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-?E Di�d,`S[I ' I,�i_ ORDINANCE N0. 4 2 9 1 r.� �.NLL - ****8.+00.
KING COUNTY
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FORA CONDITIONAL
USE PERMIT TO ALLOW A CHILDRENS MEDICAL CARE CLINIC LOCATED ON THE
SOUTHWEST CORNER OF 17TH AND "M" STREETS S.E., WITHIN THE CITY OF
AUBURN, WASHINGTON.
WHEREAS, Application Number 15-88, dated April 26, 1988, together
with site plans therefore, has been submitted to the City of Auburn,
Washington, by ROBERT F. KERR, requesting a Conditional Use Permit to allow a
childrens medical clinic on property located on the southwest corner of 17th
and "I" Streets 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 May 18, 1988, at 7:30 P.M., at the conclusion of which the
Hearing Examiner recommended approval of the issuance of a Conditional Use
Permit to allow a childrens medical clinic based upon the following Findings
of Fact and Conclusions, to -wit:
FINDINGS -OF FACT
1. The applicant, Robert F. Kerr, M.D., applies for a Conditional Use Permit
to allow a child care clinic.
2. The proposed site is located on the southwest corner of 17th and "M"
Street S.E. and is currently zoned R-2 (Single Family Residential). The
existing land use is that of a doctor's office.
3. The applicant proposes to care for 8-10 children from age infant to three
years. The children will be ill and most will be bedridden. The children
generally will have various disabilities including but not limited to
diabetes, severe bronchial asthma, and chronic illnesses. The applicant
indicates that the center will take care of the children during the
daytime hours and will be staffed by registered, licensed and practical
nurses. The applicant indicates that there may up to seven employees, two
of which will be part-time.
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Ordinance No. 4291
Page One
6/14/88
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4. Surrounding land uses and zoning in the vicinity include a service sta-
tion, C-1, to the north; R-2, Single Family, to the south; C-1,
Commercial, to the east; and R-2, Single Family, to the west.
5. The subject site is designated single family in the Comprehensive Plan.
However, in 1986 the City of Auburn issued a Conditional Use Permit for
the subject site for a doctor's office. The site was subsequently con-
verted but has never been utilized and has remained vacant.
6. The site has an already developed parking lot containing 13 parking spaces
and one handicapped space. The lot is partially fenced and is accessed
from "M" Street.
7. The subject site is located at the intersection of two arterials, "M"
Street and 17th Street S.E.
8. The current zoning on the subject site, R-2, permits professional office
uses subject to the requirements of a Conditional Use Permit. As indi-
cated, a conditional use permit for a similar use has already been issued
on the subject site.
9. At the time of the hearing, neighbors appeared and expressed concern with
respect to the potential noise to be generated by the proposed use.
Following the close of the public hearing, after the applicant departed
from the Council Chambers, one neighbor who was still in the audience con-
tinued to express concern regarding the possibility of excessive noise
from the facility and the lack of, what he viewed, as an adequate fence.
Accordingly, the record of the hearing was held open and the concerned
neighbor was invited to provide additional comments in writing on or
before the close of business on Wednesday, May 25th, 1988. No additional
written information was submitted by the neighbor.
CONCLUSIONS OF LAW
1. The Auburn Zoning Ordinance at Section 18.64.040 sets forth a series of
criteria which must be established by the evidence prior to the time that
a conditional use permit may 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 citizens residing in the area than would a use permitted
outright in the vicinity. This criteria is established by the evidence.
A similar use, that of a doctors office, has already been approved. The
proposed use will have no more of an adverse effect than would the already
approved use of a doctors office. Specifically, the proposed use will
probably have a considerably less impact on the neighborhood than would a
doctors office with multiple patients coming and going at all hours of the
day. The applicant's use will result in traffic in the early morning and
late afternoon hours when parents are dropping children off with little,
if any, traffic during the middle of the day. This criteria is
established by the evidence.
2. Further, the 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.
3. Further, the applicant must establish that the proposal complies with all
requirements of the Zoning Ordinance. This criteria is established by the
evidence.
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Ordinance No. 4291
Page Two
6/14/88
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4. Further, it must be established that 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. There are no design changes planned and this criteria is
established by the evidence.
5. Finally, it must be established that the use as proposed will not effect
the public infrastructure. The utilities are adequate to serve the sub-
ject site particularly given the staggered arrival and departure times of
the users. However, the use should not be permitted to expand into a 24
hour -a -day facility because of the additional impacts associated with 24
hour -a -day use of the site. Accordingly, it is reasonable to limit the
hours which the site may be used from 6:00 A.M. to 7:00 P.M.
For each of the above referenced reasons, the recommendation of the
Hearing Examiner to the Auburn City Council on this application for a
Conditional Use Permit is approved and affirmed.
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. A Conditional Use Permit to permit a childrens medical care
clinic on property zoned R-2 (Single Family Residential), and located on the
southwest corner of 17th and "M" Street S.E., situate in the City of Auburn,
County of King, State of Washington, and legally described as follows, to -wit:
Lot 10, Rainier Vista Addition, according to Plats thereof
as recorded in Vol 57, page 26, records of King County, WA.
situated in Section 19, Twp 21 N, R 5 EWM, Except that por-
tion conveyed to the City of Auburn by Recording No.
6589880, City of Auburn, County of King, State of
Washington.
Section 3. Due to the limited size of the parking lot, the number of
children cared for shall be limited to ten (10). The number may increase if
adequate, off-street parking is provided for employees off -site in accord with
the Zoning Ordinance Sections 18.52.030 or 18.52.070. Any increase must
receive Planning Director approval.
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Ordinance No. 4291
Page Three
6/14/88
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Section 4. The applicant shall meet with the Fire and Building
Departments to determine if any special code requirements are applicable with
regard to the change of use.
Section 5. The site shall be utilized from 6:00 A.M. to 7:00 P.M. only.
There shall be no 24 hour use of the site.
Section 6. 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.
Section 7. The Mayor is hereby authorized to implement such administra-
tive procedures as may be necessary to carry out the directions of this
legislation.
Section 8. This Ordinance shall take effect and be in force five (5) days
from and after its passage, approval and publication, as provided by law.
INTRODUCED: JUNE 20, 1988
PASSED: JUNE 20, 1988
APPROVED: JUNE 20, 1988
ZY�2_�_ �_
ATTEST: M A Y OX
Robin Wohlhueter, City Clerk
APPROVED AS TO FORM:
Margu rite Schellentrager,
PUBLISHED: JUNE 26, 1988
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Ordinance No. 4292
Page Four of four
6/14/88
ty Attorney
f
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. 4291 of the
ordinances of the City of Auburn, entitled "AN ORDINANCE."
I certify that said Ordinance No. 4291 was duly passed
by the Council and approved by the Mayor of the said City of
Auburn, on the 20th day of June A.D., 1988.
I further certify that said Ordinance No. 4291 was
published as provided by law in the Valley Daily News, a
daily newspaper published in the City of Auburn, and of
general circulation therein, on the 26th day of June A.D.,
1988.
Witness my hand and the official seal of the City of
Auburn this 17th day of January A.D., 1989.
City Clerk of the City of Auburn