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HomeMy WebLinkAbout07-19-2005 ITEM VIII-A-1CITY OF AU -U WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject Ordinance No. 5928 for Date: Application No. CUP05-0002 7/14/2005 Department: Planning Attachments: Ordinance No. 5928, Budget Impact: H.E. Decision, Staff Report, Vicinity Map, D.N.S., Application Administrative Recommendation: City Council introduce and adopt Ordinance No. 5928. Background Summary: The Hearing Examiner on May 18, 2005, conducted a public hearing on the request of Harlow Hageness of Harlow's Bus Sales for approval of a conditional use permit to allow the sales and service of school busses within a Light Industrial district at 1240 West Main. 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. HE\CUP05-2 L0718-2 03.10.1 CUP05-0002 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ® Building ® M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor 0 Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ® Fire ® Planning ❑ Park Board ❑Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ® Public Works ❑ Human Resources Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until _!_!_ Tabled Councilmember: Norman Staff: Krauss Meeting Date: July 18, 2005 Item Number: VIII.A.1 AUBURN *MORE THAN YOU IMAGINED 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 Findings: 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 schools, and private groups. The business also services busses. The subject Ordinance 5928 July 13, 2005 Page 1 property is located at 1240 West Main in Auburn, Washington. Exhibit 1, 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 proposed activity is similar in character to these specifically listed activities. ACC 18.32.040. 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 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 map; 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. Pitcher. 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(B)(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 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. Ordinance 5928 July 13, 2005 Page 3 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. Pitcher. 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. Staffs recommended conditions included installation of a landscaped buffer along the site's frontage on West Main and compliance with an approved wastewater/stormwater 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. Pitcher. The Applicant voiced no objections to the recommended conditions of approval. Testimony of Mr. Hom. 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. 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; Ordinance 5928 July 13, 2005 Page 4 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 Findings 1. The proposed use is permitted within the zone. Bus sales can be permitted in the M1 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. 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 Ordinance 5928 July 13, 2005 Page 5 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. 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: Ordinance 5928 July 13, 2005 Page 6 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. 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. 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: PASSED: APPROVED: Ordinance 5928 July 13, 2005 Page 7 Peter B. Lewis MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: City Attorney 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. BEFORE THE HEARING EXAMINER OF THE CITY OF AUBURN In the Matter of the Application of Harlow Hageness, For a Conditional Use Permit NO. CUP05-0002 Harlow's Bus Sales, Inc. FINDINGS, CONCLUSIONS AND RECOMMENDATION SUMMARY OF RECOMMENDATION The Hearing Examiner recommends to the City Council that a Conditional Use Permit (CUP) to allow sales and limited service of school busses at 1240 West Main be APPROVED, subject to conditions. SUMMARY OF RECORD Reclixest Harlow Hageness of Harlow's Bus Sales (Applicant) requests approval of a CUP to allow the sales and service of school busses within a Light Industrial district at 1240 West Main. Hearing Date The Hearing Examiner held an open record public hearing on May 31, 2005. Testimonv The following individuals presented testimony under oath at the open record public hearing: Steve Pilcher, City of Auburn Planner Steve Horn, Applicant's Representative Exhibits The following exhibits were admitted at the open record public hearing: Exhibit 1 Staff Report, dated May 23, 2005 Exhibit 2 Vicinity map Exhibit 3 Application Exhibit 4 Notice of Public Hearing Exhibit 5 Affidavit of Posting Exhibit 6 Affidavit of Mailing Exhibit 7 Confirmation of Publication of Legal Notice Exhibit 8 Aerial Photograph Exhibit 9 Site Plan 'The aerial photograph in Exhibit 8 was taken prior to the Applicant's occupancy of the site. Testimony of Mr. Horn. Findings, Conclusions, and Recommendation Hearing Fxaminerfor the City gfAuburn BigFoot Java, CUP 05-0001 page 1 of 6 Upon consideration of the testimony and exhibits admitted at the open record hearing, the Hearing Examiner enters the following Findings and Conclusions: FINDINGS 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 schools, and private groups. The business also services busses. The subject property is located at 1240 West Main in Auburn, Washington. Exhibit 1, 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 (MI). 