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Home My WebLink About5869 - - , , - , .> 111I11111111111111111 20041129000240 PACIFIC NW TIT ORO 27.00 PAGE001 OF 009 11/29/2004 10: 09 KING COUNTY, WA ----- ------ - ----- -- - -- --- ---- Return Address: Auburn City Clerk City of Auburn 25 West Main Sl. Auburn, WA 98001 RECORDER'S COVER SHEET I Document Title(s) (or transactions contained therein): Y:J '1 r ,'" v-::T Conditional Use Permit (ORD 5869) W'i'2-"lL,.'IL Reference Number(s) of Documents assigned or released: DAdditional 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. HRP Properties, Inc. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) 012104 38 LOT 1 AUB SP SP31-79 REV REC # 8302030070 BEING A REV OF AUB SP SP 31-79 REC #7912260411 BEING A POR OF SW 1/4 STR 01-21-04 TGW LOT 4 REV AU SP-SP 32-79 REC # 8005080385 BEING A REV OF SPS UNDER REC #S 8003130699 & REC # 7912260412 TGW VAC POR OF S 20 FT OF 29TH ST NW PER AUB ORD #3767 REC #8304060738 EXC POR CONV TO CITY REC #8212290515 EXC W 45 FT OF N 40 FT OF SD LOT 4 AS CONV TO CITY REC #8211050446 LESS POR DEDICATED TO CITY REC # 7402270280 WCH ADJ S MGN OF 29TH ST NW - PER AUB LLA 0006-91 REC # 9105220533 D Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number 012104-9038 o Assessor Tax # not yet assigned ORDINANCE NO.5 8 6 9 AN ORDINANCE OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, APPROVING THE ISSUANCE OF A CONDITIONAL USE PERMIT TO ALLOW RECREATIONAL VEHICLE SALES TO LOCATE IN A PORTION OF AN EXISTING BUILDING WHEREAS, Application No. CUP04-0005 dated July 1, 2004 , was submitted to the City of Auburn, Washington, by Ricker Beradi/HPR Properties, Inc., for a Conditional Use Permit to allow recreational vehicle sales to locate in a portion of an existing building at 1302-29th Street NE, Auburn, Washington; and WHEREAS, said application was referred to the Hearing Examiner for study and public hearing thereon, along with staff review; and WHEREAS, the Hearing Examiner held a public hearing to consider said application in the Council Chambers of the Auburn City Hall, on August 17, 2004, the Hearing Examiner recommended approval of the application on August 30, 2004, subject to certain conditions; and WHEREAS, on September 20, 2004, the City Council considered said application and approved the Hearing Examiner's recommendation and proposed conditions for the issuance of a Conditional Use Permit to allow recreational vehicle sales to locate in a portion of an existing building at 1302-29th Street NE, Auburn, Washington, based upon the following Findings of Fact and Conclusions of Law and Decision, to-wit: FINDINGS OF FACT 1. Ricker Baradi has applied for a conditional use permit that would allow recreational vehicle sales to locate in a portion of an existing building at 1302- Ordinance 5869 September 14, 2004 Page 1 29th Street NE, Auburn, Washington. This property is within a "Light" Industrial" (M-1) zone, which allows recreational vehicle sales with the approval of a CUP. There is an existing 191,232 square-foot structure on-site that includes a warehousing and vacant spaces. The Applicant would use a vacant unused 79,200 square-foot portion of the existing structure, as well as a modular unit, to conduct recreational vehicle sales and display. The Applicant would ensure accordance with the International Building Code (2003) and would not make external improvements to the existing structure. 2. Pursuant to Auburn City Code (ACC) 18.52.020.B.1, one parking stall is required per 5,000 square feet of sales area, 1,000 square feet of showroom and 250 square feet of office space. The Applicant would provide 1.5 parking stalls per employee. Because of the large size of recreational vehicles and the corresponding need for large sales areas and showrooms, the City based parking stall requirements on the number of employees and determined the 60 stalls located at the adjacent site to be adequate. The Applicant agreed with the assessment. 3. Recreational vehicles are similar in size and operation to other vehicles in the area and existing structure. Existing roads and turning radius arcs would adequately accommodate recreational vehicles. 4. As part of compliance with City regulations, the Applicant must obtain and maintain a business license in order to conduct business activities. Ordinance 5869 September 14, 2004 Page 2 5. Surrounding properties are zoned M-1. Land uses to the north, south and west are light industrial uses, and the State Route 167 right-of-way is to the east of the subject property. 6. The proposal was submitted to City of Auburn departments for review. No comments were submitted. 