HomeMy WebLinkAboutITEM VIII-A-2
AGENDA BILL APPROVAL FORM
Aaenda Subject Ordinance No. 5892
A lication No. CUP04-0008
Department: Planning Attachments: Ordinance No. 5892,
H.E. Decision, Staff Report, Vicinity
Ma ,A lication
Date:
1/13/2005
Budget Impact:
Administrative Recommendation:
City Council to adopt Ordinance No. 5892 and approve the conditional use permit based upon the
Hearin Examiner's Findin s of Fact, Conclusions and Conditions.
Backaround Summary:
The Hearing Examiner on December 21, 2004, conducted a public hearing on the request of James I.
Hart on behalf of A One Japanese Auto for a conditional use permit to allow automobile wrecking and
salvage activity in the M-2, Heavy Industrial zone.
Subsequent to the hearing, the Examiner recommended to the City Council approval of the conditional
use permit.
The City Council may now either affirm the Examiner's decision, remand to the Examiner or schedule a
closed record hearing. The Council can only modify or disaffirm the Examiner's decision after conducting
their own closed record hearing.
H E\C U P04-8
L0118-1
03.10.1 CUP04-0008
Reviewed by Council & Committees:
D Arts Commission COUNCIL COMMITTEES:
D Airport D Finance
¡:g Hearing Examiner D Municipal Servo
o Human Services 0 Planning & CD
o Park Board OPublic Works
o Planning Comm. 0 Other
Reviewed by Departments & Divisions:
¡:g Building ¡:g M&O
o Cemetery 0 Mayor
o Finance 0 Parks
¡:g Fire [8J Planning
D Legal D Police
[8J Public Works D Human Resources
Action:
Committee Approval:
Council Approval:
Referred to
Tabled
OYes ONo
OYes ONo Call for Public Hearing ---1_1_
Until_I---1_
Until _1_1_
Councilmember: Sin er
Meetin Date: Januar 18, 2005
Staff: Osaki
Item Number: VIII.A.2
AUBURN * MORE THAN YOU IMAGINED
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. CUP04-0008, 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 18, 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 Condjtional 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 Reporl, 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 Reporl, 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 Findings
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 (CUP04-0008) 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. Severability. 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. 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,
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 fíve days from and after its passage, approval and publication as provided
by law.
INTRODUCED:
PASSED:
APPROVED:
PETER B. LEWIS
MAYOR
ATTEST:
Oanielle E. Daskam,
City Clerk
PUBLISHED:
----------------------------
Ordinance 5892
January 7, 2005
Page 6
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.
::::'
Peter B. Lewis, Mayor
25 West Main Street * Aubum WA 98001-4998 * www.cl.aubum.wa.us * 253-931-3000
January 4, 2005
JAMES I. HART
HART INDUSTRIAL PARKS
1502 PIKE STREET NW #6
AUBURN WA 98001
VIA FACSIMILE
833-3037
ANDY HAM
A-1 JAPANESE ENGINE
131 30TH STREET NE #8
AUBURN WA 98002
RE: APPLICATION NO. CUP04-0008
Dear Jim:
Attached is the Hearing Examiner's official recommendation regarding your request that was
considered by the Hearing Examiner on December 21, 2004. The City Council will consider your
request on January 18, 2005 in the City Council Chambers at 7:30 p.m. You or a representative are
requested to be at that meeting to answer any questions the City Councilmembers might have
regarding your proposal.
Following the conclusion of the City Council meeting, you must return the public notice sign to the City
of Auburn Planning and Community Development Department. If the board is not returned or is not
legible or is damaged, then City Code requires that the applicant shall pay a replacement fee. The
replacement fee must be paid prior to the issuance of any permit, license or any other approval
required by the City of Auburn that is related to subject property.
If you have any questions regarding the attached, please give us a call.
Sincerely,
PK:pz
Attachment
cc: Building Department
Public Works Department
City Clerk
AUBURN * MORE THAN YOU IMAGINED
BEFORE THE HEARING EXAMINER
FOR THE CITY OF AUBURN
In the Matter of the Application of )
)
James Hart, for A-One Japanese Engine )
)
)
For Approval of a Conditional Use Permit. )
)
NO. CUP04-0008
FINDINGS, CONCLUSIONS AND
RECOMMENDATION
SUMMARY OF RECOMMENDATION
The request for 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 should be
GRANTED, subject to conditions.
SUMMARY OF RECORD
Request
James Hart on behalf of A-One Japanese Engine (Applicant), requests approval of a CUP to
allow an automobile wrecking and salvage yard to locate within a building in an M-2 Heavy
Industrial Zone at ] 3] 30th Street NE #8.
