION OF PROPOSAL: The applicant has applied to the City of Auburn for a business
license to operate a machine shop with on-site retail of manufactured and resale items at 309 49th
Street NE, Suite C, Auburn, WA 98002. The zoning of the proposed location for this business is C3 -
Heavy Commercial District. Section 18.30.030 of the Auburn City Code (ACC) provides that certain
light manufacturing activities in the C3 - Heavy Commercial District may be permitted when a
conditional use permit has been issued pursuant to the provisions of Chapter 18.64 ACC.
AUBURN PB&C CONTACT: APPLICATION FILED: January 11, 2008
Chris Andersen COMPLETE APPLICATION: February 8, 2008
candersen@auburnwa.gov NOTICE OF APPLICATION: September 29, 2008
253-876-1962
STUDIES SUBMITTED WITH APPLICATON: None.
OTHER PERMITS AND PLANS WHICH MAY BE REQUIRED: City of Auburn Business License.
STATEMENT OF CONSISTENCY AND LIST OF APPLICABLE DEVELOPMENT REGULATIONS:
This project is subject to and shall be consistent with the City of Auburn Zoning Code, Surface and
Stormwater Management Ordinance, International Building Code and International Fire Code.
All persons may comment on this application either in writing to the address below or by submitting
written or oral testimony during the public hearing. Written comments in advance of the Public Hearing
must be received by 5:00 P.M., October 22, 2008, at the Planning, Building & Community Department,
25 West Main Street, Auburn WA 98001. Any person wishing to become a party of record and receive
future notices, copies of the Planning, Building & Community report with recommendation (one week
prior to hearing), Hearing Examiner decision or any appeal decision must notify the Planning, Building
& Community Department by providing their name and mailing address and referencing the application
number - CUP 08-0001.
City of Auburn
Planning, Building and Community Department r
25 West Main Street, Auburn, WA 98001- 4998
253-931-3090
For citizens with speech, sight or hearing disabilities wishing to review documents pertaining to this
hearing, should contact the City of Auburn within 10 calendar days prior to the meeting, as to the type of
service or equipment needed. Each request will be considered individually according to the type of
request, the availability of resources, and the financial ability of the City to provide the requested services
or equipment
AUBURN* MORE THAN YOU IMAGINED
9/25/2008 City of Auburn Page 1 of i
Radius Notification Parcel Report
For the Period 9/25/2008 thru 9/25/2008
Parcel Number Parcel Address Owner Name Owner Address Owner City, State Zip
0002200001 4900 AUBURN WAY N RPG AUBURN PROPERTIES LLC % 120 N ROBERTSON BLVD LOS ANGELES CA, 90048
0002200007 219 49TH ST NE RPG AUBURN PROPERTIES LLC % 120 N ROBERTSON BLVD LOS ANGELES CA, 90048
9360000200 4910 AUBURN WAY N TULLI'S INVESTMENT GROUP NU 10215 SE 192ND ST RENTON WA, 98055
9360000205 113 49TH ST NE SAMPSON DONNA D 113 49TH ST NE AUBURN WA, 98002
9360600010 120 49TH ST NE MONK JOHN 28714 SE 462ND PL ENUMCLAW WA, 98022
9360600015 MONK JOHN 28714 SE 462ND PL ENUMCLAW WA, 98022
9360600160 4800 AUBURN WAY N HEBERT ROGER 2020 A ST SE #101 AUBURN WA, 98002
9360600176 4852 AUBURN WAY N HAMMER AUTO BROKERS INC 4852 AUBURN WAY N AUBURN WA, 98002
9360600210 4841 D ST NE VAN BUREN ERIC M 4841 D ST NE AUBURN WA, 98002
9360600300 4800 D ST NE MCKEE JANICE & 4228 WALLINGFORD AVE N SEATTLE WA, 98103
9360600310 4912 D ST NE LAW EVANGELINE G 4855 D ST NE AUBURN WA, 98002
