HomeMy WebLinkAboutThai D Garden ACUP 20260401_PJ26-0135_ACUPDecision - signed i
Community and Economic Development
Planning Division
18204 59th Avenue NE,Arlington,WA 98223
ADMINISTRATIVE CONDITIONAL USE PERMIT
MOBILE SALES AND DELIVERY
STAFF REPORT AND PERMIT DECISION
GENERAL INFORMATION
File Number: PJ26-0135
Project Title: Thai D Garden
Owner/Applicant: Sami Said
Contact: Doua Lor
Description: Mobile Flower Truck
Location: 33161 172nd St NE,Arlington,WA 98223
Zoning Classification: Highway Commercial
Land Use Designation: Highway Commercial
Proposed Use Classification: Mobile Sales and Delivery
City Approvals Required: Administrative Conditional Use Permit
Date of Decision: April 1, 2026
Decision: APPROVED,with Conditions
Administrative Conditional Use Permit-Site Plan Review
Thai D Garden PJ26-0135
I. NATURE OF APPLICATION
A. Request
The applicant is proposing to operate a temporary stand for flower sales. The stand will operate
between the hours of 6:00am - 6:00pm Thursday through Sunday. Parking is located on site for the
primary use.The stand is located near the public sidewalk for safe pedestrian access to the stand.
B. Project Chronology/Background
A formal Administrative Conditional Use Permit application was submitted to the Community&
Economic Development Department and routed to the appropriate review staff on March 6, 2026.
Resubmittal was received on March 26, 2026 and routed to appropriate review staff.
C. Site Location/Description
The property is
located at
3316 172nd St NE
172nd St NE
.4
South of 172nd St between I-5 and Smokey Point Blvd
Administrative Conditional Use Permit-Site Plan Review
Thai D Garden PJ26-0135
D. Site and Adjacent Zoning/ Uses
Subject Site
HC= Highway Commercial /
=Commercial Corridor
F
a
'r
1
Area Zoning Proposed Use Current Use
Proposed Location Highway Commercial Flower stand Gas Station
North Highway Commercial Barber
East Commercial Corridor Drive-thru restaurant
South Highway Commercial Restaurant
West Highway Commercial Retail Store
II. PROJECT CONSISTENCY WITH TITLE 20 AMC,ZONING
A. Applicable Review Criteria and Process
The Administrative Conditional Use Permit request is subject to review for conformity with the
Arlington Municipal Code (AMC),including but not limited to the following:
Regulation I Analysis Meets
Chapter 20.16 AMC,Permits and Final Plat Approval
20.16.100 (a) Permits Required.The use of a The applicant submitted an
property may not be substantially changed,land Administrative Conditional Use
clearing,grading,filling,or excavation may not be Permit application for site plan
commenced,and buildings or other substantial review.The Community&Economic
structures may not be constructed,erected,moved, Development Director is responsible
or substantially altered except in accordance with for the permit decision and the Yes
and pursuant to one of the city's permits. decision is appealable to the Hearing
Examiner.
(4)An administrative conditional use permit issued
by the Community and Economic Development
Director or his/her designee.
Administrative Conditional Use Permit-Site Plan Review
Thai D Garden PJ26-0135
Regulation Analysis Meets
20.16.110 Who May Submit Permit Applications. The applicant,Doua Lor,with
(a)Applications for Administrative Conditional Use permission from the owner,Sami
Permits will be accepted only from persons having Said,submitted the application for
the legal authority to take action in accordance with the Thai D Garden Flower Truck.
the permit or the subdivision plat approval.By way
of illustration,in general this means that Yes
applications should be made by the owners or
lessees of property,or their agents,or persons who
have contracted to purchase property contingent
upon their ability to acquire the necessary permits
under this title.
20.16.120 Official Representative of the Applicant. The applicant,Doua Lor,designated
The applicant for each land use permit shall Seng Lor as the official
designate an official representative,which may be representative for the subject
themselves,to receive all correspondence, permit. Yes
determinations,and notices regarding the
application.
