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HomeMy WebLinkAbout5581N O 0 O N Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 1. Conditional Use Permit (Ordinance No. 5581) ®`s�,f �.P Reference Number(s) of Documents assigned or released: DAdditional reference #'s on page of document FILED 6 1 ir` Y W s m 4 (,�IaaCo-f2 Grantor(s) (Last name first, then first name and initials) 1. Auburn, City of �Mvtj CMU(,61 f?}�,litl :�, '•v;,>a -_ ./(t {p., ' x)ornmyt*son ryAk tf hy;, eery.:, Grantee: (Last name first) m r'A ,x� 1. Hansen, Anne M. ` f o Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) NE 7-21-05 Additional legal is on page 9 of document. Property Tax Parcel/Account Number 509440-0025,509440-0032 Assessor Tax # not ORDINANCE NO. 5 5 81 AN ORDINANCE OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, PROVIDING FOR A CONDITIONAL USE PERMIT FOR SENIOR LIVING COMMUNITY ON A 4.19 ACRE SITE ON PROPERTY ZONED R-3 (DUPLEX) LOCATED NORTH OF 22"o STREET NE AND EAST OF I STREET, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, Application No. CUP01-0003 dated May 16, 2001 was 'submitted to the City of Auburn, Washington, Mountain West Investment on behalf of property owner, Anne Hansen for a Conditional Use Permit for senior living community, located at the north side of 22nd Street NE and east of I Street Q) Q NE, within the City of Auburn, Washington, hereinafter described below and as identified on Exhibit "A" attached hereto and incorporated in this Ordinance by this reference; and WHEREAS, said request above referenced was referred to the Hearing P N 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 August 13, 2001 at the conclusion of which the Hearing Examiner recommended the approval of the issuance of a Conditional Use Permit to allow the construction of an assisted living facility located at the north side of Ordinance 5581 August 23, 2001 Page 1 22nd Street NE, south of 24th Street NE, east of I street NE, on property zoned R-2 (Duplex), within the City of Auburn, Washington; and WHEREAS, the City Council, on August 20, 2001, considered said request and affirmed the Hearing Examiner's decision for the issuance of a Conditional Use Permit to allow the construction of an assisted living facility on property located at the north side of 22nd Street NE and east of I street NE, zoned R-3 (Duplex) within the City of Auburn, Washington, based upon the following Findings of Fact and Conclusions of Law and Decision, to -wit: FINDINGS OF FACT Q 1. Mountain West Investment, on behalf of the property owner, Anne Hansen, G has requested that a conditional use permit be approved for a "Senior Living Community" on a 4.19 acre site that is generally located north of 22nd C14 Street NE, south of 24th Street NE and easterly of "I" Street NE. The Senior Living Community will consist of 78 units of assisted living care and a 17 -unit care facility for Alzheimer's patients. 0 0 2. The property is zoned R-3, Duplex. The R-3 zone, through the issuance of a conditional use permit, allows for a nursing home and multi -family housing. It has been determined that the facility that is being proposed is relatively comparable to these uses and therefore can be processed as a conditional use permit. Assisted living care typically involves providing elderly residents with meals, personal care, housekeeping, and coordinating social activities. Assisted living residents may be ambulatory. Alzheimer's patients typically require more care. 3. The building is proposed to be a wood -framed structure that will total about 66,400 square feet; the Alzheimer's wing will be about 11,000 square feet. The assisted living portion of the building will be two stories and the Alzheimer's wing will be a single story. The maximum height that is Ordinance 5581 August 23, 2001 Page 2 The assisted living portion of the building will be two stories and the Alzheimer's wing will be a single story. The maximum height that is allowed in the R-3 zone is 30 feet. The facility will be staffed 24 hours a day, seven days a week. 4. The facility will be provided access to 22nd Street NE as well as 24th Street NE. The main access will be from 22nd Street. Improvements will need to be made to 24th Street in order to provide for a through street that will intersect with "L" Street NE to the east. The improvements to 24th Street are required by and outlined in the Mitigated Determination of Non - Significance issued for the project. 