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 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 Findings, Conclusions, and Recommendation Hearing Examiner for the City ofAuburn Harlow Bus Sales, CUP 05-0002 page 2 of 6 tractor -trailers on its property in view of West Main. Exhibit 8, Aerial Photo; Exhibit 2, Vicinity map; Exhibit 1, page 3. 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. 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 ofAuburn Comprehensive Plan, page 14-14, Testimony of Mr. Pilcher. 9. M 1 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(B)(1). Properties in the MI 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 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. Findings, Conclusions, and Recommendation Hearing Examiner for the City of.4uburn Harlow Bus Sales, CUP O5-0002 page 3 of 6 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 wastewater/stormwater 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 RC W 35.63.130. The Hearing Examiner is also granted authority to place conditions on the conditional use permit pursuant to ACC 18.64.050. 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; Findings, Conclusions, and Recommendation Hearing Examinerfor the City of Auburn Harlow Bus Sales, CUP 05-0002 page 4 of 6 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 Findines 1. The proposed use is permitted within the zone. Bus sales can be permitted in the M1 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 Ml 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. 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 Findings, Conclusions, and Recommendation Hearing Examinerfor the City ofAuburn Harlow Bus .Sales. CUP 05-0002 page 5 of 6 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. RECOMMENDATION 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. 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. �� +t_ Decided this 1 day of June 2005. Findings, Conclusions, and Recommendation Hearing Examiner for the City of Auburn Harlow Bus Sales, CUP 05-0002 Theodore Paul Hunter City of Auburn Hearing Examiner page 6 of 6 GTTYOF _ * WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subiect:: Public Hearing Application No. CUP05-0002 Date: 5/23/2005 Department: Planning Attachments: Please refer to Exhibit Budget Impact: NA List Administrative Recommendation: Hearing Examiner to recommend to the City Council approval of the requested Conditional Use Permit based upon the Findings of Fact, Conclusions and Conditions as outlined. Background Summary: OWNER/APPLICANT: Harlow Hageness, Harlow's Bus Sales, Inc. REQUEST: Conditional Use Permit to allow the sales and service of school buses within a M1, Light Industrial zone district. LOCATION: 1240 West Main EXISTING ZONING: M1, Light Industrial EXISTING LAND USE: The applicant's business currently occupies the site. COMPREHENSIVE PLAN DESIGNATION: Light Industrial SEPA STATUS: Exempt eviewed y ounce Committees: eviewe y epa ments Divisions: Arts Commission COUNCIL COMMITTE S: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Serv. Finance Parks Human Services Park Board Planning & CD Fire Planning Public Works Legal Police Planning Comm. Other Public Works Human Resources Action: Committee Approval: Yes Yes No Council Approval: Call for Public Hearing Referred to Until / / Tabled Unties 7- i Councilmember: Norman Staff: Pitcher Meeting Date: March 22, 2005 Item Number: EXHIBIT 1 AUBURN *MORE THAN YOU IMAGINED Agenda Subiect: Public Hearing CUP05-0002 Date: The Comprehensive Plan designation, zoning designation and land uses of the surrounding properties are: EXHIBIT LIST Exhibit 1 Staff Report Exhibit 2 a'r di Use Exhibit 3 Application Exhibit 4 Notice of Public Hearing Site Light Industrial M1 Light Industrial Existing Harlow's Bus Exhibit 7 Confirmation of Publication of Legal Notice Exhibit 8 Sales North Li ht Industrial M1 Li ht Industrial vacant land South Li ht Industrial M1 Li ht Industrial warehousin East Light Industrial M1 Light Industrial storage yard, trucking business West Light Industrial M1 Light Industrial mixed industrial complex EXHIBIT LIST Exhibit 1 Staff Report Exhibit 2 Vicinity Map Exhibit 3 Application Exhibit 4 Notice of Public Hearing Exhibit 5 Affidavit of Posting Exhibit 6 Affidavit of Mailing Exhibit 7 Confirmation of Publication of Legal Notice Exhibit 8 Aerial Photograph Exhibit 9 Site Plan FINDINGS OF FACT: 1. Harlow Hageness (property owner), has applied for a Conditional Use Permit for this property to allow the continued operation of Harlow's Bus Sales, Inc., which provides school buses to school districts, private schools and church groups. (The activity is currently authorized via an administrative temporary use permit issued pursuant to ACC 18.46.060). Pursuant to ACC 18.32.040.A and E, both "automobile sales new and/or used to include passenger trucks and recreational vehicles" plus "heavy equipment sales," may be permitted when a conditional use permit has been issued pursuant to ACC 18.64. 