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AC 2. 5. - 1
ORDINANCE NO. 4 2 6 7 is
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR A CONDITIONAL
USE PERMIT TO CONTINUE AND PROVIDE NEW SERVICES AT A MENTAL HEALTH FACILITY
LOCATED AT 505 29TH STREET S.E., WITHIN THE CITY OF AU -BURN, WASHINGTON.
WHEREAS, a petition numbered 34-87, dated November 30, 1987, together
with site plans therefore, has been submitted to the City of Auburn,
Washington, by NORTHWEST RESIDENTIAL SERVICES INC., requesting a Conditional
Use Permit to continue and provide new services at a mental health clinic,
located at 505 29th Street S.E., within the City of Auburn, Washington,
hereinafter described in Section 2 of this 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 December 22, 1987, at 7:30 P.M., at the conclusion of which the
Hearing Examiner recommended approval of the issuance of a Conditional Use
Permit to -continue and provide new services at a mental health facility based
upon the following Findings of Fact and Conclusions, to -wit:
FINDINGS OF -FACT
1. The applicant, Northwest Residential Services, Inc. dba Chartley House
requests a Conditional Use Permit to continue and provide new services at
a mental health facility.
2. The subject site is currently utilized by Northwest Residential Services
dba Chartley House as a mental health facility.
3. The site is zoned R-4, Mulit ple Family, and is designated multiple family
in the Comprehensive Plan.
4. The surrounding zoning and land uses in the vicinity include R-4, Single
Family, to the north; I, Nursing Home/Church, to the south; R-4,
Multi -Family, to the east; and R-4, Multi -Family, to the west.
5. The existing zoning designation, R-4, permits a group resident facility
and hospitals provided the applicant can establish the applicable require-
ments for a conditional use permit.
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Ordinance No. 4267 Go
Uh '' ' `n�fV�J
Page One
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6. In this instance, the applicant has operated Chartley House, a 64 bed
facility which provides care to the mentally ill since the 1970's. Prior
to that time, the site was utilized as a nursing home.
7. The evidence establishes that the patients at Chartley House are referred
from Western State Hospital. The Washington State Department of Social
and Health Services sets forth a series of criteria which must be
established as a condition precedent to the referral. Once in residence
at Chartley House, the facility provides services to the patient which
include training and daily living skills, coordination with mental health
agencies and service providers, monitoring of medications, and transpor-
tation services to assist residents in acquiring necessary services out-
side the facility. In addition, the program also provides the residents
with various in-house activities.
8. Recently, the contract between the State Department of Social and Health
Services and Chartley House has been amended to provide additional ser-
vices. Accordingly, the applicant requests a Conditional Use Permit to
permit a psychiatrist to visit four times a week and to have a
psychiatrist on -call 24 hours -a -day, 24 hour medical administration/moni-
toring by licensed staff, and a physician on -call 24 hours a day.
9. In addition to the criteria which the Washington State Department of
Social and Health Services utilizes to refer residents to Chartley House,
there is exclusionary criteria which prevents certain types of residents
from residing at Chartley House. Specifically, persons classified as
"mentally ill offenders" are not eligible for the program. These persons
include the following:
a.
Those
in
need of
restraints/seclusion programs,
b.
Those
who
require
frequent major medication
changes,
C.
Those
who
require
extensive supervision for
medical needs,
b.
Those
who
have not
reached maximum benefit
of hospitalization,
e.
Those
who
mental
illness produces a current
risk for felonious be
behavior.
10. The evidence establishes that the facility is located on a parcel of pro-
perty 1.76 acres in area and provides for adequate open space and parking.
11. There was considerable public testimony at the time of the hearing con-
cerning this matter. While several residents expressed concern regarding
the operation of the facility, the majority of speakers testified in sup-
port of the proposal. One neighborhood resident, who is a RN at Auburn
General Hospital expressed concern regarding a Chartley House patient who
had stood in front of her house and screamed. This resident expressed
concern for the safety of her child and the neighborhood. Upon inquiry,
it was established that she did not report this behavior to the applicant.
12. The staff report, with its recommendation of conditional approval, is
incorporated herein by reference as though set forth in full.
CONCLUSIONS OF LAW
1. The Auburn Zoning Ordinance Section 18.64.040 sets forth a series of cri-
teria which must be established by the evidence prior to the time that a
conditional use permit can be granted.
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Ordinance No. 4267
Page Two
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2. The first of these criteria is that the use can have no more of an adverse
effect on the health, safety, or comfort of persons living or working in the
area than would any other use generally permitted in the district. As a
result of the fact that the facility has been at this location for a number
of years, and because the existing conditional use permit application does
not propose to expand the use in any way, but rather to offer additional
services to residents, this criteria is established by the evidence. The
evidence establishes that the facility is compatible with the neighborhood
including, both as it is currently developed and as it is recommended for
future development in the Comprehensive Plan.
