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Home My WebLink AboutITEM VIII-A-1~ff vc * CITY OF_ ~RN ~ WASH[NGTON AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6227 Date: March 30, 2009 Department: Planning, Attachments: Ordinance No. 6227 Budget Impact: N/A Building, and Community and Exhibit List Administrative Recommendation: City Council introduce and adopt Ordinance No. 6227. Background Summary: OWNER/APPLICANT: Rainier Christian Schools REQUEST: Change in zoning of three parcels from M-1 Light Industrial to I Institutional Use LOCATION: The properties are located at 20 49'h Street NE. EXISTING LAND USE: Kentview Elementary School. COMPREHENSIVE PLAN DESIGNATION: Public/Quasi-Public SEPA STATUS: A DNS was issued on August 15, 2008 for the Comprehensive Plan land use change that took into account the rezone change. L0406-2 03.8 REZ08-0004 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: Z Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor Z Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD E Fire ~ Planning ❑ Park Board ❑ Public Works Z Legal ❑ Police ❑ Planning Comm. ❑ Other Z Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Norman Staff: Baker Meetin Date: A ril 6, 2009 Item Number: VIII.A.1 AU$URN *MORE THAN YOU I[vtAGINED Agenda Subject: Ordinance No. 6227 Date: March 30, 2009 The Comprehensive Plan designation, zoning designation and land uses of the surrounding properties are: Com rehensive Plan Zonin kand Use Project Site Public/Quasi-Public M-1, Light Industrial Kentview Elementary School North Light Industrial M-1, Light Industrial and Apartments, single I, Institutional family homes, and alette re air South Li ht Industrial M-1, Li ht Industrial Warehouse East Heavy Commercial, C-3, Heavy Commercial Single family homes Li ht Industrial and R-4 Kin Count and vacant West Light Industrial M-1, Light Industrial and Single family homes I, Institutional and industrial business ark EXHIBIT LIST Exhibit 1 Staff Report to the Hearing Examiner Exhibit 2 Vicinity Map Exhibit 3 Application Exhibit 4 Site Plan Exhibit 5 Combined Notice of Application and Public Hearing** Exhibit 6 Affidavit of Posting** Exhibit 7 Affidavit of Mailing** Exhibit 8 Confirmation of Publication of Legal Notice" Exhibit 9 Aerial Photograph Exhibit 10 Ordinance No. 6212** Exhibit 11 OAHP comment letter from 4 years ago Exhibit 12 Comment letter received from John A. Corrado Exhibit 13 Hearing Examiner's Recommendation dated February 27, 2009 Exhibit 14 Reconsideration Request filed by John A. Corrado, dated March 7, 2009 Exhibit 15 Hearing Examiner's Decision on the Reconsideration Request, dated March 19, 2009 **Exhibits with an asterisk are not included in the packet but are available upon request. FINDINGS OF FACT: 1. Rainier Christian Schools has applied for a rezone of three pieces of property which are accessed off of 49th Street N E. 2. A Comprehensive Plan Land Use Map amendment was applied for at the same as the rezone on June 19, 2008. The applicant requested a land use change from Light Industrial to Public/Quasi- Public. The City Council approved the amendment on December 1, 2008 by Ordinance No. 6212. Page 2 of 5 Agenda Subject: Ordinance No. 6227 Date: March 30, 2009 3. The rezone site at 49'h Street NE is approximately 7.2 acres in size and contains an existing school. 4. The applicant has filed an environmental checklist that addressed the comprehensive plan amendment and rezone. A description of future development of the properties was not included. 5. The I(Institutional Use) zone district allows academic schools, including public, parochial, and private, which offer instruction in several branches of learning (see ACC 18.44.020). The intent of the I zone is, intended to provide an area wherein educational, governmental, theological, recreational, cultural and other public and quasi-public uses may be allowed to develop. It is further intended these areas be significant in scope which will allow a combination of uses which may not be permitted outright within other zones. This district is not intended to include those smaller or singular public uses which are consistent with and permitted in other zones." 6. The Institutional Use zone requires a minimum area of one acre that must be developed per ACC 18.44.040. The subject site meets this requirement. 7. The Institutional Use zone development standards including setbacks and lot requirements are contained in ACC 18.44.050. 