20.16.140 Submittal of Application. The project applicant scheduled a
(a) To minimize development planning costs,avoid submittal intake appointment with
misunderstanding or misinterpretations,and the Community and Economic
ensure compliance with the requirements of this Development Department and Yes
title,a submittal intake appointment is required submitted the application on March
between the developer and the Community 6,2026.
Development staff as provided in this section.
20.16.150 Vesting of Permits. This proposal was deemed complete
(1) Land use permit applications shall be on March 10,2026,and thus vested
considered vested on the date that an application is to the code at that time for the
deemed complete pursuant to 20.16.205 and Administrative Conditional Use
applications shall be processed under the land use Permit.
regulations in effect on that date. However,
subsequent permits on the same property are not
vested on this date. Yes
(2) Filing of a permit application does not vest the
payment of fees. Fees due,including impact
mitigation fees,application fees,or other charges,
shall be those fees in effect on the date the fee is
paid in accordance with the most current city
council fee resolution.
20.16.200 Applications to Be Complete. The applicant submitted a complete
(a)All applications for zoning,special use, application for Thai D Garden on
conditional use,or sign permits must be complete March 6, 2026. Yes
before the permit-issuing authority is required to
consider the application.
Administrative Conditional Use Permit-Site Plan Review
Thai D Garden PJ26-0135
Regulation Analysis Meets
20.16.205 (c) Complete Application.Within 28 days The application was submitted on
of receiving the permit application,the Community March 6, 2026.The City issued a
Development Director shall mail or provide in Notice of Complete Application on
person a written determination to the applicant. March 10,2026.The Notice was
issued within the 28-daytimeframe.
20.16.215 Distribution of Application. The application was routed to all
Upon receipt of a Zoning,Special Use or Conditional effected city departments on March
Use Permit application,the Planning Official shall,in 6,2026.
addition to all interested City Departments,send a Yes
copy of the application to the authorities and
agencies reviewing or furnishing water,fire,school,
and sanitary sewer service to the proposed project.
20.16.220 Administrative Conditional Use Permits. The ACUP was submitted to city staff
(a)A completed application form for an on March 6, 2026.The project was
administrative conditional use permit shall be reviewed for compliance with the Yes
submitted to the community and economic Arlington Municipal Code.
development director by filing a copy of the
application with the planning department.
20.16.270 Time Limitations for Permit Processing. The proposed administrative
(a) The City shall issue its notice of final decision on conditional use permit was reviewed
a permit application within 120 days after the and issued within the 65-day
Community and Economic Development Director timeframe per the following dates:
notifies the applicant that the application is Action Date
complete,as provided in 20.16.205. In determining Date of Application 3/6/2026 Yes
the number of days that have elapsed,the following Notice of Complete
periods shall be excluded: Application 2/10/2026
(1)Any period during which the applicant has been Review Comments 2 10 2026
requested to correct plans,perform required Resubmittal 3 26 2026
studies,or provide additional required information. Decision 4 1 2026
Total Process Days: 7 of 65 Days
Chapter 20.36 AMC,Zoning Districts and Zoning Map
The Highway Commercial (HC) zone is established The Administrative Conditional Use
to accommodate the widest range of commercial Permit will operate within the
activities.Uses allowed here include those allowed Highway Commercial zone.The
in other commercial districts,but also those that Mobile Sales and Delivery are Yes
require highway access or that should be separated allowed within the Highway
from residential uses. Commercial zone.
Administrative Conditional Use Permit-Site Plan Review
Thai D Garden PJ26-0135
Regulation Analysis Meets
Chapter 20.40.130 AMC,Commercial and Mixed-Use Zones Permissible Use Table
20.40.010 Table of Permissible Uses. The proposed Mobile and Delivery
The Tables of Permissible Uses sets forth the Sales is allowed per the permissible
permissible uses within the respective zoning use table within the Highway
classifications in the city,subject to other applicable Commercial zone. Yes
provisions in this title.It should be read in close
conjunction with the definitions of terms set forth in
section 20.08 and the other interpretive provisions
set forth in this article.
Use NC OTBD-1 I OTBD-2 I OTBD-3 GC1 CC2 HC1
Retail Trade- Outside Storage of Goods and Display Allowed
Mobile Sales and Delivery 16 ACUP ACUP ACUP ACUP ACUP ACUP ACUP
1 Residential Uses are only allowed in the general commercial and highway commercial zones when regulated by the mixed-
use development regulations,Section 20.110.All permissible uses shall meet the Use Table Requirements of the specific
Place type and transect of the property of the intended use.
