HomeMy WebLinkAbout5581N
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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. Conditional Use Permit (Ordinance No. 5581)
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Reference Number(s) of Documents assigned or released:
DAdditional reference #'s on page of document FILED 6 1 ir` Y W s m 4
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Grantor(s) (Last name first, then first name and initials)
1. Auburn, City of
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Grantee: (Last name first) m r'A ,x�
1. Hansen, Anne M. ` f o
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
NE 7-21-05
Additional legal is on page 9 of document.
Property Tax Parcel/Account Number
509440-0025,509440-0032
Assessor Tax # not
ORDINANCE NO. 5 5 81
AN ORDINANCE OF THE CITY OF AUBURN, KING COUNTY,
WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT FOR
SENIOR LIVING COMMUNITY ON A 4.19 ACRE SITE ON PROPERTY
ZONED R-3 (DUPLEX) LOCATED NORTH OF 22"o STREET NE AND EAST
OF I STREET, WITHIN THE CITY OF AUBURN, WASHINGTON.
WHEREAS, Application No. CUP01-0003 dated May 16, 2001 was
'submitted to the City of Auburn, Washington, Mountain West Investment on
behalf of property owner, Anne Hansen for a Conditional Use Permit for senior
living community, located at the north side of 22nd Street NE and east of I Street
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Q NE, 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
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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 August 13, 2001 at the conclusion of which the Hearing Examiner
recommended the approval of the issuance of a Conditional Use Permit to
allow the construction of an assisted living facility located at the north side of
Ordinance 5581
August 23, 2001
Page 1
22nd Street NE, south of 24th Street NE, east of I street NE, on property zoned
R-2 (Duplex), within the City of Auburn, Washington; and
WHEREAS, the City Council, on August 20, 2001, considered said
request and affirmed the Hearing Examiner's decision for the issuance of a
Conditional Use Permit to allow the construction of an assisted living facility on
property located at the north side of 22nd Street NE and east of I street NE,
zoned R-3 (Duplex) within the City of Auburn, Washington, based upon the
following Findings of Fact and Conclusions of Law and Decision, to -wit:
FINDINGS OF FACT
Q 1. Mountain West Investment, on behalf of the property owner, Anne Hansen,
G has requested that a conditional use permit be approved for a "Senior
Living Community" on a 4.19 acre site that is generally located north of 22nd
C14 Street NE, south of 24th Street NE and easterly of "I" Street NE. The
Senior Living Community will consist of 78 units of assisted living care and
a 17 -unit care facility for Alzheimer's patients.
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2. The property is zoned R-3, Duplex. The R-3 zone, through the issuance of
a conditional use permit, allows for a nursing home and multi -family
housing. It has been determined that the facility that is being proposed is
relatively comparable to these uses and therefore can be processed as a
conditional use permit. Assisted living care typically involves providing
elderly residents with meals, personal care, housekeeping, and
coordinating social activities. Assisted living residents may be ambulatory.
Alzheimer's patients typically require more care.
3. The building is proposed to be a wood -framed structure that will total about
66,400 square feet; the Alzheimer's wing will be about 11,000 square feet.
The assisted living portion of the building will be two stories and the
Alzheimer's wing will be a single story. The maximum height that is
Ordinance 5581
August 23, 2001
Page 2
The assisted living portion of the building will be two stories and the
Alzheimer's wing will be a single story. The maximum height that is
allowed in the R-3 zone is 30 feet. The facility will be staffed 24 hours a
day, seven days a week.
4. The facility will be provided access to 22nd Street NE as well as 24th Street
NE. The main access will be from 22nd Street. Improvements will need to
be made to 24th Street in order to provide for a through street that will
intersect with "L" Street NE to the east. The improvements to 24th Street
are required by and outlined in the Mitigated Determination of Non -
Significance issued for the project.
5. Parking required for the facility will be based upon what is required of a
C= nursing home since the Zoning Code does not have a provision for
Assisted Living housing. Nursing homes require parking at a ratio of one
parking space for each three beds plus one parking space for each 2
C:? employees. The proponent estimates that there may be a maximum of 105
residents/beds and a maximum of 18 employees on any one shift. This
calculates to 44 parking spaces and the site plan illustrates that 47 are
CD being provided.
6. To the east of project is a church, to the north is a Junior High School and
residential uses are to the west and south. Perimeter fencing and
landscaping will be required to buffer these uses.
7. The contents of the case file, #CUP01-0003, and the environmental file,
#SEP01-0019, of this project are hereby incorporated by reference and
made part of the record of this hearing.