Hearing Date
The Hearing Examiner for the City of Auburn held an open record public hearing onDecember
21,2004.
Testimony
At the open record public hearing, the following individuals entered testimony under oath:
1. Mitzi McMahan, Planner for the City of Auburn
2. Patty Zook, Administrative Assistant tor the City of Auburn
Recommendation olthe
Hearing Examiner o(the (,i~V ojA l/bl/rn
A-One Japanese Engine. ('UP04-()()()8
Page I of6
Exhibits
The following exhibits were admitted to the record at the open record public hearing:
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Exhibit 9
Exhibit 10
Exhibit 11
Staff Report
Vicinity Map
Completed Application Fonn
Notice of Application
Notice of Public Hearing
Affidavit of Posting
2001 Aerial Photograph
Decision - Administrative Use Permit ADM02-0001
June 23,2004 Letter from Chief Lowell Porter. Washington State Patrol
Auburn City Code 5.20.190 Related to business licensing for Motor
Vehicle Wrecker Businesses
Letter from James Hart to City, dated 12/29/04 (record left open to
allow submittal of exhibit).
Upon consideration of the testimony and exhibits admitted at the open record hearing, the
Hearing Examiner enters the following Findings and Conclusions:
FINDINGS
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. StaflReporl. paRe 1: Exhihit 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 ofland
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. ACe /N.3·I.O-lO: Exhihit 1. StafjReport.!)(IRes /-3: Exhihit 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
Recommendation o/the
Hearing Examiner ofthe ('if .I' of A lIhllrn
A-One Japanese Engine. ('{/PO../-OUU8
Page 20(6
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. Exhihit 8: Tesfimony oj 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 (?lPatty Look: Exhihit 3.
Application: Exhihit 11.
CONCLUSIONS
Jurisdiction
The Hearing Examiner is granted authority to hear and decide applications for 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 ACe
18.64.050.
Criteria for Review
In order to recommend approval of a conditional use permit. the Hearing Examiner must find
that the proposed use is permitted within the zone, and that:
,. 1. The use will have no more adverse effect on the health, safety or comt{)rt 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 pem1itted in the district.
i!': Among matters to be considered are traffic flow and control, access to and circulation within
the property, ofT-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;
2. The proposal is in accordance with the goals, policies and objectives of the Comprehensive
Plan;
3. The proposal complies with all requirements of this title;
) In addition to a Conditional Use Permit being required. the City of Auburn also issues business license
endorsements for motor vehicle wrecker activities located within the City. See. ..j( '( . 8. 10./90.
Recommendation oj'lhe
Hearing Examiner oj'the Cit)' (~(AlIburn
A-One Japanese Engine. ('( ¡P04-000/5
Page 3 ol6
4. The proposal can be constructed and maintained so as to be hannonious and appropriate in
design, character, and appearance with the existing or intended character of the general
vicinity;
5. The proposal will not adversely atTect the public intì'astructure: and
6. The proposal will not cause or create a public nuisance.
Conclusions Based on Findings
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 (?fFact 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 CLJP. All activity will take place within
an enclosed building such that no otf-site impacts will occur. Conditions of approval are
necessary to ensure that the proposed activity will be implemented in an appropriate manner.
Findings (?/Fact ¡'v·os. 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 (?fFact 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 (?f Fact Nos. 1. 2 & 3.
RecommendUlinn oj'lhl!
Hearing Examina oj'lhl! (ïlv of A uhurn
A-One Japanl!.I·1! Engine. ('UP(JcI-()()()8
Page 4 oj'6
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 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, I.
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. Finding" of Fact Nos. I. 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 (?lFÚc:1 Nos. 2.3 & 4,
RECOMMENDA TION
Based upon the preceding Findings and Conclusions. the request for approval of a Conditional
~ Use Pennit (CUP) to allow an automobile wrecking and salvage yard to locate within a building
in an M-2 Heavy Industrial Zone should be GRANTED. subject to the t()lIowing condition:
1. All wrecking. dismantling, disassembling or work substantially changing the fonn
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 (CUP04-0008) for automobile wrecking and salvage
activity shall only be valid if a City business license endorsement tor motor
vehicle wrecker activities is granted.
Decided this L day of January 2005.
