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Return Address: 03/38/2008 15:46
Auburn City Clerk KING COUNTY, WA
City of Auburn
25 West Main St.
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
Conditional Use Permit (Ordinance 6009)
Reference Number(s) of Documents assigned or released:
?Additional reference #'s on page of document
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
City of Auburn
Grantee/Assignee/Beneficiary: (Last name first)
1. Auburn Adventist Academy
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
92 PP ACT 38817995 MOBILE HOME BEG 570 FT W OF NE COR GL 6 TH S 221 FT M/L TO N BNDRY
STATE HWAY TH NWLY 316 FT TO N LN LOT 6 TH E 230 FT TO BEG
? Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number
2721059012,2721059092,2721059117
? Assessor Tax # not yet assigned
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ORDINANCE NO. 6009
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, APPROVING A
CONDITIONAL USE PERMIT FOR THE WESTERN
WASHINGTON CORPORATION OF THE SEVENTH DAY
ADVENTISTS TO ALLOW THE CONSTRUCTION OF A
BOOK/HEALTH FOOD STORE AT 5040 AUBURN WAY
SOUTH
WHEREAS, the City of Auburn received an application for a conditional
use permit to allow the construction of a 4800 sq. ft. book/health food store at the
Auburn Adventist Academy campus at 5040 Auburn Way South (City File No.
CUP06-0001); and
WHEREAS, on February 22, 2006, the Hearing Examiner conducted a
duly noticed public hearing on the matter and on February 22, 2006, issued a
decision recommending the City Council approve the conditional use permit,
subject to conditions; and
WHEREAS, it is appropriate for the City Council to give its final approval
for such action; and
WHEREAS, based on the review given this conditional use permit by the
Hearing Examiner, the City Council hereby makes and enters the following:
FINDINGS OF FACT
1. The Applicant requested approval of a CUP for the construction and
operation of a retail store, to sell books and health food items, on property
located at the intersection of 32nd Street SE and Auburn Way South in the City
of Auburn. The subject property is comprised of three tax parcels: King County
Tax Assessor Parcel Numbers 2721059012, 2721059092, and 2721059117.
Exhibit 1, Staff Report, Pages 1-2; Exhibit 3, CUP Application; King County Tax
Assessor records; Testimony of Mr. Pilcher, a copy of which Exhibit - Attachment
is on file with the Office of the City Clerk, copies of which are on file with the
Office of the City Clerk.
2. The site is currently vacant but has some trees along its frontage
with 32nd Street SE. Exhibit 1, Staff Report, Page 2; Exhibit 8, Aerial
Photograph, copies of which are on file with the Office of the City Clerk.
Ordinance No. 6009
March 29, 2006
Page 1 of 9
3. The subject property is located within the Urban Growth Area. Tax
Parcels 2721059092 and 2721059013 are zoned "I" Institutional and are
designated as Public/Quasi-Public under the City's Comprehensive Plan. Tax
Parcel 2721059092 is zoned R-1 Single Family Residential and is designated as
Single Family Residential under the City's Comprehensive Plan. Exhibit 1, Staff
Report, Page 2; Testimony of Mr. Pilcher.
4. The site is part of the Auburn Adventist Academy Plan that was
adopted by the City in 1991 as part of the Comprehensive Plan. The Academy
Plan was developed to address unique uses that would occur as part of the
Applicant's development of the property. While Academy Plan policies include
limitations on uses for the project site, namely academic or church purposes, it
allows secondary uses if such uses are related to the Applicant's mission
statement for the project site. Secondary uses are limited in area and must be
consistent/compatible with adjoining uses. The Academy Plan authorizes retail
sales and services, on a limited basis, north of Auburn Way South and south of
32nd Street SE. Exhibit 1, Staff Report, Page 3; Testimony of Mr. Pilcher.
5. The "I" Institutional zone is intended to "provide an area wherein
educational, governmental, theological, recreational, cultural, and other public
and quasi-public uses may be allowed to develop." ACC 18.44.010. The zoning
district permits retail sales and services that are owned and operated in
conjunction with an outright permitted use subject to the issuance of a CUP.
ACC 18.44.030(6)(6). Academic schools, including parochial schools and
religious institutions, are permitted outright within the zone. ACC 18.44.020(A);
ACC 18.44.020(K).
