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ORDINANCE NO. 4 1
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AN ORDINAMCp OF THE CITY OF AUBURN, WASHINGTON, P
ROVIDING FOR A
CONDITIONAL
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USE PERU ON PROPERTY ZONED C-1, LOCATED AT
1112 AUBURN WAY
NORTH
WITHIN THE CITY OF AUBURN,
WASHINGTON.
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WHEREAS, a petition dated September 22, 1986, together with site plans
therefor, has been submitted to the City of Auburn, Washington, by Mr. and
Mrs. George Lyden, requesting a Conditional Use Permit on property zonal C-I
(Light Commercial), to allow a used automobile dealership located at 1112
Auburn Way North, within the City of Auburn, Washington. hereinafter described
in Section 2 of this Ordinance, which property presently carries a.C-1 (Light
Commercial)classification; 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 October 21, 1986, at 7:30 P.M., at the conclusion of which the
Hearing Examiner recommended approval of the issuance of a Conditional Use
Permit on property zoned C-I (Light Commercial) based upon the following
Findings of Fact and Conclusions, to-wit:
FINDINGS OF FACT
1. Comprehensive Plan Findings:
A.. Cord wisi Ve Plan Map Designations: The site is designated as a
7,enera ommercT~T aR IT, use iii ca ti on by the Li ty's
Comprehensive Plan Map. (Plan Map)
The site is located adjacent to a developed easterly single family
residential neighborhood which is classified as Single Family Land
Use by the City's Comprehensive Plan Map and identified as a
Designated Single Family Neighborhood by the City's Comprehensive
Plan. (Map B)
B. General Commercial Purpose: To create people oriented commercial
areas to supp yaw a range of general commercial services to area
residents. (pp. 89)
32 Ordinance No. 4174
Page One
11/12/06
I C. General Commercial o scripti on: This category represents the prime
comercia T-~;gna[io smail to moderate scale commercial activi-
2 ties. These commercial areas should be developed in a manner which
is consistent with and attracts pedestrian oriented activities. The
3 ambiance of such areas should encourage leisure shopping and should
11 provide amenities conducive to attracting shoppers. (pg 90)
4
0. Commercial Land Use and oevelo ent Policies:
5 : lo area a vanety o a V14 w ndM1 provide
the full range of commercial services ces ommmuunit ty and region in
6 a manner which reduces conflicts between the the c cen different types of commer-
cial activities. (pg 61)
OBJECTIVE ly travelled To encourage the appropriate use of areas adjacent to
0 8 heavily travelled arterials While ml nimfzing land use and traffic
p conflicts by managing the continued ni development of
arterials in a manner er which minimizes traffic and
p 9 existing commerical
land use se conflnflitscts. . (pg 64)
X10
E. Residential Land Use and Development Policies:
11 ! o protect a viable single family residential neighborhoods
~p from intrusions by incompatible uses. (TO 54)
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POLICY A.5:: Limited commercial uses may be carefully permitted,
13 only with appropriate conditions, by means of Conditional Use Permits
in certain circumstances: (p9 55)
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A. Along the border of designated neighborhoods;
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B. In specific areas where site specific concerns may limit the use
of the site for residential uses;
16 C. Along arterials transecting designated single family
19 neighborhoods.
POLICY 2: The Conditional Use procedure should be used to ensure that
18
new uses are no more disruptive to existing uses than is reasonably
19 necessary. (pg 5])
20 2. The site is zoned C-1 by the City's Zoning Ordinance as are all properties
located on the east side of Auburn Way North between 10th and 12th Streets'
21 N.E.
22 3. Automobile sales, new and/or used, including light pick-up trucks and vans
but not including recreational vehicles or heavy trucks are uses requiring
23 a Conditional Use Permit per provisions of Section 18.28.040 of the Auburn
Zoning Ordinance (AZO). Such uses must meet the intent of five require-
24 menns as. specified by Section 18.28.040(L), AZO.
25 4. The applicants had previously filed an application for rezone of the site.
from C-1 (Light Commercial) to C-3 (Heavy Commercial) to allow a used car
26 dealership as a permitted use. As recommended by City staff and the
Planning Commission, the City Council denied the request (Application No
29 2]-86). Concerns of the proposed rezone included it's inconsistency with
the proposed General Commercial Land Use Classification of the Draft
28 Comprehensive Plan (Adopted August 18, 1986), potential impacts to the
easterly residential neighborhood, creation of a spot zone, and allowing
29 for heavy commercial and outdoor commercial activity in an area zoned !
exclusively as Light Commercial and only allowing indoor activities.
30 5. The City Council had instructed staff to prepare an Ordinance amendment
31 for consideration which would allow new and used automobile sales as a
conditionally permitted use with the C-1 District. This amendment was
32 adopted by the Council on October 6, 1986.
Ordinance No. 4174
ilk
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6.
