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HomeMy WebLinkAbout44331 2 3 4 5 6 =7 8 (n Iq co 9 O CV 10 CV CD 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CITY CLERK'S OFFICE I CITY OF AUBURN 25 West Main Auburn, WA 98001 ORDINANCE NO. 4 4 3 3 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO ALLOW A COMPUTER CONTROLLED MACHINE SHOP TO BE LOCATED ON THE EAST SIDE OF AUBURN WAY NORTH IN THE 4400 BLOCK, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application No. CUP0004-90 dated January 16, 1990, together with site plans therefore, has been submitted to the City of Auburn, Washington, by DAVID ROBINSON, requesting a Conditional Use Permit to allow a computer controlled machine shop to be located on the east side of Auburn Way North in the 4400 block, within the City of Auburn, Washington, hereinafter described in Section 2 of the Ordinance; and WHEREAS, said request above referred to, 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 April 25, 1990, at the conclusion of which the Hearing Examiner recommended the approval of the issuance of a Conditional Use Permit to allow a computer controlled machine shop to be located on the east side of Auburn Way North in the 4400 block, based upon the following Findings of Fact and Conclusions, to -wit: RECD R 10.00 ------------------- Ordinance No. 4433 10 Q! ] j ti>ir RECFEE 2.00CASHSL '+ ►12. 00 May 10, 1990 Page 1 � AVU Sfly.a. 03A!3038' 1 2 3 4 5 6 7 8 9 T C'7 IKT 11 co 12 N CD 13 C] ON 14 15 16 17 18 19 20 21 22 23 24 25 26 FINDINGS OF FACT 1. The applicant, David Robinson, applied for a Conditional Use Permit to allow a computer controlled machine shop. 2. The subject property, which is zoned C-3 (Heavy Commercial) is located on the east side of Auburn Way North in the 4400 block. The subject site is currently vacant but is recommended for heavy commercial uses in the Comprehensive Plan. 3. Existing zoning and land uses in the vicinity include C- 3, multi -family, to the north; C-3, single family home, to the south; R-4, vacant, to east; and C-3, commercial, to the west. The Comprehensive Plan designates land to the north, south, and west for heavy commercial uses while land to the east is designated for multi -family uses. 4. The applicant proposes to construct a building which is 10, 700 square feet in size. The proposed machine shop will consist of 4200 square feet and the remaining 6500 square feet is proposed for office and retail uses. 5. The applicant has indicated that the machine shop utilizes computer program controlled machines which utilize a fine wire in a very small electrical arc for the cutting process. The applicant has indicated that there are no objectionable side effects such as oil, grease, smoke and dust. The proposed use would create minimal noise which could not be heard outside of the building. The Planning Department staff has visited the operation at the existing location in Auburn and on the basis of that observation has concluded that the proposed operation creates less of an impact than other uses permitted outright in the C-3, Heavy Commercial, zone. 6. The building as proposed appears to meet all of the standards required in the C-3 zone. 7. The subject property abuts Auburn Way North which is an arterial planned for commercial uses. ------------------- Ordinance No. 4433 May 10, 1990 Page 2 1 2 3 4 5'' 6 7 8 9 10 c0 11 O N 12 N �D 13 Q` 14 15 16 17 18 19 20 21 22 23 24 25 26 8. The parcel is irregularly shaped. A rectangular extension exists on the eastern portion of the property. The extension does not have exposure to Auburn Way North and accordingly this area is more conducive for the proposed machine shop than other types of typical commercial uses. The applicant does propose to locate the machine shop within this rectangular extension on the eastern portion of the.site. 9. The staff report, with its recommendation of approval, is incorporated herein by reference as though set forth in full. CONCLUSIONS OF LAW 1. The Zoning Ordinance sets forth a series of criteria which must be established before a Conditional Use Permit can be granted which are contained in Section 18.64.040 of the Zoning Ordinance. 2. The first of these criteria is that the use will have no more of an adverse effect on the health, safety, or comfort of persons living or working in the area than would any use generally permitted in the district. This criteria is established by the evidence because the conditional use permit is a clean, quiet operation that will be conducted indoors. 