By Dennis Box-The Courier-Herald
Lowe's moved a giant step closer to beginning construction of a home improvement store and retail center in Bonney Lake last week.
The company has proposed to build on the corner of South Prairie Road and state Route 410 across from Albertsons. The 17.7 acre site has plans for a nearly 139,000-square-foot Lowe's store with a 32,000-square-foot garden center and about 75,000 additional square feet for other retail stores, parking and landscaping.
Deputy Hearing Examiner Keith D. McGoffin heard testimony at City Hall June 25 on three appeals concerning the proposed construction.
Thursday afternoon, McGoffin issued his findings and the conclusion, which was to deny all appeals. The decision opens the door for Bonney Lake Marketplace LLC or Lowe's, to move ahead with the project, although there are details to be clarified before dirt starts getting thrown around.
The first two appeals came from the Brookwater Homeowners' Association and Lowe's.
Both centered on the construction of a commercial driveway or access road off 200th Court East crossing over a residentially zoned, or R-1 lot.
The Brookwater Homeowners' Association appeal, according to the findings document, stated the driveway crossed a “plat of Brookwater and by its CCRs (covenants, conditions and restrictions) can only be used for residential and not a commercial driveway.”
The Lowe's appeal disputed the city staff's initial ruling that the driveway could not cross R-1 property.
The city essentially reversed its own ruling at the hearing. City officials reported to the hearing examiner after further research a commercial driveway could cross residential zoning. The staff said the issue is now back in the city's hands and a final decision on the driveway will come from the Planning Department.
The hearing examiner denied the Brookwater Homeowners' Association appeal by stating, “The city of Bonney Lake has allowed residential lots to be used as commercial driveways and other jurisdictions have so allowed such uses in residential areas. The legal issues of perimeters and enforcement of CCRs of the Brookwater Plat are not within the jurisdiction of the Hearing Examiner, but the courts. (It should be noted here that the Hearing Examiner is aware of residential lots with similar CCRs being used for schools, public buildings and commercial uses.)”
Cascadia, a 6,500 home development in the south Plateau region along 195th Avenue East, submitted the third appeal about the impact of traffic in the area and the actions taken by Lowe's concerning congestion.
At the hearing, Cascadia's attorney said representatives from the development company had been in contact with Lowe's and would accept their traffic plans and withdraw the appeal.
Lowe's project developer Jeff Oliphant said, “we are pleased with the hearing examiner's decision and look forward to a successful project.”
Oliphant said construction could begin within a few weeks.
The company intends to add a third left-turn lane on South Prairie Road coming up to the intersection of SR 410. This plan will allow a left turn onto South Prairie Road out of Lowe's except during peak traffic hours of 4 to 6:30 p.m. The triple turn will mean the developer must expand SR 410 from the intersection to about 192nd Avenue East.
Oliphant said his firm is waiting for approval from the state Department of Transportation.
Dennis Box can be reached at dbox@courierherald.com.
