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HomeMy WebLinkAbout4609 1 2 3 4 5 6 7 8 9 10 -- 11 OJ 0 12 cO c,,l 13 CO 14 15 16 17 18 19 20 21 22 23 24 25 26 ~n~ $ OFFICE ,'~ AUBURN West Main ~m, WA 98001 CITY CLERK'S OFFiL.. CITY OF AUBURN 25 West Main Auburn, WA 98001 ORDINANCE NO. 4 6 0 9, AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO ALLOW THE SALE OF WATER-SKI BOATS ON PROPERTY ZONED C-1 (LIGHT COMMERCIAL), LOCATED AT 2015 "R" STREET S.E., WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application No. dated December 11, 1992, together with site plans has been submitted to the City of Auburn, Washington, DAVID SCOTT WALLER requesting a Conditional Use Permit to allow the sale. of water-ski boats on property zoned C-1 (Light Commercial) within the City of Auburn, Washington, hereinafter described cuP0009-92 therefore, by in Section 2 of the Ordinance; and WHEREAS, said request above referred to, 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 January 19, 1993, at the conclusion of which the Hearing Examiner recommended the approval of the issuance of a Conditional Use Permit to allow the sale of water-ski boats to be located at 2015 "R" Street S.E., in an C-1 (Light Commercial) zone based upon the following Findings of Fact and Conclusions, to-wit: Ordinance No. 4609 February 19, 1993 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 FINDINGS OF FACT me 6e The applicant, David S. Waller, through his agent, George Schuler, requests a Conditional Use Permit to allow for boat sales on property located at 2015 "R" Street S.E. in Auburn. The subject property is currently zoned C-1, Light Commercial, and is occupied by a vacant building. Surrounding zoning and Comprehensive Plan designations in all directions are for General Commercial zoning except for property to the north where the fire station is located and accordingly the property is designated for public uses. Existing land uses in the vicinity include vacant property to the south; a 7-Eleven store to the east; and a bowling alley to the west. The applicant is proposing foot building which is over water-ski boats, equipment, to utilize the 2400 square 20 years old for the sale of and accessories. The Planning Director has made a determination that boat sales are similar to automobile sales and accordingly a Conditional Use Permit is required to be processed for the proposed use. The Zoning Ordinance requires certain standards to be established if automobile sales are going to be permitted in a C-1 Zone. Due to the fact that the Planning Director has determined that automobile sales are similar to boat sales, this permit should also meet those standards. The standards include the requirement that the business should be located on a major arterial as defined by the City of Auburn Traffic Plan. The building is provided access by "R" Street S.E., which is a designated five- lane arterial. The building does not front on "R" Street but is addressed on "R" Street, and it will be signed from "R" Street. Accordingly the proposal is consistent with this standard. The Zoning Ordinance permits no repairing, painting, or body work to be conducted outside of the building. The applicant indicates that there will be no repairing or painting work of any nature at any time on the premises either inside or outside of the building. Ordinance No. 4609 February 19, 1993 Page 2 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 10. 11. 12. Two standards relating to C-1 uses adjacent to R zones do not apply. Additional landscaping can be required to ensure that the use is compatible with existing or potential C-! uses in the vicinity. The applicable number of parking spaces can be provided. In addition to boat sales, the applicant proposes to sell boat accessories, apparel, snow boards and accessories. The staff report, with its recommendation of conditional approval, is incorporated herein by reference as though set forth in full. CONCLUSIONS OF L~W The Zoning Ordinance sets forth a series of criteria which must be established before a Conditional Use Permit can be granted pursuant to Section 18.64.040 of the Zoning Ordinance. The first criterion has to do with the proposed use not having a more adverse impact on the health, safety, or comfort on persons living or working in the area than would any use generally permitted in the district. As a result of existing uses in the area and the applicant,s proposal for the conduct of his business, there will not be an adverse impact on adjoining properties. The proposal is in accord with the goals, objectives and policies of the Comprehensive Plan. The proposal complies with or is capable of meeting all requirements of the Zoning Ordinance. The proposal can be constructed and maintained so as to be harmonious and appropriate in design, character, and appearance with the existing or intended character of the general vicinity of additional landscaping as provided to promote further compatibility with the area. Ordinance No. 4609 February 19, 1993 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 6. There is no evidence that the proposal will adversely affect the public infrastructure. 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 sale of water- ski boats to be located at 2015 "R" Street S.E., is approved. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Seotion ~. The above cited Hearing Examiner's Findings of Fact and Conclusions, are herewith incorporated in this 'Ordinance. Beotion Z. A Conditional Use Permit is hereby approved to allow the sale of water-ski boats to be located 2015 "R" Street S.E., in an C-1 (Light Commercial) zone, situate in the City of Auburn, County of King, State of Washington, and is legally described as follows: PARCEL A: Lot 4 of City of Auburn Short Plat No. SP- 7-80 as recorded under Auditor's File No. 8008070488. Commencing at the NW corner of Lot 4 in Block 2 of Wadkins First Addition as recorded in Volume 59 of Plats on page 63 records of King County, Washington, thence N 89o42'10'' E along the north line of said First Addition, a distance of 378.87 feet to the true point of beginning; thence N 38°04'00'' E a distance of ll2.51'feet, to the westerly margin of Howard Road; thence Ordinance No. 4609 February 19, 1993 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 N 43°03'17'' W, along said margin, a distance of 159.52 feet; thence S 46°56'43'' W a distance of 111.16 feet; thence S 43°04'17'' E a distance of 176.88 feet, to the true point of Subject to a road easement northwesterly 30 feet thereof. PARCEL B: PARCEL NO. 1921059188. BEG 113.93 F N OF SE COR 43°02'55'' W ALG CO. RD. 46°57'05'' E TO D LN SD GL TO BEG. Seotlon 3. There shall be no boats on the premises. Seotion 4. A five-foot width shall be required on "Old Howard Road" beginning. over the OF GL 11 TH N 155.08 FT TH N TH S 213.74 FT repairing or painting of of Type III landscaping except for driveways. The installation of the landscaping shall meet the Zoning Code requirements. ~eotion 5. Parcel "B" shall be landscaped with a Type III landscaping. Landscaping materials shall not cause sight distance concerns. Seotio~ 6. 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. Sea~io~ 7. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Ordinance No. 4609 February 19, 1993 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Seotion 8. This Ordinance shall force five days from and after its publication as provided by law. INTRODUCED: PASSED: APPROVED: take effect and be in passage, approval and MAYOR ATTEST: Robin Wohlhueter, City Clerk APPROVED AS TO FORM: City Attorney PUBLISHED: _r~' ~' ~-~ Ordinance No. 4609 February 19, 1993 Page 6