HomeMy WebLinkAbout6202FILED BY PNWT
Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
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09 115,2008 W54,00
PIERCE COUNTY, A INGTON
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein): CD
Conditional Use Permit (Ordinance No. 6202)) MFD BY PNWT
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)
Auburn, City of
Grantee/Assignee/Beneficiary: (Last name first)
1. Valley Regional Fire Authority
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
Section 5 Township 20 Range r, Quarter 14
® Additional legal is on page /J of document.
4ssessor's Property Tax Parcel/Account Number
)520051032
] Assessor Tax # not yet assigned
Said Cacurn"t1s) were filed
for record by Pacific Northwest Title as
aCCOmmodation only. N has not been
exammed as to proper exeCution or
as to 4s effect upon tiNe_
459
ORDINANCE NO. 6202
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING A CONDITIONAL
USE PERMIT TO ALLOW CONSTRUCTION OF A NEW 11,615
SQUARE FEET, SIX BAY FIRE STATION WITH ASSOCIATED
PARKING, MANEUVERING, AND OTHER SITE
IMPROVEMENTS
WHEREAS, Application No. CUP08-0002, received February 21, 2008,
was submitted to the City of Auburn, Washington, by Paul Berry on behalf of
the Valley Regional Fire Authority, for approval of a Conditional Use Permit to
allow construction of a new 11,615 square feet fire station under the first
phase and an estimated 21,000 square feet emergency operations center as
part of a future phase on approximately five (5) acres within the Lakeland Hills
South Special Plan Area-PUD; and
WHEREAS, the site is located at 500 182nd Ave E; and is identified by
Pierce County Tax Parcel #0520051032; and
WHEREAS, on July 30, 2008, the Hearing Examiner conducted a duly
noticed public hearing on the matter and on August 11, 2008, issued a
decision recommending the City Council approve the Conditional Use Permit,
with eight (8) conditions based on the following Findings of Fact and
Conclusions, to-wit:
Ordinance No. 6202
August 27, 2008
Page 1 of 12
FINDINGS OF FACT
Procedural:
Applicant.
Paul Berry with Harris & Associates is the applicant on behalf of the Valley
Regional Fire Authority (VRFA).
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 July 30, 2008.
Substantive:
3. Proposal/Site Description.
The applicant proposes to build a new 11,615 square foot, six bay fire station
with associated parking, maneuvering, staff dormitories, locker rooms, kitchen,
dining and dayroom, offices, exercise room, storage, and other site
improvements on approximately five acres. The project consists of two
phases; phase I includes the construction of the new fire station and associated
site improvements and phase II includes the construction of a new 21,000
Square foot Emergency Operations Center/office building. The area is zoned
Planned Unit Development District, and pursuant to Auburn City Code, fire
stations may be permitted within the PUD district when a conditional use permit
has been issued. The site is currently vacant and consists of a moderate to
mature forest. The property is at the southwest corner of the intersection of
Fourth Street E. and 182nd Avenue E. The station would be accessed off of
182nd Ave. E. The subject property consists of a moderate to mature forest,
many of them will be removed for the new station construction, but the
applicant indicates that existing vegetation will be preserved to the maximum
extent possible. In addition, new landscaping will be provided around the new
building to soften and beautify the area. Code required landscaping will be
required along the street frontage and internal to the parking lots, in order to
assist in providing some replacement for vegetation that is removed. The lot
also contains two wetland areas (A & B); one requiring a minimum 50-foot
buffer, and the other a minimum 25-foot buffer. The proposed development
does not include grading or disturbance to any onsite wetlands or their buffers.
Stormwater is proposed to be addressed by a combination detention and water
quality pond to detain stormwater from the developed site, which will be
Ordinance No. 6202
August 27, 2008
Page 2 of 12
released via a level spreader upstream of the Wetland B buffer to eventually
flow into the wetland.
4. Characteristics of the Area.
The property is bordered by unincorporated Pierce County on the north and
east. Surrounding development within the general vicinity of the subject site to
the south and west can be characterized as land transitioning from rural to
urban development. The properties adjacent to the subject site, particularly
along the north and east edge, are large lot, low density, single-family
residences interspersed with larger underdeveloped or un-platted parcels.
