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HomeMy WebLinkAbout5892 Return Address: Auburn City Clerk City of Auburn 25 West Main Sl. Auburn, VVA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 1. Conditional Use Permit (Ordinance 5892) ~13" 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) CITY OF AUBURN R Grantee/Assignee/Beneficiary: (Last name first) Hart, James r8(lOId by Paciftc Northwest TiIIe_ aooommodation only. R has not bIlln 8lllIIllIned as to proper -"(;lllklr! or as 10 ItII affeot upon lftle. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) North 55 feet of the south 585 feet of the west 200 feet of HH Jones Donation Land Claim No. 39 IZI Additional legal is on page -L of document. Assessor's Property Tax Parcel/Account Number 000400-0040 o Assessor Tax # not yet assigned ORDINANCE NO. 5 8 9 2 AN ORDINANCE OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, APPROVING A CONDITIONAL USE PERMIT (CUP) TO ALLOW AN AUTOMOBILE WRECKING AND SALVAGE OPERATION TO LOCATE WITHIN A BUILDING IN AN M-2 HEAVY INDUSTRIAL ZONE WHEREAS, Application No. CUP04-000S, dated October 6, 2004, has been submitted to the City of Auburn, Washington, by James Hart on behalf of A-One Japanese Engine, requesting approval of a Conditional Use Permit (CUP) to allow an automobile wrecking and salvage operation to locate within a building in an M-2 Heavy Industrial Zone in Auburn, Washington; and WHEREAS, said request above referred to was referred to the Hearing Examiner for study and public hearing thereon; and WHEREAS, pursuant to staff review, the Hearing Examiner conducted a public hearing to consider said petition in the Council Chambers of the Auburn City Hall on December 21,2004, of which the Hearing Examiner recommended approval of Conditional Use Permit on January 4, 2005; and WHEREAS, the City Council, on January 1S, 2005, considered said request and affirmed the Hearing Examiner's recommendation for preliminary plat based upon the following Findings of Fact and Conclusions, to-wit: Ordinance 5892 January 7,2005 Page 1 FINDINGS OF FACT 1. The Applicant requests approval of a Conditional Use Permit (CUP) to allow an automobile wrecking and salvage operation to locate within a building at 131 30th Street NE #8. Exhibit 1, Staff Report, page 1; Exhibit 3, Application. 2. The subject property is within a "Heavy Industrial" Comprehensive Plan area and a Heavy Industrial (M-2) zone, which allows auto wrecking and salvage activity with the approval of a CUP. There is an existing 37,300 square-foot structure on-site that houses a variety of land uses including printing, manufacturing and automobile wholesale operations. The Applicant uses a 5,440 square-foot portion of the existing structure to automobile wrecking and salvage activity. Surrounding land uses in the area include a variety of mixed industrial uses and an airport landing field. ACC 18.34.040; Exhibit 1, Staff Report, pages 1-3; Exhibit 3, Application. 3. The automobile wrecking and salvage operation has operated within the building at this site since at least June 2004. Exhibit 9. The Applicant obtained an administrative use permit for vehicle repair in March 2002, but has not obtained a license for vehicle wrecking and salvage. The Administrative Use Permit was approved with three conditions. The first condition relates to managing automobile waste fluids, including the installation of an oil/water separator. The second condition requires that the structure meet City fire code standards. The third condition requires that conditions 1 and 2 be satisfied prior to issuance of a City business license. On November 22, 2004, the City's Water Resource Technician determined that the oil/water separator has been installed in the subject tenant space as required by the Administrative Use Permit. Exhibit 8; Testimony of Ms. McMahan. 4. Notice of the open record hearing was given by publication, posting and mail. No comments were received from the public. The Applicant did not appear at the open record hearing and could not be contacted by telephone on the evening of the hearing. However, he did submit a written request for approval of the application. Testimony of Patty Zook; Exhibit 3, Application; Exhibit 11. Ordinance 5892 January 7, 2005 Page 2 Conclusions Based on FindinQs 1. The proposed use is permitted within the zone. Automobile wrecking and salvage operations are permitted in the M-2 zone with the approval of a CUP. Findings of Fact NO.1. 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-2 zone with approval of a CUP. All activity will take place within an enclosed building such that no off-site impacts will occur. Conditions of approval are necessary to ensure that the proposed activity will be implemented in an appropriate manner. Findings of Fact Nos. 1-3. 3. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. The Comprehensive Plan designation of "Heavy Industrial" is intended to accommodate a wide range of industrial or large-scale commercial uses. The proposed use is consistent with the policy and objectives of the Comprehensive Plan's "Heavy Industrial" area. Findings of Fact Nos. 1. 4. The proposal complies with all requirements of this title. This title, the Zoning Ordinance, allows auto wrecking and salvage when a CUP is issued. The Applicant proposes to use an existing building that is in compliance, or capable of being in compliance, with the applicable provisions of the Zoning Ordinance, including obtaining a city license for the wrecking activity. Findings of Fact Nos. 1, 2 & 3. 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 Ordinance 5892 January 7, 2005 Page 3 Applicant proposes to conduct the wrecking and salvage operation within 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. Findings of Fact Nos. 1. 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. Findings of Fact Nos. 1, 2, 3 & 4. 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. There is no indication that the use will cause or create a public nuisance. Findings of Fact Nos. 2,3 & 4. DECISION For each of the above reasons, the Hearing Examiner recommended approval of the Conditional Use Permit to the Auburn City Council, subject to conditions set forth below: 1. All wrecking, dismantling, disassembling or work substantially changing the form of any motor vehicle and all storage of vehicles or part of vehicles, wrecked or to be wrecked, shall be conducted entirely inside the subject portion of the building. 2. The applicant shall be prohibited from washing vehicles, used parts or engines outside of the building. 3. This conditional use permit (CUP04-000S) for automobile wrecking and salvage activity shall only be valid if a City business license endorsement for motor vehicle wrecker activities is granted. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Ordinance 5892 January 7, 2005 Page 4 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 to allow an automobile wrecking and salvage yard to locate within a building located at 131 30th Street NE, #8 (legally described in Exhibit A) in an M-2 Heavy Industrial Zone is hereby approved. 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, Division of Records and Elections. 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. Ordinance 5892 January 7, 2005 Page 5 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 bylaw. ATTEST: INTRODUCED: PASSED: APP JJI1uI:u ~IU~ , -.,....... Danlelle E. Daskam, City Clerk niel B. Heid, City Attorney PUBLISHED: Ordinance 5892 January 7, 2005 Page 6 \ - 2"" - (" 5 'JAN 1 8 20~ JAN 1 8 ZUUE 200S PETER B. LEWIS MAYOR -- ORDINANCE NO. 5892 EXHIBIT "A" Legal Description The North 55 feet of the south 585 feet of the west 200 feet of H.H. Jones Donation Claim No. 39, and the north 500 feet of south 530 feet of the west 200 feet of H.H. Jones Donation Claim No. 39; situate in the County of King, State of Washington.