HomeMy WebLinkAbout5751Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
20030714002717
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RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
Conditional Use Permit (ORD 5751)
Reference Number(s) of Documents assigned or released:
FIAdditional reference #'s on page of document
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
Auburn, City of
Grantee/Assignee/Beneficiary: (Last name first)
1. Hallissey, Ron
~~Legal Description __~(abbreviated: mi'e' lot, block, plat or section, township, range)
That portion of the NW quarter of the NW quarter of Section12, Twp 21 N, Range 4 E
I [] ^dditional legal is on page 0 of document.
IAssessor's Property Tax Parcel/Account Number
122104-9035-07
[] Assessor Tax # not yet assigned
ORDINANCE NO. 5 7 5 1
AN ORDINANCE OF THE CITY OF AUBURN, KING COUNTY,
WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT
TO ALLOW FOR AN INDOOR GO-CART TRACK IN AN EXISTING
BUILDING ON PROPERTY ZONED M-1 (LIGHT INDUSTRIAL),
LOCATED AT 2302 WEST VALLEY HIGHWAY NORTH, BUILDING
B, SUITE 100, LOCATED WITHIN THE CITY OF AUBURN,
WASHINGTON.
WHEREAS, Application No. CUP03-0001 dated January 27, 2003, was
submitted to the City of Auburn, Washington, by Vern Benson as agent for Ron
Hallissey, property owner for a Conditional Use Permit for property zoned M-1 (LIGHT
INDUSTRIAL), located at 2302 West Valley Highway North, Building B, Suite 100,
within the City of Auburn, Washington, hereinafter described below and as identified on
Exhibit "A" attached hereto and incorporated in this Ordinance by this reference; and
WHEREAS, said request above referenced was referred to the Heating
Examiner for study and public heating thereon; and
WHEREAS, the Heating Examiner, based upon staff review, held a public
hearing to consider said petition in the Council Chambers of the Auburn City Hall, on
February 19, 2003, and the Heating Examiner recommended approval of the application
on March 10, 2003.
Ordinance 5751
March 19, 2003
Page 1
WHEREAS, the City Council, on March 17, 2003, considered said request and
affirmed the Heating Examiner's decision for the issuance of a Conditional Use Permit
to allow an in-door go-cart track in an existing building on property located at 2302
West Valley Highway North, Building B, Suite 100, zoned M- 1 (Light Industrial) within
the City of Auburn, Washington, based upon the following Findings of Fact and
Conclusions of Law and Decision, to-wit:
FINDINGS OF FACT
Veto Benson as agent, leaser and operator has applied for a conditional use permit
to allow an indoor motorized go-cart track within an existing industrial building.
Ron Hallissey of the RJ Hallissey Company Inc., as agent for Guardian Life
Insurance, owns the building and site. The requested use is proposed for 2302
West Valley Highway North, Building B, Suite 100. The property is zoned MI,
Light Industrial.
The MI, Light Industrial district under the provisions of Auburn City Code (ACC)
Section 18.32.040(C), allows for commercial recreation uses if a conditional use
permit is secured.
o
The subject property is 13.8 acres in size and developed with two, multiple-tenant,
light industrial buildings. Each building contains a variety of tenants. The
applicant proposes to occupy the northern portion of the building formerly occupied
by Bowman Distribution. The building area consists of approximately 40,958
square feet of warehouse on a single level and approximately 5,828 square feet of
office space divided between two floors. The site is developed with 126 parking
spaces shared among the two buildings and the various tenants. There are 31
parking spaces available immediately adjacent to the subject tenant space.
The former warehouse portion of the building would be used for the indoor,
motorized cart track and for a spectator viewing area. Vehicle tires and ABS
plastic would be placed in curvilinear pattern to form the edges of a looped track on
the concrete floor. The viewing area would be constructed and separated from the
Ordinance No. 5751
March 19, 2003
Page 2
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10.