5. Parking required for the facility will be based upon what is required of a C= nursing home since the Zoning Code does not have a provision for Assisted Living housing. Nursing homes require parking at a ratio of one parking space for each three beds plus one parking space for each 2 C:? employees. The proponent estimates that there may be a maximum of 105 residents/beds and a maximum of 18 employees on any one shift. This calculates to 44 parking spaces and the site plan illustrates that 47 are CD being provided. 6. To the east of project is a church, to the north is a Junior High School and residential uses are to the west and south. Perimeter fencing and landscaping will be required to buffer these uses. 7. The contents of the case file, #CUP01-0003, and the environmental file, #SEP01-0019, 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, Ordinance 5581 August 23, 2001 Page 3 economically or otherwise, to property or improvements in the surrounding area, than would any use generally permitted in the district. The R-3 zone allows for a number of residential type uses including duplexes and four-plexes as well as churches, nursing homes etc. The use as proposed should be less of an impact to the neighborhood in that it is not a traffic generator nor will it impact school populations and recreation uses in the area. 2. The proposal is in accordance with the goals, policies and objectives of the Comprehensive Plan. The project is with a "Moderate Density" residential designation. On page 0 14-5 of the Comprehensive Plan, it states that public and quasi public uses, o including churches and schools are compatible uses in this designation. The proposed use will likely have less of an impact and is therefor in 0 accordance with the Comprehensive Plan. 3. The proposal complies with all requirements of the Zoning Ordinance. 0 CIJ The application indicates that all requirements of the Zoning Ordinance are met or are capable of being met. 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 facility will have a residential character that will be consistent with other residential uses in the area as well as the church and school. 5. The proposal will not adversely affect the public infrastructure. As conditioned by the Mitigated Determination of Non -significance the project should not have an adverse impact upon the public infrastructure. Ordinance 5581 August 23, 2001 Page 4 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: 1. A 6 -foot high solid wood fence, that meets appropriate setback requirements, shall be constructed on the west property line, the east property line, and the south property line of the project, excepting driveways. A 36 -inch high fence may be allowed on the east side of the driveway entrance from 22nd Street. A 5 -foot width of Type II landscaping, with at least 50% of the trees being conifer, shall be provided around the perimeter n. of the project as well. The landscaping shall be on the project side of the fence at all property lines except for any fence that is adjacent to street right 0 of way then the landscaping shall be on the street side of the fence. 0 0 "' 2. In order to minimize the construction impacts of the project, to some extent, cv the 6 -foot high fence shall be constructed first. 0 3. The architectural treatment of this project shall be consistent with the obuilding elevations illustrated on the site plan and the narrative description cv contained within the application. The landscaping shall be consistent with the plan prepared by the Bethune Associates. The Planning Director shall give final approval the architectural treatment of the buildings as well as the final landscaping plan prior to issuance of a building permit for the project. 