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Home My WebLink About4526 1 2 3 4 5 6 7 8 9 10 c::J 11 r- ~ 12 en - C"..J 13 cn 14 15 16 17 = = <;:: 18 '" 19 ~ = ~ 20 = = ~ 21 .~ '" = = ~ '" 22 ~ ~. '" ,~ = 23 (...:1 '" '" ~ = 24 ~ ~ c, 25 = .;; ~ ~ 26 = c, ~ ~ = , ~ ~ ~ .~ ~ CITY CLERK'S OFFICE CITY OF AUBURN 26 West Main Auburn, WA 98001 DEC 07 REC'UtP/ ~\a ORDINANCE NO. 4 5 2 6 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF AN OUTDOOR STORAGE YARD 20,681 SQUARE FEET IN SIZE TO BE SITUATED ON PROPERTY LOCATED ON THE SOUTH SIDE OF 15TH STREET N.W. IN THE 1400 BLOCK IN AN M-1 (LIGHT INDUSTRIAL) ZONE, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application No. CUP0003-91 dated July 3, 1991, together with site plans therefore, has been submitted to the City of Auburn, Washington, by JERRY C. BARKER requesting a Conditional Use Permit to allow construction of an outdoor storage yard 20,681 square feet in size to be situated on property located on south side of 15th Street N.W. in the 1400 block in an M-1 (Light Industrial) zone within the City of Auburn, Washington, hereinafter described in Section 2 of the Ordinance; and WHEREAS, said application was referred to the Hearing Examiner for study and public hearing thereon; and WHEREAS, the Hearing Examiner, based upon staff review, held a public hearing to consider said petition in the Council Chambers of the Auburn City Hall, on October 22, 1991, at the conclusion of which the Hearing Examiner recommended the approval of the issuance of a Conditional Use Permit to allow construction of an outdoor storage yard 20,681 square feet in size to be situated on property located on the south side of -------------.-...------------ Ordinance No. 4526 November 8, 1991 Page 1 .-- ------.---_.... ...._-~ 1 2 3 4 5 6 7 8 9 10 11 12 C 13 ""'- ""'- 14 c:::> en - 15 C"..J 16 m 17 18 19 20 21 22 23 24 25 26 15th street N.W. in the 1400 block, based upon the following Findings of Fact and Conclusions, to-wit: FINDINGS OF FACT 1. The applicant, Jerry C. Barker, through his agent, stuart Sulman, requests Conditional Use Permit approval for the construction of an outdoor storage yard. 2. The sUbject outdoor storage yard is 20,681 square feet in size and is located on the south side of 150th street N. W. in the 1400 block. 3. The existing land use is that of a vacant industrial site and the Comprehensive Plan designates the site for light industrial uses. The site is zoned M-1, Light Industrial. 4. Land in the surrounding vicinity is designated in the Comprehensive Plan as light industrial on all sides and has a similar zoning designation. The existing land uses are industrial to the north, east, and west while land to the south is currently vacant. 5. The applicant is proposing to add a new c<)vered storage building in addition to the outdoor storage yard. 6. The site plan illustrates 14,200 square feet of existing building area with a new warehouse of 18,871 square feet, together with 10,170 square feet for a new covered storage area. The total square footage of these buildings is 43,241 square feet and 1/2 of that total would permit a 21,620 square foot outdoor storage yard. The applicant is requesting a 20,681 square foot outdoor storage yard and pursuant to section 18.32.040(H) the size of the outdoor storage yard is limited to 50% of the square footage of the on-site buildings. 7. The Zoning Ordinance contains definitions for outdoor storage and for buildings. In order for the "new covered storage" to be used to calculate the permitted outdoor storage, it must be consistent with the definition of "building" which would require the building to be both roofed and walled. ------------------ Ordinance No. 4526 NovemberS, 1991 Page 2 -------..---.-.-.-.,.---.-- 1 2 3 4 5 6 7 8 9 10 11 c::J 12 ""'- ""'- a 13 m - C"..J 14 m 15 16 17 18 19 20 21 22 23 24 25 26 8. The city has accepted buildings with a roof and three walls. The remaining side of the building can be allowed to have an opening commensurate with the size of materials which would be placed into and be taken out of the building. 9. The proposed outdoor storage will be located on the south side of the parcel. Accordingly the storage will be somewhat screened by the existing and proposed buildings which are oriented to 15th street. 10. The Zoning Ordinance requires outdoor storage yards which are visible from the street to be screened by a 5 foot width of landscaping. 11. The outdoor east side. project but storage will abut a truck parking area on the The truck parking is part of this proposed is not part of the outdoor storage yard. 12. At the time of the public hearing the applicant's agent attempted to establish that the outdoor storage yard would not be visible from the street and therefore the 5 foot landscaping should not be required. Upon viewing the site and the site plan, the Hearing Examiner cannot conclude that the outdoor storage yard will not be visible from the street. 