HomeMy WebLinkAboutITEM VII-CWASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subiect Conditional Use Permit Application No. CUP03-0008 Date:
12/30/2003
Department: Attachments: Budget Impact:
Planning Application, site plan, DNS, Notice of
Application and Hearing Examiner's
report
Administrative Recommendation:
City Council to accept the Hearing Examiner's recommendation and direct the City Attorney to prepare
the necessary Ordinance for conditional use permit approval.
Background Summary:
The requested application is for a revised conditional use permit to allow an approximate 19,602 square
foot expansion of an existing 65,589 square foot nursing home in a C-3, Heavy Commercial zone.
The Hearing Examiner held a public hearing on the request December 16, 2003 and recommended
approval of the application consistent with the staff recommendations.
O3.10.1 CUP03-0008
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
[] Arts Commission COUNCIL COMMITTEES: [] Building [] M&O
[] Airport [] Finance [] Cemetery [] Mayor
[] Hearing Examiner [] Municipal Serv. [] Finance [] Parks
[] Human Services [] Planning & CD [] Fire [] Planning
[] Park Board []Public Works [] Legal [] Police
[] Planning Comm. [] Other [] Public Works [] Human Resources
Action:
Committee Approval: []Yes []No
Council Approval: []Yes []No Call for Public Hearing / /__
Referred to Until / /
Tabled Until / /
Councilmember: Singer Staff: Krauss
Meeting Date: January 5, 2004 Item Number: VII.C
AUBURN * THAN YOU IMAGINED
Conditional Use Permit for Hearing Exmniner _ Page 5
CONDITIONAL USE PERMIT
-APPLICATION
ROPERTY OWNER'S NAME APPLICATION NUMBER
Sec. Twp. Rng.:
Zone Existing:
Area Code:
Request:
Scheduled Public Hearing:
Date Received:
Staff Project Coordinator:
~-~ -~)0~ :~) Do Not Write Above This Line
APPLICANT: COMPLETE THIS FORM WITH ALL ENTRIES BEING TYPED (except
signatures) OR NEATLY PRINTED IN INK. IF ADDED SPACE IS NEEDED, ATTACH
THE ADDITIONAL REQUIRED PAGES TO THIS APPLICATION.
I (we), the undersigned, OWNER(S) of property numbered opposite my (our)
names(s) hereby petition for a Conditional Use Permit for the following use:
See Attached
(Please attach a 1/2 (typed) page explaining your proposed use.)
How is the property involved in this application more suitable for the Conditional
Use Permit than those uses permi~ed outright in the present zoning classification?
The expansion of the existing ambulatory nursing home facility, planned for
the original Conditional Use Application, will help to meet the increasing
need in the comnunity for such facilities.
To utilize the site for a use permitted outright by the Zoning Code would displace
the current residents and deny construction of needed additional housing of
this type. At this time, there is no demonstrable need for this building to be
converted to any other use than its current one. The current use is neither
incompatible with nor detrimental to its neighbo.rs. Expansion of the current
use, therefore would be neutral in regards to meeting the purposes of the
Zoning Code and positive as it meets the housing needs of the corrmunity
APPL\~UP-APPL ·
Rcv. 12/9/02
Attachment to
Conditional Use Permit Application
Parkside West Nursing Home Annex (RPA No. 03-11213)
Proposed Use:
Expand an existing ambulatory nursing home facility from its current 87 units with a total of
93 beds to 105 units with 129 beds by expanding both of the existing three story wood
frame wings. Twelve units with 24 total beds will be added to the north wing and six units
with 12 total beds will be added to the south wing. The new additions will be wood frame,
one-hour construction, and fully sprinklered to match the existing building. The exterior
finishes will have aluminum-framed windows, a flat, built-up roof and beveled, lapped wood
siding that match the existing.
03100/12 Attachment to Cond Use Permit App proposed use 100203.doc
Conditional Use Permit for Hearing Examiner. Page 6
Why is this Conditional Use Permit compatible with the other existing uses in the
neighborhood? ·
This Conditional Use Permit is for an extension of the existing use
that was allowed by a Previous Conditional Use Permit. Directly across
the street to the east are two other facilities with similar uses that
are bordered on the north and south by 4-plex residential buildings.
