HomeMy WebLinkAbout02-19-2020 HE Decision - 901 C ST SW b• htit,l
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9 BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN
10 Phil Olbrechts, Hearing Examiner
11 RE: Logisticenter
FINDINGS OF FACT, CONCLUSIONS
12 Conditional Use Permit OF LAW, AND DECISION
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CUP 19-0003
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INTRODUCTION
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16 The Applicant has applied for a conditional use permit to construct two warehouses
totaling 330,000 square feet at 901 C St. SW. The proposal is approved subject to
17 conditions.
18 ORAL TESTIMONY
19 Jeremy Hammar, City of Auburn Planner, summarized the staff report. Mr. Hammar
20 identified that the first page of the staff report has a typo in identifying the size of the
project as 11.72 acres. It should be 18.72 acres. In response to Examiner questions,
21 Mr. Hammar noted that the wetlands are located in the conservation easement with no
reduction in wetland buffer. Mr. Hammer clarified that any noises from the project
22 site would be addressed by the City's noise ordinance.
23 Phillip Wood, Applicant, in response to examiner questions, stated that most of the
24 Applicant's warehouses don't operate 24/7. Typically there may be noise in the early
morning when trucks are loaded. The trucks are usually gone by 2:00 pm. Forklift
25 beepers are contained within the building. Some doors are open but usually they're
closed unless a truck is backed up to it. The trucks have dock seals that they press
against so there's not a lot of sound coming from inside the warehouse. Probably the
Conditional Use p. 1 Findings, Conclusions and Decision
bigger sound is trucks backing up to the loading door. Doors might be left open late in
1 the summer to reduce interior heat. How the warehouse will be staffed depends upon
2 the type of tenant. It it's an e-commerce tenant there would be lots of employees
handling packages.
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EXHIBITS
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All seven exhibits identified at page 12 of the February 5, 202 staff report were
5 admitted into the record during the February 19, 2020 hearing. The staff PowerPoint
6 presented by staff during the hearing was admitted as Exhibit 8.
7 FINDINGS OF FACT
8 Procedural:
9 1. Applicant. Phil Wood, Dermody Properties (Contract Owner), 11900 NE
10 1St Street Suite 300, Bellevue, WA 98005.
11 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 February 19, 2020.
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Substantive:
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14 3. Site/Proposal Description. The Applicant has applied for a conditional use
permit to construct two warehouses totaling 330,000 square feet on an 18.72 project
15 site located at 901 C St. SW. While the Site is referred to as "901 C St SW", the Site
does not border the north-south aligned C St. SW. Instead, it has two access points to
16 public streets. The southeast corner of the site has a diagonal pipe stem portion of the
lot, connecting to C St. SW. Also, the northeast corner of the site borders the cul-de-
17 sac of the east-west aligned 8th St. SW, extending west from C St. SW.
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4. Characteristics of the Area. Heavy industrial (M-2) property is located to
19 the west and south; Heavy Commercial (C-3) to the east and Light Industrial (M-1) to
the north. Surrounding uses are warehouses, vacant land, railroad tracks and a
20 Logistics Facility in the C-3 zoned property.
21 5. Adverse Impacts. There are no adverse impacts associated with the project.
22 A SEPA Determination of Non-Significance (DNS) was issued on January 30, 2020.
Pertinent impacts are identified as follows:
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A. Traffic. The proposal will not create any significant traffic impacts. Access to
24 the site will be provided by driveways on 'C' St. SW and 8th St. SW (which
25 connects directly to 'C' St. SE) to meet International Fire Code (IFC)
requirements for access. C St. SW is designated a principal arterial and also a
local truck route within the City's Comprehensive Transportation Plan. 'C' St.
Conditional Use p. 2 Findings,Conclusions and Decision
SW has a direct connection to SR 18 and connects to SR 167 (via 15th Ave
SW). as well. Having the potential warehouse located on a principal arterial
2 designated road which is also part of the City's truck route assists in limiting
impacts to lesser classifications of public streets.
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Trip generation and Levels of Service (LOS) is included in the Traffic Impact
4 Analysis (TIA) (Exhibit 7) and indicates that off-site intersections included in
the study (as coordinated with the City's Senior Traffic Engineer) will continue
5 to operate at an LOS C or better. No additional traffic mitigation measures are
6 necessitated. which is in conformance with adopted level of service standards
as outlined in Table 2-5 of the transportation element of the City of Auburn
7 Comprehensive Plan. The project will not lower level of service for any
affected intersection. Proportionate share system-wide impacts will be
8 mitigated by the payment of transportation impact fees assessed during building
permit review. No additional traffic mitigation measures are necessitated.
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10 B. Aesthetics. Given landscaping requirements and the location of the project
amongst industrial and heavy commercial uses, the proposal is adequately
11 designed as conditioned to avoid aesthetic impacts. Refuse and service areas
will be located internal to the site and adequately screened with fencing and
12 vegetation, consistent with ACC 18.50.040(5)(a). Utility facility locations (e.g.
