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HomeMy WebLinkAbout4382 CITY C ERK'S OFFICE RECEIVED THIS DAY • • - CITY DF AUBURN ■25 'Nest Main 89.:12/12 #0343 L? Aurbun WA 98001 F 11.00 , RE DEC !.; N S 9 22 A9 CD .. RECFEE 2.00 1 BY THE nth fl "' lf CREHEL ***13.00 RECO DSO INA NSI4O. 4 3 8 2 5S 2 AN ORDINANCE OF THCITYNOF AUBURN, WASHINGTON, PROVIDING FOR 3 A CONDITIONAL USE PERMIT TO ALLOW A MONTESSORI DAY CARE/SCHOOL TO BE LOCATED AT 1015 HARVEY ROAD, WITHIN THE CITY OF AUBURN, 4 WASHINGTON. 5 ' WHEREAS, Application No. CUP0006-89 dated September 15, 61 1989, together with site plans therefore, has been submitted CD 7 to the City of Auburn, Washington, by JAMES and BEVERLY REICH, C 1 8 requesting a Conditional Use Permit to allow a Montessori day 'I 9 care/school for up to a maximum of 38 children 3-8 years old, Go 10 to be located at 1015 Harvey Road, within the City of Auburn, 11 Washington, hereinafter described in Section 2 of the 12 Ordinance; and 13 WHEREAS, said request above referred to, was referred to 14 the Hearing Examiner for study and public hearing thereon; and 15 WHEREAS, the Hearing Examiner, based upon staff review, 16 held a public hearing to consider said petition in the Council 17 Chambers of the Auburn City Hall, on October 17 , 1989 , at the 18 conclusion of which the Hearing Examiner recommended the 19 approval of the issuance of a Conditional Use Permit to allow 20 a Montessori day care/school for up to a maximum of 38 21 children 3-8 years old to be located at 1015 Harvey Road, 22 based upon the following Findings of Fact and Conclusions, to- 23 wit: 24 25 26 Ordinance No. 4382 Page 1 November 14 , 1989 CITY C .ERKS OFFICE CITY OF AUBURN 25 West Main Aublu n, WA 98001 2 FINDINGS OF FACT 3 1. The applicant's, James and Beverly Reich, seek a 4 Conditional Use Permit to allow the operation of a Montessori school on property located at 1015 Harvey i 5 Road in Auburn. 6 2 . The subject site is zoned R-0 and is designated for residential office uses in the Comprehensive Plan. 7 It is currently developed for use as a single family CP home. Zoning to the north, south and east is for 01 8 residential office uses and the Comprehensive Plan © designates this land for office residential uses 0 9 while zoning to the west is R-2 and is utilized and i Noi designated in the Comprehensive Plan for single C4 10 family uses. r4, 11 3 . The applicant proposes to operate a Montessori school for up to 38 children who will be between the 12 ages of 3 and 8. The proposed hours of operation are from 7 : 00 A.M. to 6: 00 P.M. and there will be up 13 to 4 employees at the facility. 14 4 . The evidence establishes the site which is currently developed with a single family home on a large lot 15 which is 18, 500 square feet in size also contains a large gravelled parking area, a concrete slab used 16 for parking, and a detached two-car garage. 17 5 . The evidence establishes that the Zoning Code requires 50 square feet of indoor area for each 18 child, and thus the indoor area of 2177 square feet is in excess of the 1900 minimum square foot 19 requirement. In addition, however, each of the 38 children requires 100 square feet of outdoor play 20 area or a total of 3800 square feet. The submitted site plan indicates only 2166 square feet of outdoor 21 play area, thus an expansion is required. 22 6. The evidence establishes that the proposal fronts on Harvey Road which is a designated arterial . In 1990 23 this road will be widened to five lanes, one of which will include a center left-hand turn lane and 24 25 26 Ordinance No. 4382 Page 2 November 14 , 1989 CITY U N C L E OFFICE • -17Y 0 AUBURN 25 V1 3st Main Auburn. 'NA 98001 11 an additional 22 feet of right of way was taken from 2 this property to accommodate the future improvement of Harvey Road. As part of the widening project, 3 related appurtenances will be provided including new sidewalks, driveways, and sewer and storm drainage. 4 . 7 . Currently the Zoning Code requires paving of the parking area for this project together with storm 51 drainage and landscaping. It appears reasonable to 6 delay these improvements until the Harvey Road project is done to avoid having to redo paving as a 7 result of the street-widening system. 8 . There was no public testimony at the time of the 81 hearing although a letter was received from V 9 neighbors requesting a fence as a condition of approval. ® 10 9 . The staff report, with its recommendation of H 11 conditional approval, is incorporated herein as 0 though set forth in full. 12 UD 13 CONCLUSIONS OF LAW 14 15 1. The applicant for a Conditional Use Permit must establish that the use will have no more of an 16 adverse effect on the health, safety, or comfort of persons living or working in the area than would any 17 use generally permitted outright in the district. Generally a Montessori school involving a large 18 number of children on the site at any one time and particularly playing outside would create more noise 191 than would other uses which one would generally expect to find in a residential office district. It 20 is therefore reasonable to require screening in the form of a 6 foot high cedar fence to screen adjacent 21 residences and businesses from the noise associated with the proposal . 221 2 . The evidence establishes that the proposal complies 23 with the goals, policies and objectives of the Comprehensive Plan and requirements of the Zoning 24 25 26 Ordinance No. 4382 Page 3 November 14 , 1989 0 . CITY I:LERK'S OFFICE CIT'/ OF AUBURN 7! West Main Aubt m, WA 98001 1 Ordinance provided that the outdoor play area is 2 expanded. 