The URL can be used to link to this page

Home My WebLink About5513n 0 Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 KLUUKUER'S COVER SHEET Document Title(s) (or transactions contained therein) - ORD 5513 (CUPOO-0006) herein):ORD5513(CUP00-0006) ql)& `pAjw-r uj-83$2-/2 Reference Number(s) of Documents assigned or released: ❑Additional reference #'s on page of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) CITY OF AUBURN Grantee/Assignee/Beneficiary: (Last name first) AUBURN BUSINESS PARK Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) SW 6-21-5 ® Additional legal is on page 8 & 9 of document. Assessor's Property Tax Parcel/Account Number Said docurnoM(s) won f Nd for M N/A oord by P&cAc North*,W Tft as 11"odaWn orgy. N hee not been ❑ Assessor Tax # not vet assionnd ORDINANCE NO. 5 5 1 3 AN ORDINANCE OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT FOR AUTO SALES FOR AUBURN BUSINESS PARK ON PROPERTY ZONED M-2 (HEAVY INDUSTRIAL) LOCATED AT 3530 "C" STREET NE, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application No. CUP00-0006 dated December 13, 2000 was submitted to the City of.Auburn, Washington, by Auburn Business Park for a Conditional Use Permit for auto sales in the M-2, (Heavy Industrial), located at 3530 "C" Street NE, within the City of Auburn, Washington, hereinafter w described below and as identified on Exhibit "A" attached hereto and incorporated in this Ordinance by this reference; and 41:1 1�.. WHEREAS, said request above referenced 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 17, 2001 at the conclusion of which the Hearing Examiner recommended the approval of the issuance of a Conditional Use Permit to allow Auburn Business Park a tenant to sell passenger cars to the general public located at 3530 "C" Street NE on property zoned M-2 (Heavy Commercial), within the City of Auburn, Washington; and ---------------------- Ordinance 5513 February 15, 2001 Page 1 WHEREAS, the City Council, on February 5, 2001, considered said request and affirmed the Hearing Examiner's decision for the issuance of a Conditional Use Permit to allow Auburn Business Park a tenant to sell passenger cars on property located at 3530 "C" Street NE zoned M-2 (Heavy Commercial) within the City of Auburn, Washington, based upon the following Findings of Fact and Conclusions of Law and Decision, to -wit: FINDINGS OF FACT 1. The owner, Auburn Business Park, of the property located at 3530 "C Street NE has requested that one of its tenants be allowed to sell passenger cars at retail to the general public. The subject property is zoned M-2, Heavy Industrial, and pursuant to Section 18.34.040(6) of the Auburn Zoning code retail sales of automobiles may be allowed if a conditional use permit is approved by the City. N 2. The subject proposal is to be located within a multi tenant building that is about 18,000 square feet in size and contains a variety of office, manufacturing and warehouse uses. The subject proposal will be located 0 in a tenant space that is about 3,600 square feet in size. 3. The owners of the car sales business have indicated that a majority of their business is wholesale trade of automobiles. Wholesale trade is an outright p permitted use in the M-2 zone. The retail trade of the vehicles does require C'v the conditional use permit, and the owners have indicated that about 10 cars would be sold at retail during any one month. 4. The owners have indicated that all vehicles for sale, including the vehicles for wholesale trade, are to be kept in the building. 5. The owner of the business has also indicated that there will be no washing or detailing of the vehicles on the site. If this were to occur, the applicant needs to have a drain system connected to the sanitary sewer and not drain to the storm water drainage system. Ordinance 5513 February 15, 2001 Page 2 The contents of the case file, #CUP00-006, of this project are hereby incorporated by reference and made part of the record of this hearing. CONCLUSIONS OF LAW The undersigned has concluded that the permit may be approved in that it is consistent with the following criteria necessary to grant the permit as outlined in Section 18.64.040 of the Zoning Ordinance. 1. The use will have no more adverse effect 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 or improvements in the surrounding area, than would any use generally permitted in the district. The relatively small scale of the retail portion of the business will not cause any adverse effects upon any of the adjoining uses. This is not a typical used car lot in that all vehicles are within a building and there will be minimal traffic from the general public. The nature of this business should not N interfere with the industrial character of the area. LO c�, 2. The proposal is in accordance with the goals, policies and objectives of the �} Comprehensive Plan. `J Policy LU -108a speaks to allowing commercial uses within industrial areas. r- 3. The proposal complies with all requirements of the Zoning Ordinance. 0 The application meets or is capable of meeting all applicable Zoning Code requirements. 4. 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. There will be no changes in the building or lot that would be inconsistent or inappropriate with the existing character of the established heavy industrial uses in the area. Ordinance 5513 February 15, 2001 Page 3 ___ 5. The proposal will not adversely affect the public infrastructure. There is no indication that the public infrastructure will be affected. DECISION For each of the above reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this conditional use permit application is approval, subject to the following conditions: 1. All vehicles for sale shall be within the building at all times. 2. There shall be no washing of vehicles on site unless an approved drain system, pursuit to the requirements of Section 6.06.4 entitled Oil/Water Separators of the Design and Construction Standards Manual, is connected to the sanitary sewer system. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS Section 1. Purpose. The above cited Hearing Examiner's Findings of Fact and Conclusions of Law and Decision, are herewith incorporated in this N Ordinance. Section 2. A Conditional Use Permit is hereby approved to allow for a tenant at Auburn Business Park to sell passenger cars on property zoned M-2 (Heavy Commercial) located at 3530 "C" Street NE and identified on Exhibit "A" attached hereto and incorporated in this Ordinance by this reference in the City of Auburn, County of King, State of Washington. Ordinance 5513 February 15, 2001 Page 4 Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Recording. 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. Section 5. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 6. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided z� by law. Ordinance 5513 February 15, 2001 Page 5 ATTEST: Darn !le E. Daskam `n City Clerk c. cry C-1 APPROVED AS TO FORM: Michael J. Reynolds City Attorney PUBLISHED:.V o? S � Ordinance 5513 February 15, 2001 Page 6 INTRODUCED: February 20, 2001 PASSED: February 20, 2001 APPROVED: February 20, 2001 Id CHARLES A. BOOTH MAYOR umy vcww. POSTED/PUBLISHED: January 3, 2001 t.a I G i ST TH W 41. 3 n I s Ordinance 5513 Exhibit A Page 1 HEWP\CUP00-6 of v Y •3 p" -3 _ � a G t U Lot 2, City of Auburn Short Plat number SP -14-76, recorded under recording number 7608130589, in Ring County, Washington. Ordinance 5513 Exhibit A Page 2