9360600310 421 49TH ST NE A LAW EVANGELINE G 4855 D ST NE AUBURN WA, 98002
9360600310 421 49TH ST NE LAW EVANGELINE G 4855 D ST NE AUBURN WA, 98002
9360600340 28032 86TH AVE S AUBURN PROPERTIES INC 120 N ROBERTSON BLVD LOS ANGELES CA, 90048
9360600350 5001 D ST NE RPG AUBURN PROPERTIES LLC 120 N ROBERTSON BLVD LOS ANGELES CA, 90048
9360600351 4921 D ST NE FRANK ALLEN+JULIE PO BOX 1325 AUBURN WA, 98071
9360600351 4912 D ST NE FRANK ALLEN+JULBE PO BOX 1325 AUBURN WA, 98071
9360600351 4901 D ST NE FRANK ALLEN+JIJLIE PO BOX 1325 AUBURN WA, 98071
9360600352 309 49TH ST NE F ESTEP DEVELOPMENT L L C 309 49TH ST NE AUBURN WA, 98002
9360600352 309 49TH ST NE ESTEP DEVELOPMENT L L C 309 49TH ST NE AUBURN WA, 98002
9360600352 309 49TH ST NE C ESTEP DEVELOPMENT L L C 309 49TH ST NE AUBURN WA, 98002
21 Affected Parcels
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CITY OF
AUBURN
WASHINGTON
AFFIDAVIT OF POSTING OF LEGAL NOTICE
BY APPLICANT
Application No.: CUP08-0001
Applicant: George Anex / Scorpion Motorsports
Location: 30949 1h Street NE Ste C, Auburn
Date of Public Hearing: October 15, 2008
certify that on lo ?? -slid erect a land use posting
board at the locn above, which included a Notice of Public Hearing for the
above referenced application, as required by Auburn City Code 1.27, 14.07.040
and 18.66.130. The board was erected at least 15 days prior to the public
hearing date noted above.
I declare under penalty of perjury of the laws of the State of Washington that the
foregoing is true and correct.
Name (please print or type) Date
Sidn ture
NOTE
This affidavit must be returned to the Planning and Community Development
Department at least one week prior to the scheduled hearing date or the hearing
may be postponed.
Zd" (0.
NNu=bWGfP"M.L-=
GAHearing Examinerl"Affidavit OF Posting - Applicant.doc
CITY OF
AUBURN
WASHINGTON
REVISED
AFFIDAVIT OF MAILING OF LEGAL NOTICE
Application No.: CUP08-0001
Applicant: George Annex / Scorpion Motorsports
Location: 309 49th Street NE, Ste C, Auburn, WA 98002
Date of Public Hearing: October 22, 2008
I certify that on October 13, 2008 1 did send a Notice of Public Hearing for the above referenced
application, as required by Auburn City Code 14.07.040 and 18.66.130, to all property owners
located within 300 feet of the affected site. Said Notice was mailed pre-paid stamped through
the United States Postal Service at least 10 days prior to the public hearing date noted above.
I declare under penalty of perjury of the laws of the State of Washington that the foregoing is
true and correct.
Carolyn E Brown, Assistant Planning Secretary
Bib"
N=bWefPAM
Page 1 of 2
Carolyn Brown
From: Legals [legals@seattletimes.com]
Sent: Thursday, October 09, 2008 11:11 AM
To: Carolyn Brown
Subject: RE: Request to Publish
Hi carolyn,
Your legal notices are scheduled to run on Friday 10/10 in the Seattle Times and Post-Intelligencer on Ad* 3967895 costing
$241.74 (PLT08-0019) and Ad# 3967906 costing $238.68 (CUP08-0001)
Thank you,
Kathy Baldwin .
Legals Account Executive
Seattle Times
representing The Post Intelligencer
Phone: 206-652-6018
Fax: 206-515-5595
Email: legals@seattletimes.com
From: Carolyn Brown [mailto:cbrown@auburnwa.gov]
Sent: Thursday, October 09, 2008 9:33 AM
To: Legals
Cc: Elizabeth Chamberlain; Chris Andersen
Subject: Request to Publish
Good morning,
Please publish the attached Notice of Public Hearing for CUP08-0001 and Notice of Public Hearing for PLT08-0019 in the legal
section of the Friday October 10, 2008 edition of the Seattle Times.
