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Home My WebLink About6495 - ORDINANCE NO. 6 4 9 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBORN, WASHINGTON, APPROVING THE REQUEST OF WESCEY HOMES LEA HILL, LLC FOR REZONWG OF THREE PARCELS TOTALING APPROXIMATELY 18.5 ACRES LOCATED SOUTH OF SE 320T" ST FROM R5, _ _ ._. __. RESIDENTIAL AND R7, RESIDENTIAL TO I, INSTITUTIONAL TO IMPLEMENT THE COMPREHENSIVE PLAN AND AMENDING THE CITY'S ZONING MAPS WHEREAS, the City Council of the City ot Auburn, Washington, adopted, on August 18, 1986, a Comprehensive Plan by Resolution No. 1703, which included a'Map � establishing the location of the Comprehensive Plan Land Use Designations throughout the City; and WHEREAS, on April 17, 1995, the Ciry Council of the City of Auburn adopted Comprehensive Plan Amendments by Resolution No. 2635 to comply with the Washington State Growth Management Act; and WHEREAS, on September 5, 1995, the City of Auburn reaffirmed that action with the adoption of Ordinance No. 4788; and WHEREAS, Kevin Anderson, President and Chief Executive Officer for Wesley Homes Lea Hill LLC, the Applicant, submitted a rezone application on behalf of the Wesley Homes Lea Hill LLC (File #REZ13-0001) for the Wesley Homes Lea Hill rezone on June 6 , 2013, for three parcels identified by King County, Washington, tax parcel numbers 1721059007, 1721059109 and 1721059253; and WHEREAS, the environmental 'impacts of proposed rezone were considered in accordance with procedures of the State Environmental Policy Act; and Ordinance No. 6495 February 12, 2014 Page 1 WHEREAS, after proper notice published in the City's official newspaper at leas4 ten (10) days prior to the date of hearing, the City of Auburn Hearing Examiner on January 15, 2014 conducted a public hearing on the proposed Wesley Homes Lea Hill LLC Rezone; and WHEREAS, at the public hearing the City of Aubum 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 Wesley Homes Lea Hill LLC Rezone; and WHEREAS, on, February 18, 2014, the Aubum City Council considered the propoSed Wesley Homes Lea Hilf LLC Rezone; as recommended by the City of Aubum Hearing Examiner; and 'NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASFiINGTON, DO ORDAIN AS FOLLOWS: Section 7: The City Council ("CounciP') adopts and approves the Wesley Homes Lea Hill, LLC Rezone to change three parcels totaling approximately 18.5 acres located South of SE 320m Street from "R5, Residential", and "R7, Residential", to "I, Institutional" and directs that the rezone application and all related documents be filed along with this Ordinance with the Aubum City Clerk and be available for public inspection. Section 2. The Zoning Map amendment is herewith designated as a basis for the exercise of substantive authority under the Washington State Environmental Policy Ordinance No. 6495 Februaryl2, 2014 Page 2 Act (SEPA) by the City's responsible environmental official in accordance with RCW 43.21 C.060. Section 3. The Council adopts the Findings of Fact and Conclusions of Law, from the Hearing Examiner's recommendation as set forth below: FINDINGS OF FACT Procedural: 1. Aaalicant. The Applicant is Kevin Anderson of Wesley Homes Lea Hill, LLC. 2. Hearina. A public hearing was held by the hearing examiner on the proposed rezone on January 15, 2014 at 5:30 p.m. at the City Council chambers at Autiurn City Hall. Substantive: 3. Site/Proaosaf Descriation. The Applicant has requested a rezone of 18.5 acres from R7 and R5 to I. The site is corriposed of three parcels. Two parcels totaling 0.5 acres in the area are currently zoned R5. The remaining 18.08 acres is zoned R7. All three parcels are located on the south:side of SE 320th St. beiween 108�h Avenue SE and 110th AvenueSE. The addresses of these properties are 10805, 10815, and 10925 SE 320th ST, Aubum WA. The underlying comprehensive plan land use map designation was amended to "Public and Quasi-Public" by ordinance adopted on December 2, 2013. The project site is primarily developed with an assisted living facility on the R7 parcel, campos.ed of several buildings. One of the two smaller R5 parcels currently contains a si,ngle family home and the other R5 parcel is vacant, having its single-family home removed in 2011. The purpose of the rezone is to add a skilled nursing facility to.the exisfing assisted living facility campus. Changes to the City's zoning code have rendered the assisted living campus nonconforming and the rezone is necessa.ry to allow the addition ofthe 36 bed skilled nursing facility. The existing approximately 18.38-acre assisted living campus is accessed by a north- south private street (109t" Place SE) extending south from SE 320"' leading to the site buildings. The central portion of the site contains trees, wetlands and the headwaters of a stream that were preserved, protected, or enhanced at the time ofi original development in 2005. The site buildings, access, and parking areas were developed Ordinance No. 6495 February 12, 2014 Page 3 around these on-site resources. The campus can be divided into three different living areas as follows: "Eby Lodge": The north cent[al portion of the site contains the main, three-story building containing approximately 128 residential apartments, dining room, and rooms for specific activities, such as theater, game room, wood shop, chapel, beauty salon, and fitness center. The building also contains underground parking and a secure wing for individuals living with memory impairment. "Village Homes" — The east side and south sides of the site are bordered by a row of 22 single story homes, prirriarily as duplexes, that provide an independent living situation. 