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HomeMy WebLinkAbout4797 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 l 2 3 4 5 6 7 8 9 ORDINANCE NO. 4 7 9 7 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. 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 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 the expansion of an existing Family) zone; and WHEREAS, the City Council, Conditional Use Permit to allow nursing home in a R-4 (Multi- 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) Ordinance No. 4797 ' October 10, 1995 Page 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 6 7 8 9 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 me 2e 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 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. Ordinance No. 4797 October 10, 1995 Page 2 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 CONCLUSIONS OF LAW me 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, clharacter, and appearance with the existing or intended character of the general vicinity. The public infrastructure will not be adversely affected. 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: Ordinance No. 4797 October 10, 1995 Page 3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 6 7 8 Section Z. The above cited Hearing Examiner's Findings of Fact and Conclusions, are herewith incorporated in this Ordinance. Section 2. 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 0059'00'' 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 89019'00'' west 1,017 feet to the west line of said claim; thence north 0059'00'' west along said line 200 feet to the true point 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. Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk of the City Ordinance No. 4797 October 10, 1995 Page 4 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 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. 8eotion 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: PASSED: APPROVED: CHARLES A. BOOTH MAYOR Ordinance No. 4797 October 10, 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 ATTEST: Robin Wohlhueter, city Clerk APPROVED AS TO FORM: /~ua.ltn c. usman, ~Assistant City Attorney PUBLISHED: Ordinance No. 4797' October 10, 1995 Page 6