Thank you,
Carolyn Brown
Assistant Secretary Planning Department
City of Auburn
NmbcD' ofPage?
10/9/2008
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BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN
Phil Olbrechts, Hearing Examiner
RE: George R. Anex, Scorpion
Motorsports FINDINGS OF FACT, CONCLUSIONS
OF LAW AND RECOMMENDATION.
Conditional Use Permit
CUP08-0001
INTRODUCTION
The applicant has applied for a Conditional Use Permit to operate a machine shop
with associated retail space in the C3 Heavy Commercial Zoning District. The
Examiner recommends approval of the request subject to conditions.
ORAL TESTIMONY
No one appeared to testify except the applicant. In response to questions from the
Examiner, staff testified that there would be no adverse noise impacts associated with
the project. The manufacturing portions of the business have already been operating
for an extended period and there have been no complaint. As shown in the exhibits,
other businesses in the vicinity have expressed their support for the project.
EXHIBITS
See page 2 of the City of Auburn Staff Report dated October 13, 2008 for a full list
Exhibits, Nos. 1 through 8.
FINDINGS OF FACT
Procedural:
1. Applican t. George R. Anex, for Scorpion Motorsports.
2. Hearin. The Hearing Examiner conducted a hearing on the application at
5:30 p.m. at Auburn City Hall in the Council Chambers on October 22, 2008.
Substantive:
3. Site/Proposal Description. Scorpion Motorsports, a manufacturer and
distributor of motorsport parts and accessories proposes operating a machine shop, an
office, and a small area for on-site retail sales within a C3 Heavy Commercial Zoning
(PA070%61.DOC:1100083.900000/1
Number a
Conditional Use P. 1 Findings, Conclusions and Decision
District. The applicant has applied for a business license to operate Scorpion
Motorsports; manufacturing/distributing motorsports related goods and selling t-
shirts, duffle bags, and custom motorcycle parts and accessories. The status of this
permit is on hold until the outcome of the decision regarding the conditional use
permit for the site. The site of the proposed use is an existing 17,600-square-foot
multi-tenant light industrial/commercial building located on a 36,884-square-foot lot.
The proposed use would occupy an existing 4,130-square-foot commercial suite in
the building. Approximately 3,730 square feet would be used for manufacturing and
approximately 400 square feet would be used for related office and retail sales areas.
The address of the property is 309 49?h Street NE, Suite C.
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4. Characteristics of the Area. Other current tenants on the site include
Transit Pluming (plumbing contractor), and TCA, Inc. (manufacturer/distributor of
electronic cable assemblies). Surrounding development includes Auburn Detail (auto
detailing), and a real estate office on the parcel immediately east of the site; an
unoccupied and gated single-family residential property immediately to the west;
Hammer Auto Brokers; and a single-family residence to the southwest. The parcels
to the north and northwest of the site are vacant. The surrounding area is also zoned
C3, and the Comprehensive Plan for. surrounding areas is a combination of High
Density Residential and Heavy Commercial.
5. Adverse Impacts. The C3 zoning district allows a variety of commercial
uses as permitted outright while light manufacturing uses require review and approval
of a conditional use permit. The necessary structure, as well as parking, is already
present on the site, and only minimal construction will be required to carry out the
needs of the new business in the space. In addition, the use is consistent with other
commercial and business uses in the area, and will not bring any form of business that
would be inconsistent with the intentions of the C3 district. As such, this project will
not have greater effects or be more injurious than any of the other currently permitted
uses already in the zoning district.
CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearing Examiner. ACC 18.64.020(A) grants the Hearing
Examiner with the authority to review a request for a Conditional Use Permit and
make a recommendation to the City Council.
Substantive:
2. Zoning Desi ation. The property is zoned C3 - Heavy Commercial, and
the Comprehensive Plan Designation is High Density Residential and Heavy
Commercial.
{ PA0709661. DOC;1/00083.900000/ 1
Conditional Use
p. 2 Findings, Conclusions and Decision
3. Review Criteria and Application. Pursuant to Auburn City Code (ACC)
18.30.030(c), miscellaneous light manufacturing with retail sales of products
manufactured on the premises may be permitted when a Conditional Use Permit has
been issued pursuant to ACC 18.64. The criteria for a conditional use permit are
satisfied as outlined below where each criterion is in italics and the application to the
project is applied in corresponding Conclusions of Law.
