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HomeMy WebLinkAbout5928 ! . , , Return Address: IV5~81~JlU 'Jill Auburn City Clerk City of Auburn PACIFIC NW TIT ORD 41 00 PAGE001 OF 010 . 25 West Main Sl. 08/22/2005 09:28 KING COUNTY, WA Auburn, WA 98001 -- - -- m - -- -- RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 1. Conditional Use Permit (Ordinance 5928) 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~ 9N~- W?--3Q~-\~ Grantee/Assignee/Beneficiary: (Last name first) S}were Hageness, Harlow NQlIrl trt Pacific Northwest TJlI9 88 lllIOllRIIllDd8n only. It has not *" 9lCarnlned as to pr\lp9f &xllCtItion or .10 1lII8ffect upon title. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) The west 106 feet of the east 329.77 feet of the NW Y. of the SW Y. of Section 13, Township 21 North, Range 4 East IZJ Additional legal is on page 10 of document. Assessor's Property Tax Parcel/Account Number 132104-9009 o Assessor Tax # not yet assigned ORDINANCE NO.5 9 2 8 AN ORDINANCE OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, APPROVING A CONDITIONAL USE PERMIT TO ALLOW SALES AND LIMITED SERVICE OF SCHOOL BUSSES AT 1240 WEST MAIN IN AUBURN, WASHINGTON WHEREAS, Application No. CUP05-0002 was submitted to the City of Auburn, Washington, by Harlow Hageness on behalf of Harlow's Bus Sales, Inc. for approval of a Conditional Use Permit (CUP) to allow sales and limited service of school busses at 1240 West Main Street in 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 May 31, 2005, the Hearing Examiner recommended approval of the application on June 14,2005, subject to certain conditions; and WHEREAS, on July 18, 2005, the City Council considered said application and approved the Hearing Examiner's recommendation and proposed conditions for the issuance of a CUP to allow sales and limited service of school busses at 1240 West Main Street in Auburn, Washington. FINDINGS OF FACT General FindinQs: 1. The Applicant requests approval of a CUP to allow the continued operation of Harlow's Bus Sales, Inc., which sells school busses to school districts, private Ordinance 5928 July 13, 2005 Page 1 schools, and private groups. The business also services busses. The subject property is located at 1240 West Main in Auburn, Washington. Exhibit (, page 1; Exhibit 3, Application. 2. The Applicant has been in business for 40 years and has been a new vehicle dealer in Washington since January 2001. Recently, the Applicant's business was moved to Auburn from a Tacoma, Washington location. Business activities on-site consist of new bus sales and pre-delivery servicing, used bus sales, and smaller van sales. Schools purchase 99% of the busses sold by the Applicant. Ten to twelve used busses, all of which are operational, are in inventory on site at a given time. All new busses are pre-sold. New bus sales involve minor warranty labor, local option installation, and pre-delivery inspection in the service shop on-site. The State Patrol inspects new busses before delivery to the customer's location. The Applicant employs fifteen full time employees Monday through Friday from 8:00 AM to 5:00 PM. Exhibit 3, Application, Project Narrative and April 28, 2005 Letter to City. 3. The subject property is long and narrow, measuring approximately 106 feet by 1,267 feet. It is developed with a paved driveway that provides access to offices; the service and maintenance buildings; and above ground fuel tanks. On-site structures are set back from West Main approximately 600 feet. The remainder of the site has a gravel surface. The site is fenced on its east and south boundaries. The west boundary is defined by fence and by the exterior wall of an adjacent industrial structure running nearly the entire length of the site. Exhibit 1, page 2; Testimony of Mr. Pilcher. 4. The subject property is zoned Light Industrial (M1). Exhibit 1, page 1. The purpose of the M1 zone is to accommodate a variety of industrial uses in an industrial park environment while encouraging non-nuisance uses in terms of air and water pollution, noise, vibration, glare, or odor. The intended light industrial character of this zone limits the amount of industrial activity conducted outside of enclosed buildings. Some non-industrial commercial uses may be permitted if they enhance the quality of the area without disrupting industrial uses. Site activities that distract from the aesthetic quality of M1 areas, such as outdoor storage, should be strictly regulated within this zone. Auburn City Code (ACC) 18.32.010. 5. Bus sales are not listed as a use in the M1 district. New and used auto sales -- defined as including passenger trucks and recreational vehicles --- and heavy equipment sales may be allowed in the M1 district with approval of a CUP. The Note: All exhibits referenced herein are exhibits attached to the Hearing Examiner's Findings of Fact and Conclusions, which exhibits are incorporated herein. Ordinance 5928 July 13, 2005 Page 2 proposed activity is similar in character to these specifically listed activities. ACC 18.32.040. 