HomeMy WebLinkAbout6213
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. _Retum Address: 1008
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Auburn City Clerk ~C+''IC ~ 008 ORD
City of Aubum iZGE8 09:58
25 West Main St. KING COUN7Y, wA
' Aubum, WA 98001
RECORDER'S COVER SHEET
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Document Totle(s) (or transactions contained therein):
Conditional Use Permit (Ordinance No. 6213) PACIFIG NORTfMT TITLE
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Refetence Number(s) of Documents assigned or released:
ElAdditional_reference #'s on page of documen4 Graretor(s)/Bo.rrower(s) (Last name first, then first name nd initials)
Aubum, City of
' Grantee/Assignee/Beneficia.ry: (Last name first) .
. 1. Scorpion Motorsports Legal Desciiption (abbreviated: i.e. lot, block, plat or section, township, range)
Thatportion of the east half of #he WA Cox Donation Land .Claim, Section 31, T22 N, R
5E - ~ Additional Iegal is on page 8 of document. _
Assessor's Pcoperty Tax Parcel/Account Number
9360600352
❑ P►ssessor Tax # not yet assigned
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ORDINANCE NO. 6213
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING A-CONDITIONAL USE PERMIT TO ALLOW OPERATION.OF A MACHINE SHOP WITH
ASSOCIATED RETAIL SALES IN THE C3 - HEAVY '
COMMERCIAL DISTRICT
WHEREAS, Application No. CUP08-0001, received January 11, 2008, was
submitted to the City of Auburn, Washington, by George R. Anex on behalfi of Scorpion
Motorsports, for approval of a Conditional Use Permit to allow operation of a machine shop with associated retail sales in the C3 - Heavy Commercial Zoning District; and
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WHEREAS, the site of the proposed use is located at 309 4e Street NE;. and is
identified by King County Tax Parcel #9360600352; and
WHEREAS, •on October 22, 2008, the Hearing Examiner conducfed a duly
noticed public hearing on the matter and on October 31, 2008, issued a decision,
recommending the City Council approve the Conditional Use Permit; with one (1)
condition based on the following Findings of Fact and Conclusions, tawit:
FINDINGS OF FACT
Procedural:
1. Applicant. George R. Anex, for Scorpion Motocsports.
2. Hearina. The Hearing' Examiner conducted a hearing on the application at 5:30
p.m. at Aubum City Hall in the Council Chambers on October 22, 2008.
Substantive:
3. Site/Proposal Description.
Scorpion Motorsports, a manufacturer and distributor _ of motorsports parts and
accessories proposes operating a machine shop, an office, and a small area for on-site
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Ordinance No. 6213
November 13, 2008 '
Page 1 of 7
retail sales within a C3 Heavy Commercial Zoning District: The applicant has applied for
a business license to operate Scorpion Motorsports; manufacturing/distributing
mortorsports related goods and selling T-shirts, duffle bags, and custom motorcycle .
parts and accessories. Tlie status of this permit is on hold until the outcome of the
decision of the conditional' use "peRnit for the site. The site of the proposed use is an
existing 17,600 square foot multi-tenant light industrial/commercial building located on a
36,884 square foot lot. l'he proposed use would occupy an existing 4,130 square foot
commercial suite in the building. Approximately 3,730 square foot of the space would be
used for manufacturing and approximately 400 square feet would be used for relafed
offce and retail sales areas. The address of the property is 309 49th Street NE, Suite C.
4. Characteristics of the Area.
Other existing tenants on the site include Transit Plumbing (plumbing confractor), and
TCA, Inc. (manufacturer/distributor of electronic cable assemblies). Surrounding
development includes Auburn Detail (auto detailing), and a real estate office on the
parcel immediately east of the site; an unoccupied and gated single-family residential
property immediately to the west; Hammer Auto Brokers; and a single-family residence
to the southwest. The parcels to the north and northwest of the site are vacant. The
surrounding area is also zoned C3, and the Comprehensive Plan for surrounding areas
is a combination of High Density Residential and Heavy CommerciaL
5. Adverse Imqacts.
The C3 zoning district allows a variety of commercial uses as permitted outright while
light manufacturing uses require review and approval of a conditional use permit. The
necessary structure, as well as parking, is already present on the site, and only minimal
construction will be required to c.arry out the needs of the new business space. In
addition, the use is consistent with other commercial and business uses in the area, and
will not bring any form of business that would be inconsistent with the intentions of the
C3 district. As such, this project will not have greater effects or be more injurious than
any of the other currently permitted uses already in the zoning district.
CONCLUSIONS OF LAW
Procedural:
1. Authoritv of Hearina Examinec. ACC 18.64.020(A) grants the Hearing Examiner
with the authority to review a request for a Condifional Use Permit and make a
recommendation to the City Council, ,
Substantive:
Ordinance No. 6213 November 13, 2008
Page 2 of 7
2. Zoninq Desiqnation. The property is zoned C3 - Heavy Commercial, and the
Comprehensive Plan Designation is High Density Residential and Heavy Commercial.
3. Review Criteria and Apalication. Pursuant to Aubum City Code (ACC)
18.30.030(c), miscellaneous light manufacturing with retail sales of products `
manufactured on the premises may be permitted when a Conditional Use Permit has
been issues pursuant to ACC 18.64. The criteria for a conditional use permit are
satisfied as outlined below where each criterion is in ifalics and the application to the
project is applied in corresponding Conclusions of Law.
ACC 18.64.040(AThe 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.
4. The C3 zoning district allows a variety of commercial uses as peRnitted outright
while light manufacturing uses require review and approval of a conditional use permit.