~4.,Q- ~ ß ~
Recommt:ndation of the
Hearing Examina ofrht: ('it)' (?tAuhurn
A-One Japanese Engint:. ('UP04-000R
Page 5 of6
Theodore Paul Hunter
City of Auburn Hearing Examiner
Recommendation (?/the
Hearing Examiner olthe ('ity olA uhurn
A-One Japanese Engine. ('UP(}-I-(}(}(}8
Page 6 of6
REQUEST FOR RECONSIDERATION
Any party of record who feels the decision of the Examiner is based on error of procedure, fact or
judgment, or the discovery of new evidence may file a written request for reconsideration with the
Hearing Examiner no later than January 11, 2005. Reconsideration requests should be addressed to:
Hearing Examiner, 25 West Main Street, Auburn, WA. 98001-4998.
CITY COUNCIL ACTION
This decision of the Hearing Examiner is a recommendation to the City Council and will be considered
by the Council at their January 18, 2005, meeting. At the January 18, 2005, meeting the Council may
either affirm the Examiner's recommendation, remand the decision back to the Examiner, or schedule
a closed record public hearing.
AGENDA BILL APPROVAL FORM
Aqenda Subiect Public Hearing Application No. CUP04-0008
Date: 12/14/2004
Department: Planning and Attachments: See Exhibit List Budget Impact:
Communi Develo ment
Administrative Recommendation:
Hearing Examiner to recommend to the City Council approval of the conditional use permit based upon
the Findin s of Fact, Conclusions and Conditions as outlined.
Backaround Summary:
OWNER/APPLICANT: James Hart on behalf of A-One Japanese Engine
REQUEST: To allow automobile wrecking and salvage activity in the M-2, Heavy
Industrial zone.
LOCATION: 131 30th Street NE, #8, Auburn, Washington
EXISTING ZONING: M-2, Heavy Industrial
EXISTING LAND USE: A variety of Industrial Uses within a multiple tenant building
COMPREHENSIVE PLAN Heavy Industrial
DESIGNATION:
SEPA STATUS: Exempt
eVlewe y ouncl
~Arts Commission
Airport
Hearing Examiner
Human Services
Park Board
Planning Comm.
ommlttees:
COUNCIL COMMITTE
~ Finance
Municipal Servo
Planning & CD
Public Works
Other
eVlewe y epartments IVISlons:
S: ~ Building ~ M&O
Cemetery Mayor
Finance Parks
Fire _ Planning
Le al Police
Pu~lic Works Human Resources
Action:
Committee Approval:
Council Approval:
Referred to
Tabled
DYesDNo
DYesDNo
Call for Public Hearing -1-1_
Until / /
Until /~
Councilmember: Sin er
Meetin Date: December 21, 2004
Staff: McMahan
Item Number:
EXHIBIT 1
AUBURN * MORE THAN YOU IMAGINED
Agenda Subiect
Public Hearing Application No. CUP04-0008
Date:
12/14/2004
The Comprehensive Plan designation, zoning designation and land uses of the surrounding properties
are:
North
South
East
West
EXHIBIT LIST
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Exhibit 9
Exhibit 10
Heav Industrial
light IndustriaVPublic
and Quasi Public
M-2 Heav Industrial
M1light Industrial/
LF Airport Landing
Field
M-2 Heav Industrial
M-2 Heavy Industrial
Mixed Industrial Uses
Mixed light Industrial
Uses/ Airport Landing
Field
Mixed Industrial Uses
Mixed Industrial Uses
Heav Industrial
Heavy Industrial
Staff Report
Vicinity Map
Completed Application Form
Notice of Application
Notice of Public Hearing
Affidavit of Posting
2001 Aerial Photograph
Decision - Administrative Use Permit ADM02-0001
June 23, 2004 Letter from Chief Lowell Porter, Washington State Patrol
Auburn City Code 5.20.190 Related to business licensing for Motor Vehicle Wrecker
Businesses
FINDINGS OF FACT:
1. James Hart (the property owner) on behalf of A-One Japanese Auto has applied for a conditional use
permit that would allow automobile wrecking and salvage activity at 131 30th Street NE, #8, Auburn,
Washington. The property is currently zoned M-2, Heavy Industrial District.
2. The M-2, Heavy Industrial District, under the provisions of Section .18.34.040(C) of the Auburn City
Code, allows automobile wrecking and salvage if a conditional use permit is issued.
3. The subject building is a multiple tenant building, approximately 37,300 square feet in size contains a
variety of land uses including: printing, manufacturing with resale and wholesale trade and automobile
wholesale. The subject tenant space for which the conditional use permit is requested is
approximately 5,440 square feet.