PSE) are not known at this time, however,they will be coordinated with the site
13 landscaping to ensure they are adequately screened, as conditioned. A
14 minimum 10-ft. landscape strip will be required adjacent to 15th St. SW and
perimeter landscaping around the building will help ensure the building
15 maintains visual interest and helps to soften the facades. A minimum of 10% of
the site must be landscaped, consistent with Chapter 18.50 ACC. Per ACC
16 18.57.020(C)(1)(b) any dock doors shall either not be visible from the street, or
17 an additional 10 ft. of landscaping abutting the street is required. A perspective
view drawing will be required along with future submittals to ensure this
18 requirement is met, as conditioned.
19 C. Noise, Odor, lighting. The proposal will not create any significant noise, odor
or lighting impacts.
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21 According to the staff report, the project isn't located near any noise sensitive
land uses, although there is a hotel located 315 feet from the northwest corner
22 of the site. Staff and the applicant were not able to provide direct assurance
during the hearing that noises from the warehouse would not be audible from
23 the hotel. However, as testified by the Applicant, any noise generated by the
project site would likely be limited to morning hours. There is also another
24 warehouse located a similar distance from the hotel and its activity did not
25 compel the hotel owners to present any concerns over noise impacts. Given
that the City has a noise ordinance in place to prohibit any unreasonable noise
levels, the limited scope of noise impacts, the industrial and heavy commercial
Conditional Use p. 3 Findings, Conclusions and Decision
character of the surrounding area and the lack of concern expressed by the hotel
1 owners, it is determined that the proposal will not create any significant noise
2 impacts.
3 Light impacts were not addressed in the administrative record. ACC
18.55.020A requires lighting plans for projects requiring conditional use
4 permits. Chapter 18.55 ACC includes numerous lighting requirements
designed to prevent undue light spillage on adjoining properties. To adequately
5 mitigate light impacts, a condition of approval requires the submission and
6 approval of a lighting plan for the proposal.
7 Odor impacts were also not addressed in the administrative record. Although it
is possible that a tenant such as a seafood company could store items that create
8 odors, that situation appears unlikely and, in any event, surrounding uses are
not sensitive to reasonable project odors. For this reason, it is determined that
9 the proposal will not create any significant odor impacts. However, the
10 proposal is construed as not including any significant odor generating uses.
Should such a use be proposed, the proposal shall be considered amended,
11 subject to the amendment process identified in Condition No. 1 such that any
unreasonable odors can be mitigated by staff.
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D. Compatibility. The proposal is fully compatible with its surrounding industrial
13 and heavy commercial uses and is ideally situated given its access to a truck
14 route and SR 167. Staff have compared the proposed building elevations to
other uses in the area and found them to "not be physically out of character
15 with other properties and uses in the vicinity."
16 E. Public Facilities and Services. In uncontested findings, the staff report
17 concludes that the proposal will be served by adequate public services and
facilities. Given also that transportation facilities have been found to currently
18 meet City level of service standards as determined in Finding of Fact No. 5A,
the project is found to be served by adequate public services and facilities.
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21 CONCLUSIONS OF LAW
22 Procedural:
23 1. Authority of Hearing Examiner. Both ACC 14.03.030(G) and 18.64.020(B)
grant the Hearing Examiner with the authority to review and issue final decisions on
24 conditional use permits applications.
25 Substantive:
Conditional Use p. 4 Findings, Conclusions and Decision
2. Zoning Designation. M-2, Heavy Industrial
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2 3. Review Criteria and Application. ACC Table 18.32.030 requires a
conditional use permit for warehousing and distribution uses in the M-2 zoning district.
3 The criteria for a conditional use permit are governed by ACC 18.64.040, which are
quoted below and applied through 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
5 comfort of persons living or working in the area and will be no more injurious,
6 economically or otherwise, to property or improvements in the surrounding area than
would any use generally permitted in the district. Among matters to be considered are
7 traffic flow and control, access to and circulation within the property, off-street
parking and loading, refuse and service area, utilities, screening and buffering, signs,
8 yards and other open spaces, height, bulk, and location of structures, location of
proposed open space uses, hours and manner of operation, and noise, lights, dust,
9 odor,fumes and vibration;
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4. The criterion is met. As determined in Finding of Fact No.5, there are no
11 significant adverse impacts associated with the project and it is compatible with the
property and improvements in the surrounding area. Most of the factors identified in
12 the criterion above are addressed in FOF No. 5. City staff have found the proposal as
currently detailed to be in compliance with applicable bulk and dimensional
13 requirements and final compliance will be determined during building permit review.
