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HomeMy WebLinkAbout6227 . , -� IIu�uIIIVIIIIIIIIIIIIIIII III�� Ilul IIIII I�II ulll I�II lull Ulu Ilul lu 201009�2000256 Return Address: Pp�=FIC Hu TzT oeo �e.ee Aubum City Clerk e9 ezizeieFiti 9a City of Auburn KING COUN1'Y, ua 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): PACIFIC NORTHWES7 71i`F 1. Rezone (Ordinance 6227) � �/3 Referenae Number(s) of Documents assigned or released: I/ '��„D • �Additional reference#'s on page_of document Vf� G�antor(s) (Last:name first, then first name and initials) 1. Auburn, City of , Grantee: (Last name first) 1. Rainier Christian School 2. Christian Enterprises Legal Description (abbreViated: i.e. lot, block, plat or section, township, range) PoRion of 24&25, White River Valley Home Tracts �Additional legal is on page 9 of the document. Assessor's Properly Tax ParcellAccount Number. 9360000135, 9360000140, 9360000416 j ❑Assessor Tau#not yet assignad Seid documents(s) were flled for rewrd by ,Pa�c NoRhwest T7tle as • an accommodation only. It has not heen examined as to proper execution oc as to its effeat upon Utle. ORDINANCE NO. 6 2 2 7 . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE REQUEST OF RAINIER CHRISTIAN SCHOOL FOR A REZONE FROM M1 LIGHT INDUSTRIAL TO I INSTITUTIONAL TO IMPLEMENT THE COMPREHENSIVE PLAN AND AMENDING THE CITY'S ZONING 'MAPS ACCORDINGLY . WHEREAS, the City of Aubum on August 18, 1986 adopted a Comprehensive Plan by Resolufion No. 1703 which includes a Map establishing the location of the Comprehensive Plan Land Use Designations throughout the City; and' WHEREAS, on April 17, 1995 the Gity of Auburn adopted Comprehensive Plan Amendments by Resolution No. 2635 to comply with the Washington State Growth Management Act; and ` WHEREAS, the City of Auburn on September 5, 1995 reaffirmed that action by Ordinance No. 4788; and WHEREAS, Christian Enterprises, the oversight body for Rainier Christian School, submitted a Comprehensive Plan map amendment and rezone application on June 19, 2008 for tax parcels 9360000135, 9360000140, and 9360000416; and WHEREAS, Comprehensive Plan map and text amendments were processed by the Planning, Building, and Community Department as proposed Year 2008 amendments to the City of Aubum Comprehensive Plan, and the City ofi ,Auburn adopted the 2008 Comprehensive Plan amendments on December 1, 2008 by . Ordinance No. 6212; and Ordinance No. 6227 March 30, 2009 Page 1 _ - ~ WHEREAS, the environmental impacts of the Year 2008 Comprehensive Plan amendments were considered in accordance with procedures of the State EnVironmental Policy Act; and WHEREAS, the environmental impacts of the Rainier Christian School Rezone were considered in accordance with the procedures of the State Environmental Policy Act; and WHEREAS, after proper notice published in the City's official newspaper at least ten (10) days prior to the date of hearing, the City of Auburn Hearing Examiner on February 18, 2009 conducted a public hearing on the proposed Rainier Christian School Rezone; and WHEREAS, at the public hearing the City of Auburn Hearing Examiner heard public testimony and took evidence and exhibits into consideration; and WHEREAS, thereafter the City of Auburn Hearing Examiner made a recommendation to the City Council on the proposed Rainier Christian School Rezone; and WHEREAS, on March 16, 2009, the Auburn City Council considered the proposed Rainier Christian School Rezone as recommended by the City of Auburn Hearing Examiner. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Council adopts the Findings of Fact and Conclusions of Law, in the Hearing Examiner's recommendation outlined below: Ordinance No. 6227 March 30, 2009 Page 2 FINDINGS OF FACT Procedural: 1. Applicant. The applicant is Rainier Christian Schools. 2. :Hearina. The Hearing Examiner conducted a hearing on the application at 5:30 p.m. at Auburn City Hall in the Council Chambers on February 18, 2009. Substantive: 3. Site/Proposal Descriqtion. The applicant has applied for the rezoning of 3 parcels, totaling 7.2 acres, which are located off of 49th Street NE. The school wishes to expand in the future, with specific plans to remove existing poitable outbuildings and replace them with permanent structures. The site currently houses Kentview Elementary School, and has housed a school of some sort since approximately 1928. 4. Characteristics of the Area. The subject property, is surrounded by many - different types of uses. To the north, there are apartments, single family homes, and palette repair; to the south is a warehouse; to the east are single-family homes and vacant lots; and to the west are single-family homes and an industrial. business park. The surrounding zoning includes Light Industrial, Instifutional, and Heavy Commercial. Additionally, the surrounding Comprehensive Plan designations are Light Industrial and Heavy Commercial. 5. Adverse Impacts. ,Although there were no community concerns raised during the hearing, one letter was received from a neighboring property owner that was concerned about the .increased- level of traffic that could arise from this project, as well as the inherent necessity associated with the need to rezone this property (Exhibit 12). Due to the age of the children attending the school, there are inherent #raffic problems associated with parents picking up children, buses, and children navigating between automobiles on a busy sfreet. The neighbors concem seemed to center around fhe fact that he had applied to build a truck/trailer yard on the property across the street from the school, and this use combined with the school children and their associated traffic could not only cause safety concems for the children, but would also bring the adjoining street's Level of Service to an unacceptably low level. However, as testified by staff, the road is well under capacity and is operating at LOS A to B. There is nothing in the record to suggest` that the road cannot handle additional traffic generated by the school. Further, all traffic