2. The site is zoned M1 Light Industrial and is long and narrow (106 ft. wide), extending approx. 1,267 ft. south of West Main. The site features a paved driveway providing access to a portable office and maintenance buildings, located over 600+ ft. from West Main. The remainder of the site is covered with gravel. The site is fenced on the east, south and approx. 200 ft. south of West Main. An adjacent industrial building built on the property line forms the western boundary of the property. The site also includes above -ground fuel tanks. 3. The applicant's business consists primarily of new school bus sales. The application states that new buses are pre -sold before arriving at the site; an inventory of new buses is not maintained on the property. New buses are on-site for approx. 3 weeks while undergoing minor warranty labor, installation of local options and inspection by the Washington State Patrol. Harlow's Bus Sales also sells used buses. Page 2 of Agenda Subject: Public Hearing CUP05-0002 Date: 4. The site is part of a long strip of an area of M1 zoning along West Main that also features other automotive related uses, including auto repair, auto body shops, tire shops, etc., some of which are located within industrial complexes. An adjacent use to the east is Schneider Trucking, which features numerous semi -trucks and/or trailers parked in view of West Main. 5. West Main is classified as a Minor Arterial street that provides easy connection to the freeway system via West Valley Highway to the west or C St. SW to the east. 6. TheM1 Light Industrial zone district allows a limited range of commercial uses through either an Administrative Use Permit or Conditional Use Permit process. Although the intent of the M1 zone is to accommodate industrial uses, "there also may be some commercial uses permitted if the use enhances the quality of the area and does not disrupt the continuity of industrial uses." (ACC 18.32.010). 7. The Light Industrial Comprehensive Plan designation is intended to " accommodate a wide range of industrial or large scale commercial uses ... a wide range of industrial and heavy commercial uses may be permitted, subject to performance standards ... a wide range of commercial uses may be allowed on a conditional basis, provided that such uses support rather than detract from the industrial character of the area. " (page 14-14, Auburn Comprehensive Plan 8. Due to the pre -developed nature of the site, a SEPA checklist and determination were not required for this request. CONCLUSIONS: ACC Chapter 18.64 provides certain criteria for approval of a conditional use permit: 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. The M1 zone allows a variety of light industrial, heavy commercial and general commercial uses. In recent years, there has been increasing interest in locating heavy commercial—type uses within some of the City's industrial zones. Being a specialized use, the proposed bus sales and service involves minimal customer traffic to the site and is no more visually obtrusive than other uses (i.e., trucking business) allowed within the M1 zone. Staff rinds the proposal to be consistent with this criteria. 2. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. The Comprehensive Plan notes the Light Industrial land use designation may include limited commercial uses. The proposed bus sales and service is similar in character to other activities allowed within this area and can be judged to "not disrupt the continuity of industrial uses." Staff finds the proposal to be consistent with this criteria. 3. The proposal complies with all requirements of this title (i.e., Zoning Code). The proposed use meets all Zoning Code standards regarding setbacks, building height, parking, queuing space, pedestrian accessibility, landscaping, etc. Page 3 of 4 Agenda Subiect: Public Hearing CUP05-0002 Date: Staff finds the proposal to be consistent with this criteria. 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 proposed use occupies an existing developed site. Although the site is secured with chain-link fencing and an adjacent building, there is no landscaping between the site and West Main. Staff is recommending the applicant be required to install landscaping along the northern fence line to buffer the site from view. Staff finds the proposal to be consistent with this criteria, provided the recommended landscaping is installed. 