The site is located adjacent to and provided access from Auburn Way North
which is designated as a Planned Arterial by the City's Comprehensive Plan
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Arterial street plan. Pursuant to Ordinance 3866, driveways shall conform
to commercial driveway standards for arterial roadways with a minimum
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width of 29 feet.
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7.
The site does not presently have an on-site storm drainage system.
Pursuant to Ordinance 3314, a storm drainage system shall be designed and
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constructed with ten year discharge and storage capacity.
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S.
The site presently uses an on-site septic system for effluent control and
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is not served by sanitary sewer services. Pursuant to Section 13.20.170,
ACC, any building expansion will require sanitary sewer extension and con-
section to the site. No expansion of the existing structure is propose
d.
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D.
Because the site is in proximity to an easterly Designated Single Family
g
Neighborhood, special attention to use and development of the site should
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be considered. If. properly conditioned, the proposed use will be con-
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sistent with provisions of the City's Comprehensive Plan.
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10.
Section 18.70.030, Permit - Issuance Conditions, AZO, states that "No
Conditional Use Permit smrt s a'e sue d except upon a finding that the pro-
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posed use will have no more adverse effect on the health, safety or com-
fort of the persons living or working in the area, and will be no more
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injurious, economically or otherwise, to property or improvements in the
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surrounding area, than would any use generally permitted in the district."
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11.
Section 18.58.020, Required Off-Street Parking - Minimum Standards, AZO,
-
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requires one space per 5
Qd ar6 set o1
otpoo les area, one space
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per 1000 square feet of showroom and services facilities, and one space
per each 250 square feet of office area, with a minimum of six spaces pro-
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vided. Outdoor sales area shall be paved and landscaped per Ordinance
provisions. As proposed, the use would require a minimum of six stalls as
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indicated on the proposed site plan. Existing outdoor display area is
shown as paved.
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12.
Section 18.58.030, Vi e Screenin AZO, requires a minimum of a five-foot-
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wide planting area ngthe entire street frontage except for driveways
and pedestrian walks within the property.
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S.
The proposed site plan indicates an easterly 190' grass and tree buffer in
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which no use is intended.
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14.
Section 1828.040(L), Uses Requiring Londi ti onal Use Permit, AZO, ides-
R
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tifies five requirements wfi c musif~t be met i
to approve the pro-
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posed Conditional Use Permit. An analysis of these requirements is as
follows:
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A. The business shall be located on a major arterial as defined by the
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City of Auburn Traffic Plan.
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Auburn Way North adjacent to the site is designated as a major
arterial by the Auburn Traffic Plan.
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B. No repairing, painting, or body work, shall be conducted outside of a
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building.
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Within the application, the applicant has indicated that no such work
will be conducted outside of a building.
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L If adjacent to a "R" zone, a sight obscuring fenca,or, l;andsfiaped ,
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screen shall be required. I- u
rd
inance 4174
'
age Three
1/
12/86
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An on-site inspection shows that the existing easterly vegetation
provides a sufficient sight obscuring landscaping screen from
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easterly residential properties. In addition, staff has recommended
a condition which prohibits removal of the existing vegetation
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without prior consent of the Planning Director.
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D. A minimum of a 25 foot Setback shall be required of any building from
any "R" zone.
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As indicated on the site plan and vicinity map, all existing building
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structures comply with this setback.
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E. Other landscaping or architectural improvements may be required to
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ensure compatibility with present and potential C-I uses in the
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vicinity.
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Staff has recommended conditions to implement this provision.
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CONCLUSIONS OF LAN
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1. The newly enacted City of Auburn Comprehensive Plan contains goals and
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policies to guide development in the City of Auburn.
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2. The Comprehensive Plan seeks to create a variety of commercial environ-
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ents which will provide commercial services to resider Is ofAuburn while
voiding unnecessary impacts an arterials and less intense uses.
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3. Further, the Comprehensive Plan seeks to protect all viable single family
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residential neighborhoods from intrusions by uses which may be incom-
patible.
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4. Special care must be taken to ensure that this commercial use will not
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adversely impact the single family residential neighborhood to the east.
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5. The Auburn Zoning Ordinance at Section 18.70.030 sets forth the criteria
of a Conditional Use Permit. Further, the Auburn Zoning Ordinance at
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Section 18.28.040(L) sets forth five further requirements for automobile
sales.
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6. The applicant has established, by a preponderance of the evidence, that
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the proposed Conditional Use will have no more adverse effect on the
health, safety or comfort of the persons living or working in the area,
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and will be no more injurious, economically or otherwise to property
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improvements in the surrounding area than would any other use generally
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permitted in the district.
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Z. There a a number of uses which are permitted outright in the C-1
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district enumerated in the Auburn Zoning Ordinance at Section 18.28.020
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which would have a much greater impact on the surrounding vicinity, for
example, bus passenger terminals, department stores, and drinking
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establishments to name a few.