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ACC 18.64.040(A): 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.
4. The C3 zoning district allows a variety of commercial uses as permitted
outright while light manufacturing uses require review and approval of a conditional
use permit. The project site contains an established commercial/light industrial
building. A traffic study was previously done for this site as part of the SEPA review
for construction of the building in 2000 and is not required for the current proposal.
The required access, parking, and internal driveway/turnaround areas are provided. A
building permit must be obtained and plans submitted to the City of Auburn Permit
Center to comply with City of Auburn building code requirements for the unpermitted
tenant improvements including a demising wall and offices that have been
constructed within the building. In addition, as conditioned, the project is not
expected to have greater effects or be more injurious than any of the other current
uses within the zoning district.
ACC 18.64.040(5): The proposal is in accordance with the goals, policies and
objectives of the Comprehensive Plan.
5. As noted in the staff report, the project is consistent with Auburn
Comprehensive Plan Policies LU-43, LU-47, LU-103 and UD-1 in that the project
includes sufficient landscaping and design features to minimize impacts on
surrounding uses and will not be more disruptive to existing uses than necessary.
Compatibility with existing uses will not create any conflicts, and the aesthetic
character of the community will be preserved. As such, the proposal is in accordance
with the goals, policies, and objectives of the Comprehensive Plan.
ACC 18.64.040(C): The proposal complies with all requirements of this title.
6. This proposal will satisfy all requirements of this title, as it will be located
within an existing facility, adequate off-street parking is already available, and no
new landscaping is necessary or required. There is nothing in the record to suggest
non-compliance with any other portions of the title.
{ PA0709661. DOC;1 /00083.900000/ }
Conditional Use p. 3 Findings, Conclusions and Decision
ACC 18.64.040(D): The proposal can be constructed and maintained so as to be
harmonious and appropriate in design, character and appearance with the existing or
intended character of the general vicinity.
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7. The proposal does not involve construction of a new building. The use is
located within an existing facility, all operations are conducted inside the building,
adequate off-street parking is already available, and no new landscaped is necessary
or required. As such, the proposed use requires no new construction; only perhaps
minor interior alterations in the future that will be subject to the building permit
process of the City. In addition, The character and appearance of the existing vicinity
will be maintained, due to no exterior modifications being made to the existing
structure.
ACC 18.64.040(E): The proposal will not adversely affect the public infrastructure.
8. The proposal has been reviewed by other city departments and the Valley
Regional Fire Authority. Based on comments received during the review process,
there is no evidence that the public infrastructure will be affected by the proposal. In
addition, the parking necessary to accommodate the business is already provided on
site and will not affect other parking in the area. There is no evidence in the Record
to suggest that other public infrastructure would be adversely affected by the project.
ACC 18.64.040(F): The proposal will not cause or create a public nuisance.
9. The proposal involves a light manufacturing/commercial use in an existing
light manufacturing/commercial multi-tenant building. Nearby and adjacent uses
include a mix of other businesses, an unoccupied and gated single family residence to
the west, and a single family residence across the street. There is no record of
Scorpion Motorsports having caused any public nuisances. Additionally, several
neighboring businesses on the subject property and the adjacent property to the east
have provided letters stating that the proposed use has not been a nuisance and is
consistent with the surrounding area (see applicant submittal, Exhibit No. 2). Given
these factors, the proposal will not cause or create a public nuisance.
DECISION
The Hearing Examiner recommends approval of CUP08-0001, subject to the
following condition:
1. The applicant shall submit plans and comply with City of Auburn
Building Code review and approval requirements for unpermitted building
improvements within 30 days of the effective date of the City Council ordinance
approving the Conditional Use Permit.
{ PA0709661. D0Q 1/00083.900000/1
Conditional Use
p. 4 Findings, Conclusions and Decision
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Dated this 31st day of October, 2008.
(PA070W I . DOC;1 /00083.900000/ 1
Conditional Use
1 Olbrechts
City of Auburn Hearing Examiner
p. 5 Findings, Conclusions and Decision