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HomeMy WebLinkAbout4620 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 ORDINANCE NO. 4 6 2 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AFFIRMING THE HEARING EXAMINERtS RECOMMENDATION TO GRA/~T AN APPEAL AND THEREBY DENY THE APPLICATION FOR AN ADMINISTRATIVE USE PERMIT FOR A VEHICLE EMISSION INSPECTION FACILITY PROPOSED TO BE LOCATED AT 4122 "B" PLACE N.W., AUBURN, WASHINGTON. WHEREAS, Application No. MIS0002-93 dated January 19, 1993 has been submitted to the City of Auburn, Washington, by WELLS DEVELOPMENT CORPORATION requesting the issuance of an Administrative Use Permit to allow construction of a vehicle emission testing facility proposed to be located at 4122 "B" Place N.W., within the City of Auburn, Washington; and WHEREAS, said request above referred to, was referred to the Hearing Examiner for study and public hearing thereon pursuant to an appeal filed by neighboring business owners; and WHEREAS, the Hearing Examiner held a public hearing to consider the appeal of the issuance of the Administrative Use Permit in the Council Chambers of the Auburn City Hall, on February 17, 1993, at the conclusion of which the Hearing Examiner upheld the appeal and recommended the Administrative Use Permit be denied based upon the following Findings of Fact and Conclusions, to-wit: Ordinance No. 4620 April 14, 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 8o On January 4, 1993, the City of Auburn Planning Director issued an Administrative Use Permit to allow the construction of a vehicle emission inspection facility. The subject proposal is located at 4122 "B" Place N.W. in Auburn. The proponent of the proposal, Wells Development Corp., proposes to conduct a vehicle emission inspection station in an M-1 light industrial zone. The Planning Director considered the application for the Administrative Use Permit pursuant to Auburn Zoning Ordinance Section 18.64.020(b). The Planning Director concluded upon his review of the application that the Administrative Use Permit should be granted and accordingly issued the Administrative Use Permit on January 4, 1993. Any affected party may appeal the Planning Director,s decision to the Hearing Examiner pursuant to Auburn Zoning Ordinance Section 18.64.020(b)(3). The City of Auburn received an appeal on January 19, 1993 signed by a number of property owners and/or business owners located near the proposal. In the appeal of the Administrative Use Permit, they argue that the permit should not be approved because the facility would constitute a safety hazard and would be unacceptable to the safety and well-being of the property owners, their tenants, and employees. They list in their appeal five items which they believe support their safety concerns. The primary issue has to do with traffic. An environmental review has been completed for this project. A Final Mitigated Determination of Non- Significance was issued on January 4, 1993. As part of the environmental review, a traffic study prepared by the consulting engineer was submitted by the applicant. The traffic study indicated that an average of 510 vehicle trips would occur per day. Since a trip represents both the car coming and going from the site, this means a projected average of 255 cars will visit the facility each day. However, the traffic engineer's report was based upon traffic counts at similar Ordinance No. 4620 April 14, 1993 Page 2 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 6 7 10. ll. 12. 13. facilities occurring in March of 1992. The evidence indicates that toward the end of the month, which is the peak time when persons use a vehicle emission facility, there could be as many as 920 trips, or 460 in and 460 out, on a maximum day. The traffic survey projects 70 peak hour trips if the 255 in and 255 out figure were used. The traffic survey contains no projection as to the number of peak hour trips on a maximum day which could include as many as 920 trips, 460 in and 460 out. Assuming that the same percentage of trips would occur during the P.M. peak hour, one could conclude that there would be as many as 129 peak hour trips on the maximum day where the facility would generate approximately 920 trips. It should be noted that the site plan was not available to the undersigned until at the time of the public hearing. A review of the site plan suggests that there is no place for vehicle drivers who may change their mind about the wait associated with the facility to turn around and get out of line. The proposed facility would contain four testing bays with each vehicle taking approximately five minutes to test. Previously, it took approximately three minutes for the vehicle emission test to be oompleted per vehicle. However, recent changes in the Federal Clean Air Act have resulted in more extensive testing requirements. Therefore, it appears that the vehicle emission station could handle a maximum of 48 vehicles per hour assuming that all four lanes were open. The site plan reflects that there are four lanes approximately 150 feet in length for cars to wait for the testing process. Therefore, each waiting lane can accommodate approximately seven cars. The average P.M. peak hour traffic generated by a 20,000 square foot light industrial building is approximately 20 trips. Therefore, the existing zoning which would permit light industrial uses would generate significantly fewer daily trips and P.M. peak hour trips than with the subject proposal. 14. The subject proposal is located on a dead-end cul-de-sac. Ordinance No. 4620 April 14, 1993 Page 3 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 15. 16. 