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 construction of senior living facility on property zoned R-3 (Duplex) located at Ordinance 5581 August 23, 2001 Page 5 North side of 22nd Street NE and east of I Street 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 R. to be separate and severable. The invalidity of any clause, sentence, o, C:3 paragraph, subdivision, section or portion of this ordinance, or the invalidity of a 0 the application thereof to any person or circumstance shall not affect the validity N 0 of the remainder of this ordinance, or the validity of its application to other 0 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. Ordinance 5581 August 23, 2001 Page 6 0 0 ATTEST: N 6 r - O C= N INTRODUCED: September 4, 2001 PASSED: September 4, 2001 APPROVED: September 4, 2001 AIQ, CHARLES A. BOOTH MAYOR �aaz� aaa-� Danielle E. Daskam City Clerk APPROVED AS TO FORM: Michael J. Reynolds City Attorney PUBLISHED: 9- C}- O/ Ordinance 5581 August 23, 2001 Page 7 EXHIBIT "A" ORDINANCE NO. 5581 LEGAL DESCRIPTION OF PROPERTY LEGAL DESCRIPTION: PARCEL A: THE NEST 150 FEET OF THE NORTH 523 FEET OF THE FOLLOWING DESCRIBED TRACT OF LAND: BEGINNING 1092 FEET EAST OF THE SOUTHWEST CORNER OF THE 1/2 OF THE N.M. BRANNON DONATION CLAIM NO. 371 NORTH RUNNING THENCE NORTH 0-19'SO• NEST 678 FEET; THENCE BAST 312 FEET; THENCE SOUTH - 0 2 THENCE RUNNING WEST312FEST 7T0 PLACE OF BRGIENING, EXCEPT ROADS; AND THE WORTH 523 FEET OF THE POLLONING DESCRIBED TRACT OF LAND; SOUTHWEST CORNER OF THE9NORRTT'HT1/22 OF THE EAST OF A N M.BARAT THE NNNOONN DONATION CLAIM NO. 37; AND RUNNING TRENCH NORTH 0.19'50• NEST 678 FEET; THENCE NEST 312 FEET, THENCE RAST 3121FEETT-TOATHE PLACE OOF BHOINNINO; EXCEPT THE WEST 120.49 FEET; EXCEPT ROADS; (ALSO KNOWN AS LOT 4 CITT OF AUBURN SP -17-83 RECORDED UNDER T RECORDING NO. 8403140435 AND LOT 7 OF MAPLE OROVE TRACTS ACCORDING TO THE UNRECORDED PLAT THBREDP AND ALSO A PORTION F OCITY OF AUBURN LOT LINE AOJUSTMRNT NO. 0010.89 RBCo UNDER RECORDING NO. 8907100717);RDED SITUATE IN THE CITY OF AVB WASHINGTON. URN' COUNTY OP RING, STATE OF THE SOUTH 155 FEET OF THE FOLLOWING DESCRIBED TRACT OF LAND: OUTHNEST OF THE NORTHO1/2 92 OFTN�T OHRF A BBBGlRTTWG AT A POINT STONE AT TIM 37; AlII70H DONATION CLAIM NO. AND RUNNING THENCE NORTH 0°19'50• NEST 678 FEST, THENCE NEST 312 FEET; THENCE SOUTH 0.19'50• HAST 678 FEET THENCE EAST 312 FEET TO THE PLACE OF'BBGINNING; EXCEPT THE NEST 128.49 FEET; EXCEPT ROADS: AND THE NEST 40 FEET OF THE SOUTH. 155 FEET OF THE FOLLMING DESCRIBED TRACT rn OF LARD: O 2 FEET RAST OF THE SOUTHWEST CORNER OF THB NORTH .M BRANNON DONATION CLAIM NO. 37, R NORTH 0-19'SO" NEST 675 FEST, imlg'50- 0 12 FBBT; 0.19'50" RAST 678 FEET, TRENCH NEST 312 FEET TO PLACE OF BEGINNING; c'v EXCEPT ROADS; C:5 r-' (ALSO XSUNN AS LOT 6 AND A PORTION OF LOT 7 OF MAFIR GROVE TRACTS. ACCORDING TO THE UNRECORDED PWT THEREOF AND CITY OP AUBURN LOT LINE AWUSTMERT N0. s— 00-10-89 RECORDED UNDER RECORDING NO. 8907100717); O O SITUATE IN THE CITY OF AUBURN, WASHINGTON. COUNTY OF HIND, STATE OF cv PARCEL B: THE NEST 150 FEET OF THE NORTH 523 FEET OF THE FOLLOWING DESCRIBED TRACT OF LAND: BEGINNING 1092 FEET EAST OF THE SOUTHWEST CORNER OF THE 1/2 OF THE N.M. BRANNON DONATION CLAIM NO. 371 NORTH RUNNING THENCE NORTH 0-19'SO• NEST 678 FEET; THENCE BAST 312 FEET; THENCE SOUTH - 0 2 THENCE RUNNING WEST312FEST 7T0 PLACE OF BRGIENING, EXCEPT ROADS; AND THE WORTH 523 FEET OF THE POLLONING DESCRIBED TRACT OF LAND; SOUTHWEST CORNER OF THE9NORRTT'HT1/22 OF THE EAST OF A N M.BARAT THE NNNOONN DONATION CLAIM NO. 37; AND RUNNING TRENCH NORTH 0.19'50• NEST 678 FEET; THENCE NEST 312 FEET, THENCE RAST 3121FEETT-TOATHE PLACE OOF BHOINNINO; EXCEPT THE WEST 120.49 FEET; EXCEPT ROADS; (ALSO KNOWN AS LOT 4 CITT OF AUBURN SP -17-83 RECORDED UNDER T RECORDING NO. 8403140435 AND LOT 7 OF MAPLE OROVE TRACTS ACCORDING TO THE UNRECORDED PLAT THBREDP AND ALSO A PORTION F OCITY OF AUBURN LOT LINE AOJUSTMRNT NO. 0010.89 RBCo UNDER RECORDING NO. 8907100717);RDED SITUATE IN THE CITY OF AVB WASHINGTON. URN' COUNTY OP RING, STATE OF