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Home My WebLink About5668i CN C� CD C) CD C�- C) C`. CD CN 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): 1. Ordinance No. 5668 way -)y -12 - Reference z Reference Number(s) of Documents assigned or released: ❑Additional reference Ws on page _ of document Grantor(s) (Last name first, then first name and initials) 1. Auburn, City of eta, •, _ - Grantee: (Last name first) 1. Stobie, Trussler, Clair and Hart a's to i`s P*-tec'! UplS'c11 Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) NE 1-21-4 Z Additional legal is on page 8 of the document. Assessor's Property Tax Parcel/Account Number: 012104-9029-0e ❑ Assessor Tax # not yet assigned ORDINANCE NO. 5 6 6 8 AN ORDINANCE OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO ALLOW FOR RETAIL AUTOMOBILE SALES ON PROPERTY ZONED M-2 (HEAVY INDUSTRIAL), LOCATED AT 328 37TH STREET NW, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application No. CUP02-0002 dated March 28, 2002 was submitted to the City of Auburn, Washington, by James Hart, a partner with Stobie, Trussler, Clair and Hart for a Conditional Use Permit for property zoned M-2 (Heavy Industrial District), located at 328 37th Street NW, within the City of Auburn, Washington, hereinafter described below and as identified on Exhibit "A" attached hereto and incorporated in this Ordinance by this reference; and WHEREAS, said request above referenced was referred to the Hearing Examiner for study and public hearing thereon; and WHEREAS, the Hearing Examiner, based upon staff review, held a public hearing to consider said petition in the Council Chambers of the Auburn City Hall, on May 21, 2002 and the Hearing Examiner recommended approval of the application on May 30, 2002. WHEREAS, the City Council, on June 3, 2002, considered said request and affirmed the Hearing Examiner's decision for the issuance of a Conditional Use Permit to allow automobile sales on property located at 328 37th Street NW Ordinance 5668 June 5, 2002 Page 1 zoned M-2 (Heavy Industrial District) within the City of Auburn, Washington, based upon the following Findings of Fact and Conclusions of Law and Decision, to -wit: FINDINGS OF FACT James Hart, a partner with Stobie, Trussler, Clair and Hart has applied for a conditional use permit that would allow the retail sale of automobiles at 328 37th Street NW. The property is currently zoned M-2, Heavy Industrial District. Ordinance 5668 June 5, 2002 Page 2 2. The M-2, Heavy Industrial District, under the provisions of Section 18.34.040(6) of the Auburn City Code, allows for the retail sale of automobiles if a conditional use permit is issued. The subject building is a multiple tenant building approximately 22,000 square feet in size and CN contains a variety of land uses that includes machine shops, construction contractors and an auto repair facility. The subject tenant space for which the conditional use permit shall apply is approximately O 3,700 square foot. ® 0 3. The applicant has indicated that the majority of the proposed business activity is wholesale trade and storage, which is a use permitted outright r- in the M-2 Heavy Industrial District. The retail trade of vehicles does require a conditional use permit and the applicant has indicated that the O maximum number of vehicles available for retail sales would be up to 3 CN or 4 vehicles at a time. Q Q 4. City records indicate that an oil/water separator has been installed in the 04 subject tenant space under a previous application. 5. The proposed business will be required to obtain a business registration prior to conducting business at the subject location. 6. The contents of the case file, CUP02-0002, for this project are hereby incorporated by reference and made part of the record of this hearing. Ordinance 5668 June 5, 2002 Page 2 CONCLUSIONS OF LAW The Undersigned 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. 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 retail portion of the business will cause any adverse effects to any of the adjoining uses. Vehicles offered for retail trade shall be located within the building and it is not anticipated that the retail trade will generate appreciable amounts of traffic from the general public. 2. