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HomeMy WebLinkAbout4751 1 2 3 4 5 6 7 8 9 10 ~'~ 13 17 18 20 21 22 23 24 25 2~ City of Auburn Finance Department 25 W. Main Auburn, WA 98001 JUL 2 0 1995 KING ~_,O,¢N ~ 'Y RECORDER ORDZNIkNCR ~0. 4 7 5 1 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO ALLOW A MACHINE SHOP ON PROPERTY ZONED C-3 (HEAVY COMMERCIAL) LOCATED AT 4204 AUBURN WAY NORTH, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application No. CUP0002-95 dated February 17, 1995, together with site plans therefore, has been submitted to the City of Auburn, Washington, by ERVIN A. WICKLUND, requesting a Conditional Use Permit to allow a machine shop in a C-3 (Heavy Commercial) zone located at 4204 Auburn Way North, within the City of Auburn, Washington, hereinafter described 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 May 16, 1995, at the conclusion of which the Hearing Examiner recommended the approval of the issuance of a Conditional Use Permit to allow a machine shop located at 4204 Auburn Way North, in a C-3 (Heavy Commercial) zone; and WHEREAS, the City Council, on June 5, 199!5, considered said request and affirmed the Hearing Examiner's decision for the issuance of a Conditional Use Permit to allow a machine shop located at 4204 Auburn Way North, in a C-3 (Heavy Ordinance No. 4751 June 14, 1995 Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 Commercial) zone based upon the following Findings of Fact and Conclusions, to-wit: The appl%cant, Ervin Wicklund, applies for a conditional us? permit. The permit would ~iIow for a machine shop, which ~ould produce small mach½ned parts. T~e machine shop %s 19,000 square feet in size and is now in operation in a larger existing complex located at 4204 Auburn Way North. The property is currently zoned C-3, Heavy Commercial. The C-3 zone of Section 18.30.030(c) allows for misce%laneous light manufacturing uses, subject to the granting of a conditional use permit. The applicant indicates that the machine shod produces s~al~ m~chlned parts. , These .parts are used -by the ~lshlng industry, the aircraft industry, and the transit 19dustry, whi9h includes replacement parts for wheelchair lifts, which is all located within the building. The Subject property's current zoning, C-3, Heavy Commercial, allows automobile rgpair ~S an outrigh~ permitted use. Automobile repair which is permittgd outright would include engine and transmission repair in addition to body work. These uses are frequently more intense and more of a nuisance factor than the subject proposal due to the. noise associated with these uses. The evidence establishes that the Planning Staff has lis~ted the operation .and noted, that noise, odors, and us= were no~ presen= or noticeable outside of the building and were insignificant within the building. T~e bu~ldin~ ~n ~hich the machine shop is located is part cz a zour-Dulld%ng complex all zoned Hea~ Commercial. Two of.th9 buildings ~ront on Au~u~p Way No~th and two of the buildings, including the building where the proposal is located, do not have frontage or exposure on Auburn Way North. Th9 parcel has 141 feet of frontage on Auburn Way North and is 690 feet deep. As a re~ul'~ of the lack of exposure to Auburn Way North, the building where the subject, proposal i~ located is .not conducive to a commgrclal or retail type operation, whi. ch typically require exposure.to a main arterial. There are a number of other commercial entgrprises within the other three buildings, including a sign company, a Ordinance No. 4751 June 14, 1995 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 17 18 20 21 22 24 25 2~ sheet metal contractor, a daycare, a dance studio, cafe, offices, and other services· At the time of the hearing, a neighbor. Wendi Belcheff, as to the expressed concerns . developm~n~ of the prgperty appearing not to be in accordance with the applicable Zoning Code. For example, she showed photographs ~epi~ing ~e property and inquired as to appropriate fencing aha/or screening. The applicant and the City responded that the building was constructed in accordance with_the ~pplicable regula%ions, in effect at the time of co~s~r~c~lon.. ~any o~ the witnesses~ complaints ~ere re%a=ea to a Dus~ness located in the adjacent build~nu. which is not part of the subject proposal~ -' CONCLUSIONS OF LAW me The Zoning Ordinance sets forth a series of criteria which must be established before a conditional use permit can be granted. The first of these criteria is that the use cannot have more of an adverse. ~ffect on ~he .health, safety, or comfort of persons living or working in the area than can a use permi%ted outright· The evidence establishes that since th~s use is conducted withi~ the building and is not a nuisance ~oncern~nq dust, noise, or odors that all the other buildings will not suffer an adverse affect, particularly considering other uses permitted outrigh~ within th~ C-3.zoning including auto repgir would be o£ a much. greaEer impact and would be permitted to operate partially outdoors· The proposal .~s accord wit~ the goals, policies, and objectives of ~ne Comprehensive Plan· lhe. pro~o~l complies with all th~ requirements of the onlng ora~nance, ~nce the buildings and the parking lots have been built to a commercial standar~ which 9omplies. with the ~oning Ordinance. The parking demand · s usually.~reater rot commercial uses than manufacturing uses· ParKing should not be a problem as several places were vacant and available. The buildings, are now construgted 9nd can be maintained to be harmonlou~ and app~op~late 1~ design, character, and appgaFance with the exlst%ng or intended character of the ¥1c%nlty. The proposal will not adversely affect the public infrastructure. Ordinance No. 4751 June 14, 1995 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 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 a machine shop located at 4204 Auburn Way North, is approved. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: 1. The above cited Hearing Examiner's Findings Conclusions, are herewith incorporated in this Seotion of Fact and Ordinance. Seotion ~. A Conditional Use Permit is hereby approved to allow a machine shop located at 4204 Auburn Way North in a C-3 (Heavy Commercial) zone, situate in the City of Auburn, County of King, State of Washington, and is legally described as follows: Lot 2 City of Auburn Short Plat No. SP-11- 87, Recording No. 8906080199 SD Short Plat being a Por SW 1/4 STR 31-22-05, King County, Seotion 3. operation, shall the building. 8eotion 4. this Ordinance State of Washington. All activities, including storage and continue to operate within the interior of Upon the passage, approval and publication of as provided by law, the City Cleric of the City of Auburn shall cause this Ordinance to be recorded in the office of the King County Auditor. Ordinance No. 4751 June 14, 1995 Page 4 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 Section 5. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 6. 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 ATTEST: CHARLES A. BOOTH MAYOR Robin Wohlhueter, City Clerk Mlcha 1 ~ City Attorney Ordinance No. 4751 June 14, 1995 Page 5 6T. Le'r A O-B c -5 PCL. ~ 4~ TH ST. NF S'/,104-. c-5