HomeMy WebLinkAbout044 - Special Use Permit and AF_SR Compliance Memo6814 GREENWOOD AVE N T 206.522.9510
SEATTLE, WA 98103 WWW.PACLAND.COM
March 2026
Section 38.740.100.B – Special Use Permit.
A. A special use permit is reviewed in conjunction with another development process such as a site
plan. The person applying for a special use permit must fill out and submit to the community
development department the appropriate form with the required fee at the same time as the
other permit. The request for a special use permit must follow the procedures and application
requirements of this division.
Response: The special use permit application was submitted concurrently with the submittal for
the Site Plan Permit review.
B. The review authority, in approving a special use permit, must review the application against the
review requirements of 38.740.090.
Response: The proposed site design has been determined based on the requirements of the
referenced section and the needs and function of the site.
C. In addition to the review criteria of 38.740.090, the review authority must, in approving a
special use permit, determine favorably as follows:
1. That the site for the proposed use is adequate in size and topography to accommodate
such use, and all setbacks, spaces, walls and fences, parking, loading and landscaping
are adequate to properly relate such use with the land and uses in the vicinity;
2. That the proposed use will have no material adverse effect upon the abutting property.
Persons objecting to the recommendations of review bodies carry the burden of proof;
3. That any additional conditions stated in the approval are deemed necessary to protect
the public health, safety and general welfare. Such conditions may include, but are not
limited to:
a. Special setbacks, screening, and buffers;
b. Special fences, solid fences, and walls;
c. Regulation of noise, vibrations, lighting, and odors;
d. Regulation of hours for certain activities;
e. Time period within which the proposed use must be developed;
f. Location of use;
g. Other such conditions as will make possible the development of the city in an
orderly and efficient manner consistent with the requirements of and
38.100.070.
Response: It is understood that the project is subject to further review criteria and potentially can
be required to adhere to additional conditions as determined by the reviewing authority.
Information required by the reviewer has been identified on the plans and can be provided where
not provided. Per points 1 and 2 it is expected that the information provided on the plans should
demonstrate compliance.
6814 GREENWOOD AVE N T 206.522.9510
SEATTLE, WA 98103 WWW.PACLAND.COM
D. In addition to all other conditions, the following general requirements apply to every special use
permit granted:
1. The right to a special use permit is contingent upon the fulfillment of all special
conditions imposed through the special use permit procedure; and
2. All of the conditions constitute restrictions running with the land use, apply and must be
adhered to by the owner of the land, successors or assigns, are binding upon the owner
of the land, their successors or assigns, must be consented to in writing, and must be
recorded as such with the county clerk and recorder's office by the property owner prior
to the issuance of any building permits, final plan approval or commencement of the
special use.
Response: It is expected that the submittals have been per the applicable codes discussed in the
Concept Review with the city. In addition, special use conditions have been met to the best of the
design feasibility given the site and the use constraints. It is understood that the conditions
established by the Special Use codes would apply to the owner of the land, successors or assigns,
are binding upon the owner of the land, their successors or assigns, must be consented to in
writing, and must be recorded as such with the county clerk and recorder's office by the property
owner. It is understood that this is also required to obtain the building permit.
E. Applications for special use permits may be approved, conditionally approved or denied by the
review authority. If an application is denied, the denial constitutes a determination that the
applicant has not shown that the conditions required for approval do exist. If the special use
permit has been approved, the permit will be issued upon the signature of the review authority
after completion of all conditions and final plan. The decision must be issued in writing.
Response: This section is understood. The submittal will attempt to best provide information
showing that the site and its proposed design will closely adhere the required criteria.
Section 38.530.040.B General Retail Uses – Automotive fuel sales/repair.
1. Gas pump and pump island canopies must be located not closer than 10 feet to any side
or rear property line. Design of the canopy must architecturally match the design of the
main building. All lighting must meet the lighting standards of 38.560. The maximum
height of the canopy must not exceed 18 feet. All signs must conform to the sign
regulations of 38.550;
Response: There are no gas pump or pump island canopies proposed for this project.
2. All on-site activities, except those normally performed at the fuel pumps, must be
performed within a completely enclosed building;
Response: There are no proposed outdoor services.
3. Where towing service is to be provided, a parking bay for the towing vehicle must be
provided. Vehicles that are either under repair or vehicles that have been repaired may
be stored on a temporary basis, not to exceed seven days, and designated parking bays
6814 GREENWOOD AVE N T 206.522.9510
SEATTLE, WA 98103 WWW.PACLAND.COM
must be provided for each vehicle awaiting repairs. Vehicle storage areas are subject to
the same screening requirements as parking lots;
Response: There are no towing services proposed with the development of this site.
Vehicles are expected to be collected and removed from the site at the completion of the
service therefore there would be minimal need for storage and unexpected storage .
4. All structures approved under these standards must be of a design character that is
appropriate to the area in which they are to be constructed. Color renderings of
buildings must accompany each application and construction must be in conformity
thereto. Architectural detailing must be consistent on all four sides of the building;
Response: The architectural details have been shown to comply with the required
architectural standards.
5. Parking space for each service stall in the station must be provided. Pump islands must
not be considered as service bays. Standing areas at pump islands and interior
circulation areas must not be used as parking areas in calculating required parking
spaces;
Response: There are no proposed pumps on the site. Each service bay has a provided
parking stall in the parking count. Parking count and breakdown is shown on sheet C-1.0.
6. No outside storage of, and no sale, lease or rental of trailers, trucks or similar
equipment is permitted except as may be specifically allowed in that zone;
Response: There is no expectation of outdoor storage or sales operations.
7. Automotive repair facilities.
a. All repairs or painting must be performed within a building;
b. No site plan will be approved which exposes unassembled vehicles, auto
repair activities or auto parts to any street or residential district;
c. Any facility must be designed to contain and minimize noise and odors; and
d. All facilities must have a water quality facility (oil/water separator) as part of
the water quality design for stormwater runoff, and must conform to
38.410.080.
Response: No repairs are proposed to be performed outside of the building. There are no
residential uses adjacent to the site that would be able to see any onsite activity. All
noise and odor related activities are proposed to be contained indoors. The water
collected indoors will be treated through an oil water facility. Detail is shown on sheet C-
5.0