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.
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,
Ordinance 5581
August 23, 2001
Page 3
economically or otherwise, to property or improvements in the surrounding
area, than would any use generally permitted in the district.
The R-3 zone allows for a number of residential type uses including
duplexes and four-plexes as well as churches, nursing homes etc. The use
as proposed should be less of an impact to the neighborhood in that it is not
a traffic generator nor will it impact school populations and recreation uses
in the area.
2. The proposal is in accordance with the goals, policies and objectives of the
Comprehensive Plan.
The project is with a "Moderate Density" residential designation. On page
0 14-5 of the Comprehensive Plan, it states that public and quasi public uses,
o including churches and schools are compatible uses in this designation.
The proposed use will likely have less of an impact and is therefor in
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accordance with the Comprehensive Plan.
3. The proposal complies with all requirements of the Zoning Ordinance.
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CIJ The application indicates that all requirements of the Zoning Ordinance are
met or are capable of being met.
4. 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 facility will have a residential character that will be consistent with other
residential uses in the area as well as the church and school.
5. The proposal will not adversely affect the public infrastructure.
As conditioned by the Mitigated Determination of Non -significance the
project should not have an adverse impact upon the public infrastructure.
Ordinance 5581
August 23, 2001
Page 4
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. A 6 -foot high solid wood fence, that meets appropriate setback
requirements, shall be constructed on the west property line, the east
property line, and the south property line of the project, excepting driveways.
A 36 -inch high fence may be allowed on the east side of the driveway
entrance from 22nd Street. A 5 -foot width of Type II landscaping, with at
least 50% of the trees being conifer, shall be provided around the perimeter
n. of the project as well. The landscaping shall be on the project side of the
fence at all property lines except for any fence that is adjacent to street right
0 of way then the landscaping shall be on the street side of the fence.
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"' 2. In order to minimize the construction impacts of the project, to some extent,
cv the 6 -foot high fence shall be constructed first.
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3. The architectural treatment of this project shall be consistent with the
obuilding elevations illustrated on the site plan and the narrative description
cv contained within the application. The landscaping shall be consistent with
the plan prepared by the Bethune Associates. The Planning Director shall
give final approval the architectural treatment of the buildings as well as the
final landscaping plan prior to issuance of a building permit for the project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS
Section 1. Purpose. The above cited Hearing Examiner's Findings of
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
construction of senior living facility on property zoned R-3 (Duplex) located at
Ordinance 5581
August 23, 2001
Page 5
North side of 22nd Street NE and east of I Street 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
R. to be separate and severable. The invalidity of any clause, sentence,
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C:3 paragraph, subdivision, section or portion of this ordinance, or the invalidity of
a
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the application thereof to any person or circumstance shall not affect the validity
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persons or circumstances.
Section 4. Recording. Upon the passage, approval and publication
of this Ordinance as provided by law, the City Clerk of the City of Auburn shall
cause this Ordinance to be recorded in the office of the King County Auditor.
Section 5. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directions of this legislation.
Section 6. Effective date. This Ordinance shall take effect and be in
force five days from and after its passage, approval and publication as provided
by law.
Ordinance 5581
August 23, 2001
Page 6
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ATTEST:
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INTRODUCED: September 4, 2001
PASSED: September 4, 2001
APPROVED: September 4, 2001
AIQ,
CHARLES A. BOOTH
MAYOR
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Danielle E. Daskam
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds
City Attorney
PUBLISHED: 9- C}- O/
Ordinance 5581
August 23, 2001
Page 7
EXHIBIT "A"
ORDINANCE NO. 5581
LEGAL DESCRIPTION OF PROPERTY
LEGAL DESCRIPTION:
PARCEL A:
THE NEST 150 FEET OF THE NORTH 523 FEET OF THE FOLLOWING
DESCRIBED TRACT OF LAND:
BEGINNING 1092 FEET EAST OF THE SOUTHWEST CORNER OF THE
1/2 OF THE N.M. BRANNON DONATION CLAIM NO. 371 NORTH
RUNNING THENCE NORTH 0-19'SO• NEST 678 FEET;
THENCE BAST 312 FEET;
THENCE SOUTH - 0 2
THENCE RUNNING WEST312FEST 7T0 PLACE OF BRGIENING,
EXCEPT ROADS;
AND THE WORTH 523 FEET OF THE POLLONING DESCRIBED TRACT OF
LAND;
SOUTHWEST CORNER OF THE9NORRTT'HT1/22 OF THE EAST OF A N M.BARAT THE
NNNOONN
DONATION CLAIM NO. 37;
AND RUNNING TRENCH NORTH 0.19'50• NEST 678 FEET;
THENCE NEST 312 FEET,
THENCE RAST 3121FEETT-TOATHE PLACE OOF BHOINNINO;
EXCEPT THE WEST 120.49 FEET;
EXCEPT ROADS;
(ALSO KNOWN AS LOT 4 CITT OF AUBURN SP -17-83 RECORDED UNDER T
RECORDING NO. 8403140435 AND LOT 7 OF MAPLE OROVE TRACTS
ACCORDING TO THE UNRECORDED PLAT THBREDP AND ALSO A PORTION
F
OCITY OF AUBURN LOT LINE AOJUSTMRNT NO. 0010.89 RBCo
UNDER RECORDING NO. 8907100717);RDED
SITUATE IN THE CITY OF AVB
WASHINGTON. URN' COUNTY OP RING, STATE OF
THE SOUTH 155 FEET OF THE FOLLOWING DESCRIBED TRACT OF LAND:
OUTHNEST OF THE NORTHO1/2 92 OFTN�T OHRF A
BBBGlRTTWG AT A POINT STONE AT TIM
37; AlII70H DONATION CLAIM NO.
