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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