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8. The applicant proposed to comply with all of the requirements of Section
18.28.040(L) of the Auburn Zoning Ordinance and the conditions recommended
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by staff will ensure the compliance for this Section.
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Ordinance No. 4174
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Page Four
11/12/86
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For each of the above referenced reasons, the recommendation of the
searing Examiner to the Auburn City Council on this application for a
onditional Use Permit is conditional approval, subject to the following
conditions:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO
MAIN AS FOLLOWS:
Section 1. The above cited Hearing Examiner's Findings of Fact and i
:conclusions, are herewith incorporated in this Ordinance.
Section 2. A Conditional Use Permit on property zoned C-1 (Light
lommercial) be granted to allow a used automobile dealership, in accordance
with the site plans for said development submitted with the request far a
;onditional Use Permit on property zoned C-1 (Light Commercial), a copy of
vhich is attached hereto, designated as Exhibit "A" and by this reference made
i part hereof as though set forth in full herein, located on property located
it 1112 Auburn Way North, situate in the City of Auburn, County of King, State
if Washington, and legally described as follows, to-wit:
Lots 8, 9, & 12, Block 15, C.D. Hillmans Auburndale Division k2
as recorded in Plats, Vol. 13, Ng 92,. of King County Records. Less
the North 106.66 feet, situated in Section Two 21 N, R 5 EWM.
City of Auburn, County of King, State of Washington.
Section 3. No expansion of the use shall occur beyond the westerly 80
'act paved parking area indicated on the submitted site plan.
Section 4. No removal or alteration of vegetation shall occur within the
asterly 190 feet of the site without prior authorization of the Auburn
9anning Director.
Section 5. Landscaping, exterior lighting, and
parking plans shall be
ubmitted for approval by the City and installed in accordance with the
pproved plans prior to issuance of a Business License.
Section 6. The landscaping plan shall be designed to include a six foot
ight obscuring fence or hedge, reduced to 42" within the westerly 20 feet of
he site, for a distance of 90 feet along the north and south property lines.
rdinance No. 4174
In addition, the Plan shall include a five foot wide planting area along the
21 entire street frontage except for driveways and pedestrian walks within the
3 property.
4' Section 7. Use and development of the site shall be in compliance with
O 5 all Planning, Engineering, Building and Fire Codes and Regulations prior to
6
9 issuance of a Business License.
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~ Section S. These conditions shall be implemented to the satisfaction of
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JJ 8 the Planning Director within 90 days of the effective date of this approval.
9 Failure to comply with this condition will result in abatement of the use from
10 the site.
11 Section 9. Upon the passage, approval and publication of this Ordinance
12 as provided by law the Legal Department for the City of Auburn shall cause
13 this Ordinance to be recorded in the office of the King County Auditdr.
14 Section lo. The Mayor is hereby authorized to implement such administrd-
15 tive procedures as may be necessary to carry out the directions of this
16 legislation.
17 Section 11. This Ordinance shall take effect and be in force five (5) days
18 from and after its passage, approval and publication, as provided by law.
19
20 INTRODUCED: NOVEMBER 17, 1986
21 PASSED: NOVEMBER 17, 1986
22 APPROVED: N0VEM 6R 11986
23
24
I 0
25 ATTEST:
26 Nr'iNidV 1.~7Pbl~,(~/
27 ~E,Uy Merl
28 ' APPR D T OR
i
29
30 City ttorney
31
PUBLI54EU: NOVFMRFR 23, IM
32 -
Ordinance Na. 41]6
Page Six
11/12/86
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STATE OF WASHINGTON)
) ad.
COUNTY OF RING )
I, Robin Woh1huzter,-t1he'gyl,y..-apDointed, qualified City
Clerk of the c tk dP'IvCvY 'Municipal' Corporation and
Code City, 6LCaaR h'.LTe COUntpgf King, State of
W h vg[g}yye3x tq;oy'certify, that the foregoing is a full,
-ffiuE aA21 aTrAdY "copy of. Ordinance No, 4174 of-the'
a;n4noes -af the'City of Auburn, entitled "AN ORDINANCE."
++nhoa
'e3a CYtify xn c said Ordinance NO. 4174 was awry passes
rn
ry Y'F 4~~ 6n6 y~.yy.,i♦l itd Ap'$Tpvod by the Mayor of the said City of
jAub e?Che 17th day of November
aw
04
ba Nf
I f° p CMEi. ,that said Wdina g, No, 4174 Was
iNe I • -
published 0 Aif is ~xiry 38W r-Y.qy ;valley Da ady-News, a
daily newspaptF" bli shed i the City f $ybura, and of
general cireul tl<fh "e*-tixe123Td,day of November,
A.D.. 1986.
Witness my hand and the official seal of the City Of
Auburn this May 19, 1990, A.D.
M1 W
Robin n Wahl Wohlhuetei
City Clerk
City of Auburn
vc macr n.." n..n,..n e xMlaoo9 %nRl Mlinno