4. In 2002, the City issued an administrative use permit, ADM02-0001 (Exhibit 8), for James Hart on
behalf of A-One Japanese Engine that permitted the repair of imported automotive engines and
transmissions and the sales of these repaired engines to both wholesale and retail customers. The
Administrative Use Permit was approved with three conditions. The first condition related to
managing automobile waste fluids. The second condition was related to ensuring the structure met
City fire code standards. The third condition required that conditions 1 and 2 be satisfied prior to
issuance of a City business license.
Page 2 of 4
Aqenda Subiect
Public Hearing Application No. CUP04-0008
Date:
12/14/2004
5. On June 23, 2004, Chief Lowell Porter of the Washington State Patrol (WSP) sent a letter (Exhibit 9)
to A- One Japanese Auto stating that the WSP had investigated a complaint of illegal wrecking
occurring on the subject property and confirmed that A-One Japanese Auto was conducting
automobile wrecking and salvage activities without a State wrecking license.
6. In addition to a Conditional Use Permit being required, the City of Auburn also issues business
license endorsements for motor vehicle wrecker activities located within the City (Exhibit 10). On
September 13, 2004 an Auburn Code Enforcement Officer conducted a site visit at the subject
property and obseryed and documented automobile wrecking on site.
7. The Auburn Zoning Code, at Section 18.04.150 defines automobile wrecking as "the dismantling or
disassembling of used motor vehicles or trailers, the storage, sale or dumping of dismantled,
obsolete, or wrecked vehicles or their parts, and the towing of such vehicles or parts in connection
with such activity." A Notice to Correct Violation (VI004-0782) was issued to A One Japanese Auto
on September 13, 2004.
8. On November 22, 2004, Hung, Nguyen, the City's Water Resource Technician, conducted a site visit
and determined that the oil/water separator has been installed in the subject tenant space as required
by the previous administrative use permit approval.
9. The proposed business will be required to obtain a City license with an endorsement for motor vehicle
wrecker activities.
10. The City reserves the right to supplement the record of the case to respond to matters and
information raised.
11. In accordance with Auburn City Code Section 18.64.060, the conditional use permit shall be
implemented within two years of the date of approval.
CONCLUSIONS:
Staff has concluded that 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,
subject to Conditions, below.
1. 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.
It is not anticipated that the auto wrecking and salvage portion of the business will cause
any adverse effects to any of the adjoining uses. In the application, the applicant states
that all business activities will be conducted inside the building. As a result, vehicles shall be
located within the building.
2. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan.
The Comprehensive Land Use Plan designation for the area is "Heavy IndustriaL" The
purpose of the "Heavy Industrial" comprehensive plan designation stated in Chapter 14 is
"To provide a place for needed heavy industrial uses in areas appropriately sited for such
uses." It further provides that the designation should be reserved primarily for the heavier
forms of industrial activities but a wide range of industrial and commercial activities are
compatible.
Page 3 of 4
AQenda Subiect
Public Hearing Application No. CUP04-0008
Date:
12/14/2004
Policy LU-109 states that the grouping of uses which will mutually benefit each other or
provide needed services will be encouraged. The site in question is surrounded to the north,
east and west by property that is also zoned M2 and there are many automobile related
businesses in the vicinity.
3. The proposal complies with all requirements of the Zoning Ordinance.
The proposal complies or is capable of complying with the Zoning Ordinance.
4. 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 proposal will occupy a portion of an existing building and the business is already
engaged in automobile repair services. The proposal will not alter the character of the lot or
building in ways that would be inconsistent or inappropriate with the existing character of
the heavy industrial uses in the immediate vicinity.
5. The proposal will not adversely affect the public infrastructure.
City departments have reviewed the Conditional Use Permit request and there is no
indication that public infrastructure would be adversely affected by the proposal.
RECOMMENDATION
Based upon the application and Findings of Fact and Conclusions of the staff report, Staff recommends
that the Hearing Examiner recommend to the City Council approval of the conditional use permit with the
following conditions:
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 waĊĦhing vehicles, used parts or engines outside of the building.
3. This conditional use permit (CUP04-0008) for automobile wrecking and salvage activity shall only be
valid if a City business license endorsement for motor vehicle wrecker activities is granted.