8. On August 15, 2008, the SEPA Responsible Official issued a Determination of Non-Significance (DNS) for the comprehensive plan land use amendment that also took into account the rezone. There were no comments received and no appeals filed. 9. The public hearing notice was published in the Seattle Times February 2, 2009, provided to the property owners within 300 feet of the subject site, and posted on the subject property. 10. The City Council recently changed their role in quasi-judicial approvals giving that authority to Hearing Examiner to make decisions. Since rezones are approved by Ordinance the City Council is still the decision maker on rezones with the Hearing Examiner making a recommendation on . the proposal. 11. 49'h Street NE is a non-residential collector and this road classification supports the rezone request. However the current roadway is not constructed to the non-residential collector standard. Future expansion of school will most likely require the need for additional roadway improvements and dedication of right of way along the site frontage or off site. 12. The City received one comment letter from the adjacent property owner to the north (Exhibit 12). 13. A public hearing was held before the City of Auburn Hearing Examiner on February 18, 2009. 14. The City of Auburn Hearing Examiner issued a recommendation of approval on February 27, 2009. 15. A request for reconsideration was filed by John A. Corrado on March 7, 2009 within the seven day timeframe. 16. The requested for reconsideration was transmitted to the Hearing Examiner for review and decision. The Hearing Examiner rendered his decision on the reconsideration request upholding his recommendation of approval of the rezone request. Page 3 of 5 Agenda Subject: Ordinance No. 6227 Date: March 30, 2009 CONCLUSIONS: ACC Chapter 18.68 provides certain criteria for approval of a rezone: 1. The rezone must be consistent with the Comprehensive Plan. The applicant applied for both a rezone and comprehensive plan amendment on June 19, 2008. The comprehensive plan amendment was processed as part of the annual amendments. The land use map amendment request was from Light Industrial to Public/Quasi-Public. On December 1, 2008 the City Council approved the comprehensive plan amendments through Ordinance No. 6212 (Exhibit 10). 2. The rezone must be initiated by someone other than the City in order for the Hearing Examiner to consider the request. The rezone has been initiated by the property owner, Christian Enterprises who operate Rainier Christian Schools. 3. Any changes or modifications to a rezone request made by either the Hearing Examiner or City Council will not result in a more intense zone than the one requested. The requested rezone change is from M-1, Light Industrial, to I, Institutional Use and will not result in a more intense zone that what is requested. In addition, the Washington State Supreme Court has identified other general rules for rezone applications (see Parkridge v. Seattle, 89 Wn.2d.454; 573 P.2d 359 (1978)): 1. Conditions in the area must have changed since the original zoning was established. The subject property was originally zoned R-1, Single Family Residential, when annexed into the City of Auburn in 1995 under City Ordinance No. 4780. In 2000 the property was rezoned Institutional (I) at the request of the owner at the time?. During the City's year 2003 annual amendment cycle to the Comprehensive Plan, when the school was known as the Thomas Academy, a map amendment request to change the land use designation from "Public/Quasi-Public" to "Light Industrial" was ultimately approved by the City Council. In 2004, a rezone application was approved by the City Council changing the zoning of the property from Institutional (I) to Light Industrial (M-1). The previous owners of the property applied for the rezone in an attempt to increase the marketability of the property. When the property was purchased by another school the need for the Light Industrial zoning was eliminated. Kentview Elementary School (also known as Rainier Christian School) purchased the property from Thomas Academy and continues to operate as a private school. With the current zoning of Light Industrial (M-1), the school is a legal non-conforming use. Kentview Elementary School's future plans include removing existing portable outbuildings and replacing them with a permanent structure, as well as upgrading facilities with a larger multi-purpose building. As a legal nonconforming use, the Auburn City Code limits the expansion to only 25%. Conditions in