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. The Comprehensive Land Use Plan Policy 109(a) and (c) addresses the grouping of mutually beneficial uses and specifically speaks to allow commercial uses within an industrial zone when that commercial use serves CD or supports adjacent industrial uses. The subject location is across from the O Auto Auction, which is also located within the same M-2, Heavy Industrial ® District. %1D 3. The proposal complies with all requirements of the Zoning Ordinance. ® The proposal complies or is capable of complying with the Zoning C`' Ordinance. C) 4. The proposal can be constructed and maintained so as to be harmonious CN and appropriate in design, character, and appearance with the existing or intended character of the general vicinity. 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. The City has issued a conditional use permit for the retail sales of automobiles in the structure Ordinance 5668 June 5, 2002 Page 3 immediately west of the subject structure [420 37th Street NW, Suite "G" by City Ordinance No. 5213, (related City file no. CUP0007-98)]. 5. The proposal will not adversely affect the public infrastructure. There is no indication that public infrastructure would be affected by the proposal. DECISION For each of the above reasons, the recommendation of the Hearing Examiner to the Auburn City Council on this conditional use permit application is approval, subject to the following conditions: 1. All vehicles available for sale shall be within the subject building. 2. Prior to the issuance of a business registration, the applicant shall demonstrate to satisfaction of the City Building Official, or his designated �U representative, that the existing oil/water separator is connected to the sanitary sewer system, has been properly maintained and is in good working order. At the direction of the Building Official, the subject oil/water separator shall be cleaned or replaced if deemed necessary. There shall be CD O no washing or detailing of vehicles on-site until this demonstration has been lid completed. L� NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, CO WASHINGTON, DO ORDAIN as Follows: C^ Section 1. Purpose. The above-cited Hearing Examiner's Findings of O CN Fact and Conclusions of Law and Decision, are herewith incorporated in this Ordinance. Section 2. A Conditional Use Permit is hereby approved to allow for a automobile sales on property zoned M-2 (Heavy Industrial District) located at Ordinance 5668 June 5, 2002 Page 4 328 37th Street NW and identified on Exhibit "A" attached hereto and incorporated in this Ordinance by this reference in the City of Auburn, County of King, State of Washington. Section 3. 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. C%I Section 4. Recording. Upon the passage, approval and publication L�— of this Ordinance as provided by law, the City Clerk of the City of Auburn shall CD C3 cause this Ordinance to be recorded in the office of the King County Auditor. O �D Section 5. Implementation. The Mayor is hereby authorized to Lam- implement such administrative procedures as may be necessary to carry out CD C`ti the directions of this legislation. CD C7 Section 6. Effective date. This Ordinance shall take effect and be in C\I force five days from and after its passage, approval and publication as provided by law. Ordinance 5668 June 5, 2002 Page 5 INTRODUCED: JUN 17 2002 PASSED: JUN 17 2002 APPROVED: JUN 1 7 2002 PETER B. LEWIS MAYOR ATTEST: !.' �....A. mo mm- .. Daskam City Clerk D AS VS. Heid Attorney FORM: PUBLISHED: 6 -a1 "U Z Ordinance 5668 June 5, 2002 Page 6 LEGAL DESCRIPTION The east half of that portion of the southwest quarter of the northeast quarter of Section 1, Township 21 North, range 4 east, Willamette Meridian, in King County, Washington, described as follows: Beginning at a point on the southerly line of Mill Street in plat of the Town of Christopher, according to the plat thereof recorded in volume 7 of Plats, page (s) 30, in King County, Washington which is 545 feet westerly of the centerline of the right of way conveyed to the Puget Sound Shore Railway Company (now Northern pacific Railway Company) by deed recorded in Volume 24 Deeds, page 263, records of said C Thence westerly along the southerly line of said Mill Street 37125 feet %10 Thence southerly parallel to the centerline of said right of way 352 feet cl— Thence easterly parallel to the southerly line of said.Mill Street 37125 feet; CD Thence northerly parallel to the centerline of said right of way 352 feet to the point of beginning; (also known as east half of unplatted Parcel "A", block 3, Christopher Garden Tracts, according to the plat O thereof; recorded in Volume 23 Plats, Mage (s) 6, in Icing County, Washington. r CD CN CD N Ordinance 5668 Exhibit A