Directly adjacent to the property to the north and south are vacant lots
with small-scale corrnmrcial manufacturing/assembling buildings across the
street from them. To the west of this facility are a day care and small
strip ma llt An expansion to this existing nursing home facility will in
no way be detrimental to any of the neighbors.
Why is this Conditional Use Permit compatible with the existing zoning in the area?
Section 18.30.030.D of the Auburn Zoning Code states Nursing Homes are
permitted in C3 Zoning when a Cbnditional Use Permit has been issued
pursuant to the provisions of Chapter 18.64.
De
Why is this Conditional Use Permit consistent with the Comprehensive Plan for the
area?
The Comprehensive Plan for the are conforms to the Zoning for the area.
Since the Use is compatible with the Zoning, it will be compatible with
the Comprehensive Plan. '
APPLV'CUP-APPL
Rev. 12/9/02
Conditional Use Permit for Hearing E,,aminer - Page 7
ALL PROPERTY OWNERS INCLUDED IN THIS APPLICATION MUST BE LISTED
BELOW OPPOSITE A "PARCEL NUMBER" WHICH IS ALSO SHOWN ON THE
LEGAL DESCRIPTION AND INDICATES THE PROPERTY OWNED BY EACH
APPLICANT. YOUR SIGNATURE ALSO INDICATEs YOU HAVE READ AND
· UNDERSTOOD THE CONTENTS - OF THIS APPLICATION AND ITS
ATTACHMENTS
PARCEL
NUMBER
0001000097.
NAME, ADDRESS AND PHONE NUMBER
(Please Print)
John W. & Mary Ann Underwood
15750 NE 15th StrOe~
Bellevue, WA 98008
HoseaCC & Ruth B. Chavers
17257 NE.7th Place
Bellevue, WA 98008
Mark A. @Ravers
3110 W. Lk. Sarrrnamish Pkwy SE, #11
Bellevue, WA 98008
SIGNATURE
DESIGNATED CONTACT PERSON:
Name: ' Jim Anderson
Addressl 12600 SE 38th St., Suite 130
P- (425) 644-4000 F_ (425) 643-4115
City/Phone: Bel !evue, WA 98006 j ima@ruhl-parr.com
PLEASE NOTE THAT THE SITE PLAN MUST ACCOMPANy THIS APPLICATION.
APPLV'CUP-APPL
Rev. 12/9/02
Conditional Use Permit for Hearing Examiner _ Page 8
LEGAL DEscRIpTION OF PROPERTY
See Attached.
FEE PAYMENT: $750.00 for residential; $1,000.00 for commercial plus $700.00 for an
Environmental Checklist T.R. # ~9~-ooq~ 5"o ~
Cashier's Initials
Date Received
APPLV'CUP-APpL
Rev. 12/17/02
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 'T' ST NE TH S 00-50-44 E ALG SD WLY MGN 101.66 FT TAP OF CURVATURE
- SD CRV HAVING A RAD 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 RAD 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
03100/12 Attachment to Cond Use Permit App Legal Desc 100203.doc
WASHINGTON
Peter B. Lewis, Mayor
25 west Main Street · Auburn WA 98001-4998 * www.ci.aubum.wa.us, 253-931-3000
FINAL
DETERMINATION OF NON-SIGNIFICANCE
SEP03-0043
DESCRIPTION OF PROPOSAL
The request for a revised conditional use permit and an approximate 19,602 square foot
expansion of an existin.q 65,589 square foot nursin.q home. The proposal also includes
commensurate site preparation and utility installation associated with the expansion.
PROPONENT
Jim Anderson, RuhI-Parr & Associates for John Underwood.
LOCATION
2901 "1" Street NE
LEAD AGENCY
City of Auburn
The lead agency for this proposal has determined that it does not have a probable significant adverse
impact on the environment. An environmental impact statement (ELS) is not required under RCW
43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other
information on file with the lead agency. This information is available to the public on request.