the area have changed since the property was zoned Light Industrial in that the purchaser of the property was another school and that school has plans to expand. With the current zoning that limits the possibility of expansion. When the property was rezoned to M-1, Light Industrial in 2004, the City received a comment letter from the Washington State Office of Archaeology and Historic Preservation (Exhibit 11). One of the Page 4 of 5 Agenda Subject: Ordinance No. 6227 Date: March 30, 2009 school buildings located on site was built in 1928. OAHP's recommendation was to conduct an archeological survey and file a"Historic Property Inventory" form to document the building's architectural and historic value as a component of future applications that would result in ground disturbance or building demolition. The City concurred with that recommendation and imposed a condition on the 2004 rezone. Staff recommends that the condition imposed on the 2004 rezone be carried through if the property is rezoned back to Institutional. (In presentation may want to clarify that building may be torn down since school is going to redo site so would make sense to do survey even though it won't be industrial, building still may be lost.) 2. The proposed rezone must bear a substantial relationship to the general welfare of the community. Since at least 1928, the subject site has served as both a public and private school. The driving force of this rezone request is the need for expansion of the existing facilities to continue serving the community and provide the same level of service. To keep the property zoned Light Industrial limits the expansion to only 25% as a non-conforming use which could lessen the level of service the school could provide. STAFF RECOMMENDATION Based upon the application and Findings of Fact and Conclusions of the staff report, staff recommends that the Hearing Examiner recommend to the City Council approval of the rezone with the following condition of approval: 1. The applicant shall prepare and file a"Historic Property Inventory" form to document the building's architectural and historic value in conjunction with future applications that would result in ground disturbance or building demolition. HEARING EXAMINER RECOMMENDATION After conducting a duly advertised public hearing, the Hearing Examiner issued his recommendation of approval on February 27, 2009 with one condition of approval: 1. The applicant shall prepare and file a"Historic Property Inventory" form to document the building's architectural and historic value in conjunction with future applications that would result in ground disturbance or building demolition. The Hearing Examiner upheld his recommendation of approval in the issued decision on the reconsideration request dated March 19, 2009. Page 5 of 5 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 Auburn on August 18, 1986 adopted a Comprehensive Plan by Resolution 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 City 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 Auburn Comprehensive Plan, and the City of 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. Hearinq. 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 Description. 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 portable 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, Institutional, 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 traffic problems associated with parents picking up children, buses, and children navigating between automobiles on a busy street. The neighbors concern seemed to center around the 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 concerns for the children, but would also bring the adjoining streeYs 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 streeY' 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 it 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 under environmental review conducted pursuant to the Washington State Environmental Policy Act (Chapter 43.21 C RCW). 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. CONCLUSIONS OF LAW Procedural: 1. Authority of Hearing 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 ptan. 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. Substantive: 2. Zoninq Designation. The property is zoned M-1, Light Industrial. 