11.
track area by installation of 1-1/4" welded metal railings on the warehouse floor
within approximately 20 feet of the former office area. The first floor of the former
office space is proposed for a customer waiting and sign-in area. The second floor
office space would be used for business offices as well as meeting rooms for use by
customers.
The motorized go-carts measure approximately six feet long by five feet in width
and are equipped with a 6.5 horsepower gas powered motor. The vehicles are
equipped with mufflers and catalytic converters. The applicant indicates that 10-12
customers would operate carts on the track at time. The minimum age for
customers is 15 years and a cUstomer must be a minimum height of 60 inches.
The applicant indicates he would have a total number of 15 employees and expects
that five employees would be at the site during the typical operation of the business.
The business owner operator has a comparable business in the City of Enumclaw.
The proposed business will be required to obtain a building permit for the business
location. The building permit is required due to the change in occupancy within the
building and will address the project's consistency with uniform code requirements
and City construction standards. In particular, it will address exiting requirements,
any necessary building modifications resulting from the change in the occupancy
classification, and ventilation requirements.
The proposed business will be required to obtain a City business registration prior
to conducting business at the subject location.
The applicant discussed the issues relating to noise in response to the Heating
Examiner's questions. Photographs of the business in Enumclaw establish a fun,
family oriented operation.
The contents of the case file, CUP03-0001, for this project are hereby incorporated
by reference and made part of the record of this hearing.
Ordinance No. 5751
March 19, 2003
Page 3
CONCLUSIONS OF LAW
Vem Benson as agent, leaser and operator has applied for a conditional use permit
to allow an indoor motorized go-cart track within an existing industrial building.
Ron Hallissey of the RJ Hallissey Company Inc., as agent for Guardian Life
Insurance, owns the building and site. The requested use is proposed for 2302
West Valley Highway North, Building B, Suite 100. The property is zoned M1,
Light Industrial.
The M1, Light Industrial district under the provisions of Auburn City Code (ACC)
Section 18.32.040(C), allows for commercial recreation uses if a conditional use
permit is secured.
The subject property is 13.8 acres in size and developed with two, multiple-tenant,
light industrial buildings. Each building contains a variety of tenants. The
applicant proposes to occupy the northern portion of the building formerly occupied
by Bowman Distribution. The building area consists of approximately 40,958
square feet of warehouse on a single level and approximately 5,828 square feet of
office space divided between two floors. The site is developed with 126 parking
spaces shared among the two buildings and the various tenants. There are 31
parking spaces available immediately adjacent to the subject tenant space.
The former warehouse portion of the building would be used for the indoor,
motorized cart track and for a spectator viewing area. Vehicle tires and ABS
plastic would be placed in curvilinear pattern to form the-edges of a looped track on
the concrete floor. The viewing area would be constructed and separated from the
track area by installation of 1-1/4" welded metal railings on the warehouse floor
within approximately 20 feet of the former office area. The first floor of the former
office space is proposed for a customer waiting and sign-in area. The second floor
office space would be used for business offices as well as meeting rooms for use by
customers.
The motorized go-carts measure approximately six feet long by five feet in width
and are equipped with a 6.5 horsepower gas powered motor. The vehicles are
equipped with mufflers and catalytic converters. The applicant indicates that 10-12
customers would operate carts on the track at time. The minimum age for
customers is 15 years and a customer must be a minimum height of 60 inches.
Ordinance No. 5751
March 19, 2003
Page 4
6. The applicant indicates he would have a total number of 15 emplOyees and expects
that five employees would be at the site during the typical operation of the business.
7. The business owner operator has a comparable business in the City of Enumclaw.
The proposed business will be required to obtain a building permit for the business
location. The building permit is required due to the change in occupancy within the
building and will address the project's consistency with uniform code requirements
and City construction standards. In particular, it will address exiting requirements,
any necessary building modifications resulting from the change in the occupancy
classification, and ventilation requirements.