HE\APP\STRC04-8
Page 4 of 4
APPLICA nON NO.:
APPLICANT:
REQUEST:
Heavy Industrial zone
LOCA nON:
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EXHIBIT 2
CUP04-0008
James I. Hart on behalf of A One Japanese Auto
conditional use pennit to allow automobile wrecking and salvage activity in the M-2,
131 - 30th Street NE #8
Conditional Use Permit for Hearing Exa..._ ~i1er - Page 5
CONDITIONAL USE PERMIT
APPLICATION
******************************************************************************
~ r Nv.X
PROPERTY OWNER'S NAME
See. Twp. Rng.:
~u POY~ODO~
APPLICATION NUMBER
Zone Existing: li.::...-Jì
Area Code:
Request:
Seheduled Publie Hearing: D-- )--1 {) 4 Date Roeeived: !{2 ~{p -{)t{'
SWIProjoet Coordinator: _~ h (. yY\ ~U--
******************************************************************************
Do Not Write Above This Line
APPLICANT: COMPLETE TillS FORM WITH ALL ENTRIES BEING TYPED (except
signatures) OR NEATLY PRINTED IN INK. IF ADDED SPACE IS NEEDED, ATTACH
THE ADDITIONAL REQUIRED PAGES TO TillS APPLICATION.
I (we), the undersigned, OWNER(S) of property numbered opposite my (our)
names(s) hereby petition for a Conditional Use Permit for the following use:
(Please attach a 1/2 (typed) page explaining your proposed use.)
A. How is the property involved in this application more suitable for the Conditional
Use Permit than those uses permitted outright in the present zoning classification?
The applicant is already established at this location. The State of
Washington requires that they obtain an automobile wrecking license. The
nature of the business will not change from what it is now under the
Administrative Use Permit
EXHIBIT 3
APPL\^CONDmONAL USE PERMIT
Rev. 1/28/04
" Conditional Use Permit for Hearing Exar.tutler - Page 6
.'
B. Why is this Conditional Use Permit compatible with the other existing uses in the
neighborhood?
There are similar types of businesses in the immediate area. The majority
of businesses in this area are small businesses such as this one.
c. Why is this Conditional Use Permit compatible with the existing zoning in the area?
All business ferformed at thie location will be done inside the building,
causing no change to the Heavy Industrial charactor of this existing area.
D. Why is this Conditional Use Permit consistent with the Comprehensive Plan for the
area?
I believe it is compatible with the comprehensive plan because
it does no distract fror.! the quality of this il"dustrial park.
APPL\^CONDITIONAL USE PERMIT
Rev. 1/28/04
Conditional Use Permit for Hearing Exa.. _lIer - Page 7
t '.'
ALL PROPERTY OWNERS INCLUDED IN TIDS APPLICATION MUST BE LISTED
BELOW OPPOSITE A "PARCEL NUMBER" WHICH IS ALSO SHOWN ON THE'
LEGAL DESCRIPTION AND INDICATES THE PROPERTY OWNED BY EACH
APPLICANT. YOUR SIGNATURE ALSO INDICATES YOU HAVE READ AND
UNDERSTOOD THE CONTENTS OF TIDS APPLICATION AND ITS
ATTACHMENTS
PARCEL NAME, ADDRESS AND PHONE NUMBER
NUMBER (Please Print)
00400-0040-08
James I. Hart
131 30th Street N.E.,
Auburn. WA 98002
253-833-1531
DESIGNATED CONTACT PERSON:
Name:
James I. Hart
Address:
1502 Pike Street N.W., Suite #6
City/Phone:
Auburn, WA
98001
253-833-.1531
SIGNATURE
~v7 rII~
PLEASE NOTE THAT THE SITE PLAN MUST ACCOMPANY THIS APPLICATION.
APPL\^CONDITIONAL USE PERMIT
Rev. 1/28/04
Conditional Use Permit for Hearing Examiner - Page 8
, ,
LEGAL DESCRIPTION OF PROPERTY
LEGAL DESCRIPTION:
The North 55 Feet Of The South 585 Feet Of The West 200 Feet OfH.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.
FEE PAYMENT: $773.00 for residential; ~~r eommereial pins $721.00 for an
Environmental Checklist .R. #
Cashier's Initials
Date Received
APPL\^CONDITIONAL USE PERMIT
Rev. 1/28/04
PROPOSED USE:
Wholesale and retail of imported used Japanese automotive engines. Under
Washington State Law (RCW 46.80) an automobile wrecking license must be obtained.
There will be no adverse impact on this industrial area. All activity will be done inside of
the facility. We need a Conditional Use Pennit for auto wrecking in order to get the
required license and to continue in business.
Peter B. Lewis, Mayor
25 West Main Street * Aubum WA 98001-4998 * www.cl.aubum.wa.us * 253-931-3000
NOTICE OF APPLICATION
This notice is to inform you that the City of Auburn has received the following application that
may be of interest to you:
Nature of Project or Request: CUP04-0008: Conditional Use Permit to allow automobile
wrecking and salvage activity in the M-2, Heavy Industrial zone.