6. Design standards for the "I" Institutional zone include: minimum lot
area - 6,000 square feet; minimum lot width - 60 feet; minimum lot depth - 80
feet; minimum lot coverage - 35 percent; minimum set backs - 20 feet front, five
feet side interior, 10 feet side street, 25 feet rear; building height - 45 feet. The
Applicant's proposal is consistent with these standards. ACC 18.44.050; Exhibit
2, Site Plan, copies of which are on file with the Office of the City Clerk.
7. The R-1 single-family residential zone is intended to "create a living
environment of optimum standards for low density, single-family dwellings." ACC
18.12.010. Religious institutions are permitted within the R-1 zone subject to
approval of a CUP. ACC 18.12.030(D).
8. Under the City's Comprehensive Plan, the designation of Public or
Quasi-Public is given to uses or land owned/operated by governmental agencies
or uses that serve public or general community needs of a non-business or non-
profit character but are not conducted by governmental agencies. Quasi-Public
Ordinance No. 6009
March 29, 2006
Page 2 of 9
uses include religious uses. The land use designation of Single Family permits,
on a conditional basis, uses that serve or support residential development, such
as churches, if they are designed in a manner which enhances the area. Auburn
Comprehensive Plan, Chapter 14, Comprehensive Land Map; Appendix A.
9. Surrounding properties are primarily owned by the Applicant and
zoned for institutional and single-family residential development. Property to the
South and West is zoned R-1 Single Family Residential and is undeveloped
(South) or being utilized by the City as a water tower site (West). Property to the
North and East is zoned "I" Institutional and have been developed by the
Applicant for use as an academy campus (North) and a church (East). Exhibit 1,
Staff Report, Page 2; Exhibit 3, CUP Application; Exhibit 8, Aerial Photograph,
copies of which are on file with the Office of the City Clerk.
10. The Applicant seeks to construct and operate a 4,800 square foot,
single-story retail structure. This structure would replace a bookstore that the
Applicant is operating at another location on the Academy's campus. The
exterior of the structure would include materials similar to those of neighboring
structures such as brick wainscot, stucco, and metal roofing. The location of the
retail structure itself would be on Parcel 2721059012. Exhibit 1, Staff Report,
Page 3; Exhibit 2, Site Plan; Exhibit 3, CUP Application.
11. Off-street parking requirements for various general commercial
uses are addressed in ACC Chapter 18.52. The Applicant has proposed a retail
store providing two products - books and health food. In Auburn, food retail
stores and markets require one parking space for each 200 square feet of gross
floor area, or 24 parking spaces for a 4,800 square foot store. ACC
18.52.020(6)(3). Book stores are not listed in ACC 18.52.020 but determining
parking standards for the proposed use under "other commercial uses," one
parking stall per 500 square feet of gross floor area would be required, or ten
parking spaces for the proposed store. ACC 18.52.020(6)(17). The Applicant
has proposed 30 parking stalls that would serve both the retail store and the
adjacent church. Applicant's proposal would satisfy the off-street parking
requirements of the zoning district. Exhibit 1, Staff Report, Page 3; Exhibit 2, Site
plan.
12. The proposed stormwater drainage pond and some parking would
encroach into Parcel 2721059092 (R-1 zone). The City's Planning Director has
the authority to authorize parking for a use to be located in a different zone. ACC
18.52.070(F). City Planning Director Paul Krauss reviewed the proposal and
determined that the encroachment would be minor and that locating the parking
as the Applicant has proposed would allow for efficient vehicular circulation.
Ordinance No. 6009
March 29, 2006
Page 3 of 9
Exhibit 1, Staff Report, Page 4; Exhibit 2, Site Plan; Exhibit 9, Memo from
Krauss, copies of which are on file with the Office of the City Clerk.
13. Standards for the "I" Institutional district require that a five-foot Type
III landscape strip be provided along all street frontages. ACC 18.50.050(D)(1).
The City noted that several large deciduous and one cedar tree are located on
the site. ACC 18.50.060(L) requires that all "Significant Trees" be retained and
made part of the landscape plan. The Applicant's representative stated that they
would attempt to keep trees but some are not healthy and should be removed.
City Staff stated that the ACC defines "significant trees" as healthy trees and that
removal of unhealthy trees is permitted. ACC 18.50.030(D); Exhibit 1, Staff
Report, Page 3; Exhibit 2, Site Plan; Testimony of Mr. Dormier; Testimony of Mr.