RESPONSIBLE OFFICIAL: Paul Krauss, AICP
POSITION/TITLE: Director, of the Department of
Planning & Community Development
ADDRESS: 25 West Main Street
Aubum, Washington 98001
(253) 931-3090 ~ ~'/'~
DATE ISSUED: November 17, 2003 SIGNATURE:~~_ -
Note: This determination does not constitute approval of the proposal, Approval of the
proposal can only be made by the legislative or administrative body vested with that
authority. The proposal will be required to meet all applicable regulations.
Any person aggrieved of this final determination may file an appeal with the Aubum City Clerk
within 21 days of the date of issuance of this notice. All appeals of the above determination
must be filed by 5:00 P.M. on December 8, 2003.
*
CITY OF *
AUBURN
WASHINGTON
Peter B. Lewis, Mayor
25 West Main Street * Auburn WA 98001-4998 · www.ci.auburn.wa.us · 253-931-3000
NOTICE OF APPLICATION
This notice is to inform you that the City of Auburn has received the following application that
may be of interest to you. The application may be reviewed at the City of Auburn Department
of Planning and Community Development, 25 West Main Street, Auburn, WA.
Nature of Project or Request: The request for a revised conditional use permit and an
approximate 19,602 square foot expansion of an existing 65,589 square foot nursing home.
The proposal also includes commensurate site preparation and utility installation associated
with the expansion.
Location:
2901 'T' Street NE
Date of Notice of Application: October 30, 2003
Permit Application Date:
October 13, 2003
Date of Notice of Completeness: October 30, 2003
File No: CUP03-0008
Applicant:
Jim Anderson, RuhI-Parr & Associates for John Underwood.
In addition to the rezone application, the applicant has also filed an environmental checklist
application (SEPA File No. SEP03-0043). Based on the City's review of this environmental
checklist application, the City expects to issue a Determination of Non-Significance (DNS) for
the proposal in accordance with the optional DNS process identified in WAC 197-11-355. The
review process for approval of the proposal may include requiring mitigation measures under
applicable codes and imposition of mitigation measures regardless of whether an
Environmental Impact Statement (ELS) is prepared. This may be your only opportunity to
comment on the environmental impacts of the proposal.
Other Permits Required: No other permits are required for this action. Additional permits in
support of the applicant's building permit may be required and could include, but is not limited to
permits for electrical, mechanical and plumbing.
Additional Studies Provided with the Application: There are no additional studies
associated with this application.
Public Comment Period: You are invited to comment, request a copy of the addendum and be
made aware of any appeal rights. Comments must be received in writing by the Auburn
Department of Planning and Community Development at 25 West Main, Auburn, WA 98001-
4998 before 5:00 p.m. on November '!4, 2003.
AUBURN * MORE THAN YOU IMAGINED
Public Hearings: A public hearing is required for the project and is tentively scheduled for
December 16, 2003 at 7:00 p.m. in the Council Chambers at Auburn City Hall. A separate
notice for that hearing will be sent to you in the future.
Statement of Consistency and List of Applicable Development Regulations: This proposal
is subject to and shall be consistent with the Auburn City Code, Auburn Comprehensive Plan,
Uniform Building Code, Uniform Fire Code and Auburn Design and Construction Standards.
Proposed Mitigation Measures: The City has issued a Proposed Determination of Non-
Significance, there are no mitigation measures identified.
If you have further comments or questions related to this application, you may contact Sean
Martin of the Planning Department at (253) 931-3090. If you call or write, please reference File
No., SEP03-0043 or CUP03-0008.
WASHINGTON
Peter B. Lewis, MaycT
25 W~,-t Main St~-.,.~t, Auburn WA 98001-4998, www. ci.aubum.wa.us, 253-931-300~
December 24, 2003
John Underwood
15750 NE 15th Street
Bellevue, WA 98008
RE: APPLICATION NO. CUP03-0008
Dear Mr. Underwood:
Attached is the Hearing Examiner's official recommendation regarding your request that was considered by the
Hearing Examiner on December 16, 2003. The City Council will consider your request on January 5, 2004 in the
City Council Chambers at 7:30 p.m.