Location: 131 30th Street NE, #8, Auburn, Washington
Date Application Received:
October 6, 2004
-
Date of Notice of Completeness: November 22, 2004
File No: CUP04-0008
Applicant: James Hart on behalf of A One Japanese Engine
Conditional Use Permit applications require a public hearing before the City of Auburn Hearing
Examiner and are reviewed against criteria set forth in Auburn City Code (ACC) Section
18.64.020 (A).
Preliminary Determination of Applicable Development Regulations: Zoning Code, Design
and Construction Standards Manual, Comprehensive Land Use Plan, International Building and
Fire Codes.
Other Permits Required: None. A City license endorsement for auto wrecking activities is
required.
Notice of Application Public Comment Period: This Notice of Application is issued December
6,2004 and requires a 15-day comment period. You are invited to comment, request a copy of
the decision, when available, and be made aware of any appeal rights. Comments in response
to this notice of application must be received in writing by the Auburn Department of Planning
and Community Development at 25 West Main, Auburn, WA 98001-4998 by Monday December
20, 2004.
Public Hearing: Also, a public hearing before the City of Auburn Hearing Examiner is required
for this Conditional Use Permit request and has been scheduled for Tuesday, December 21,
2004 at 7:00 p.m. in the Auburn City Hall City Council Chambers, 25 West Main Street. The
public hearing provides additional opportunity to comment on the Conditional Use Permit
proposal. All members of the public are welcome to provide written and/or oral testimony to the
Hearing Examiner at the public hearing.
If you have further comments or questions related to this application, you may contact the City of
Auburn Planning and Community Development Department at (253) 931-3090. If you call or
write, please reference file number CUP04-0008.
EXHIBIT 4
AUBURN * MORE THAN YOU IMAGINED
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EXA/S/r 5
NOTICE OF
PUBLIC HEARING
Please be advised that the AUBURN HEARING EXAMINER on December 21, 2004, at 7:00 p.m. will conduct a
PUBLIC HEARING on the following request:
APPLICATION NO. CUP04-0008
The request of James I. Hart on behalf of A One Japanese Auto for a conditional use permit to allow automobile
wrecking and salvage activity in the M-2, Heavy Industrial zone. The property is located at 131 - 30th Street NE #8.
The public hearing will be held in the Council Chambers, Auburn City Hall, located at 25 West Main Street. The
public is invited to attend to express comments or opinions. Written comments may be submitted prior to the
hearing to the Auburn Planning Department,25 West Main, Auburn, WA. 98001. If you have further comments or
questions, please call the Planning Department at (253) 931-3090. A staff report will be available approximately one
week in advance of the hearing date and can be obtained by contacting the City of Auburn Planning and Community
Development Department at (253) 931-3090. For citizens with speech, sight or hearing disabilities wishing to
review documents pertaining to this hearing, should contact the City of Auburn within 10 calendar days prior to the
meeting, as to the type of service or equipment needed. Each request will be considered individually according to
the type of request, the availability of resources, and the financial ability of the City to provide the requested services
or equipment. For the location of the property, refer to the cross-hatched area on the map below.
I-
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U
CERTIFICATION OF POSTING
APPLICATION NO.
CUP04-0008
LOCATED AT:
131 - 30th Street NE #8
DATE OF PUBLIC HEARING:
December 21, 2004
*******
*******
*******
PUBLIC HEARING NOTICES POSTED:
This date I certify that I affixed the Notice of Application and the Notice of Public Hearing to the land use posting
board prior to it being obtained by the applicant. These notices are required to be posted at least 10 days prior to the
public hearing as required by Chapter 18.68.040(B){lXa) of the Auburn Zoning Ordinance. The public hearing date
is scheduled for December 21,2004.
Date:
Name:
Tu Nguyen, Planning Department
EXHIBIT 6
ADMINISTRATIVE USE PERMIT
APPLICATION NO. ADM02-0001
REQUEST:
An automobile repair business
APPLICANT:
James Hart
LOCATION:
131 - 30th Street NE, space #8
DECISION:
Conditional approval
FINDINGS OF FACT
1. The applicant, James Hart, has requested an Administrative Use Permit to allow for one of his
tenants to establish an automobile repair business that will consist of the repair and sale of
automotive engines. The sales could either be wholesale or retail to the public. The business is
proposed to be located at 131-30th Street NE, space #8. This space had previously received an
Administrative Use Permit that allowed for another automobile repair business.