14 Hours of operation are not a significant consideration given the absence of any
sensitive land uses in the area. The record does not contain any information on signs,
15 but any placement of signs would require a sign permit under the ACC that assures
consistency with sign requirements and compatibility with adjoining uses.
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17 ACC 18.64.040(B): The proposal is in accordance with the goals, policies and
objectives of the Comprehensive Plan.
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5. The criterion is met. The project is consistent with applicable
19 comprehensive plan policies as discussed at page 6-9 of the staff report.
20 ACC 18.64.040(C): The proposal complies with all requirements of this title.
21 6. The criterion is met. The project is consistent with applicable zoning code
22 requirements as determined in page 10 of the staff report.
23 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
24 intended character of the general vicinity.
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Conditional Use P. 5 Findings, Conclusions and Decision
7. The criterion is met. As determined in FOF No. 5D, the project is
1 compatible with surrounding properties, which includes design, character and
2 appearance.
3 ACC 18.64.040(E): The proposal will not adversely affect the public infrastructure.
4 8. The criterion is met. As determined in Finding of Fact No. 5E, the project
is served by adequate public infrastructure.
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6 ACC 18.64.040(F): The proposal will not cause or create a public nuisance.
7 9. The criterion is met. As determined in Finding of Fact No. 5, there are no
adverse impacts associated with the project.No nuisance is anticipated.
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DECISION
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10 Based upon the application and Findings of Fact and Conclusions of Law, the
conditional use permit is approved, subject to the following conditions:
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12 1. The site plan that was formally submitted with the Conditional Use Permit
Application is hereby incorporated into the decision. Any modifications to the site
13 plan shall meet the following requirements of Chapter 18.64 ACC:
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Minor Adjustments. Minor adjustments to the site plan may be made
15 and approved by the planning director or designee. Minor adjustments are
those which may affect the precise dimensions or siting of buildings, but
16 which do not affect the basic character or arrangement of buildings
17 approved, nor the development coverage of the development or the open
space requirements. Such dimensional adjustments shall not vary more than
18 10 percent from the original.
Major Adjustments. Major adjustments are those, when determined by
19 the planning director or designee that substantially change the basic design,
coverage, open space or other requirements of the permit. When the
20 planning director or designee determines a change constitutes a major
21 adjustment, no building or other permit shall be issued for the use without
prior review and approval such adjustment.
22 The submittal requirements, and review and approval process for a
major adjustment to the site plan of an approved administrative or
23 conditional use permit shall be substantially the same as that required for
the original administrative or conditional use permit. An application for
24 major adjustment meeting the information requirements of ACC 18.64.030
25 shall be submitted. At the discretion of the planning director or designee,
the applicant may be able to resubmit or incorporate by reference some
portions of the original administrative or conditional use permit submittal as
Conditional Use p. 6 Findings, Conclusions and Decision
part of the application for major adjustment; however, the application for
1 major adjustment shall be subject to the same submittal, processing, and
2 findings of fact requirements of this chapter for administrative or
conditional use permits, as applicable.
3 2. All above ground utility facilities shall be visually screened with landscaping that
provides year-round screening from the public way, including the Interurban Trail.
4 The landscaping plans shall propose an approach that can be implemented where
above ground utility features cannot be predicted in advance.
5 3. A submittal such as a perspective-view drawing shall be submitted showing the
6 view from the right-of-way and Interurban Trail to the location of the dock doors
on the buildings. This drawing will be used to ensure the project meets ACC
7 18.57.020(C)(1)(b).
4. A lighting plan in conformance with Chapter 18.55 ACC shall be provided at the
8 time of building permit application for review and approval by City planning staff
prior to building permit issuance.
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10 Dated this 24th day of February 2020.
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12 Y'1 (lbrechts
13 City of Auburn Hearing Examiner
14 Appeal Right and Valuation Notices
15 This decision is final subject to appeal to superior court as governed by Chapter 36.70C
16 RCW. Appeals must be filed and served within 21 days of issuance of this decision as
required by RCW 36.70C.040.
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Affected property owners may request a change in valuation for property tax purposes
18 notwithstanding any program of revaluation.
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Conditional Use P. 7 Findings, Conclusions and Decision
Property Tax Page 1 of 5
Leg King County
Property Tax
Results - 1
Tax payer name: MEADOWS ON LEA HILL 601132
Tax account number: 092105910902 —
Parcel number: 0921059109
Tax account status: This account is active.
Mailing address on file:
ALLIED RESIDENTIAL
1601 E VALLEY RD STE 180
RENTON WA 98057
Billing Details —
FIRST HALF AMOUNT IF PAID OR POSTMARKED BY APRIL 30, 2020
Current Year:
Tax year Amount
2020 1st Half $47.99
2020 2nd Half $47.99
Tax Year Details
https://payment.kingcounty.gov/Home/Index?app=PropertyTaxes&Search=0921059109 2/26/2020
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