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HomeMy WebLinkAbout4803CITY CLERK'S OFFICE 2! Aubu 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 OF AUBURN Wes~ Main n, WA 98001 ORDINANCE NO. R :CEIV n KING COi~ ,,, RECORDE~ 4803 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO ALLOW THE EXPANSION OF AN EXISTING NURSING HOME ON PROPERTY ZONED R-4 (MULTI-FAMILY) LOCATED AT 2830 "I" STREET NE, WITHIN THE CITY OF AUBURN, WASHINGTON, AND REPEALING ORDINANCE NO. 4797. WHEREAS, the City Council on October 16, 1995 passed Ordinance No. 4797 affirming the Hearing Examiner's decision relating to Application No. CUP0009-95; and WHEREAS, it was discovered prior to publication of Ordinance No. 4797 that Condition No. 2 of the Hearing Examiner's Decision was inadvertently omitted; and WHEREAS, Ordinance No. 4797 was not published because of the inadvertent error; and WHEREAS, Ordinance No. 4797 should be repealed allowing correction of the error with this Ordinance; and WHEREAS, Application No. CUP0009-95 dated July 7, 1995, together with site plans therefore, has been submitted to the City of Auburn, Washington, by FREDERICK L. BRANNAN, requesting a Conditional Use Permit to allow the expansion of an existing nursing home in a R-4 (Multi-Family) zone located at 2830 "I" Street NE, 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. 4803 ' November 2, 1995 Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 September 19, 1995, at the conclusion of which the Hearing Examiner recommended the approval of the issuance of a Conditional Use Permit to allow the expansion of an existing nursing home in a R-4 (Multi- Family) zone; and WHEREAS, the City Council, on October 2, 1995, considered said request and affirmed the Hearing Examiner's decision for the issuance of a Conditional Use Permit to allow the expansion of an existing nursing home in a R-4 (Multi-Family) zone, located at 2830 "I" Street NE, within the City of Auburn, Washington, based upon the following Findings of Fact and Conclusions, to-wit: FINDINGS OF FACT e The applicant, Fredrick L. Brannan, requests a conditional use permit. The proposal is to allow for the expansion of a nursing located at 2830 "I" Street NE. The applicant says that the expansion will be 3,110 square feet in area, and will be used for physical therapy for existing residents of the facility. The expansion will be on the west side of the street, adjacent to "I" Street. No additional employees will be needed and the physical therapy function now being provided within the existing facility is being provided under cramped conditions. For this reason, the expansion is proposed. The nursing home is licensed for 127 beds and there are 52 employees. The Zoning Code requires one parking space Ordinance No. 4803 November 2, 1995 Page 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 per three beds and one parking space per each two employees. There are 68 spaces required and 71 are provided. The subject property is zoned R-4, Multi-Family. Nursing homes are allowed in the R-4 zone subject to the issuance of a conditional use permit. Since the expansion was not anticipated by the original approval given in 1967, a conditional use permit is now required. At the time of the public hearing, there was considerable public testimony from residents in the neighborhood. The residents of the neighborhood voiced complaints about the employees of the nursing home gathering on the south side of the building in order to socialize and smoke during the early morning hours. These gatherings are disruptive to the neighborhood according to the unrebutted public testimony. In addition, the residents submitted a petition opposing the expansion of the nursing home together with evidence of citations to the nursing homes. CONCLUSIONS OF LAW There are a series of criteria which must be established before a conditional use permit can be granted. The first of these criteria is that the use will have no more of an 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. The addition will not be an impact in that it will not increase the number of residents or employees of the facility. The Comprehensive Plan does not specifically speak to the issues of the nursing home expansion. The proposal complies with the requirements of the Zoning Ordinance concerning setbacks, lot coverage, building height and parking. 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 public infrastructure will not be adversely affected. Ordinance No. 4803 November 2, 1995 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 the expansion of an existing nursing home in a R-4 (Multi-Family) zone located at 2830 "I" Street NE, 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. Beotion Z. A Conditional Use Permit is hereby approved to allow the expansion of an existing nursing home in a R-4 (Multi-Family) zone located at 2830 "I" Street NE, within the City of Auburn, County of King, State of Washington, legally described as follows: That portion of the William H. Brannan donation land claim No. 37, Section 6, Township 21 North, Range 5, East, W.M., in King County, Washington, described as follows: Beginning at the northwest corner of said claim; thence south 0o59,00'' east along the west line thereof 387.60 feet to the true point of beginning; thence north 89019'00'' east 1,017 feet; thence south 0059'00'' east 200 feet; thence south 89o19'00'' west 1,017 feet to the west line of said claim; thence north 0o59,00'' west along said line 200 feet to the true point Ordinance No. 4803 November 2, 1995 Page 4 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 of beginning; except that portion thereof lying westerly of the easterly line of "I" Street Northeast as the same now exists. Section 3. The exterior facade to be approved by the Planning Director with the purpose of ensuring the addition is compatible with the existing structure and adjoining uses. Section 4. The authorization of the expansion is subject to a requirement that an employees smoking area be established on the north side of the building, and that employee gatherings and/or smoking be prohibited on the south side of the building. Section $. Ordinance No. 4797, passed October 16, 1995, is herewith repealed in its entirety. Section 6. Upon the passage, approval and publication of this Ordinance as provided by law, the of Auburn shall cause this Ordinance office of the King County Auditor. section 7. The Mayor is hereby such administrative procedures as may out the directions of this legislation. City Clerk of the City to be recorded in the authorized to implement be necessary to carry Ordinance No. 4803 November 2, 1995 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Section 8. This Ordinance shall force five days from and after its publication as provided by law. take effect and be in passage, approval and APPROVED ATTEST: CHARLES A. BOOTH MAYOR Robin Wohlhueter, City Clerk APPROVED AS TO FORM: //cM~yha~tltf~neR~yn°lds, PUBLISHED: Ordinance No. 4803 November 2, 1995 Page 6