2 Commercial Corridor uses are regulated by the mixed-use development regulations,Chapter 20.110.All permissible uses
shall meet the Use Table Requirements of the specific place type and transect of the property of the intended use.
16 Subject to Section 20.44.080-Administrative Conditional Use Permit for Mobile Sales and Delivery
Chapter 20.44 AMC,Supplemental Use Regulations
20.44.80 Administrative Conditional Use Permits for Mobile Sales and Delivery
(a) Requirements for all Administrative The proposed food truck is allowed in the
Conditional Use Permits for Mobile Sales Highway Commercial zone per the
and Delivery(i) This section establishes a Permissible Use Table shown above.
mechanism for whereby the City may issue a
permit to allow for mobile sales and Yes
deliveries allowed in zones consistent with
the uses found in Chapter 20.40 Table of
Permissible Uses
(ii) Mobile sales and deliveries are intended The primary use onsite is a Gas Station.The
as an accessory use to a primary use on a proposed flower stand is temporary and
specific parcel.The mobile sales and intended as an accessory use.
deliveries use shall not be a standalone use Yes
on a vacant parcel. Mobile sales and
deliveries shall not be permanent fixtures
on a site.
(iii)An application and all submittal The applicant submitted for an
requirements for an administrative Administrative Conditional Use Permit.The
conditional use permit Community and Economic Development
will be reviewed and approved by the Director is responsible for the permit Yes
Community and Economic Development decision and the decision is appealable to
Director. the Hearing Examiner.
(iv)The proposed narrative is required to The stand will operate Thursday-Sunday
provide the following: proposed use,hours from 6am-6pm.The parking stall is located
of operation,duration of stay,strategies to near the sidewalk to provide safe pedestrian Yes
minimize traffic congestion and pedestrian access.
hazards,
Administrative Conditional Use Permit-Site Plan Review
Thai D Garden PJ26-0135
Regulation Analysis Meets
(v) The proposed site plan is required to Site plan provided site plans showing
show the following: proposed location on parking,ingress and egress to the site,and
the property with setbacks from property safe pedestrian access.
lines,ingress/egress on the property,
Yes
parking stalls,ADA parking stalls,on-site
traffic flow,pedestrian access/crosswalks,
and drive-thru stacking,along with
landscaping screening if needed).
(vi) The proposed use is required to include A restroom agreement was provided,signed
the following with the application: by the property owner,stating the
Snohomish County Health District approval employees of the mobile business may use
letter,commissary kitchen agreement, their facilities while onsite. Other Yes
restroom facility agreement,hand washing requirements do not apply as no food is
stations,water use,grey water disposal, handled with this type of business proposal.
refuse receptacles,and proof of vehicle
registration,
(vii) The mobile sales and deliveries use A Washington State Business License was
shall obtain a Washington State Business issued on February 6, 2026 with a City of
License and City Endorsement License prior Arlington Endorsement. Yes
to opening for business. Business licenses
require annual renewal.
Administrative Conditional Use Permit-Site Plan Review
Thai D Garden PJ26-0135
III. CONCULUSIONS
Under AMC 20.16.220, the Community and Economic Development Director shall issue the
requested Administrative Conditional Use Permit for Mobile Sales and Delivery permit only if
he finds that:
Regulation Analysis Meets
(1) The requested permit is not within his The requested Administrative Conditional
jurisdiction according to the Table of Use Permit review is within the City of
Permissible Uses Arlington's jurisdiction per the above Yes
zoning map and permissible use table.
(2) The application is incomplete The application for the proposal was
deemed complete on March 10, 2026. Yes
(3) If completed as proposed in the The proposed flower truck complies with
application,the development will not comply all required sections of AMC Title 20 per
with one or more requirements of this title the above staff analysis.
(not including those requirements concerning
which a variance has been granted or those Yes
the applicant is not required to comply with
under the circumstances specified in§20.32,
Nonconforming Situations).
