HomeMy WebLinkAbout55240
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Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
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KtWKutK'5 GOVER SHEET
Document Title(s) (or transactions contained therein):
ORD 5524 (CUP01-0002) 10117 FPkr(AJT �1-5381-I2
Reference Number(s) of Documents assigned or released:
❑Additional reference We on page of document
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
CITY OF AUBURN
Grantee/Assignee/Beneficiary: (Last name first)
CAROL LIVINGSTON
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
SE 19-21-05
® Additional legal is on page 8 & 9 of document.
Assessor's Propertv Tax Parcel/Account Number
192105-9157
Assessor Tax
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ORDINANCE NO. 5 5 2 4
AN ORDINANCE OF THE CITY OF AUBURN, KING COUNTY,
WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT FOR A
DAY CARE ON PROPERTY ZONED R-2 (SINGLE FAMILY) LOCATED AT
832 — 21 st STREET SE, WITHIN THE CITY OF AUBURN, WASHINGTON.
WHEREAS, Application No. CUP01-0002 dated January 26, 2001 was
submitted to the City of Auburn, Washington, by Carol Livingston for a
Conditional Use Permit for day care in the R-2, (Single Family), located at 832
—21St Street SE, within the City of Auburn, Washington, hereinafter described
below and as identified on Exhibit "A" attached hereto and incorporated in this
c: Ordinance by this reference; and
WHEREAS, said request above referenced was referred to the Hearing
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Examiner for study and public hearing thereon; and
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N 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 February 22, 2001 at the conclusion of which the Hearing
Examiner recommended the approval of the issuance of a Conditional Use
Permit to allow a day care located in her home located at 832- 21St Street SE
on property zoned R-2 (Single Family), within the City of Auburn, Washington;
IMAS
Ordinance 5513
February 15, 2001
Page 1
WHEREAS, the City Council, on March 5, 2001, considered said request
and affirmed the Hearing Examiner's decision for the issuance of a Conditional
Use Permit to allow a day care in the home on property located at 832 - 21
Street SE zoned R-2 (Single Family) within the City of Auburn, Washington,
based upon the following Findings of Fact and Conclusions of Law and
Decision, to -wit:
FINDINGS OF FACT
1. Carol Livingston has requested a conditional use permit that would allow
her to establish a daycare located at her home that has an address of 832 - 21 s`
Street SE. The property is zoned R-2, Single Family and pursuant to Section
18.14.030(B) of the Zoning Code a daycare of the size proposed may be
allowed in the R-2 zone subject to the issuance of a conditional use permit.
2. The daycare is proposed to be within an addition (to the existing home) that
is now under construction as well as an existing "mother-in-law" unit and an
C�l attached garage that have been previously converted to and are now used
czn as an in-home daycare. A building permit was recently issued for the
addition now under construction. The permit was issued as an addition
Cn (family room) onto a single-family home, and not for a daycare since the
conditional use permit has not been approved. Therefore, the standards
o for the addition met those associated with a single family home and not
necessarily a daycare structure. Additional construction standards may be
required for the daycare. A copy of the plans that were approved for the
family room is attached.
3. The daycare will be owned and operated by Ms. Livingston. This is also
Ms. Livingston's place of residence. It is anticipated that up to 60 children,
ages three and up, may be there at any one time. It is anticipated there will
be 6 to 8 employees. The typical hours of operation are going to be 5:00
AM to 8:30 PM.
Ordinance 5524
March 12, 2001
Page 2
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4. There are 9 parking spaces proposed for the daycare. Section
18.52.020(F)(5) of the Zoning Ordinance requires one parking space for
each employee together with loading and unloading areas for those
dropping off children. A 6 space parking lot is proposed to be located off a
driveway from 215` Street and then exit to a private access easement that is
on the east side of the property. Three parking spaces including the
handicapped parking space are proposed to be accessed from the
easement. The easement also serves other properties other than the
daycare.
5. Parking also needs to be provided for the existing single family home. It is
a three-bedroom home and pursuant to Section 18.52.020(A)(1) of the
Zoning Code, there must be provided two parking spaces for the home
itself. The nine parking spaces proposed might not be enough to meet the
requirements of the home, the employees and parking for those dropping
off the children.
6. The proposal abuts 215` Street SE, which is a designated arterial on the
City's Comprehensive Plan. The existing driveway to the property does not
likely meet current City standards and if not will need to be brought to
existing City standards in order to serve the new parking lot.
7. The contents of the case file, #CUP01-0002, of this project are hereby
incorporated by reference and made part of the record of this hearing.
CONCLUSIONS OF LAW
The undersigned has concluded 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 Section 18.64.040 of the Zoning Ordinance.