9. The proposed business will be required to obtain a City business registration prior
to conducting business at the subject location.
10.
The applicant discussed the issues relating to noise in response to the Hearing
Examiner's questions. Photographs of the business in Enumclaw establish a fun,
family oriented operation.
11. The contents of the case file, CUP03-0001, for this project are hereby incorporated
by reference and made part of the record of this hearing.
DECISION
Based upon the application and Findings of Fact and Conclusions of the staff report, the
Hearing Examiner recommends to the City Council approval of the conditional use
permit request subject to the following conditions:
Prior to the issuance of a business registration, the applicant shall apply for and
secure Building and Fire Department approvals necessitated by the change in use of
the building area.
Any alteration to the exterior appearance of the building except signage, such as for
the installation of ventilation and screen walls within the dock-height overhead door
openings, shall use materials similar in appearance and color to the existing exterior
building materials. A plan demonstrating compliance shall be submitted to the
Planning Director for review and approval prior to issuance of building permits.
Ordinance No. 5751
March 19, 2003
Page 5
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as Follows:
Section 1. Purpose. The above-cited Heating Examiner's Findings of Fact and
Conclusions of Law and Decision, are herewith incorporated in this Ordinance.
Section 2. A Conditional Use Permit is hereby approved to allow for a go-cart
track in an existing building on property zoned M-1 (Light Industrial) located at 2302
West Valley Highway North, Building B, Suite 100. 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.
Section 3. Severabili~,. 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.
Ordinance No. 5751
March 19, 2003
Page 6
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 by law.
INTRODUCED:
PASSED:
APR - ? 2003
APR - ? 2003
APPROVED: APR - 7 2003
PETER B. LEWIS
MAYOR
ATTEST:
Dar~elle E. Daskam
City Clerk
APp ORM:
Darnel B el
City Attomey
PUBLISHED:
Ordinance No. 5751
March 19, 2003
Page 7
LEGAL DESCRIPTION
That portion of the northwest quarter of the northwest quarter of Section 12, Township
21 North, Range 4 East, W.M.; in King County, Washington, described as follows:
Commencing at the northwest corner of said northwest quarter; thence south 86o21'31"
east along the north line of said northwest quarter 562.39 feet to the TRUE POINT OF
BEGINNING; thence south 3o38'29" west 421.00 feet; thence north 86°21'31'' west
508.35 feet to the east line of the west 36.00 feet of said northwest quarter; thence south
1°11'27" west along said east line 60.06 feet; thence south 86°21 '31" east 500.46 feet to
the east line of the west 536.00 feet of said nodhwest quarter; thence south 1°11'27"
west along said east line of the west 536.00 feet a distance of 779.26 feet to the north
line of the south 60 feet of said northwest quarter of the northwest quarter; thence north
86023'05" west parallel with the south line of said northwest quarter of the northwest
quarter 500.45 feet to the east line of the west 36.00 feet of said northwest quarter;
thence south 1°11'27" west along said east line of the west 36.00 feet a distance of
60.06 feet to the south line of said northwest quarter of the northwest; thence south
86023'05'' east along said south line 851.91 feet to a point 180.03 feet west, as
measured along the south line of said northwest quarter of the northwest quarter of the
west margin of SR 167 as condemned in King County Superior Court Cause No.
718093; thence north 4°42'02'' east parallel with said west margin 145.00 feet; thence
north 47°28'43" east 88.64 feet; thence north 1°21'43" east 1.111.35 feet to the north line
of said northwest quarter; thence north 86°21'31'' west 101.76 feet to the TRUE POINT
OF BEGINNING;
(BEING KNOWN AS Lot 4, City of Auburn Short Plat No. SP-3-36, recorded under
Recording Number 8606050397, and as revised by instruments recorded under
Recording Numbers 8611131947 and 8706221496).
Exhibit "A"
Ordinance No. 5751