'Brownstones"— The southwest comer of the site contains two, twastory buildings with underground parking and approximately 12 apartment homes in each building. 4. Characteristics of the Area. The rezone area is surrounded by land zoned and developed with single-family residences. 5. Adverse Imoacts. There are no significant adverse impacts associated with the proposal. The rnain issue with such a development`would be compatibility, since 4he facility is surrounded by single-family use. However, as noted in the staff report, at the fime the assisted living facility was proposed it was generally well-received as a way to preserve a large, family farmstead and open field containing trees, wetlands, and a stream with an environmentally sensitive low intensity development. It appears that the proposal is still generally well received as there have been no adverse written comments or testimony submitted against the proposaL The park-like setting of the existing campus is compatible with surrounding single-family use. CONCLUSIONS OF LAW � Proeedural: 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 Ehe City Council if the planning director determines that the rezone requests a[e consistent with the comprehensive plan. The planning director has determined thaf the rezone request is consistent with the comprehensive plan. Ordinance No. 6495 February 12, 2014 Page 4 Substantive: 2. Comnrehensive Plan Land Use Maa Designation. The Comprehensive Plan Land Use Map designation forthe p�oposed rezone area is "Public and Quasi-Public". 3. Case Law Review Criteria and A�olication. The Aubum City Code does not include .any criteria for rezone applications. Washington appellate courts have imposed some rezone criteria, 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. Tabler, 105 Wn. App. 103, 111 (2001). If a rezone implements the Comprehensive Plan, a showing that a change of circumstances has occurred is not required. Id. at 112. The proposed rezone from R7 and R5 to I clearly meets the judicial criteria for a rezone. There is no question that the proposal is necessary to implement the comprehensive plan, as the comprehensive plan land use map designation for the property is currently "Public and Quasi-Public". The only zoning de.signations that are consistent with this designation are P-1 (Public Use), LF (Landing Field) and I. Given that there are no plans by any public agency to use the project area for a public purpose and the site is nowhere near the Auburn Municipal Airport, the I zone is the only zone that can feasibly implement the underlying comprehensive plan designation. With the options for implementation limited to the I zone, the only remaining issue is whether any conditions should be placed on the rezone. The examiner inquired wliether a condition should be placed restricting development to expansion of the assisted living facility. Staff responded that such a condition would not be necessary given the advance expansion plans of the applicant and the fact that the site is not practically suited for any other development. Given that rezone conditions can cause p�oblems in the decades to come as changes in conditions make fhem increasingly incongruous with the property to which they apply, it is recommended that no conditions be placed upon the rezone. The rezone bears a substantial relationship to the public health, safety, morals and weffare because it will not result in any significant adverse impacts as determined in Finding of Fact No. 5 while at the same time allowing for senior housing options to Auburn residents. Ordinance No. 6495 February 12, 2014 Page 5 Section 4. Upon the passage, approval, and publication of this Ordinance as provided by law, the City Clerk of the City of Aubum shall cause this Ordinanceto.be recbrded in the office of the King County Recorder. Section 5. If any section, subsection, sentence, clause, phrase orportion 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. INTRODUCED: FEB 1 S 2014 PASSED: FEB 18 2014 APPROVED: FER 1 S 2�14 �� ancy B k MAYOR Ordinance No. 6495 February 12, 2014 Page 6 ATTEST: Da ielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heiii, City Attomey Published:�-�T��ab/4��-�� Ordinance No. 6495 February 12, 2014 Page 7