HomeMy WebLinkAbout4803CITY CLERK'S OFFICE
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Aubu
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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WHEREAS, Ordinance No. 4797 should be repealed allowing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
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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
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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
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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
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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
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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
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