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.
If properly conditioned and managed the proposal should not have an
adverse impact upon the area.
Ordinance 5524
March 12, 2001
Page 3
The proposal is in accordance with the goals, policies and objectives of the
Comprehensive Plan.
Policy LU -39 states that daycare centers are important to maintaining viable
residential neighborhoods and Policy LU -43 speaks to allowing daycare
centers along arterials.
3. The proposal complies with all requirements of the Zoning Ordinance.
The proposal can comply with the requirements of the zoning ordinance if
additional parking is provided and all parking spaces meet the minimum
requirements of the Zoning Code.
4. 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.
The design of the addition is consistent with that of a residential dwelling
and whether used as daycare or other single family use should be
compatible with the neighborhood.
5. The proposal will not adversely affect the public infrastructure.
If the driveway and parking areas are properly constructed there should not
be an adverse impact upon the neighborhood.
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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
approval, subject to the following conditions:
At last 10 parking spaces shall be provided, seven of which shall be located
in the parking lot in front of the daycare. The parking spaces shall be 19
feet long with a 24 -foot drive aisle as required by the Zoning Code. Wheel
stops shall be provided that preclude vehicles overhanging the sidewalks
around the daycare. The landscaped strip that abuts 21s` Street may be 8
feet wide and be planted with Type III landscaping.
Ordinance 5524
March 12, 2001
Page 4
2. The existing driveway that will serve the new parking lot will need to meet
City standards if it does not already.
3. A revised building permit application shall be submitted to the City for the
conversion of the family room that is under construction to the proposed
daycare facility. The revised permit application shall be submitted within 60
days of the effective date of this conditional use permit. The revised permit
shall be reviewed under those building and fire code standards applicable to
daycares of this type. The revised permit application shall also illustrate the
10 parking spaces, the storm drainage facility for the parking and driveways,
the required improvements to the existing driveway on 21St Street.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS
Section 1. Purpose. The above cited Hearing Examiner's Findings of
Fact and Conclusions of Law and Decision, are herewith incorporated in this
Ordinance.
Section 2. A Conditional Use Permit is hereby approved to allow for a
day care on property zoned R-2 (Single Family) located at 832 — 21St Street SE
and identified on Exhibit "A" attached hereto and incorporated in this Ordinance
by this reference in the City of Auburn, County of King, State of Washington.
Section 3. Severability. The provisions of this ordinance are declared
to be separate and severable. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of
the application thereof to any person or circumstance shall not affect the validity
Ordinance 5524
March 12, 2001
Page 5
of the remainder of this ordinance, or the validity of its application to other
persons or circumstances.
Section 4. Recording. 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 5. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directions of this legislation.
Section 6. Effective date. This Ordinance shall take effect and be in
force five days from and after its passage, approval and publication as provided
by law
INTRODUCED: March 19, 2001
'* PASSED: Mach 19, 2001
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APPROVED: Mach 19, 2001
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CHARLES A. BOOTH
MAYOR
Ordinance 5524
March 12, 2001
Page 6
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ATTEST:
Danielle E. Daskam
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds
City Attorney
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PUBLISHED: �� 0
Ordinance 5524
March 12, 2001
Page 7
LEGAL. DESCRIPTION OF PROPERTY
TOTAL PARCEL:
The West 1/2 of the North 345 feet of the
the West 396 feet of the SW I/4 of the .SE..Fast
c264 feet of9,
Township 2 -IN, Range 5E W.M.
Road. ' ' Co�tg,- WAq. LESS County
LOT LZ The North 192.00 feet of the. West 112
. of the East 264 feet of the West 396 feet of the.
SW 1/4 o£. the SE 1/4 of section 19, Township 21N, Range 5E,
W.M., King County, WA; County Road TOGETHER WITH and
SUBJECT TQ An easement for -ingress,. egress, and utilities over,
Larder, and across the East 10.00- feet thereof.
LQT 2: The South L53-00 feet of the -rest jj2 of the North
345 feet* of the East 264 feet of the West 396 feet of the
SW i/4 of the SE 1/4 of section 19,
W.M. Township 21N, Range SE,
, King County, WA
OveTOGETHM WITT an easement for ss, mss, and utilities
under, and across theEast 10.Q}fee t of the South 162.00
of the North 192.00 feet of tire West 112-
°" of the East 264 feet of the .Whst 396
SE 114 of Section I9, feeC of the SW 1/4 of the
Cotmty, WA. Township 2IH', Range 5E, W.M., King
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Ordinance 5524
Exhibit A
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Ordinance 5524
Exhibit A
Paqe 2