3. Review Criteria and Application. Chapter 18.68 ACC does not provide any specific 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. Tabler, 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 comprehensive 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 adopts and approves the Rainier Christian School Rezone from M1 Light Industrial to I Institutional and directs that the rezone application and all related documents 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. INTRODUCED: PASSED: APPROVED: Peter B. Lewis MAYOR Ordinance No. 6227 March 30, 2009 Page 6 ATTEST: Danielle E. Daskam, City Clerk APP~VEq-AS10 FOR 13-aniel B. Heid, City Attorney Published: Ordinance No. 6227 March 30, 2009 Page 7 Exhibit 1 cinoF, Numberof Pages 5 U RN AGENDA BILL APPROVAL FORM WASHiNGTON Agenda Subject: REZ08-0004 - Rainier Christian School Rezone Date: February 12, 2009 Department: Planning, I Attachments: See Exhibit List Budget Impact: N/A Building, and Community Administrative Recommendation: Hearing Examiner recommend to the City Council approval of the rezone. Background Summary: OWNER/APPLICANT: REQUEST: Use LOCATION: EXISTING LAND USE: COMPREHENSIVE PLAN DESIGNATION: SEPA STATUS: Reviewed by Council & ❑ Arts Commission ❑ Airport ❑ Hearing Examiner ❑ Human Services ❑ Park Board ❑ Planning Comm. Action: Committee Approval Council Approval: Referced to Tabled Reviewed by DepartmE ID Building ❑ Cemetery ❑ Finance ~ Fire ❑ Legal ~ Public Works ❑ Information Services s & Divisions: ❑ M&O ❑ Mayor ❑ Parks ~ Planning ❑ Police ❑ Human Resources ❑Yes ❑No ❑Yes ❑No Call for Public Hearing Until / / Until / / ~ Councilmember: ~ Staff: Chamberlain ~ Meeting Date: February 18, 2009 Item Number: ~ Rainier Christian Schools Change in zoning of three parcels from M-1 Light Industrial to I Institutional The properties are located at 20 49th Street NE. Kentview Elementary School. Public/Quasi-Public A DNS was issued on August 15, 2008 for the Comprehensive Plan land use change that took into account the rezone change. COUNCIL COMMITTEES ❑ Finance ❑ Municipal Serv. ❑ Planning & CD ❑ Public Works ❑ Other AU$UFN* MtJRE THAN YOU 1MAG[NED Agenda Subject: REZ08-0004 Rainier Christian School Rezone Date: February 12, 2009 The Comprehensive Plan designation, zoning designation and land uses of the surrounding properties are: -77777 re~ens~v~ Project Site Public/Quasi-Public M-1, Light Industrial Kentview Elementary School North Light Industrial M-1, Light Industrial and Apartments, single I, Institutional family homes, and alette re air South Li ht Industrial M-1, Li ht Industrial Warehouse East Heavy Commercial, C-3, Heavy Commercial Single family homes Li ht Industrial and R-4 Kin Count and vacant West Light Industrial M-1, Light Industrial and Single family homes I, Institutional and industrial business Dark EXHIBIT LIST Exhibit 1 Staff Report Exhibit 2 Vicinity Map Exhibit 3 Application Exhibit 4 Site Plan Exhibit 5 Combined Notice of Application and Public Hearing Exhibit 6 Affidavit of Posting Exhibit 7 Affidavit of Mailing Exhibit 8 Confirmation of Publication of Legal Notice Exhibit 9 Aerial Photograph Exhibit 10 Ordinance No. 6212 Exhibit 11 OAHP comment letter from 4 years ago Exhibit 12 Comment letter received from John A. Corrado FINDINGS OF FACT: 1. Rainier Christian Schools has applied for a rezone of three pieces of property which are accessed off of 49th Street NE. 2. A Comprehensive Plan Land Use Map amendment was applied for at the same as the rezone on June 19, 2008. The applicant requested a land use change from Light Industrial to Public/Quasi- Public. The City Council approved the amendment on December 1, 2008 by Ordinance No. 6212. 3. The rezone site at 49th Street NE is approximately 7.2 acres in size and contains an existing school. 4. The applicant has filed an environmental checklist that addressed the comprehensive plan amendment and rezone. A description of future development of the properties was not included. Page 2 of 5 Agenda Subject: REZ08-0004 Rainier Christian School Rezone Date: February 12, 2009 5. The I(Institutional Use) zone district allows academic schools, including public, parochial, and private, which offer instruction in several branches of learning (see ACC 18.44.020). The intent of the I zone is, intended to provide an area wherein educational, governmental, theological, recreational, cultural and other public and quasi-public uses may be allowed to develop. It is further intended these areas be significant in scope which will allow a combination of uses which may not be permitted outright within other zones. This district is not intended to include those smaller or singular public uses which are consistent with and permitted in other zones." 