3. The proposal is in accord with the goals, policies and objectives of the Comprehensive Plan. `4. The proposal as submitted complies with the requirements of the Zoning Ordinance. 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 proposed building is consistent with the requirements of the C-3 zone. The proposed conditional use permit will not change the character of the building. The proposal will also have a lesser impact in that it will be conducted indoors. ------------------- Ordinance No. 4433 May 10, 1990 Page 3 ,R4 c0 CD N N CD C) 0s l 21 3 4 5'. 6 71 81 91 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 6. The proposal will not adversely affect the public infrastructure in that it has access to Auburn Way North which is a five -lane arterial capable of providing all necessary public services to the subject site. For each of the above referenced reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this Conditional Use Permit to allow a computer controlled machine shop is approved and affirmed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The above cited Hearing Examiner's Findings of Fact and Conclusions, are herewith incorporated in this Ordinance. Section 2. A Conditional Use Permit is hereby approved to allow a computer controlled machine shop to be located on the east side of Auburn Way North in the 4400 block, situate in the City of Auburn, County of King, State of Washington, and is legally described in attached Exhibit "A" and incorporated herein by reference. Section 3. 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 No. 4433 May 10, 1990 Page 4 Cn .ltzr Co C) CV CV Q C] 0` 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Section 4. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section S. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: C7` /� PASSED: A ATTEST: -Robin Wohlhueter, City Clerk APPROVED AS TO FORM: Marguerite Sche lentrager, City Attorney PUBLISHED: 990 ------------------- Ordinance No. 4433 May 10, 1990 Page 5 M A Y U K THE SOUTH 30.00 FEET OF THE W.A. COX DONATION LAND CLAIM NUMBER 38 IN SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M. LYING BETWEEN THE BAST BOUNDARY OF SAID DONATION LAND CLAIM AND THE EAST MARGIN OF AUBURN WAY NORTH SAID SOUTH 30.00 FEET HAVING BEEN CONVEYED TO THE CITY OF AUBURN BY QUIT CLAIM DEED RECORDED UNDER KING COUNTY AUDITOR*S FILE NUMBER 7107090468 LESS THAT PORTION OF SAID SOUTH 30.00 FEET VACATED TOGETHER WITH: --- BEGINNING AT THE SOUTHEAST CORNER OF •THE W.A. COX DONATION LAND 31, CLAIM NUMBER 38 IN SECTION TOWNSHIP 22 NORTH, RANGE 5 THENCE N 01-47-15 E ALONG THE EAST BOUNDARYMOF SAID DONATION LAND CLAIM, 297.88 FEET; THENCE N 89-17-01 W ALONG A LINE PARALLEL TO THE SOUTH BOUNDARY OF SAID DONATION LAND CLAIM, 779.5 FEET MORE OR o LESS TO THE NORTHEASTERLY MARGIN OF AUBURN WAY NORTH, A.K.A. N BEGINNING; A.K.A.STATE ROAD NUMBER COUNTY ROAD, AND THE TRUE POINT OF G; CD THENCE CONTINUING N 89-17-01 W TO A POINT ON A CURVE TO WHICH THE TO � CENTER OF THE ARC TF SAID CURVE BEARS S 65-23-52 NO 1236.00 HENCE EIS ALONG SAID CURVE WHICH PARALLEL TO AND 36.00 FEET EASTERLY AND NORTHEASTERLY OF THE MONUMENTED CENTERLINE OF AUBURN WAY NORTH AS CONSTRUCTED UNDER CITY OF AUBURN STREET IMPROVEMENT NUMBER 200, A DISTANCE OF 363.8 9 FEET TO THE EASTERLY MARGIN OF AUBURN WAY NORTH; NCE N ORTHERAND NORTHWESTERLY ALONG SAIDD MARGIN TO THE TRUE POINT OF BEGINNING. Ordinance No. 4433 Exhibit "A" STATE OF WASHINGTON) ) ss. COUNTY OF KING ) I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of Auburn, a,Municipal.Corporation and Code City; situate in the County ,of King, State of Washington; do hereby certify that the foregoing is a full, ,,,,.true and correct copy of Ordinance No. 4433 of the ordinances'of the City of Auburn, entitled "AN ORDINANCE." I certify that said Ordinance No. 4433 was duly passed by the Council and approved by the Mayor of the said City of Auburn,. on the the 21st`day:of-May A.D'.., 1990. I further,'certify that said Ordinance No..4433 was publishedas,prov,ided-"by law "in the Valley'Daly"News, a daily newspaper;, -published in the City, of Auburn,, and of general circulation therein, on the lst day of June, A.D., 1990. Witness my hand and the official seal of the City of Auburn this August 23, 1990, A.D. Robin Wohlhueter City Clerk City of Auburn 25 West Main, Auburn, WA 98001-4998 (206) 931-3000