6. The site is surrounded by other M1 zoned properties including auto repair, auto body shops, and tire sales. Schneider Trucking, adjacent to the east, has numerous semi trucks and tractor-trailers on its property in view of West Main. Exhibit 8, Aerial Photo; Exhibit 2, Vicinity rnap; Exhibit 1, page 3. 7. The subject property takes access from West Main, a Minor Arterial street that connects to State Route 167 west of the site entrance. Exhibit 2, Vicinity map. 8. The Light Industrial Comprehensive Plan designation applicable to the site is intended to accommodate a range of industrial and large scale commercial uses. Non-industrial commercial uses that do not detract from the industrial character of the area are consistent with this land use designation. City of Auburn Comprehensive Plan, page 14-14; Testimony of Mr. Pilcher. 9. M1 district development standards allow a maximum structure height of 45 feet and require minimum setbacks of 20 feet from front property lines and side streets. ACC 18.32.050. Fences in the M1 district must be limited to 72-inches in height. ACC 18.48.020(A)(2)(a). One parking space must be provided for every 5,000 square feet of sales "showroom" area. ACC 18.52.020(8)(1). Properties in the M1 district are required to provide a minimum ten-foot landscaped buffer' along street frontages. ACC 18.50.050(F)(1). All activities are required to take place inside an enclosed structure except for outdoor storage, fuel pumping, and refuse. Outdoor storage must be located between the rear lot line and the front of the building and may not occupy more than 50% of the site. ACC 18.32.060(A). 10. Structures on-site are less than 45-feet in height and are setback more than 20 feet from the front property line at West Main. The Applicant indicates that 75% of the site area is used for pre-sold new busses that are on site for approximately three weeks prior to delivery to the customer. Used bus sales activities occupy ten percent of the site area set well back from West Main behind a fence. All mechanical service and maintenance activities take place inside the service shop. The Applicant indicates that approximately ten percent of the site is vacant. Exhibit 3, Application, Project narrative; Testimony of Mr. Horn. 11. The long, narrow dimensions of the site are uniquely suited to bus uses. The existing structure can contain seven 40-foot busses at once. The site contains ample storage at the rear to store busses awaiting service and delivery. The Ordinance 5928 July 13, 2005 Page 3 existing metal service shop is consistent in appearance with existing structures on surrounding properties. The use generates very little customer traffic and low noise, because mechanical activities occur indoors. Exhibit 3, Application; Testimony of Mr. Horn. 12. The Applicant began operating the subject business on the subject property without obtaining the required CUP. A Temporary Use Permit was issued. Testimony of Mr. Pilcher. 13. The City did not require an environmental checklist or SEPA threshold determination because the proposed use is already in progress on the site. Exhibit 1, page 3; Testimony of Mr. Pilcher. 14. The City's Public Works Department reviewed the CUP application and recommended that the interior and exterior bus wash areas should be equipped with an oil and grease separator and should connect to the public sanitary sewer system. Exhibit 1, page 4. 15. A ten-foot landscape strip containing Type III vegetation must be installed along the property's frontage on West Main to satisfy landscaping requirements of the M1 district. ACC 18.50.050(F)(1). 16. At the open record hearing, City staff recommended approval subject to conditions. Staff's recommended conditions included installation of a landscaped buffer along the site's frontage on West Main and compliance with an approved wastewaterlstormwater management plan. City staff testified that, with the recommended conditions, the use would satisfy all zoning code standards. Exhibit 1, page 4; Testimony of Mr. Pilcher. The Applicant voiced no objections to the recommended conditions of approval. Testimony of Mr. Horn. 17. The City provided reasonable notice of the May 31, 2005 public hearing. No public comments were submitted. Testimony of Mr. Pilcher; Exhibits 4, 5, 6, and 7. CONCLUSIONS Jurisdiction The Hearing Examiner is granted authority to make a recommendation to the Auburn City Council on a conditional use permit pursuant to ACC 18.64.020 and 18.66, and RCW 35.63.130. The Hearing Examiner is also granted authority to place conditions on the conditional use permit pursuant to ACC 18.64.050. Ordinance 5928 July 13, 2005 Page 4 Criteria for Review Pursuant to ACC 18.64.040, to recommend approval of a conditional use permit, the Hearing Examiner must find that: 1. The proposed use is permitted within the zone; 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; 3. The proposal is in accordance with the goals, policies, and objectives of the Comprehensive Plan; 4. The proposal complies with all requirements of Title 18 (Zoning); 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; 6. The proposal will not adversely affect the public infrastructure; and 7. The proposal will not cause or create a public nuisance. Conclusions Based on Findinos 1. The proposed use is permitted within the zone. Bus sales can be permitted in the M 1 district upon CUP approval. Finding of Fact NO.5. 