6. The Institutional Use zone requires a minimum area of one acre that must be developed per ACC 18.44.040. The subject site meets this requirement. 7. The Institutional Use zone development standards including setbacks and lot requirements are contained in ACC 18.44.050. 8. On August 15, 2008, the SEPA Responsible Official issued a Determination of Non-Significance (DNS) for the comprehensive plan land use amendment that also took into account the rezone. There were no comments received and no appeals filed. 9. The public hearing notice was published in the Seattle Times February 2, 2009, provided to the property owners within 300 feet of the subject site, and posted on the subject property. 10. The City Council recently changed their role in quasi judicial approvals giving that authority to Hearing Examiner to make decisions. Since rezones are approved by Ordinance the City Council is still the decision maker on rezones with the Hearing Examiner making a recommendation on the proposaL 11. 49th Street NE is a non-residential collector and this road classification supports the rezone request. However the current roadway is not constructed to the non-residential collector standard. Future expansion of schoot will most likely require the need for additional roadway improvements and dedication of right of way along the site frontage or off site. 12. The City received one comment letter from the adjacent property owner to the north (Exhibit 12). CONCLUSIONS: ACC Chapter 18.68 provides certain criteria for approval of a rezone: 1. The rezone must be consistent with the Comprehensive Plan. The applicant applied for both a rezone and comprehensive plan amendment on June 19, 2008. The comprehensive plan amendment was processed as part of the annual amendments. The land use map amendment request was from Light Industrial to Public/Quasi-Public. On December 1, 2008 the City Council approved the comprehensive plan amendments through Ordinance No. 6212 (Exhibit 10). 2. The rezone must be initiated by someone other than the City in order for the Hearing Examiner to consider the request. The rezone has been initiated by the property owner, Christian Enterprises who operate Rainier Christian Schools. Page 3 of 5 Agenda Subject: REZ08-0004 Rainier Christian School Rezone Date: February 12, 2009 3. Any changes or modifications to a rezone request made by either the Hearing Examiner or City Council will not result in a more intense zone than the one requested. The requested rezone change is from M-1, Light Industrial, to I, Institutional Use and will not result in a more intense zone that what is requested. In addition, the Washington State Supreme Court has identified other general rules for rezone applications (see Parkridge v. Seattle, 89 Wn.2d.454; 573 P.2d 359 (1978)): 1. Conditions in the area must have changed since the original zoning was established. The subject property was originally zoned R-1, Single Family Residential, when annexed into the City of Auburn in 1995 under City Ordinance No. 4780. In 2000 the property was rezoned Institutional (I) at the request of the owner at the time?. During the City's year 2003 annual amendment cycle to the Comprehensive Plan, when the school was known as the Thomas Academy, a map amendment request to change the land use designation from "Public/Quasi-Public" to "Light Industrial" was ultimately approved by the City Council. In 2004, a rezone application was approved by the City Council changing the zoning of the property from Institutional (I) to Light Industrial (M-1). The previous owners of the property applied for the rezone in an attempt to increase the marketability of the property. When the property was purchased by another school the need for the Light Industrial zoning was eliminated. Kentview Elementary School (also known as Rainier Christian School) purchased the property from Thomas Academy and continues to operate as a private school. With the current zoning of Light Industrial (M-1), the school is a legal non-conforming use. Kentview Elementary School's future plans include removing existing portable outbuildings and replacing them with a permanent structure, as well as upgrading facilities with a larger multi-purpose building. As a legal nonconforming use, the Auburn City Code limits the expansion to only 25%. Conditions in the area have changed since the property was zoned Light Industrial in that the purchaser of the property was another school and that school has plans to expand. With the current zoning that limits