3 , 3 . The applicant proposes no changes to the existing home, therefore the proposal can be constructed and 4 maintained so as to be harmonious and appropriate in design and character with the general vicinity. 5 4 . The proposal will not adversely affect the public 6 infrastructure since the proposal will ultimately be served by a five-lane arterial. 7 8 For each of the above referenced reasons, the Cip 9 ! recommendation of the Hearing Examiner to the Auburn City 04 10 Council on this Conditional Use Permit to allow a Montessori 11 ' day care/school for up to a maximum of 38 children 3-8 years vol 12 old, is approved and affirmed upon the conditions set forth in 13 Section 2 of this Ordinance. 14 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 15 WASHINGTON, DO ORDAIN AS FOLLOWS: 16 Section 1. The above cited Hearing Examiner's Findings 17 of Fact and Conclusions, are herewith incorporated in this 18 Ordinance. 19 section 2 . A Conditional Use Permit is hereby approved 20 subject to the condition specified herein, to allow a 21 Montessori day care/school for up to a maximum of 38 children 22 3-8 years old to be located at 1015 Harvey Road, situate in 23 24 25 26 Ordinance No. 4382 Page 4 November 14, 1989 CITY-CLLRK'S OFFICE 1 ' CITY )F AUBURN 25 t Vest Main Auburn, WA 98001 1 2 the City of Auburn, County of King, State of Washington, and 3 legally described as follows: 4 That portion of Lots 7, 8, 9, and 10 lying westerly of Harvey Road. Except the southerly 120 feet thereof. Except that 5 portion of the N 1/2 of the N 1/2 of Lots 6 7 and 8 lying westerly of Harvey Road. Plus the S 1/2 of the N 1/2 of Lots 4 , 5, 7 and 6 together with the S 1/2 of the N 1/2 of the east 1/2 of Lot 3 . All within 8 Block 16 of C.D. Hillman's Auburndale Addition to the City of Seattle, Division E") 2 , as per plat recorded in Volume 13 of to 9 Plats, page 92 , in King County, 10 Washington. mal 11 section 3. The Conditional Use Permit is conditional 40 12 approval subject to the following conditions: C Cr 13 1. The applicant be allowed to delay the paving of the parking lot, and installation of storm sewer, sewer, 14 and landscaping. 15 To ensure the completion of the improvements, the applicant shall post a performance bond or similar 16 financial security to guarantee the construction of the improvements. 17 The amount shall be determined by the City Engineer 18 and the form of the security approved by the City Attorney. The security device shall be posted prior 19 to occupancy of the school. 20 2 . The completion of the improvements shall meet all City Codes and be done upon completion of the Harvey 21 Road project or within 2 years of this conditional use permit. 22 3 . The number of children shall be limited to 20 until 23 all of the required on-site improvements are completed and the Harvey Road project is finished. 24 25 26 Ordinance No. 4382 Page 5 November 14 , 1989 T1 CLERK'S OFFICE CITY OF AUBURN 25 West Main " uburn, WA 96001 1 2 4 . The applicant shall receive approval from the King County Health Department to determine if the 3 existing septic system is adequate for the proposed use. The approval shall be secured prior to 4 occupancy by the school. 5 5. The play areas shall be fenced with a 6 foot high wooden fence on the east side and on all property 6 lines that adjoin single family residences. 7 All buildings and materials within the play area that are not related to the play area shall be 8 removed. z}' 9 Section 4 . Upon the passage, approval and publication of CI 10 this Ordinance as provided by law, the City Clerk of the City 11 of Auburn shall cause this Ordinance to be recorded in the ri 12 office of the King County Auditor. 00 13 Section 5. The Mayor is hereby authorized to implement 14 such administrative procedures as may be necessary to carry 15 out the directions of this legislation. 16 Section 6. This Ordinance shall take effect and be in 17 force five days from and after its passage, approval and 18 publication as provided by law. 19 20 21 22 23 24 25 26 Ordinance No. 4382 Page 6 November 14 , 1989 C.TY CLERK'S OFFICE CITY OF AUBURN 25 West Main �,.uburn, WA 98001 11 2 INTRODUCED: // 1) (�1 9 3 g a- / PASSED: 4 /� G� 5 APPROVED: //-9O A / 6 Jj • /7 el 8 M A Y O R C ("1 9 ( , ATTEST: N10 12 Robin Wohlhueter, City Clerk IA 13 14 APPROVED AS TO FORM: 15 17 Marguerite Schellent±ager, City Attorney 18 19 /- PUBLISHED: �I �(G' 20 21 22 23 24 25 26 Ordinance No. 4382 Page 7 November 14 , 1989 STATE OF WASHINGTON) ss. COUNTY OF KING I, Robin Wohlhueter; 'the duly appointed, qualified City Clerk of the City- of Auburn,' 'a Municipal., Corpbration and Code City, si•tuate, in the -County of King, State :of Washington-; do hereby certify 'that.tthe. foregoing is' a full, /7/ Prue and correct copy of Ordinance No. 4382 of the • //// ordinances- of the City of- auburn, entitled "AN ORDINANCE. " Is •, //t, I cerf■ify \that said Ordinance No. 4382 was duly passed f �� by the Council and "approved by the Mayor of the said-City of Auburn■; on the the 20th'day, of -Novemb'er. A. D. , 1989 . HY /: .tA, ;.,,,. c ; I further ;certify that,,said- Ordinance No:- 4382Y was published 'as\,provi'ded•by ;law_,in the Va1dey`Daily/News, a daily newspaper published in the City- of'Auburn; and of general circulation therein, on the'^26t1f day of November, A.D. , 1989 . Witness my hand and the official seal of the City of Auburn this March 21 , 1990 , A. D. Robin Wohlhueter _ `_ City Clerk City of Auburn . .rte 25 West Main, Auburn, WA 98001-4998 (206) 931-3000