impacts will be addressed and mitigated during project review. - Ordinance No. 6227 March 30, 2009 Page 3 Additionally, the neighboring property owner raises concerns regarding 49th St: as a"non residential collector street" as designated in the City's Comprehensive Transportation Plan. The neighbor asserts that this type of road is inconsistent with pedestrian traffic. There is nothing in the record to suggest that there are inadequate pedestrian facilities in the vicinity of the school or that there would be any significant pedestrian activity along the road. As stated in the neighbor's letter, there are no grade school aged children that live nearby. As testified by the school representative, parents drive their children to the school. The evidence does not support the inference that children are endangered by 49th Street. Finally, the neighboring property owner raises concerns regarding the overall advisability and need to rezone the property, which have been addressed in detail in Conclusions of Law 8 and 9. He specifically raises the concern that this zoning will create a spot zone completely out of character with the surrounding area. However, as can be seen in the wide variety of zoning designations and property uses in Finding of Fact 4, this use will not be completely out of character. In addition, this property has been used as a school since approximately 1928, and will continue to be used as such into the future. The school simply plans to expand and renovate, not to change the use of the. property. As such, the property will not be out of character with the surrounding neighborhood, because if has been a continuing use in the area for 90 years. The Washington State Office of Archaeology and Historic Preservation has submitted a comment letter (Exhibit 11) citing a potential for disturbance of archaeological resources if the rezone leads to any ground disturbance. It is recommended that approval of the rezone request be conditioned upon the mitigation measures recommended by the Office of Archaeology and Historic Preservation. Beyond these impacts the City issued a Determination of Nonsignificance undee environmental review , conducted pursuanf to the Washington State Environmental Policy Act (Chapter 43.21 C RCV1). In short, staff determined that the proposed rezone will not result in any probable, significant adverse environmental impacts. There is nothing in the record to suggest to the contrary. COlVCLUSIONS OF LAW Procedural: 1. Authoritv of Hearinq Examiner. ACC - 18.68.030(B)(1)(a) grants the Hearing Examiner with the authority to review and make a recommendation on rezone requests to the City Council if the planning director determines that the rezone , Ordinance No. 6227 March 30, 2009 Page 4 requests are consistent with the comprehensive plan. The planning director has determined that the rezone request is consistent with the comprehensive plan. The comprehensive plan land use map designation for the property is Public/Quasi-Public, as adopted by the City Council by Ordinance No. 6212 on December 1, 2008. Page 14-8 of the City of Auburn Comprehensive Plan provides that the requested rezone, I Institutional, is consistent with the Public/Quasi-Public comprehensive plan map designation. Substanfive• 2. Zoning Designation. The property is.zoned M-1, Light IndustriaL 3. Review Criteria and Application. Chapter 18.68 ACC does not provide any specifc review criteria for.site specific rezones. However, Washington appellate courts have imposed some criteria themselves, requiring that the proponents of a rezone must establish that conditions have substantially changed since the original showing and that the rezone must bear a substantial relationship to the public health, safety, morals or welfare. See Ahmann-Yamane, LLC v. Tab/er, 105 Wn. App. 103, 111 (2001). If a rezone implements a comprehensive plan, a showing of changed circumstances is not required: Id. at 112. As discussed in Conclusion of. Law No. 1 above, the City Council recently changed the comprehensiye plan map designation for the subject parcel from Light Industrial to Public/Quasi-Public. The subject rezone request is necessary to implement this change in the comprehensive plan designation. Consequently, no showing of changed circumstances is required. This rezone request fairly easily satisfies the requirement that it bear a substantial relationship to public health, safety, morals or welfare. As noted in the Findings of Fact, the rezone will not lead to any significant adverse impacts. Further, rezoning the property will make it easier for the applicant to expand its educational services. Under the current Light Industrial zoning designation the ` school is a nonconforming use, which limits its ability to expand. Section 2. The City Council adopfs and approves the Rainier Christian School Rezone from M1 Light Industrial to I Institutional and directs that the rezone application and all related d.ocuments be filed along with this Ordinance with the Auburn City Clerk and be available for public inspection. Ordinance No. 6227 March 30, 2009 Page 5 Section 3. The Zoning Map amendment is herewith designated as a basis for the exercise of substantive authority under the Washington State Environmental Policy Act by the City's responsible environmental official in accordance with RCW. 43.21 C.060. Section 4. 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 Recorder. Section S. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any of the Zoning Map amendments adopted herein, is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof: Section 6. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 7. This Ordinance shall take effect and be in force five days from and after its passage, approval, and publication as provided by law. APR - 6 2009 ` INTRODUCED: PASSED: APR - 6 2009 APP D: A'R - 6 20 ~ Peter B. Lewis MAYOR Ordinance Na 6227 March 30, 2009 Page 6 ATTEST: D elle E. Daskam, Cify Clerk APP VE S O F R: aniel B. Heid, City Attorney Published: Ordinance No. 6227 March 30, 2009 Page 7