AND RUNNING THENCE NORTH 0°19'50• NEST 678 FEST,
THENCE NEST 312 FEET;
THENCE SOUTH 0.19'50• HAST 678 FEET
THENCE EAST 312 FEET TO THE PLACE OF'BBGINNING;
EXCEPT THE NEST 128.49 FEET;
EXCEPT ROADS:
AND THE NEST 40 FEET OF THE SOUTH. 155 FEET OF THE FOLLMING
DESCRIBED TRACT
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OF LARD:
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2 FEET RAST OF THE SOUTHWEST CORNER OF THB NORTH
.M BRANNON DONATION CLAIM
NO. 37,
R NORTH 0-19'SO" NEST 675 FEST,
imlg'50-
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12 FBBT;
0.19'50" RAST 678 FEET,
TRENCH NEST 312 FEET TO PLACE OF BEGINNING;
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EXCEPT ROADS;
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(ALSO XSUNN AS LOT 6 AND A PORTION OF LOT 7 OF MAFIR
GROVE
TRACTS. ACCORDING TO THE UNRECORDED PWT THEREOF AND CITY OP
AUBURN LOT LINE AWUSTMERT N0.
s—
00-10-89 RECORDED UNDER
RECORDING NO. 8907100717);
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SITUATE IN THE CITY OF AUBURN,
WASHINGTON. COUNTY OF HIND, STATE OF
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PARCEL B:
THE NEST 150 FEET OF THE NORTH 523 FEET OF THE FOLLOWING
DESCRIBED TRACT OF LAND:
BEGINNING 1092 FEET EAST OF THE SOUTHWEST CORNER OF THE
1/2 OF THE N.M. BRANNON DONATION CLAIM NO. 371 NORTH
RUNNING THENCE NORTH 0-19'SO• NEST 678 FEET;
THENCE BAST 312 FEET;
THENCE SOUTH - 0 2
THENCE RUNNING WEST312FEST 7T0 PLACE OF BRGIENING,
EXCEPT ROADS;
AND THE WORTH 523 FEET OF THE POLLONING DESCRIBED TRACT OF
LAND;
SOUTHWEST CORNER OF THE9NORRTT'HT1/22 OF THE EAST OF A N M.BARAT THE
NNNOONN
DONATION CLAIM NO. 37;
AND RUNNING TRENCH NORTH 0.19'50• NEST 678 FEET;
THENCE NEST 312 FEET,
THENCE RAST 3121FEETT-TOATHE PLACE OOF BHOINNINO;
EXCEPT THE WEST 120.49 FEET;
EXCEPT ROADS;
(ALSO KNOWN AS LOT 4 CITT OF AUBURN SP -17-83 RECORDED UNDER T
RECORDING NO. 8403140435 AND LOT 7 OF MAPLE OROVE TRACTS
ACCORDING TO THE UNRECORDED PLAT THBREDP AND ALSO A PORTION
F
OCITY OF AUBURN LOT LINE AOJUSTMRNT NO. 0010.89 RBCo
UNDER RECORDING NO. 8907100717);RDED
SITUATE IN THE CITY OF AVB
WASHINGTON. URN' COUNTY OP RING, STATE OF