the possibility of expansion. When the property was rezoned to M-1, Light Industrial in 2004, the City received a comment letter from the Washington State Office of Archaeology and Historic Preservation (Exhibit 11). One of the school buildings located on site was built in 1928. OAHP's recommendation was to conduct an archeological survey and file a"Historic Property Inventory" form to document the building's architectural and historic value as a component of future applications that would result in ground disturbance or building demolition. The City concurred with that recommendation and imposed a condition on the 2004 rezone. Staff recommends that the condition imposed on the 2004 rezone be carried through if the property is rezoned back to Institutional. (In presentation may want to clarify that building may be torn down since school is going to redo site so would make sense to do survey even though it won't be industrial, building still may be lost.) 2. The proposed rezone must bear a substantial relationship to the general welfare of the community. Since at least 1928, the subject site has served as both a public and private school. The driving force of this rezone request is the need for expansion of the existing facilities to continue serving the community and provide the same level of service. To keep the property zoned Light Industrial limits the expansion to only 25% as a non-conforming use which could lessen the level of service the school could provide. Page 4 of 5 Agenda Subject: REZ08-0004 Rainier Christian School Rezone Date: February 12, 2009 RECOMMENDATION Based upon the application and Findings of Fact and Conclusions of the staff report, staff recommends that the Hearing Examiner recommend to the City Council approval of the rezone with the following condition of approval: 1. The applicant shall prepare and file a"Historic Property Inventory" form to document the building's architectural and historic value in conjunction with future applications that would result in ground disturbance or building demolition. Sfaff reserves the right to supplement the record of the case to respond to matters and information raised subsequent to the writing of this reporf Page 5 of 5 umt 2- p ~~mber of Pqu n VICINITY MAP 18 - 49TH STREET S.E. AUBURN, WASHINGTON ECEiVED P R ERNlIT CENTE JU1~ ~ 9 2008 7't~E-,__ NOT TO SCALE ~t.~u►~~ ~ . ADBURN ~I-~Y~~ wAs H iIqcToh planni»~;, Building, and Camnzunity Departmerit MASTER LAND USEAPPLICATION-PLANNINGAPPLICATIONS Project Name Rainier Christian School Rezone Parcel No(s) 936000-0135, -0140, -0146 Date June 19, 2008 Site A.ddress 20 49th St.NE Legal Description (attached separate sheet if necessary) See Separate Sheet Applicant Name: Rainier Christian Schools Mailing Address: 16707 174th Ave SE/PO Box 58249, Renton WA 98058 Telephone and Fax: (425) 255-7273 ~~~~I V Email: ra' ier c, sd. org ~ . RMIT CE Si nature: ~ ~ - v Owner (if more than one attach another sheef) ~ Name: Christian Enterprises Mailing Address: Same as above BY ~ Telephone and Fax: Same as above ' TIME Email: bb ant@ra ie sd. or Si nature: r Engineer/A rchitecture/Other Name: ESM Consulting Engineers Mailing Address: 33915 lst Way South, Suite 200, Federal Way WA 98003 Telephone and Fax: (253) 838-6113 Email: eric.labrie@esmcivil.com Description of Proposed Action: Comprehensive Plan map amendment and rezone of t hree parcels from M-1 Light Industri al to Institutional. T e of A tication Re uired Check all that A 1 Administrative Appeal* Reaone (site specific)* Area Wide Administrative Use Permit* Short Plat Annexation* Special Exception* Boundary Line Adjustment Special Home Occupation Permit* X Comprehensive Plan Amendment (Text or Map)* Substantial Shoreline Development* Conditional Use Permit* Surface Mining Permit* Critical Areas Variance* Temporary Use Permit Development Agreement* Environmental Review (SEPA)* Variance* *Please note that public notification is Final Plat required. A separate cost is charged Preliminary Plat* for the signs. City prepares signs but PUD Site Plan Approval applicant responsible for sign posting. Reasonable Use Exce tion* oD 4TER 08 ~ Page 1 of 2 AUBURN* MORL"- THAN YtJU lMAGINED Legal Description of Properry Parcel #936000-0135: Let- Por 24 & 25 White River Valley Home Tracts. School lot & W 274.55 ft of E 385.6 ft of tract 25 less a tract of land LY in NE corner of property. Address 20 49th St NE, Auburn, WA. Parcel #936000-0140: Lot 24 & 25 White River Valley Home Tracts E 122 ft M/L of 24 and all of 25 less W 