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Home My WebLink About5195 Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): ORDINANCE NO. 5195 Reference Number(s) of Documents assigned or released: l']Additional reference #'s on page of document Grantor(s)lBorrower(s) (Last name first, then first name and initials) CITY OF AUBURN Grantee/Assignee/Beneficiary: (Last name first) MOUNTAIN REAL ESTATE HOLDINGS, INC Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) ~ SECTION39, TOWNSHIP21N, RANGE04, LOCATED AT1436 AUBURN WAY S, AUBURN, WA DESCRIBEDAS · ~ FOLLOWS: Assessor's Tax Lot 5 in Section 39, Twp 21 N, Range 4, E.W.M., described as follows: Lots 1,2, and 3 iiof Lloyd A. Knowles 3rd Addition to the City of Auburn, in King County, Washington 129 Additional legal is on page ~of document. Assessor's Property Tax Parcel/Account Number ! 392140-0005 1F FI Assessor Tax # not yet assigned ORDINANCE NO. 5 i 9 5 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO ALLOW FOR A DRIVE-UP BANKING FACILITY ON PROPERTY ZONED C-1 (LIGHT COMMERCIAL) LOCATED AT 1436 AUBURN WAY SOUTH, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application No. CUP0004-98 dated October 8, 1998, together with site plans therefore, has been submitted to the City of Auburn, Washington, by MOUNTAIN REAL ESTATE HOLDINGS, INC., requesting a Conditional Use Permit to allow for a drive-up banking facility on property zoned C-1 (Light Commercial) located at 1436 Auburn Way South, within the City of Auburn, Washington, hereinafter described in Section 2 of the Ordinance; and WHEREAS, said request above referred to, was referred to the Hearing Examiner for study and public hearing thereon; and Ordinance No. 5195 December 8, 1998 Page 1 W~EREAS, the Hearing Examiner, based upon staff review, held a public hearing to consider said petition in the Council Chambers of the Auburn City Hall, on November 17, 1998, at the conclusion of which the Hearing Examiner recommended the approval of the issuance of a Conditional Use Permit to allow for a drive-up banking facility on property zoned C-1 (Light Commercial) located at 1436 Auburn Way South, within the City of Auburn, Washington; and WHEREAS, the City Council, on December 7, 1998, considered said request and affirmed the Hearing Examiner's decision for the issuance of a Conditional Use Permit to allow for a drive-up banking facility on property zoned C-1 (Light Commercial) located at 1436 Auburn Way South, within the City of Auburn, Washington, based upon the following Findings of Fact and Conclusions, to-wit: FINDINGS OF FACT 1. The applicant, Mountain Real Estate Holdings, Inc., has requested a conditional use permit to allow for a drive-up banking facility to be located at 1436 Auburn Way South. The property is located in a C-I, Light Commercial, zone and pursuant to Section 18.26,030(F) of the City's Zoning Ordinance, drive in facilities are Ordinance No. 5195 December 8, 1998 Page 2 allowed in the C-1 zone if a Conditional Use Permit is approved by the City. 2. On the site there now exists a 1,450 square foot building. The application indicates the building was constructed in 1970 and was used as a bank, including the use of two drive-up lanes, until 1989. In 1989 the building was then used as a professional office which did not include the use of the drive-up facilities. 3. Subsequent to the establishment of the original bank and the drive-in facilities, the City amended its Zoning Code to require drive-in facilities in C-1 zones to obtain a conditional use permit. Since there has been an intervening use, that did not use the drive-in facilities, the City determined that a conditional use permit was now required for the drive-up facilities being proposed for the reuse of the building as a bank. 74. The proposal is located at the intersection of Auburn Way South, '~M" Street SE, and 17th Street SE. This intersection is one of the busiest in the City. The existing facility currently has a driveway that fronts on "M" Street and another that fronts on Auburn Way South. Given the nearness of the driveways with the intersection, special attention should be given to the internal traffic flow such that its impact is minimized at the intersection. 5. The City's Traffic Engineer has reviewed the application and has recommended that both exiting driveways be posted with a sign that reads that only right turns are permitted. 6. The contents of the case file, #CUP0004-98, of this project are hereby incorporated by reference and made part of the record of this hearing. Ordinance No. 5168 November 4, 1998 Page 3 CONCLUSIONS OF LAW 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. 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. Since the bank is a relatively small building, 1,450 square feet, the number of vehicle trips should not be an adverse impact upon the area. Measures do need to be taken to minimize the impact of exiting traffic to the public streets. 2. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. As discussed on pages 14-9 and 14-10 of the Comprehensive Plan, it states that drive-in facilities may be a compatible use in the C- 1 zone if a conditional use permit is approved such that the pedestrian environment is not seriously affected. The proposal as conditioned is consistent with this requirement. 3. The proposal complies with all requirements of the Zoning Ordinance. The site plan as submitted illustrates that the proposal either meets or is capable of meeting the requirements of the Zoning Ordinance. Ordinance No. 5195 December 8, 1998 Page 4 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. Both the bank building and the drive-up facilities now exist and are compatible with a commercial area. 5. The proposal will not adversely affect the public infrastructure. With measures taken to minimize the impact of exiting traffic to the public streets there should not be an impact to the public infrastructure. For each of the above referenced reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this Conditional Use Permit to allow for a drive- up banking facility on property zoned C-1 (Light Commercial) located at 1436 Auburn Way South, within the City of Auburn, Washington is approved. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The above cited Hearing Examiner's Findings of Fact and Conclusions, are herewith incorporated in this Ordinance. Ordinance No. 5168 November 4, 1998 Page 5 Section 2. A Conditional Use Permit is hereby approved to allow for a drive-up banking facility on property zoned C-1 (Light Commercial) located at 1436 Auburn Way South, within the City of Auburn, County of King, State of Washington, legally described as follows: Assessor's Tax Lot 5 in Section 39, Twp 21 N, Range 4, E.W.M., described as follows: Lots 1, 2, and 3 of LLOYD A. KNOWLES 3~ ADDITION to the City of Auburn, in King County, Washington. Section 3. ~Right turn only" signs shall be placed at both existing driveways. Section 4 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 5. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Ordinance No. 5195 December 8, 1998 Page 6 Section 6. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: Deer 21, 1998 PASSED: December 21, 1998 APPROVED: December 21, 1998 CHARLES A. BOOTH MAYOR ATTEST: Danielle E Daskam, ' City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Ordinance No. 5168 November 4, 1998 Page 7