13. The staff approval, set forth report, with its recommendation of conditional is incorporated herein by reference as though in full. CONCLUSIONS OF LAW 1. The evidence establishes that the requirements of a conditional use permit have been established. 2. The first criteria is that the use as proposed will not have an adverse effect on the health, safety, or comfort of persons living or working in the area and that the use would not be more injurious to property or improvements in the surrounding area than would any use generally permitted in the district. The location of the outdoor storage yard is such that existing and proposed buildings will help to screen the storage yard from adjoining ______h______________________ Ordinance No. 4526 November 8, 1991 Page 3 _.~.__~.__..________.. -_0--'- _.__ ~ "- @1 - N.2 - - 0') 13 14 18 19 20 21 22 23 24 25 26 1 properties. The landscaping of the storage yard will lessen any adverse effect on adjoining properties. If properly screened, landscaped, and sited, the storage yard is consistent with the policies of the Comprehensive Plan. 2 3 4 3. 5 6 4. In order to comply with the Zoning Ordinance, additional landscaping is required. The site plan may be revised to conform to the Zoning Code requirements. 7 5. The proposal can harmonious and appearance with vicinity. be constructed and maintained so as to be appropriate in design, character and the intended character of the general 8 9 6. The outdoor storage as proposed will not adversely affect the infra structure. For each of the above referenced reasons, the recommendation of the Hearing Examiner to the Auburn city Council on this Conditional Use Permit to allow construction of 15 an outdoor storage yard 20,681 square feet in size to be situated on property located on the south side of 15th street 16 N.W. in the 1400 block is approved and affirmed. 17 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The above cited Hearing Examiner's Findings of Fact and Conclusions, are herewith incorporated in this Ordinance. Section 2. A Conditional Use Permit is hereby approved to allow construction of an outdoor storage yard 20,681 square feet in size to be situated on property located on the south ____h_____________~__________ Ordinance No. 4526 November 8, 1991 Page 4 -'.-..----..--.-...------....----..----.----..---------,._..._------~ 1 2 3 4 5 6 7 8 9 10 11 12 0 13 r- ""'- c::> 14 cn - C"..J 15 c:r:> 16 17 18 19 20 21 22 23 24 25 26 side of 15th street N.W. in the 1400 block in an M-1 (Light Industrial) zone, situate in the City of Auburn, County of King, state of Washington, and is legally described as follows: Lot 2, Auburn Park of Industry, according to the plat recorded in volume 106 of plats, pa~Jes 83- 85, in King County, Washington, together 1~ith an easement for ingress, egress and utilitiE!s over the south 20 feet of Lot 1, said Auburn Park of Industry. Reserving to the grantor, his/their heirs and assigns, an easement for parking, l<)ading, unloading and utilities over the east 25 feet of said Lot 2; also reserving unto the 9rantor his/their heirs and assigns, an easement for ingress, egress and utilities over the w'est 25 feet of the east 50 feet of said Lot 2. section 3. Landscaping be provided on the north and south sides of the storage yard as required by Sections 18.50.050(F) (6) and 18.50.060(G) of the Zoning Ordinance. Section 4. The "new covered storage" as identified on the site plan shall meet the definition of building as defined by Section 18.04.190. The building shall be roofed ,and have walls on the west and south sides. Section s. The east side may not be fully enclosed by a wall in order to facilitate an opening wide enough to move materials in and out of the building. The width of the opening shall be approved by the Planning Director prior 1:0 building permit applications. _______u__________________.n Ordinance No. 4526 NovemberS, 1991 PageS -----.--.--.- 1 2 3 4 5 6 7 8 9 10 c::J 11 r- ""'- c::> 12 en - 13 C"..J CJ'") 14 15 16 17 18 19 20 21 22 23 24 25 26 Seotion 6. The east boundary of the outdoo:l:' storage yard shall be permanently established by landscaping, fencing or other similar means as approved by the Planning Director. Seotion 7. 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. seotion 8. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Seotion 9. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: //-/1-9/ 1/ - / y- 91 / / - / t~ 9 I PASSED: APPROVED: ~ MAYOR ___________n_____________.-__ Ordinance No. 4526 November 8, 1991 Page 6 , ____··__________·_____._"___.____m______ __ __._..__~.__ 0'. ___.__~__.._..____.._.._ 1 2 3 4 5 6 7 8 9 10 11 12 13 c::J r- 14 ~ en 15 - C"..J 16 m 17 18 19 20 21 22 23 24 25 26 ATTEST: f?~/¡J~tL Robin WOhlhueter, City Clerk APPROVED AS TO FORM: ~~ Stephen R. Shelton, City Attorney PUBLISHED: 1/-aC/- 9/ , _~_.___~______u______~_______ Ordinance No. 4526 NovemberS, 1991 Page 7 .----." "---~~-- - --~_._--_.