2. The property is located in an M-2, Heavy Industrial, zone. The M-2 zone may allow for automobile
repair if the Planning Director issues an Administrative Use Permit. The M-2 zone allows for the
wholesale trade of products as well as retail sales of products assembled on the premise is also
allowed.
3. The business will be approximately 4,400 square feet in size and is located in an existing multi-tenant
building. There are a number of other uses in the building including other automobile repair
businesses, manufacturing, assembling and storage uses.
4. The application indicates that 55 parking spaces are available for all tenants. The existing tenants
and the automobile repair business would require about 50 spaces as determined by the Zoning
Ordinance.
5. As with any automobile repair, it is possible that oils, greases and other fluids may leak. To mitigate
this potential impact, adequate oil and grease controls may be required to protect the storm drainage
and sanitary sewer systems.
6. The proposal is located in an area that has a large number of automobile related uses. This is due to
its location near the auto auction and the automobile uses along Auburn Way North.
7. The contents of the case file, #ADM02-0001, of this project, are hereby incorporated by reference
and made part of the record of this decision.
8. Pursuant to Section 18.64.040 of the Auburn Zoning Ordinance, the Planning Director may issue an
Administrative Use Permit only if the following findings of fact are met:
~
EXHIBIT 8
Application No. ADM02-000I-
September 8, 2004
Page 4
A. 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.
The proposal is located in an M-2, Heavy Industrial, zone. The M-2
zone allows for a wide range of uses with liberal performance
standards. The proposal would not be more of an adverse impact than
other permitted uses in the M-2 zone. Conditions of approval will
also be required to help mitigate any impacts.
B. The proposal is in accordance with the goals, policies and objectives of the Comprehensive
Plan.
Policy LU-108a speaks to allowing commercial uses within industrial
areas.
C. The proposal complies with all requirements of the Zoning Code.
The application meets or is capable of meeting all applicable Zoning
Code requirements.
D. 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.
There will be no changes in the building or lot that would be
inconsistent or inappropriate with the existing character of the
established heavy industrial uses in the area.
E. The proposal will not adversely affect the public infrastructure.
The infrastructure will not be impacted if appropriate mitigating
conditions are required that address the impacts that may occur from
the oils, greases, and fluids that may leak.
DECISION
For each of the above reasons, the decision of the Planning Director on this Administrative Use Permit,
Application No. ADM02-0001, is approval subject to the following conditions:
1. The applicant shall submit to the City Engineer's office a plan that addresses the impacts that may be
caused by the leaking of automobile fluids. This may include but not be limited to requiring floor
drains and/or oil/water separators. The City Engineer shall have authority to approve or approve with
conditions this plan.
2. The applicant shall contact the Auburn Fire Marshal's office to determine what applicable Fire Code
provisions apply. This may include installing fire sprinklers in the tenant space and provide adequate
emergency access around the building.
Application No. ADM02-000 1-
September 8, 2004
Page 5
3. A business registration is required to be issued from the City Clerk's office. The business registration
shall not be issued until conditions 1 and 2 have been satisfactorily met.
DATED and SIGN~D this 28th day of March, 2002.
Paul Krauss, AICP
Director, Department of
Planning and Community Development
NOTICE OF RIGHT TO APPEAL:
The decision of the Planning Director is final subject to appeal to Auburn's Hearing Examiner. Any
affected party may appeal the Director's decision within fourteen (14) days of the date of mailing of the
Director's decision. Appeals may be filed at the Auburn Planning Department.
AUP\02-1 DEC
STATE OF WASHINGTON
WASHINGTON STATE PATROL
2715 Rudkin Road · Union Gap, Washington 98903-1633 . (509) 575-2320
June 23, 2004
Mr. AndyHam
131 30th St. N.E. #8
Auburn W A 98002
........-~:~.
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"'\\;; ...~. .'
Dear Mr. Ham:
On J~e 18, 20<>:4, the Washington State Patrol (W~,)Pl investigated. a complaint of i1~egal
wrecking occumng on the property located at 13] :. 0 Street N.E. m Auburn, Washington. WSP
troopers observed vehicle parts and many used engines. The trooper also observed a repair shop,
with vehicles inside for repair. This location is a licmsed repair shop. Ifused engines and other
vehicle parts are being sold, a wrecking yard 1icensf~ should be applied for.
This is a violation of Revised Code of Washington (RCW) 46.80, which states, "It is unlawful
for a person to engage in the business ofwreclång vehicles without having first applied for and
received a license. A person or firm engaged in the unlawful activity is guilty of a gross
misdemeanor. A second or subsequent offense is a class C felony."
