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F AU~'g'~OEIVED THIS DAY
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n, WA 98001
JUL 19 9
/5
ORDINANCE NO. 4 8 6 ~
~'~ ORD'r~'CE OF TH~ c'r?¥ OF AEE~E~N, WASHTNGTON, PROVIDING FOR
A CONDI?ION~L USE ?E~MIT TO ALT,OW ?H~. CONS~RUCTTON O~ A DRIVE-
IN RESTAURANT ON PROPERTY ZONED CN (NEIGHBORHOOD COMMERCIAL)
LOCATED AT 3224 AUBURN WAY SOUTH, WITHIN THE CITY OF AUBURN,
WAS H I NGTON.
WHEREAS, Application No. CUP0006-95 dated May 5, 1995,
together with site plans therefore, has been submitted to the
City of Auburn, Washington, by THOMAS BUCKLEY, requesting a
Conditional Use Permit to allow for the construction of a
drive-in restaurant in a CN (Neighborhood Commercial) zone
located at 3224 Auburn Way South, within the City of Auburn,
Washington, hereinafter described in Section 2 of the
Ordinance; and
W~EREAS, said request above referred to, was referred to
and
review,
Council
the
the
to allow
the Hearing Examiner for study and public hearing thereon;
WHEREAS, the Hearing Examiner, based upon staff
held a public hearing to consider said petition in the
Chambers of the Auburn City Hall, on April 16, 1996, at
conclusion of which the Hearing Examiner recommended
approval of the issuance of a Conditional Use Permit
Ordinance No. 4863
May 10, 1996
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for the construction of a drive-in
(Neighborhood Commercial) zone; and
WHEREAS, the City Council, on May
said request and
the issuance of a
construction of a
Commercial) zone,
Way South, within
the following Findings of Fact and Conclusions,
restaurant in a CN
6, 1996, considered
affirmed the Hearing Examiner's decision for
Conditional Use Permit to allow for the
drive-in restaurant in a CN (Neighborhood
located on property situated at 3224 Auburn
the City of Auburn, Washington, based upon
to-wit:
The applicant, Andres Canenas, applies for a conditional
use permit to allow the construction of an 82 seat
restaurant containing a drive-in window.
The subject property is located at 3224 Auburn Way South
and is currently vacant. The property is zoned CN,
Neighborhood Commercial, and the subject zoning requires
a conditional use permit if a restaurant has a seating
capacity of more than 25. In addition, the conditional
use permit is required for a drive-in window.
This zone is intended to provide for commercial uses
which serve a limited neighborhood area. The conditional
use permit review process is intended to regulate the
compatibility of the use with the neighborhood.
Ordinance No. 4863
May 10, 1996
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4 o
Surroundin9 zoning and land uses in the vicinity include
R-4, vacant, to the north; CN, commercial, to the south;
CN, vacant, to the east; and CN, commercial, to the west.
The Comprehensive Plan designates the subject site for
neighborhood commercial uses, and land located in all
directions contains a similarly Comprehensive Plan
designation except for property to the north which is
designated for multiple family uses.
The site is located on Auburn Way South which is a
heavily traveled major arterial. The vacant structure
currently on the property is an eyesore.
The applicant is proposing to remodel and add to the
existing structure. When finished, the restaurant will
be 3,000 square feet in area and will have 31 on-site
parking spaces.
The subject property is 32,942 square foot lot which is
part of a four lot short plat. All four lots have access
from Auburn Way South along a common access.
A Mitigated Determination of Non-Significance containing
12 conditions of approval has been issued addressing
storm drainage, erosion control, and traffic.
CONCLUSIONS OF LAW
The permit may be approved if it is consistent with
criteria set forth in the Zoning Ordinance for the
granting of a conditional use permit.
The first criteria is that the use have no more of an
adverse effect on the health, safety, or comfort of
persons living or working in the area than would a use
generally permitted in the district. Given its location,
the proposal will not have an adverse effect upon the
area. The proposal will replace an abandoned structure
Ordinance No. 4863
May 10, 1996
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and will ensure a coordinated access to the major
arterial.