You or a representative are requested to be at that meeting to answer any questions the City Councilmembers
might have regarding your proposal.
If you have any questions regarding the attached, please give us a call.
Sincerely,
Paul Krauss, AICP ...-
Director
PK:pz
Attachment
CC:
Ruhl-Parr & Associates
Building Department
Public Works Department
City Clerk
(interested persons)
FINDINGS AND DECISION
OF THE HEARING EXAMINER FOR THE CITY OF AUBURN
APPLICATION:
APPLICANT:
REQUEST:
LOCATION:
APPLICATION FILED:
SEPA STATUS:
DATE OF PUBLIC HEARING:
DECISION ISSUED:
DECISION:
STAFF REPRESENTATIVES:
PUBLIC TESTIMONY:
WRITTEN TESTIMONY:
CUP03-0008
John Underwood
The request for a revised conditional use permit to allow an
approximate 19,602 square foot expansion of an existing
65,589 square foot nursing home.
2901 'T' Street NE
October 9, 2003
Final Determination of Non-Significance issued November 17, 2003
December 16, 2003
December 24, 2003
Approved
Scan Martin, Senior Planner
None
Exhibit #1: Case file
INTRODUCTION
At~er due consideration oftbe evidence presented by the applicant, all evidence elicited during the public
hearing, and as a result of the personal inspection oftbe subject property and surrounding area by the Hearing
Examiner, the following Findings of Fact and conclusions shall constitute the decisiofi of the Hearing Examiner
on this application.
HE~DEC~CUP03-0008
P~e2
Findings and Decision
Application No. CUP03-0008
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 18.30.03003).
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 105) with a 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 the addition to the building is to provide additional housing for patients oftbe
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-O008 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 Hearing Examiner has concluded based on the Staffreport and the file, and the evidence elicited during the
public hearing, 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 ACC Section 18.64.040.
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, 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.
HE~DECSCUP03-0008
Page 3
Findings and Decision
Application No. CUP03-0008
-4.
The proposal complies with all requirements of the Zoning Ordinance.
The proposal complies or is capable of complying with the Zoning Ordinance.
Thc proposal can be constructed and maintained so as to be harmonious and appropriate in design, character,
and appearance wi. th thc 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 i.nappmpriate with the existing character of the commerdal uses in the immediate
vidnity.
The proposal will not adversely affect the public i~astmcture.
There is no indication that public infix'tincture would be affect~ by the proposal.
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 Approved, subject to the following conditions:
1. None
Dated this 24'~ day of December, 2003, pursuant to the authority granted under Chapter 18.66, Zoning
Ordinance, City of Aubum. .
Diane L. Vanl~beek, Hearing Examiner
REQUEST FOR RECONSIDERATION
Any partyofreCord who feels the decision of the Examiner is based on error of procedUre, fact or judgment, or
the discovery of new evidence may file a written request for reconsideration with the Hearing Examiner no later
than seven days fi.om the date of mailing of the decision. Reconsideration requests should be'addressed to: -
Hearing Examiner, 25 West Main Street, Auburn, WA. 980014998.
· CITY COUNCIL ACTION
This decision of the Hearing Examiner is a recommendation to the City Council and will be considered by the
Council at their January 5, 2004, meeting. At the January 5, 2004, meeting the Council may either affu'm the
Examiner's recommendation, remand the decision back to the Examiner, or schedule a closed record public
hearing.
HL~DEC'~UP03-0008 Page 4
Findings and Decision
Application No. CUP03-0008
CITY OF AUBURN )
)
COUNTY OF KING ' )
DECLARATION OF MAIl.lNG
On the 24* day of December, 2003, I deposited into the United States of America mail, postage prepaid,
copies of the foregoing addressed to the applicant and parties of record.
correct. I declare under penalty of perjury of the laws of the State of Washington that the foregoing is Oue and
Signed at Auburn this 24a day of December, 2003.
Carolyn Brown
Department of Planning & Comm!lrlity Development
HEXDEC~UP03-000~
P~e5