This is a warning to stop all illegal wrecking activities on the property. If compliance has not
occurred within thirty days fÌ'om the date of this letter, charges will be filed.
Any questions or concerns should be directed to Trooper S. Renee Padgett, Wrecking Yard
Inspector for King County (425) 455-7700.
Sincerely,
CHIEF LOWELL M. PORTER ..
~~>~~~
Captain Coral L. Estes
Commercial Vehicle Division
CLE:srp
cc: Mike Dunbar, City of Auburn/Code Compliancl~
Captain William L. Hilton, Bellevue
Trooper S. Renee Padgett, Commercial Vehicle Division/South Seattle
Sergeant Chan J. St. Clair, Commercial Vehicle DivisionlUnion Gap
EXHIBIT 9
...~~...
o
Auburn City Code
5.20.190 Motor vehicle wrecker businesses.
A. Definitions.
1. "Established place of business" means a building or enclosure which any
motor vehicle wrecker occupies either continuously or at regular periods for the
purpose of wrecking vehicles and where his books and records are kept and
business is transacted.
2. "Motor vehicle wrecker" means every person, firm, partnership,
association or corporation engaged in the business of buying, selling or dealing
in vehicles of a type required to be licensed under the laws of the state, for the
purpose of wrecking, dismantling, disassembling or essentially changing the form
of any motor vehicle.
3. "Motor vehicle wrecking yard" means an area outside of an enclosed
building where motor vehicles are disassembled, dismantled or junked or where
vehicles not in operable condition or used parts of motor vehicles are stored.
B. License Application - Qualifications - Requirements to Apply - Permit -
Issuance Prohibited Where Zoning Change Pending. No more vehicle wrecker's
permits shall be issued under the provisions of this chapter when a petition to
zone or rezone an area pursuant to the Auburn zoning code has been filed and
where the contemplated use of the property as a motor vehicle wrecking yard
would be nonconforming to the proposed zoning uses.
C. License Regulations.
1. Permit - Cancellation for Nonuse. The motor vehicle wrecker's permit to
operate a motor vehicle wrecking yard at the location noted in the application for
the permit will become void and automatically cancelled unless the party
commences use of the property listed on the application as an active operating
motor vehicle wrecking yard within 180 days from the date of application.
2. Operation Regulations. Every motor vehicle wrecker issued a permit to
engage in the business of motor vehicle wrecking within the city limits shall
conduct such business in accordance with the following requirements:
a. All wrecking, dismantling, disassembling or work substantially
changing the form of any motor vehicle or trailer, including the burning thereof,
and all storage of vehicles or part of vehicles, wrecked or to be wrecked, shall be
conducted entirely inside a building or buildings or on premises entirely enclosed
by a solid fence, wall or hedge at least eight feet in height. Such fence or wall or
hedge shall at all times be maintained in good repair and in a neat, substantial
and safe condition.
b. All gasoline or other inflammable liquid shall be drained and removed
from any motor vehicle within such building or buildings or fenced enclosure
before such vehicle is wrecked, dismantled, diSassembled, burned or
substantially changed in form.
c. All vehicles, chassis, parts and accessories acquired by any motor
vehicle wrecker shall be confined within the building or buildings or the fenced
enclosure at such motor vehicle wrecker's established place of business.
ACC 5.20.190
EXHIBIT 10
d. Display of all vehicles, chassis, parts and accessories by any motor
vehicle wrecker shall be confined within the building or buildings or the fenced
enclosure at the established place of business of such motor vehicle wrecker.
3. Permit - Rights Vest on Issuance. The right to construct and operate a
wrecking yard in accordance with a motor vehicle wrecker's permit vests on the
date that the party applies for their motor vehicle wrecker's permit if the permit is
issued and is consistent with the zoning ordinances, building regulations and
provisions of this chapter in force at the time of the application for the permit.
4. Burning Restrictions. No junk or other material shall be burned on the
premises in any incinerator not meeting the requirements of the building code of
the city. No junk, wrecked vehicles or other material shall be burned on the
premises except in accordance with the provisions of the fire prevention code of
the city which governs burning with open fires. All burning must also meet the
requirements of the State Environmental Protection Act and all other applicable
federal and state statutes.
5. Records. Records shall be kept of all vehicles that are destroyed or
dismantled in accordance with applicable state and federal regulations. (Ord.
4012 § 2, 1974.)
ACC 5.20.190
2