5. The proposal will not adversely affect the public infrastructure. The Public Works staff notes that the site should be required to ensure that interior and exterior wash areas drain to the sanitary sewer system via an oil water separator. They also recommend the applicant be required to provide an operations and maintenance program for all stormwater facilities. Staff finds the proposal to be consistent with this criteria, provided the project is conditioned to meet the concerns of the Public Works Department. 6. The proposal will not cause or create a public nuisance. The proposed use is of low intensity, is located within an industrial area, and is located sufficiently distant from West Main to have minimal impact. If landscaping screening is installed as recommended, the site should have little impact. Staff finds the proposal to be consistent with this criteria. 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 of approval: 1. The applicant shall install a minimum 10 ft. wide strip of Type III landscaping along either the interior or exterior of the northern fence line to buffer the site from view. 2. The applicant shall provide an operations and maintenance manual for all stormwater facilities, including, but not limited to conveyance, storage and treatment facilities, per the standards of the Public Works Department. The applicant shall also enter into an agreement concerning abiding with the operations and maintenance program, which shall be recorded and run with the property. Staff reserves the right to supplement the record of the case to respond to matters and information raised subsequent to the writing of this report. HEVAPMSTRC05-2 Page 4 of 4 EXHIBIT 2 APPLICATION NO.: CUP05-0002 APPLICANT: Harlow's Bus Sales Inc. REQUEST: conditional use permit to allow the sale of school buses and repair LOCATION: 1240 West Main Street Fog 9WIN j EXHIBIT 2 APPLICATION NO.: CUP05-0002 APPLICANT: Harlow's Bus Sales Inc. REQUEST: conditional use permit to allow the sale of school buses and repair LOCATION: 1240 West Main Street CONDITIONAL USE PERMIT APPLICATION t Gid l �uGi,�41J 'A'( -L (',U Pry 5 - 000), PROPERTYOWNER'S NAME APPLICATION NUMBER Sec. • Twp• Rng•: Zone Existing: / � —I Area Code: Scheduled Public Hearing: Staff Project Coordinator Request: Date Received: y q ..............+.++.....:.......... a ak-.:+.+............................�. Do Not Write Above This Line APPLICANT: COMPLETE THIS FORM WITH ALL ENTRIES BEING TYPED (except signatures) OR NEATLY PRINTED IN INK. IF ADDED SPACE IS NEEDED, ATTACH THE ADDITIONAL REQUIRED PAGES TO THIS 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 Fuse) 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? Because of thesize of this parcel of land and building we believe that it better fits our intended use. The property is long and narrow with only 102 feet of frontage which may limit other development. The building fits our use because it is deep enough to fit 7 40 foot buses inside to work on at the same time. The property is also very suitable because there is ample spgee at the rear to store buses in forservice and waiting for delivery. our business also limits traffic to Monday through Friday, 8AM to 5 PM because we are not a retail type business. EXHIBIT 3 �Wd1z no 004 Femik Page 4 of 7 B. Why is this Conditional Use Permit compatible with the other existing uses in the neighborhood? Many other automotive based businesses are in this M-1 zoned area There are auto repair, body shop, truck parking, bus charter, industrial parts, tire shop businesses to name a few. Our business is similar in nature. We are low polluting, low water use low noise producing. C. Why is this Conditional Use Permit compatible with the existing zoning in the area? With a Conditional Use Permit the M-1 zoning seams to allow some commercial uses such as ours. We understand that the purpose of M-1 is to accomodate indthstrial uses but we believe that the type of equipment that we sell and service fit in well with the surrounding businesses. In other words we wont look out of place. Our bxitting building also fits with the other metal structures in the area. D. Why is this Conditional Use Permit consistent with the Comprehensive Plan for the area? It would seam that the comprehensive plan would call for a consistant tax base with a mix of businesses that stay and grow in the area. Although our business is somewhat seasonal we plan to grow at a steady pace over the next few years. We believe we compliment the light industrial base in this plan because we are low polluting, low noise, minimal traffic and provide a diverse use for the area. We also fit the M-1 zoning because most of our work on vehicles is done inside the building. Conditional Use Permk Page 5 of 7 Revised 12AM004 ALL PROPERTY OWNERS INCLUDED IN THIS 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 THIS APPLICATION AND ITS ATTACHMENTS. PARCEL NAME, ADDRESS AND PHONE NUMBER SIGNATURE NUMBER (Please P zz Fax number�1Y`9 )4- �r y��j E-mail address all a- r:) nit j ( ) 'L "- - YA A Qxlnt Fax number E-mail address DESIGNATED CONTACT PERSON - Name: cs>i u as- Address:1� City/Phone: ; �'r Ivo i Fax number � " E-mail addres,;s � •w c f✓ Indicate Method for Future Notifications Fax Mail Telephone_ q(31 - -7700 E-mail _ ,k PLEASE NOTE THAT THE SITE PLAN MUST ACCOMPANY THIS APPLICATION. Conditional Use Permit Roods 1?