(4) The proposed project has not complied The proposed food truck is exempt from
with SEPA SEPA review per 20.98.090 (5):
Commercial facilities up to 4,000 sf with Yes
up to 20 parking spaces.
(5) The proposed project is not in The proposed flower truck complies with
conformance with the Comprehensive Plan or the Arlington Municipal Code, Yes
other adopted plans,regulations, or policies. Comprehensive Plan, and Transportation
Plan.
IV. ADMINISTRATIVE DECISION
The proposed project was found to be consistent with and meets the intent of the Arlington Zoning
Code, Comprehensive Plan,and the Arlington Municipal Code,therefore the Administrative
Conditional Use Permit for Thai D Garden (PJ26-0135) is hereby APPROVED,subject to the following
conditions.
V. CONDITIONS
Administrative Conditional Use Permit:
1. The proposed use shall be in substantial conformance with the approved Administrative
Conditional Use Permit application received March 6, 2026 and additional information received
on March 26, 2026,subject to any conditions or modifications that may be required as part of
the permit plan review.
2. The proposed use shall be allowed at the location as depicted within the approved site plans
attached with the Administrative Conditional Use Permit.
3. The proposed use shall not obstruct the public sidewalk.
4. The proposed use shall not interfere with public convenience and no permanent structures are
allowed to be built within the public right-of-way.
Administrative Conditional Use Permit-Site Plan Review
Thai D Garden PJ26-0135
5. Parking spaces along public roads shall not be reserved.
6. Business related vehicles shall not obstruct areas designated as public parking on approved site
plan.
7. The stand may be at one location for the duration of one (1) day and shall be removed at the end
of each day.
8. If at any point the proposed business becomes an issue with the existing parking, other vehicles,
neighboring businesses, or if the city receives unresolvable complaints from the public then the
business license and the Administrative Conditional Use Permit may be revoked.
9. The Administrative Conditional Use Permit is required to be renewed on an annual basis in
conjunction with a Business License for Mobile Sales and Delivery.
10. A current Business License is required to operate a business within the city.The Administrative
Conditional Use Permit is only valid with an approved business license.
VI. EXPIRATION
Per AMC 20.44.080 the permit shall expire automatically if,within one year after the issuance of the
permit,a renewal has not been issued.The permit shall be renewed annually for continued use.
VII. APPEAL
This decision may be appealed pursuant to AMC 20.20.010,which provides for a hearing of the
Administrative Conditional Use Permit decision before the Hearing Examiner.Any aggrieved party of
record may file an appeal within 14 days of the permit decision.An appeal shall be considered filed
when a written notice of appeal, specifying the grounds and arguments,therefore,is delivered to the
Department of Community and Economic Development by 5:00 PM on Wednesday.April 15, 2026 and
the appeal fee as set by resolution is paid.
Prepared By: Ameresia Lawlis
Date: April 1, 2026
ORDERED THIS ON THE 15f DAY OF April 2026.
Amy Rusko, Community and Economic Development Department Director
Distributed to the Following Parties:
Seng Lor, Primary Contact
Doua Lor,Applicant
Administrative Conditional Use Permit-Site Plan Review
Thai D Garden PJ26-0135
Thai D Garden ACU P 20260401 PJ26-0135 A
CUPDecision
Final Audit Report 2026-04-01
Created: 2026-04-01
By: Ameresia Lawlis(alawlis@arlingtonwa.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAQRmtWEgsuR81diH_20TOPLYOOBk_uXO1
"Thai D Garden ACUP 20260401 PJ26-0135 ACUPDecision" H
istory
Document created by Ameresia Lawlis (alawlis@arlingtonwa.gov)
2026-04-01 -6:01:25 PM GMT
Document emailed to Amy Rusko (arusko@arlingtonwa.gov)for signature
2026-04-01 -6:01:30 PM GMT
Email viewed by Amy Rusko (arusko@arlingtonwa.gov)
2026-04-01 -6:04:01 PM GMT
Document e-signed by Amy Rusko (arusko@arlingtonwa.gov)
Signature Date:2026-04-01 -6:04:15 PM GMT-Time Source:server
Agreement completed.
2026-04-01 -6:04:15 PM GMT
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