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89- C17- 24 f#1821
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ORDINANCE NO..4 3 4 9
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, PROVIDING FOR
A CONDITIONAL USE PERMIT TO ALLOW FOR A DAYCARE CENTER LOCATED
ON THE NORTHWEST CORNER OF 37TH AND "M" STREET S.E., WITHIN
THE CITY OF AUBURN, WASHINGTON.
WHEREAS, Application No. CUP0002-89 dated March 21, 1989,
together with site plans therefore, has been submitted to the
City of Auburn, Washington, by THE SAYKNOR COMPANY, requesting
a Conditional Use Permit to allow for a daycare center on
property located on the northwest corner of 37th and "M"
Street S.E., 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 April 18, 1989, at the
conclusion of which the Hearing Examiner recommended the
approval of the issuance of a Conditional Use Permit to allow
for a daycare center on property located on the northwest
corner of 37th and "M" Street S.E., based upon the following
Findings of Fact and Conclusions, to -wit:
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Cl 3rj Pj
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Ordinance No. 4349 40
Page 1 L %
May 9, 1989
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FINDINGS OF FACT
1. The applicant, Claude Salisbury and The Saynor Company,
apply for a Conditional Use Permit to allow the operation
of a daycare center within a multiple family zone.
2. The subject site is located on the northwest corner of
37th and "M" Streets S.E. in Auburn and is currently
utilized for single family purposes. However, the
subject site is zoned for multiple family uses and the
proposed daycare center is in conjunction with a proposed
27 unit multi -family development which will occupy the
remainder of the site.
3. Surrounding zoning and land uses in the vicinity include
multi -Family to the north, south, and west, and R-2,
Single Family, to the east.,
4. The daycare center as proposed would provide daycare
services for up to 85 youngsters.
5. The evidence further establishes that the proposal is
located within and nearby a significant number of multi-
family and mobile home park uses. In addition, their is
a large established single family area located further to
the east. These residents could utilize the services to
be provided by the daycare center.
6. The proposal is located at the intersection of two
arterials and accordingly the abutting streets will need
to be improved to arterial standards.
7. The staff report, with its recommendation of conditional
approval, is incorporated herein as though set forth in
full.
CONCLUSIONS OF LAW
1. The Auburn Zoning Ordinance at Section 18.64.040 sets
forth a series of criteria which must be established
prior to the time that a conditional use permit can be
granted.
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Ordinance No. 4349
Page 2
May 9, 1989
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2. The first of these criteria is that the use as proposed
will have no more of an adverse effect on the health,
safety or comfort of persons living or working in the
area than would any use generally permitted outright in
the district. This criteria is established by the
evidence since the proposal is located at the
intersection of two designated arterials and traffic to
be generated by the proposal will not exceed traffic
which would be generated by multiple family uses which
would be permitted outright on the site.
3. The proponent of a conditional use permit must further
establish that the proposal complies with the goals,
policies, and objectives of the Comprehensive Plan.
Several Comprehensive Plan policies address the
importance of daycare centers in maintaining viable
residential neighborhoods.
4. The conditional use permit proponent must also establish
that the proposal complies with all the requirements of
the Zoning Ordinance and the testimony of Planning staff
establishes that the application as submitted establishes
compliance with the Zoning Ordinance.
5. Finally it must be established that the proposal can be
constructed and maintained so as to be harmonious and
appropriate in character, design, and appearance with the
existing or intended character of the general vicinity.
The site plan as submitted shows building construction
proposed for the daycare center which will be harmonious
with the surrounding multiple family development which
has been proposed.
6. Finally, the proponent must establish that the proposal
does not adversely affect the public infrastructure.
This criteria is established by the evidence.
For each of the above referenced reasons, the
recommendation of the Hearing Examiner to the Auburn City
Council on this Conditional Use Permit for a daycare center is
approved and affirmed.
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Ordinance No. 4349
Page 3
May 9, 1989
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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 allow for a
daycare center on property located on the northwest corner of
37th and "M" Street S.E., situate in the City of Auburn,
County of King, State of Washington, and legally described as
follows:
Lots 1, 2, 3 and 4 of Auburn Short Plat #SP-36-79.
Section 3. 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 4. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Section 5. This Ordinance shall take effect and be in
force five days from and after its passage, approval and
publication as provided by law.
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Ordinance No. 4349
Page 4
May 9, 1989
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INTRODUCED• 6-- /5 ' Y9
PASSED:07-/� 67
APPROVED • �—T- / 'J ( (G
M A Y 0
ATTEST:
6&"-j Lw:ea�
Robin Wohlhueter, City Clerk
APPROVED AS TO FORM:
rgu- erite Schellentrager, City Attorney
PUBLISHED: /' z /
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Ordinance No. 4349
Page 5
May 9, 1989
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
I, Gayle Butcher, the duly appointed, qualified Deputy
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. 4349 of the
ordinances of the City of Auburn, entitled "AN ORDINANCE."
I certify that said Ordinance No. 4349 was duly passed
by the Council and approved by the Mayor of the said City of
Auburn,'on.the the 15TH day of MAY A.D., 1989.
-I further certify that said Ordinance No. 4349 was
published as provided by'.law in the Valley Daily News, a
daily ndwspaper' published in�the-City of, Auburn, and of
general circulation therein, -on the 21ST day, of MAY, A.D.,
1989.
Witness my hand and the official seal of the City of
Auburn this September 22, 1989, A.D.
Gayle ,49utcher
Deputy City Clerk
City of Auburn
25 West Main, Auburn, WA 98001-4998 (206) 931-3000