/30M, Page 6 of 7 LEGAL DESCRIPTION OF PROPERTY 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 therof. FEE PAYMENT: $778.00 for residential; $1,038.00 for commercial; plus $727.00 for Environmental Checklist T.R. # Cashier's Initials Condi Tonal Use Permit Revised 12MCOD4 Date Received Page 7 of 7 Proposed use of property at 1240 West Main Street, Auburn, WA 98001 1. Our main business is new school bus sales. With the exception of a couple of demonstrators, all new buses are pre -sold before they get to our lot. Unlike a truck dealer, we do not inventory new unsold buses at our location for retail sale. As part of the new bus sale, our service shop performs minor warranty labor, installs local options and does a pre -delivery inspection on the buses. Then the State Patrol comes in and inspects the buses prior to delivery to the customer's location. A bus will generally spend about 3 weeks in our yard. 2. In order to service our customers we stock an inventory of service parts for buses. These parts are used either in our shop or shipped to school districts in the state. Most of these parts are shipped via UPS or DHL. 3. We also sell used buses. We anticipate having about 10 to 12 used buses for sale on our lot at any one time. These buses will be displayed behind a fenced area far back from Main Street. All buses run and drive and have come from local school district fleets. Based on the number of buses on site at any one time, we would say that 75% of our site would be used for new pre -sold buses, 10% vacant, 10% for used buses and 5% for customer warranty service. The number of buses on site will vary depending on the time of year. At this time 99% of the buses we sell are school buses. We do sell a small white bus like the airport shuttles but that is a minimal part of our business. We do not service or sell transit buses or motorcoaches. April 28, 2005 HARLOW'S BUS SALES, INC. 1240 WEST MAIN STREET, AUBURN, WA 99001 Mr. Al Hicks, Economic Development Planner City of Auburn - 25 West Main Street Auburn, Washington 98001 Dear Mr. Hicks; T 253 939 7700 F 253 939 7600 Harlow's Bus Sales is please to provide the enclosed application for a Conditional Use Permit for 1240 West Main Street. We have been a Washington new vehicle dealer since January of 2001. Harlow's have been in business for approximately 40 years and represent IC Corporation buses (a division of International Truck and Engine) and Collins Industries in 6 western states. We recently purchased the property at 1240 West Main Street and have moved our operation from a location in Tacoma, WA. Harlow's Bus Sales is a responsible member of the business community providing living wage jobs to over 15 full time employees. A copy of our Temporary Use Permit request that has already been submitted is also included. Thank you for your consideration and if you have additional questions please call me at 253-939- 7700. Best re ds; Hom, Manager Harlow's Bus Sales, Auburn CITY OF WASHINGTON EXHIBIT 4 NOTICE OF PUBLIC HEARING Please be advised that the AUBURN HEARING EXAMINER on May 31, 2005, at 7:00 p.m. will conduct a PUBLIC HEARING on the following request: APPLICATION NO. CUP05-0002 The request of Harlow's bus Sales, Inc., for a conditional use permit to allow the sale of school buses and repair. The property is zoned MI, Light Industrial, and is located at 1240 West Main Street. 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. AFFIDAVIT OF POSTING APPLICATION NO. CUP05-0002 LOCATED AT: 1240 West Main Street DATE OF PUBLIC HEARING: May 31, 2005 PUBLIC HEARING NOTICES POSTED: On , I certify that I did affix public hearing notices to the land use posting board. These notices a e required to be posted at least 10 days prior to the public hearing as required by Chapter 18.68.040(B)(1)(a) of the Auburn Zoning Ordinance. The public hearing date is scheduled for May 31, 2005. Date: ©1--11 —0900J Name: C t ycro i lV Tu Nguyen, Plann ng Department EXHIBIT 5 AFFIDAVIT OF PUBLICATION AND MAILING CERTIFICATION OF PROVIDING FOR THE PUBLICATION IN THE KING COUNTY JOURNAL ON THE FOLLOWING: APPLICATION NO.: CUP05-0002 APPLICANT: . _ Harlow's Bus Sales Inc. DATE OF PUBLIC HEARING: May 31, 2005 I did on May 13, 2005, send via e-mail to the King County Journal a newspaper of general circulation a notice of public hearing, as required by City of Auburn Zoning Ordinance Chapter 18.66.130 and 18.70.040, and for said notice to be published on May 18, 2005, at least 10 calendar days prior to the public hearing. I also on May 18, 2005, sent to all the legally known property owners within 300 feet of the proposed site a copy of the notice of public hearing for the above stated application at least 10 calendar days prior to the public hearing. Patricia Zook, Planning Se tary EXHIBIT 6