The Comprehensive Plan illustrates this area to be
appropriate for uses such as this one. Accordingly, the
proposal complies with the 9oals, policies, and objectives
of the plan.
The proposal complies with all requirements of the Zoning
Ordinance.
The application contains drawings of buildin~ elevations
which ensure that it will be compatible with the
neighborhood.
The proposal will not adversely affect the public
infrastructure since traffic improvements have been
required as a result of the Mitigated Determination of
Non-Significance.
For each of the above referenced reasons, the
recommendation of the Hearin~ Examiner to the Auburn City
Council on this Conditional Use Permit to allow the
construction of a drive-in restaurant in a CN (Neighborhood
Commercial) zone, located on property situated at 3224 Auburn
Way South, is approved.
NOW, THEREFORE, THE CITY COUNCIL OF THE
WASHINGTON, DO ORDAIN AS FOLLOWS:
CITY OF AUBURN,
Ordinance No. 4863
May 10, 1996
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of Fact and Conclusions,
Ordinance.
to allow the construction
(Neighborhood Commercial)
at 3224 Auburn Way South,
The above cited Hearin9 Examiner's Findings
are herewith incorporated in this
Permit
of a drive-in restaurant
zone, located on property
within the City of Auburn,
Kin9, State
Exhibit "A",
full herein.
A Conditional Use
of Washington, legally described on
and made a part hereof as though set
Upon the passage,
is hereby approved
in a CN
situated
County of
attached
forth in
this Ordinance as provided by law,
of Auburn shall cause this Ordinance
office of the Kin9 County Auditor.
~. The Mayor is hereby authorized
such administrative procedures as may be
out the directions of this legislation.
approval and publication of
the City Clerk of the City
to be recorded in the
to implement
necessary to carry
~9_c~. 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. 4863
May 10, 1996
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INTRODUCED:
PASSED:
APPROVED:
CHARLES A. BOOTH
MAYOR
ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
~~nolds,
City Attorney
PUBLISHED:
Ordinance NO. 4863
May 10, 1996
Page 6
LEGAL DESCRIPTION
Lot 1
THAT PORTION OF THE EAST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER AND OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 21 NORTH, RANGE
5 EAST, W,M., KING COUNTY WASHINGTON, LYING SOUTH OF A LINE DRAWN PARALLEL WITH AND
250.00 FEET NORTH, WHEN MEASURED AT RIGHT ANGLES, OF THE NORTH MARGIN OF PRIMARY
STATE HIGHWAY NO. 5 (AUBURN WAY SOUTH):
EXCEPT THE WEST 125.00 FEET OF SAID EAST HALF: AND
EXCEPT THAT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M.
KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EAST LINE OF SAID WEST HALF WITH THE NORTH MARGIN
OF PRIMARY STATE HIGHWAY NO. 5 (AUBURN WAY SOUTH): THENCE N 89 DEGREES, 43' 51" W,
ALONG SAID MARGIN, A DISTANCE OF 50.00 FEET: THENCE N 00 DEGREES 46' 31" E. PARALLEL WITH
SAID EAST LINE OF THE WEST HALF, A DISTANCE OF 205.01 FEET: THENCE N 67 DEGREES 24' 34" W, A
DISTANCE OF 118.48 FEET TO A POINT ON A LINE DRAWN PARALI' EL WITH AND 250.00 FEET NORTH OF
SAID STREET MARGIN: THENCE S 89 DEGREES 43' 51" E, ALONG SID LINE. A DISTANCE OF 160.00
FEET TO A POINT ON SAID EAST LINE OF THE HEREINBEFORE DESCRIBED SUBDIVISION: THENCE S 00
DEGREES 40' 31" W. ALONG SAID EAST LINE. A DISTANCE OF 250.01 FEET TO THE POINT OF
(~BEGINNING.
Ordinance No. 4863
Exhibit "A"