Located to the west is the balance of the open space/future park site. Property
to the south can be generally characterized as rapidly developing to urban
densities, which are associated with the Lakeland Hills South PUD. Property
directly to the north is developed with a small commercial office.
5. Adverse Impacts.
The testimony and letters received regarding the project raised several issues,
which will be addressed individually below:
A. Wetlands.
Concerns were raised by neighbors that the property was being
developed in wetland areas. Two separate wetland areas were
identified by staff and the applicant west of the project area and the
boundaries adjacent to the project area were delineated. Wetland A is
defined as a Category II wetland, which requires a minimum 50-foot
buffer. Wetland B is defined as a Category III wetland, which requires a
minimum 25-foot buffer. The proposed development of the fire station
does not include grading or disturbance to any onsite wetlands or their
buffer areas. The preliminary stormwater drainage report and analysis
proposes a plan in which stormwater ill be released upstream of the
Wetland B buffer, to eventually flow into the wetland. Capacity analysis
for the proposed conveyance system will be reviewed with the final
engineering designs at the civil construction permit stage. In addition, a
Mitigated Determination of Non-Significance, with three conditions, was
issued June 18, 2008 for this proposal. (Exhibit #8) The Examiner
finds that the project adequately addresses stormwater drainage and
wetland management and that this project will not adversely affect
either of the wetlands on the property.
B. Noise.
Ordinance No. 6202
August 27, 2008
Page 3 of 12
Several comments were received concerning the prospect of the
increase in noise within the neighborhood due to sirens of emergency
vehicles. As mentioned by the applicant, however, the station will
include an emergency traffic signal which minimized the necessity for
the use of sirens exiting the site, and that will mitigate the potential for
traffic congestion in the area. Further, the applicant states that
emergency sirens and lights are not utilized routinely without cause;
their essential purpose is to increase the safety of the public and the
responders by insuring they are seen or heard. Generally, emergency
vehicles will exit the site at the signal which stops traffic on 182" Ave.
E. Emergency vehicles will activate their sirens as needed once fully
out onto the roadway and at a distance from the station to alert those on
the street of their presence. Adjoining residential uses are buffered by
the open space to the west, large lot residential developments to the
north and east and the office building to the south. Given these factors,
the noise impacts of the project are adequately addressed.
C. Traffic.
Concerns were raised about traffic generation. It should be noted that
since both phases of the project are under consideration, the traffic
generated by the office and community center must be addressed. The
Examiner asked for staff input on these traffic impacts and was advised
that the roads were adequate for the traffic generated by both phases of
development. Staff also pointed out that most traffic impacts would
occur in Pierce County and that Pierce County determined that no
further traffic improvements were necessary beyond those
recommended by staff. The applicant had prepared traffic studies that
concluded no additional mitigation was necessary, although there was
conflicting testimony on whether the traffic studies included school
traffic. Finding of Fact No. 11 of the MDNS provides that "due to
existing and planned low traffic volumes of 182nd Ave. E., the project
does not necessitate the dedication of additional right of way or
construction of roadway improvements...".
The applicant's traffic studies were not submitted into the record. This
was apparently because most traffic impacts would be outside the City.
This does not, by itself, justify the exclusion of this information. The City
is allowed to consider and mitigate traffic impacts outside its jurisdiction
through SEPA. See SAVE v. Bothell, 89 Wn.2d 862 (1978). SEPA
encourages and to a certain extent requires informed environmental
decision making and provides substantive authority to mitigate
environmental impacts. Inclusion of the traffic studies in the record
would have been useful in this regard, but given the expertise of staff
Ordinance No. 6202
August 27, 2008
Page 4 of 12
and the applicant's traffic engineers, the Examiner still finds the
conclusions of staff the most compelling. Traffic impacts are adequately
addressed by the project as mitigated.
Related to traffic, there were also comments that the entrance to the fire
station should be located on the south side of the property. The
applicant adequately demonstrated that the shape of the lot and
adjoining wetlands did not make a south entrance feasible. Further,
there was no evidence presented that a south entrance would have less
impact than a north entrance.