Pilcher, copies of which Exhibits are on file with the Office of the City Clerk.
14. The Applicant has not proposed signage at this time. ACC
18.56.030(C) regulates signage in the "I" Institutional district. All signs must
comply with the sign requirements of the district. Exhibit 1, Staff Report, Page 5,
a copy of which Exhibit is on file with the Office of the City Clerk.
15. Access to the site would be via 32nd Street SE, a residential
collector. There are currently two driveways which provide access from 32nd
Street SE to the parking area for the adjacent church. The Applicant proposed to
construct a third driveway west of the existing driveways and connect the retail
store's parking area to the church's parking area and driveways via an access
road that currently runs behind the church on the south. This connection would
create a looping parking system that would facilitate circulation. A deviation
request issued by the City Engineer is required to allow for a third driveway to
serve Parcel 2721059012. Exhibit 1, Staff Report, Pages 3-4; Exhibit 2, Site
Plan; Exhibit 9, Memo from Krauss, copies of which Exhibits are on file with the
Office of the City Clerk.
16. Because the intersection of Auburn Way South, a principal arterial,
and 32nd Street SE is an unsignalized intersection, the City's Transportation
Department noted that the proposed location of the driveway may create turning
movement conflicts. City Staff recommended that the Applicant re-design the
existing driveway to the east of the project site so that it aligns with the private
roadway that serve's the Applicant's academy to the north of 32nd Street SE. In
the alternative, City Staff recommended that the Applicant restrict the proposed
driveway to a right-in/right-out only configuration by installing a "C" curb. The
Applicant's representative stated that limiting access would impact delivery trucks
attempting to turn into the retail site. The Applicant's representative also stated
that they did not want to combine the retail store's driveway with the church's
driveway to the east. City Staff stated that they would need to measure the site
Ordinance No. 6009
March 29, 2006
Page 4 of 9
for truck access and that it may be possible to adjust the turning control features.
Exhibit 1, Staff Report, Pages 3-4, 5; Testimony of Mr. Dormier; Testimony of
Mr. Welsh, copies of which are on file with the Office of the City Clerk.
17. The City recommended that the Applicant dedicate an 11-foot right-
of-way for future road widening at the subject property's border with Auburn Way
South. The City also recommended that the Applicant construct street frontage
improvements along Auburn Way South. The Applicant's representative stated
that numerous improvements have been proposed in the future for Auburn Way
South and that any improvements would be "orphaned" improvements. City Staff
concurred with this statement and recommended that the Applicant enter into a
Street Improvement Delay Agreement, a non-protest agreement under which the
Applicant would agree to pay for frontage improvements when such
improvements have been determined, with the City. Exhibit 1, Staff Report, page
5; Exhibit 2, Site Plan; Testimony of Mr. Dormier; Testimony of Mr. Welsh;
Testimony of Mr. Pilcher.
18. The City has determined that due to the small size of the retail
structure, the proposal falls below the threshold for environmental review under
Washington's State Environmental Policy Act (SEPA), RCW 43.21C. Exhibit 1,
Staff Report, Page 3; WAC 197-11-800.
19. The City provided reasonable notice of the February 22, 2006
public hearing. Notice was posted on-site on February 8, 2006; was mailed to all
property owners within 300 feet of the affected site on February 10, 2006; and
was published in the King County Journal on February 10, 2006. Exhibits 4, 5,
6, and 7- Notice, copies of which are on file with the Office of the City Clerk.
CONCLUSIONS OF LAW
Jurisdiction
The Hearings Examiner is granted jurisdiction to hear and make a
recommendation to the Auburn City Council on an application for a Conditional
Use Permit pursuant to ACC 18.64.020(A) and 18.66, and RCW 35.63.130. The
Hearing Examiner is also granted authority to place conditions on the conditional
use permit pursuant to ACC 18.64.050.
Criteria for Review
Auburn City Code 18.64.040 provides criteria for review for CUP
applications. A CUP application shall only be approved if the Applicant can
demonstrate that:
Ordinance No. 6009
March 29, 2006
Page 5 of 9
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 are
than would any use generally permitted in the district.
2. The proposal is in accordance with the goals, policies, and
objectives of the Comprehensive Plan.