7. The Applicant applied for a temporary (18 month) Administrative Use Permit (AUP) in order to conduct recreational vehicle service, repairs and delivery at the same location. Repairs would consist of service to the cabin and living areas of recreational vehicles and preparation of recreational vehicles for sale or delivery. Any engine repairs and mechanical work on recreational vehicles would occur at another site. The City of Auburn Planning Director issued the AUP on July 28, 2004 (case number ADM04-0005). On July 28, 2004, the Planning Director mailed a letter to adjacent property owners alerting them of the AUP. 8. A Notice of Application and a Notice of Public Hearing were circulated. No comments were received from the public. CONCLUSIONS OF LAW The conditional use 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 proposed use is permitted within the zone. Recreational vehicle sales are permitted in the M-1 zone with the approval of a CUP. Ordinance 5869 September 14, 2004 Page 3 2. 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. Among matters to be considered are traffic flow and control, access to and circulation within the property, off-street parking and loading, refuse and service area, utilities, screening and buffering, signs, yards and other open spaces, height, bulk, and location of structures, location of proposed open space uses, hours and manner of operation, and noise, lights, dust, odor, fumes and vibration. The proposed use is permitted in the M-1 zone with approval of a CUP. The sale and display of recreational vehicles is similar to other uses in the area and will not adversely affect the health, safety or comfort of persons living or working in the area. Adequate roadways, turning radius arcs and parking stalls exist. The use will be required to comply with all applicable City of Auburn ordinances. 3. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. The Comprehensive Plan designation of "Light Industrial" is intended to accommodate a wide range of industrial or large-scale commercial uses. The proposed recreational vehicles sales and display use accords with the policy and objectives of the Comprehensive Plan's "Light Industrial" area. 4. The proposal complies with all requirements of this title. This title, the Zoning Ordinance, allows recreational vehicle sales when a CUP is issued. The Applicant proposes to use an existing building that is in compliance, or capable of Ordinance 5869 September 14, 2004 Page 4 being in compliance, with the applicable provisions of the Zoning Ordinance, including the provision related to on-site parking. 5. 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. The Applicant proposes to conduct recreational vehicle sales, a use consistent with other uses in the area, in an existing building. No external improvements to the existing building are proposed. There will be no impact on the design, character or appearance of the area. 6. The proposal will not adversely affect the public infrastructure. The public infrastructure would not be affected by the proposal, as evidenced by the review by various City of Auburn departments and the absence of comments. The existing roads and turning radius arcs are adequate to accommodate recreational vehicles. 7. The proposal will not cause or create a public nuisance. The proposed use is similar to other uses in the area. No City department or private individual submitted comments in opposition to the proposal. The existing structure and roadways are adequate to accommodate the proposed use. There is no indication that the use will cause or create a public nuisance. DECISION For each of the above reasons, the Hearing Examiner recommended approval of the conditional use permit to the Auburn City Council, subject to the conditions set forth below: Ordinance 5869 September 14, 2004 Page 5 The Applicant shall demonstrate to the satisfaction of the City Engineer that covered work areas or wash racks (if applicable) provide floor drains that drain to an oil-water separator and to the sanitary sewer systems. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as Follows: Section 1. The Findings of Fact, Conclusions of Law and Decision of the Hearing Examiner are adopted herein by this reference, and the Conditional Use Permit is hereby approved to allow for recreational vehicle sales to locate in a portion of an existing building at property located at 1302 29th Street NE, subject to the following condition: The Applicant shall demonstrate to the satisfaction of the City Engineer that covered work areas or wash racks (if applicable) provide floor drains that drain to an oil-water separator and to the sanitary sewer systems. Section 2. Severabilitv. 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 3. Recordina. 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. Ordinance 5869 September 14, 2004 Page 6 Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 5. 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: SEP 2 0 2004 PASSED: SEP 2 0 2004 SEP 2 0 2004 APPROVED: ~-~ r~ ~ -----::' PETER B. LEWIS MAYOR ATTEST: iltN!;)l Lf~K__ Danielle E. Daskam City Clerk / Daniel B. eid City Attorney PUBLISHED: if .21f-oi Ordinance 5869 September 14, 2004 Page 7