D. Fuel Tank.
Concerns were raised about the location of an above-ground fuel tank.
The tank will be located outside wetland buffers and will be regulated by
the building codes. Given these factors the Examiner finds that the tank
will not create any significant adverse impacts.
E. Light and Glare.
Associated with the development of the proposed fire station, there will
be new lighting installed for the parking lot and the building. Such
lighting shall be required to minimize the exposure of neighboring
properties to excessive levels of light and glare. Performance
measures for light and glare exposure to surrounding development shall
be included as a condition of approval for this proposal.
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.
2. Relevancy of Location of Fire Station. There was a significant amount of
testimony about the wisdom of the proposed location of the fire hall. Many people
believed that the fire hall should be located at another site. The purpose of a
conditional use permit is to ensure that the impacts of a proposed development are
adequately mitigated and that the development is compatible with surrounding uses.
The criteria for conditional use review are clearly designed for this purpose.
Conditional use review is not the place for assessing the utility of a proposed use at
a particular location. That is a policy choice left to the discretion of the fire
Ordinance No. 6202
August 27, 2008
Page 5 of 12
commissioners as well as the City Council if the City has any ownership interest in
lands used for the fire station.
Substantive:
3. Zoning Designation. The property is zoned Planned Unit Development District
- Lakeland Hills South (PUD).
4. Review Criteria and Application. Municipal services, such as fire, are permitted
throughout the PUD, pursuant to approval of a conditional use permit. See ACC
18.76.040(C)(6). 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. See ACC 18.64.
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.
5. As noted in the Findings of Fact, it is not anticipated that the development of the
fire station will cause any significant adverse effects to persons, property or
improvements in the surrounding area. The most significant impact is probably the
noise of the sirens. However, as discussed in the findings of fact the noise is will not
be very frequent or even close to the fire station area. As mitigated, the use is no
more injurious to properties in the area than those allowed by the zoning designation
for the site.
ACC 18.64.040(6): The proposal is in accordance with the goals, policies and
objectives of the Comprehensive Plan.
6. As noted in the staff report, the project is consistent with Auburn Comprehensive
Plan Policies CF-57 and CF-60 in that fire safety and access shall have a very high
priority under the plan, and that the public building site should be in accord with the
service function and the needs of the members of the public served by the facility.
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.
7. The site is zoned Lakeland Hills South Planned Unit Development (PUD) per the
Auburn City Code. Pursuant to ACC 18.76.040.C.6.b, fire stations are conditionally
permitted uses throughout the PUD. The size of the property is sufficient to allow the
proposed fire station to operate effectively. Adequate landscaping, parking,
maneuvering, and stacking space can be provided. The proposed building will be
---------------------------
Ordinance No. 6202
August 27, 2008
Page 6 of 12
required to meet City construction standards including international building and fire
code requirements. The proposal meets required property setbacks and the
minimum lot area as required by the zone. The proposal complies or is capable of
complying with the Zoning Ordinance requirements. Building permits are required for
the construction of the building and will address the project's consistency with
Building and Fire code requirements and city standards. There is nothing within the
record to suggest noncompliance with any other requirements of the City's Zoning
Code. As such, the proposal complies with all requirements 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.
8. Development of the property will involve construction of the new fire station, in
two phases and associated site improvements. The neighborhood already consists
of a mix of single family residential development, on various lot sizes and some
limited commercial development. With the recommended conditions relevant to
landscaping, and tree preservation the proposed fire station will not alter the
character of the site in ways that would be inconsistent or inappropriate with the
existing character of the uses in the immediate vicinity. The proposed fire station is
not anticipated to be visually obtrusive. The elevation drawings accompanying the
application show that the station design incorporates elements of typical residential
design including siding, window treatments, and dormers. The building design will
also incorporate a variety of building materials and colors, wall and roof modulations,
and specific treatments to provide a pleasing appearance and limit blank walls.
ACC 18.64.040(E): The proposal will not adversely affect the public infrastructure.
