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Home My WebLink About5828Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 20040211001975 PACZFZ¢ NU TZT RZSC 26.~ PAGEeet OF cea e2/tt/2ee4 ts:ze KZNG COUNTY, UA RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Conditional Use Permit (ORD ,5828) Reference Number(s) of Documents assigned or released: [-IAdditional reference #'s on page of document Grantor(s)lBorrower(s) (Last name first, then first name and initials) lC ty of Auburn '~ ~. Grantee/Assignee/Beneficiary: (Last name first) ' ":;: 1. Underwood, John ILegal Description (abbreviated: i.e. lot, block, plat or section, township, range) Lot 0097 [] Additional legal is on page _8 of document. Assessor's Property Tax Parcel/Account Number 000100-0097 [] Assessor Tax # not yet ass gned ORDINANCE NO. 5 8 2 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT TO ALLOW FOR EXPANSION OF AN EXISTING NURSING HOME LOCATED AT 2901 "1" STREET NE, WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, Application No. CUP03-0008 dated October 9, 2003, was submitted to the City of Auburn, Washington, by John Underwood, for a Conditional Use Permit to allow for an approximate 19,602 square foot expansion of an existing 65,589 square foot nursing home located at 2901 "1" Street NE, within the City of Auburn, Washington; and WHEREAS, said application was referred to the Hearing Examiner for study and public hearing thereon, along with staff review; and WHEREAS, the Hearing Examiner held a public hearing to consider said application in the Council Chambers of the Auburn City Hall, on December 16, 2003, and the Hearing Examiner recommended approval of the application on December 24, 2003; and WHEREAS, on January 5, 2004, the City Council considered said application; and approved the Hearing Examiner's recommendation for the issuance of a Conditional Use Permit to allow an approximate 19,602 square foot expansion of an exiSting 65,589 square foot nursing home on property located at 2901 "1" Street NE Ordinance 5828 January 14, 2004 Page 1 within the City of Auburn, Washington, based upon the following Findings of Fact and Conclusions of Law and Decision, to-wit: FINDINGS OF FACT John Underwood has applied for a conditional use permit that would allow an expansion of an existing nursing home in a C-3, Heavy Commercial district. Nursing homes are a conditional use in the C-3, Heavy Commercial zone in accordance with Auburn City Code (ACC) Section 18.30.030(D). The City issued a Conditional Use Permit (City Ordinance No. 3392) in 1979 to allow a 64-bed expansion to an existing nursing home. The City then issued the most recent Conditional Use Permit (City Ordinance No. 4487) in 1991 to reflect the existing complex. The 1991 approval envisioned the current expansion. Under the current proposal, the expansion would increase the number of units in the facility by 18, (from 87 to 150) with corresponding cumulative increase in the number of beds by adding 36. The applicant indicated that they are not proposing any administrative areas or additional office uses for the new addition and that the only purpose of Ordinance 5828 January 14, 2004 Page 2 the addition to the building is to provide additional housing for patients of the facility. An approved site plan is a component of conditional use permit approval. In accordance with Auburn City Code 18.64.030.C, the proposal constitutes a major amendment to the previous approval that requires City Council approval prior to the issuance of associated permits. The site plan submitted in support of this application demonstrates the proposal's ability to comply with the applicable development requirements of the C-3, Heavy Commercial zone and applicable regulations from Title 18 (Zoning) of the City Code. The contents of the case file, CUP03-0008 and case file SEP03-0043 for this project are hereby incorporated by reference and made part of the record of this hearing. CONCLUSIONS OF LAW The conditional use permit may be approved in that it is consistent with the following criteria necessary to grant the permit as outlined in ACC Section 18.64.040. 1. 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 Ordinance 5828 January 14, 2004 Page 3 injuries, economically or otherwise, to property or improvements in the surrounding area, than would any use generally permitted in the district. It is not anticipated that the proposed expansion will cause any adverse effects to any of the adjoining uses. The site has been used consistent with the current proposal for several decades. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. The proposed project is consistent with the Comprehensive Plan. The proposal complies with all requirements of the Zoning Ordinance. The proposal complies or is capable of complying with the Zoning Ordinance. 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 proposed expansion will not alter the character of the lot or building in ways that would be inconsistent or inappropriate with the existing character of the commercial uses in the immediate vicinity. The proposal will not adversely affect the public infrastructure. There is no indication that public infrastructure would be affected by the proposal. Ordinance 5828 January 14, 2004 Page 4 DECISION For each of the above reasons, the Hearing Examiner approved the application for the Conditional use permit; WHEREAS, the City Council accepts the Findings, Conclusions and Decision referred hereinabove. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as Follows: Section '1. A Conditional Use Permit is hereby approved to allow an approximate 19,602 square foot expansion of an existing 65,589 square foot nursing home subject to the conditions as set forth above, on property located at 2901 "1" Street NE in the City of Auburn, County of King, State of Washington, as identified hereinabove. Section2. ADMINISTRATIVE AUTHORITY. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. 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. Ordinance 5828 January 14, 2004 Page 5 Section 4. Recordin_q. 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. 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. INTRODUCED: JAN 2:0 209,~ PASSED: JAN ,'0 200~- APP R~~>~AN ''0 z004__..~ ER B LEWIS-- MAYOR ATTEST: Dan'i-~lle E. Daskam City Clerk APPROVED AS 'F ORM: Dad'iel B. H(~id City Attorney PUBLISHED: Ordinance 5828 January 14, 2004 Page 6 Attachment to Conditional Use Permit Application Parkside West Nursing Home Annex (RPA No. 03-11213) Legal Description of Property: Lot 0097 of the following described parcel: BRANNAN W-DC~37, PARCEL A AUBURN SHORT PLAT, REV SP 3-78 REc AF#7806150922, SD PLAT DAF-BEG AT NW COR OF W BRANNAN DC #37 TH, N 88- 50-55 E 30 FT TH, S 01-02-35 E157.60 FT'TO TPOB TH N 88-50-55 E 525.82 FT TO WLY MGN OF "1" ST NE TH S 00-50-44 E ALG SD WLY MGN 101.66 FT TAP OF CURVATURE - SD CRV HAVING A PAD OF 1915.21 FT CENTER WCH BEARS S 89-08-12 W TH CONTG ALG SD WLY MGN ON AN ARC TO RGT 347.69 FT THRU DELTA ANGLE OF 10-24-06 TAP OF REV CURVATURE SD CRV HAVING A PAD OF 1940.81 FT CENTER WCH BEARS S 80-28-57 E TH ON AN ARC TO LFT 125.75 FT THRU DELTA ANGLE OF 03-42-45 TO NLY MGN OF 28TM ST NE TH, S 88-50-55 W ALG SD NLY MGN, 468.88 FT TO ELY MGN OF AUBURN WAY N TH N 01-02-35 W ALG SD ELY MGN 190 FT TH S 88- 57-25 W 5 FT TH N 01-02-35 W CONTG ALG SD ELY MGN 381.52 TO TPOB Exhibit A Ordinance No. 5828