The project site contains an established commercial/light industrial building. A traffic
study was previously done for this site as part of the SEPA review for construction of the
building in 2000, and is not required for the cuRent proposal. The required access,
parking, and intemal driveway/tumaround areas are proyided. A building permit must be
obtained and plans submitted to the City of Aubum Permit Center to comply with City of
Aubum building code requirements for the unpermitted tenant improvements including a
demising wall and offices that have been constn.icted within the building. In addition, as
. conditioned, the project is not expecfed to have greater effects or be more injurious than
any of the other current uses within the zoning district.
ACC 18.64.040(B): The proposal is in accordance with the goals, policies and
objectives of the Comprehensive Plan.
5. As noted in the staff report, the project is consistent with Aubum Cornprehensive
Plan Policies LU-43, LU-47, LU-103 and UD-1 in that the project includes sufficient
landscaping and design features to minimize impacts on surrounding uses and will not
be more disruptive to existing uses than necessary. Compatibility with existing uses will
not create any conflicts, and the aesthetic character of the community will be preserved.
As such, the proposal is in accordance with the goals, policies, and objectives of the
Comprehensivet Plan.
ACC 18.64.040(C): The proposal complies with all requirements of this title.
6. This proposal will satisfy all requiremerrts of this title, as it will be located within
an existing facility, adequate off-street parking is already available, and no new
landscaping is necessary or required. There is nothing in the record to suggest non-
cornpliance with any other portions of the title.
Ordinance No. 6213
November 13, 2008
Page 3 of 7
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ACC 18.64.040(D): The proposal can be constructed and maintained so as to be
harmonious and approp"riate in design, character and appearance with the existing or
intended character of the general vicinity.
7. The proposal does not involve construction of a new building. The use is located
within an existing facility,, all.operations are conducted inside the building, adequate off-
street parking is already available, and no new landscaping is necessary or required. As
such, the proposed use requires no new construction; only perhaps minor interior
alferations in the future that will be subject to the building permit process of the City. In
addition, the character and appearance of the existing vicinity will be maintained, due to
no exterior modifications being made.to the existing strucfure.
ACC 18.64.040(E): The proposal will not adversely affect the public infrastructure.
8. The proposal has been reviewed by other city departments and the Valley
Regional Fire Authority. Based on comments received during the review process, there
is no evidence that the public infrastructure will affected by the propbsal. In addition, the
parking necessary to accommodate the business is already provided on the site and will
not affect other parking in the area. There is no evidence in the Record to suggest that
other public infrastructure would be adversely affected by the project.
ACC 18.64.040(F): The proposal will not cause or create a public nuisance:
9. The proposal involves a light manufacturing/commercial use in an existing light
manufacturing/commercial multi-tenant building. Nearby and adjacent uses include a mix
of other businesses, an unoccupied and gated single-family residence to the west, and a
single-family residence across the street. There is no record of Scorpion Motorsports
having caused any public nuisances. Additionally, several neighboring businesses on
the subject property and adjacent property to the east have provided letters stating that
. the proposed use has not been a nuisance and is consisfenf with the surrounding area
(see applicant submittal, Exhibit No. 2). Given these factors, the proposal will not cause
or create a public nuisance.
RECOMMENDATION Based on the application and Findings of Fact and Conclusions of Law, the Hearing -
Examiner recommends approval of CUP08-0001, subject to.the following condition:
1. The applicant shall submit plans and comply with City of Aubum Building Code
review and approval requirements for unpermitted building improvements within 30
days of the effective 'date of the City Council ordinance approving the Conditional
Use Permit.
NOW THEREFORE; THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Ordinance No. 6213
November 13, 2008
Page 4 of 7
Section l. ApprovaB. The request for approval of a Conditional Use Permit to
allow operation of a machine shop with associated retail sales in the C3 - Heavy
Commercial Zoning District is hereby APPROVED based upon the Hearing Examiner's
Findings of Fact, Conclusions and Recommendation for the property located at 309 49"'
Street NE (King County Parcel #9360600352) idenfified in Exhibit °A° attached hereto
and incorporated by reference. •
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, approvaF and publication of this
Ordinance as provided by law, the City Clerk of the City of Aubum 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
legistation.
Section 5. Effective Date. This Ordinance shall take effect and be in force five
days #rom and after its passage, approval and publication, as provided by law.
INTRODUCED: NOV 17 2008
PASSED: =
APPROVED: NOV 17 2008
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PETER B. LEWIS .
_ MAYOR.
Ordinance No. 6213 November 13, 2008 '
Page 5 of 7
ATTEST
Danielle;E. Daskam, . City Clerk -
APPRO D AS TO FORM-
D el B.
City Attomey PUBLISHED:
. Ordinance No. 6213
November 13,2008
Page 6 of 7
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EXHIBIT A 1
LEGAL DESCRIPTION
King County Assessors Tax Parcel No. 9360600352
THAT PORTION OF THE EAST HALF OF THE W.A. COX DONATION LAND CLAIM,
SECTION 31, T 22 N, R 5 E, W.M:, IN KING COUNTY, WASHINGTON DESCRIBED ,
- AS FOLLOWS: BEGINNING 2454.4 FEET WEST OF THE NORTHEAST CORNER OF
SAID W.A. COX DONATION LANDCLAIM; THENCE SOUTH 843.64 FEET; THENCE
WEST 258.06 FEET TO' THE TRUE POINT OF BEGINNING; THENCE EAST TO A
POINT 110 FEET WEST FO THE WE$T MARGIN OF 86T" AVE S. A$ CONDEMNED "
FOR ROAD UNDER THENCE WEST 118.06 FEET; THENCE SOUTH 312 FEET TO '
THE TRUE POINT OF BEGINNING. Ordinance No. 6213
November 43, 2008
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