3. Further, a Conditional Use Permit applicant must establish that the proposal
is in accordance with the goals, policies and objectives of the
Comprehensive Plan. This criteria is established by the evidence.
4. The applicant must further establish that the proposal complies with all
requirements of the Zoning Code. In this instance as a result of the fact
that no physical changes are being made to the facility, it is established
by the evidence that the proposal complies with all requirements of the
Zoning Code.
5. Further, the applicant must establish that the proposal can be constructed
and maintained so as to be harmonious with the existing vicinity. This cri-
teria is established by the evidence.
6. The final requirement for a conditional use permit is that the proposal can-
not adversely effective the public infrastructure. There are no changes
planned in this instance which will impact the infrastructure.
For each of the above reasons, the recommendation of the Hearing Examiner
to the Auburn City Council is that the proposed Conditional Use Permit be
conditionally approved, subject to the following conditions:
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.
Section 2. That the issuance of a Conditional Use Permit to continue and
provide new services at a mental health facility on property zoned R-4
(Multiple Family) and located at 505 29th Street S.E., situate in the City of
Auburn, County of King, State of Washington, and legally described as follows,
to -wit:
Lot 1 of Auburn Short Plat No. SP-17-81 King County Auditor's
File No. 8108130638 situated in Section 30, TWP 21 N, R 5 EWM
City of Auburn, County of King, State of Washington.
is herewith granted subject to the terms of this ordinance.
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Ordinance No. 4267
Page Three
1/26/88
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Section 3. The contents of the State of Washington Department of Social
and Health Services Contract #3800-65189 shall be incorporated as part of this
Conditional Use Permit.
Section 4. There shall be no amendments, changes or additions to the
State of Washington Department of Social and Health Services contract without
the prior review of the Planning Director to ensure compliance with this
Conditional Use Permit.
Section 5. A change of ownership or management of Chartley House shall
require the new owner/manager to review the contents of this permit with the
Planning Director in order to ensure future compliance herewith.
Section 6. The City of Auburn shall have a representative on the Advisory
Committee and the Committee shall assist in monitoring the contents of this
permit.
Section 7. There shall be no mentally ill offenders allowed to reside on
the premises. Further, there shall be no patients allowed whose histories
indicate a likelihood that the patient's condition will result in violence or
criminal behavior. In this instance "mentally ill offenders" shall include,
but shall not be limited to:
A. Those in need of restraints/seclusion programs,
B. Those who require frequent major medication changes,
C. Those who require extensive supervision for medical needs,
D. Those who have not reached maximum benefit of hospitalization,
E. Those who's mental illness produces a current risk for felonious
beh av i or.
Section 8. The Advisory Committee and/or the City of Auburn may ask for a
Random Patient Profile, in a form to ensure the patients confidentiality, the
purpose of which is to monitor the requirements of this permit.
Section 9. Upon the passage, approval and publication of this Ordinance
as provided by law the Legal Department for the City of Auburn shall cause
..this Ordinance to be recorded in the office of the King County Auditor.
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Oridnance No. 4267
Page Four
1/26/88
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Section 10. The Mayor is hereby authorized to implement such administra-
tive procedures as may be necessary to carry out the directions of this
legislation.
Section 11. This Ordinance shall take effect and be in force five (5)
days from and after its passage, approval and publication, as provided by law.
ATTEST:
City Clerk
PUBLISHED: FEBRUARY 7, 1988
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Ordinance No. 4267
Page Five of Five
1/26/88
.INTRODUCED: FEBRUARY 1, 1988
PASSED: FEBRUARY 1, 1988
APPROVED: FEBRUARY 1, 1988
STATE OF WASHINGTON)
ss.
COUNTY OF KING )
I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the
City of Auburn, a Municipal Corporation and Code City, situate in the
County of King, State of Washington, do hereby certify that the foregoing
is a full, true and correct copy of ordinance No. 4267 of the ordinances of
the City of Auburn, entitled "AN ORDINANCE."
I certify that said Ordinance No. 4267 was duly passed by the Council
and approved by the Mayor of the said City of Auburn, on the 1st day of February
A.D., 1988.
I further certify that said Ordinance No. 4267 was published as pro-
vided by law in the Valley News, a daily newspaper published in the City of
Auburn, and of general circulation therein, on the 7th day of February
A.D., 1988.
WITNESS my hand and the official seal of the City of Auburn, this 25th
day of August A.D., 1988.
CITY CLERK OF THE CITY OF AUBURN