9. The proposal has been reviewed by city departments including Public Works, and
Pierce County. There is no evidence that the public infrastructure will be negatively
impacted by the proposal, and permits will be required to ensure relevant design and
construction standards are met. The development of the station will necessitate the
provision of water and sewer services to the project site. The City of Bonney Lake
provides water to the area. Sewer service is not available to the site, and as such an
on-site septic disposal system is proposed to be constructed on-site west of the
buildings and parking areas. As noted in the Findings of Fact, the project, as
conditioned, is adequately served by traffic infrastructure. 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.
Ordinance No. 6202
August 27, 2008
Page 7 of 12
10. As noted in the Findings of Fact and the Conclusions of Law, the project will not
create any significant adverse impacts and is compatible with surrounding uses. For
these reasons it does not constitute a public nuisance.
RECOMMENDATION
Based on the application and Findings of Fact and Conclusions of Law, the Hearing
Examiner recommends approval of CUP08-0002, subject to the following conditions
of approval:
1. All trash and/or garbage collection and storage areas must be screened from
view from adjacent streets and properties using a 100 percent sight obscuring
fence or wall a minimum of 6-feet high, with appropriate landscaping around
the perimeter. Written documentation approving the location of all proposed
trash and recycling areas by the local service provider shall be provided.
2. Prior to the issuance of building permits, the applicant shall prepare a lighting
plan for review and approval by the city engineer and planning director that
demonstrates the proposed parking lot lighting shall sufficiently illuminate the
fire station driveways entering 182d Ave E for safety. Then, the installation of
the lighting shall be required to be installed the satisfaction of the City Engineer
prior to the issuance of an occupancy permit. The plan shall also demonstrate
that lighting will be shielded or directed to avoid spillage and adverse impacts
to natural areas including adjacent wetlands and buffers.
3. A parking analysis shall be provided in accordance with Chapter 18.52 ACC
with the building permit application for development of the fire station.
4. A landscape plan prepared in accordance with Chapter 18.50 ACC shall be
submitted with the building permit application.
5. The applicant shall provide a tree preservation plan which indicates the size,
species, location and condition of all significant trees and clumps of non-
significant trees within the limits of the proposed fire station development and
showing those proposed to be removed. No clearing, grading, or other site
disturbance activities shall occur prior to approval of the tree preservation plan
by the Department of Planning, Building, & Community.
6. The applicant shall comply with any conditions of the Pierce County Health
Department relating to the septic system design for the new fire station.
7. The applicant shall comply with any conditions of the Pierce County Public
Works Transportation Division relating to the driveway location, street system
Ordinance No. 6202
August 27, 2008
Page 8 of 12
improvements, and installation of the emergency vehicle signal for the new fire
station.
8. The applicant shall implement the conditions of the Mitigated Determination of
Non-Significance (File No. SEP08-0006)
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 construction of a new 11,615 square feet fire station and
estimated 21,000 square feet Emergency Operations Center on
approximately five (5) acres within the Lakeland Hills South Special Plan Area
- PUD is hereby APPROVED based upon the Hearing Examiner's Findings of
Fact, Conclusions and Recommendation for the property located at 500 182nd
Avenue E (Pierce County Parcel #0520051032) 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, 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.
Ordinance No. 6202
August 27, 2008
Page 9of12
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.*--_ SEP - 2 2008
)EF 22 29W
PASSED: /
--
.;
A P ,--4 - 2008
PETER B. LEWIS
MAYOR
Ordinance No. 6202
August 27, 2008
Page 10 of 12
ATTEST:
Da Ile E. Daskam,
City Clerk
APPROVED AS TO FORM:
R, ? I - )??,
- ? ±?? Daniel B. Heid
City Attorney
PUBLISHED: ?- ? CJ/-
Ordinance No. 6202
August 27, 2008
Page 11 of 12
EXHIBIT A
LEGAL DESCRIPTION
Pierce County Assessors Tax Parcel No. 0520051032
Section 05 Township 20 Range 05 Quarter 14: NE OF SW OF NE ALSO NE OF SE
OF SW OF NE ALSO NW OF SW OF SE OF NE ALSO N 1/2 OF SE OF NE EXC E
30 FT THEREOF FOR 182ND AVE E EASE OF RECORD OUT OF 1-008 SEG M-
0603 SP EMS
Ordinance No. 6202
August 27, 2008
Page 12 of 12