2. With conditions of approval, on-site bus sales will have no more adverse effect on property or improvements in the vicinity and will be no more injurious, economically or otherwise, than any use generally permitted in the M1 district. The proposed commercial activities will be compatible with existing and permitted uses within the M1 district. The use generates low customer traffic and all mechanical activities occur indoors. Conditions of approval requiring waste water management and a landscaped buffer along the site's frontage will ensure that the use has no adverse impacts. Findings of Fact Nos. 2, 3, 4, 6, 7, 10, 11, 15, and 16. Ordinance 5928 July 13, 2005 Page 5 3. The use is in accordance with the goals and policies of the Comprehensive Plan. The Light Industrial Comprehensive Land Use designation permits commercial activities that are compatible with light industrial activities. A condition of approval requiring a landscaped buffer will result in an aesthetic enhancement to the area. The use will not detract from surrounding industrial uses. Findings of Fact Nos. 6, 8, 15, and 16. 4. With conditions, the use complies with all requirements of the Zoning Code. The use complies with the height restrictions and minimum setbacks of the M1 district. Adequate parking is available to the few customers who visit the site within the graveled ten percent of the site that remains vacant. Conditions of approval will ensure that the final landscaping and wastewater management plans satisfy code requirements applicable to the M1 district. Findings of Fact Nos. 7, 9, 10, 14, 15, and 16. 5. The on-site bus sales and light servicing will be compatible with appearance and character or existing industrial and commercial uses in the area. Findings of Fact Nos. 2, 3, 6, 7, 10, and 11. 6. As conditioned, the use will not adversely affect the public infrastructure. A condition of approval will ensure that all wastewater is captured and treated by an oil and grease separator prior to discharge into the public sanitary sewer. The use will be screened from passing traffic on West Main. Findings of Fact Nos. 7, 14, 15, and 16. 7. As conditioned, the use will not cause or create a public nuisance. The use generates light consumer traffic and operates only during normal business hours. All mechanical activities will occur inside the service shop. The use will not generate noise, odor, glare, or other nuisance greater than can be expected from uses generally permitted in a light industrial district. A condition of approval will ensure that on-site activities are screened from the view of people traveling on West Main. Finding of Fact No.2, 3, 6, 7, 11, 14, 15, and 16. DECISION Based upon the preceding Findings and Conclusions, the Hearing Examiner recommends that the request for a CUP to allow the sales and service of school busses at 1240 West Main should be APPROVED, subject to the following conditions: 1. The Applicant shall install a landscaped buffer containing Type III vegetation at least ten-feet wide along either the interior or the exterior of the northern fence line to screen the site from the view of passersby on West Main. Ordinance 5928 July 13, 2005 Page 6 2. The Applicant shall collect and direct all waste water runoff from interior and exterior operations to a collection system provided with and oil and grease separator. Effluent shall be discharged into the public sanitary sewer system. The Applicant shall submit an operations and maintenance manual for all on- site storm water and waste water facilities, including but not limited to conveyance, storage, and treatment facilities, for the review and approval of the City's Public Works Department. Prior to final approval of this CUP by the City Council, the Applicant shall enter into an agreement to abide by the approved operations and maintenance program, which shall be recorded and run with the property. 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 Conditional Use Permit (CUP) to allow sales and limited service of school busses at 1240 West Main Street in Auburn, Washington, and as legally described in Exhibit A attached hereto, subject to the conditions as outlined above. 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. RecordinQ. 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 5928 July 13, 2005 Page 7 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: JUL I 8 /,Ijljj PASSED: JUL 1 8 Z005 JUl 1 8 Z005 APPROVED: -- Peter B. Lewis MAYOR ATTEST: '~A401cUJ~ 'Da . lie E. Daskam, City Clerk APPROVED AS TO FORM: (1/ ~r: /U. I.. ..... " / " ....7 /./ I / ,.7 .'; \ / Y Daniel B. Heid, \ City Attorney ~ , i"1dJ~,l.'../ 1- .J.-)-. 2t7 d s- Ordinance 5928 July 13, 2005 Page 8 ORDINANCE NO. 5928 EXHIBIT "A" The west 106 feet of the east 329.77 feet of the northwest quarter of the southwest quarter of section 13, township 21 north, range 4 east, W.M., in King County, Washington; except the north 30 feet thereof.