17. The city,s Traffic Engineer reviewed the traffic study and concluded that the only impacts that need to be mitigated had to do with the intersection of South 277th and SR167. At the time of the public hearing, in light of the very substantial opposition to the proposal by surrounding property owners in the vicinity, the Planning Department indicated that had it been aware of the substantial opposition, it is possible that the Administrative Use Permit may not have been granted. At the time of the public hearing, the applicant submitted testimony and a letter from their attorney. CONCLUSIONS OF LAW The Zoning Ordinance provides at Section 18.64.040 that Administrative Use Permits may only be approved upon the establishment of certain conditions. The first condition is that the use will have no more of an adverse affect on the health, safety, or comfort of persons living or working in the area, and will be no more injurious, economically or otherwise, to property improvements in the surrounding area than would any use generally permitted in the district. Among matters to be considered are traffic flow and control, access to and circulation within the property, off-street parking and loading, and a number of other considerations. The undersigned concludes, as a matter of law, that this use would generate considerably more traffic than would other uses permitted outright in an M-1 zone. There appears to be no way to mitigate the significant traffic impact which the proposal would have. So long as the Washington State Department of Licensing continues to have citizen's vehicle licenses expire on the last day of the month, it can almost be guaranteed that people wait until the last day of the month to have their vehicle emission tested to obtain their license tabs. Therefore, the 960 vehicle trip per day figure would appear to be a relatively probable impact which would occur at least 1, 2 and possibly more days per month. In addition, access to and circulation within the property appears to be inadequate. The property is located within a dead-end street. If the emission station can only handle 48 vehicles per hour, it is probable that there will be significant lines. People Ordinance No. 4620 April 14, 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 3e 4e do not want to wait in line and it is probable that they will be attempting to turn around either within the property (something which is not adequately provided for within the site plan) and/or on the cul-de-sac. This traffic will have an injurious affect on the surrounding area. The proposals must be in accordance with the goals, policies, and objectives of the Comprehensive Plan. In this instance, the goals, policies, and objectives of the Comprehensive Plan are contained in the purpose statement of the M-1 zone at Section 18.32.010 which states, "The purpose of the M-1 zone is to accommodate a variety of industrial uses in an industrial park environment, to preserve land for light industrial uses, to implement the economic goals of the Comprehensive Plan and to provide a greater flexibility within the zoning regulations for those uses which are non-nuisance in terms of air and water pollution, noise, vibration, glare or odor." The intent statement continues, "An essential aspect of this zone is the need toma'lntaln' a quality' of d~velopment that attracts rather than discourages further investment in light industrial development. Consequently, site activities which could distract from the visual quality of development of these areas, such as outdoor storage, should be strictly regulated within this zone." As the City previously acknowledged, the Planning Department staff was quite unaware of the strong objection to the siting of the vehicle emission station in the vicinity from adjacent property owners and business owners. The vehicle emission station in an M-1 zone does not appear to promote the intention of the M-1 light industrial district. The proposal appears to comply with the requirements of the Zoning Ordinance. The proposal does not appear to be able to be constructed and maintained so that it is harmonious and appropriate in design, character and appearance with the existing or intended character of the general vicinity. Although there is nothing wrong with the proposed design of the facility, its character would be such that it would generate far more traffic than other light industrial uses. The proposal may adversely affect the public infrastructure in that it would generate considerable traffic on a dead-end street so that there may be interference with emergency responses in the vicinity by either police or firefighters. Ordinance No. 4620 April 14, 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 For each of the above referenced reasons, the recommendation of the Hearing Examiner to the Auburn City Council to grant an appeal and thereby deny the application for an Administrative Use Permit for a vehicle emission inspection facility proposed to be located at 4122 "B" Place NW, is approved. 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. 8eotion 2. The city Council hereby affirms the Hearing Examiner's recommendation to grant an appeal and thereby deny the application for an Administrative Use Permit for a vehicle emission inspection facility proposed to be located at 4122 "B" Place NW, Auburn, Washington. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. Ordinance No. 4620 April 14, 1993 Page 6 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: INTRODUCED: PASSED: APPROVED: ATTEST: Robin Wohlhueter, City Clerk APPROVED AS TO FORM: Stel6hen R. Shelton, City Attorney Ordinance No. 4620 April 14, 1993 Page 7