3. The proposal complies with all requirements of ACC Title 18.
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.
5. The proposal will not adversely affect the public infrastructure.
6. The proposal will not cause or create a public nuisance.
Conclusions Based on Findings
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 incurious,
economically or otherwise, to property or improvements in the surrounding are
than would any use generally permitted in the district. The Applicant has
proposed to replace an existing retail bookstore with a retail book/health food
store. The new retail store is located on a more accessible and visible area of
the Applicant's Academy site. Surrounding land is generally comprised of
property owned and operated by the Applicant as part of their Auburn Adventist
Academy. Church members and Academy students would be the primary
customer base for the retail store. Findings of Fact Nos. 1, 3, 4, 9, 10, 11, 13,
15, 16, 17, and 18.
2. The proposal is in accordance with the goals, policies, and
objectives of the Comprehensive Plan. The proposed use is permitted within the
Auburn Adventist Academy Special Area Plan, which has been adopted as part
of the City's Comprehensive Plan. The goals and policies of the Academy Plan
are supported by the proposal. Findings of Fact Nos. 3, 4, and 8.
3. The proposal complies with all requirements of ACC Title 18.
Required lot size, width, setbacks, landscaping, signage, and parking are being
provided. A deviation request is required if a third driveway is needed. The
Planning Director has approved a parking variation. Findings of Fact Nos. 3, 5,
6, 7, 10, 11, 12, 13, 14, and 19.
Ordinance No. 6009
March 29, 2006
Page 6 of 9
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 Applicant has designed
the proposed retail store with materials that are compatible with the adjacent
structures. Landscaping will be required that would further enhance the site.
Findings of Fact Nos. 10 and 13.
5. The proposal will not adversely affect the public infrastructure.
There will be no traffic impacts and no adverse effect on infrastructure.
Conditions of approval will provide for control of access to the site, for dedication
of a right-of-way for future road widening, and for frontage improvements for
Auburn Way South. Findings of Fact Nos. 11, 15, 16, and 17.
6. The proposal will not cause or create a public nuisance. No
concerns were presented at hearing or through the exhibits that approval would
cause or create a public nuisance.
NOW THEREFORE, BASED ON THE FOREGOING FINDINGS OF FACT
AND CONCLUSIONS, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
1. Approval - Conditions. The requested conditional use permit (Case
File No. CUP06-0001) to authorize the construction of a book/health food store
at the Auburn Adventist Academy campus, is hereby approved, subject to
conditions:
Based upon the preceding Findings and Conclusions, and the Hearing
Examiner recommendation that the Auburn City Council APPROVE the
Applicant's request for a Conditional Use Permit to construct and operate a retail
sales and service building on property located at the intersection of 32nd Street
SE and Auburn Way South, the approval is subject to the following conditions:
1. The Applicant and the City of Auburn must enter in an agreement
for the location of the proposed driveway and/or the restriction on turning
movements into the proposed facility from 32nd Street SE. If the Applicant
constructs a third driveway, a deviation request must be obtained from the City
Engineer.
2. The Applicant shall dedicate 11 feet of right-of-way along Auburn
Way South (State Route 164) for future road widening.
3. The Applicant shall enter into a Street Improvement Delay
Agreement with the City of Auburn for the necessary street frontage
improvements along Auburn Way South.
Ordinance No. 6009
March 29, 2006
Page 7 of 9
4. Five-foot wide landscape strips along 32nd Street SE and Auburn
Way South shall be augmented with a variety of drought-resistant shrubs as
depicted on Applicant's landscape plan.
5. Per ACC 18.50.030(E), the final landscape plan shall identify all
"Significant Trees". The Applicant shall preserve all trees located within the
portions of the subject property not proposed for development.
6. SEVERABILITY. The provisions of this Ordinance are declared to
be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, 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.
7. IMPLEMENTATION. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions
of this legislation.
8. 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.
ATTEST:
APR - 3 nffi
INTRODUCED:
PASSED: APR - M
APPROVED: APR - ,2
CITY AUBURN
PETER B. LEWIS
MAYOR
Danielle E. Daskam,
City Clerk
Ordinance No. 6009
March 29, 2006
Page 8 of 9
APPROVED AS-TO FORM:
City Attorney
Publication: Y 1 -z cz(,
Ordinance No. 6009
March 29, 2006
Page 9 of 9