257.55 ft of SD lot 25. Property address 18 49t' St NE. Parcel #936000-0146: Lot 24 White River Valley Home Tracts E 200 ft of W 562.5 ft. a i-* i(V June 19, 2008 Mr. Jeff Dixon Aubum City Hall 25 W Main Street Auburn WA 98001 RE: Rainier Christian School, 20 4e St NE Comprehensive Plan Map Amendment Dear Mr. Dixon, Job # 1143-001-008-0001 ~ ~~~~EFI 1,9 2Qo$ With this letter and accompanying information, ESM is submitting on behaif of our client Rainier Christian Schools, for a Comprehensive Plan map amendment and rezone. The location of the proposed change is 20 49th Street NE and it encompasses three tax parcels, identified as King County Parcel numbers 936000-0146, 936000-0135, and 936000-0140 totaling approximately 72 acres. Since at least 1928, this site has served as both a public and private school. Recently, Rainier Christian Schools purchased Thomas Academy to continue its use as a private school. The current zoning, M1 Light Industrial, does not allow this use and as such, the school is a legal nonconforming use in this zone. In recent months, Rainier Christian School has identified a need to expand their facilities. They hope to remove the current portable outbuildings on site and replace them with a permanent structure, as well as upgrading facilities offered, with a larger multi-purpose building. However, they are not permitted to do so beyond a threshold of 25% as a nonconforming use in the M1 zone. For this reason, our client is requesting that their properry be rezoned to Institutional, in keeping with two adjacent properties and their zoning prior to 2004. This rezone would bring the school into conformance with Aubum Municipal Code and would allow for the future expansion of their faciliiy. IYs believed that the proposed change is in keeping with the intentions of the Comprehensive Plan as the site had been zoned Institutional prior to 2004. Based on documents provided by the City, we understand that in 2004 the previous owners of the property applied for a rezone from Institutional to Light Industrial in an attempt to increase the marketability of the property. When our client purchased the property in 2005, they did so with the intention of retaining the present use that had served the community even before the incorporation of the City. They had no intention of pursuing an industrial use at the site, rather, they intended for the site to senre its previous purpose. If approved, this rezone would allow Rainier Christian School t o continue operations at the site as a conforming use and would facilitate upgrades and expansion that would allow them to better serve the community in the future. 33915 lst Way South Tel (253) 838 6113 Bothell (425) 415 6144 Suile 200 Fax (253) 838 7104 www.esmcivil.com Federal Way. WA 98003 Tolt Free (800) 345 5694 Mr. Jeff Dixon June 19, 2008 Page 2 As mentioned above, institutional zoning currently exists directly abutting the subject properry. Rainier Christian School has an agreement with the property owner to the west and is currently using roughly one third of the institutionally zoned property as a playground. The request is not for speculative up-zoning, or for the provision of more intensive uses, rather, iYs a request for our client to be allowed to continue using their property in a similar manner and upgrade their existing facilities. Justification This rezone proposal is believed to be in keeping with the intentions of the Comprehensive Plan by meeting the following goals: GP-> The Ciiy shou/d strive to assure thaf basic communiiy values and aspirations are reflected in all Ciiy plans and programs, while recognizing the rights of individuals to use and develop private property in a manner that is consistent with City codes and regulations. The rezoning of this Rainier Christian School property to Institutional will promote this goal by allowing Rainier Christian School to expand and utilize their property to the extent possible in a manner in keeping with City codes which are appropriate for this historic use. Additionally, the school's continued presence in the area will serve as a direct reflection of community values and aspirations. GP-15 /n inferpreting plan provisions or in considering a plan amendment plan designations in the Region Senring Area shou/d be treated in a more f/exible manner than in the Community Serving Area (see Map 3.2). The subject site is located within the Region Serving Area as identified by map 3.2 in the Comprehensive Plan map section. Use within this urban form is intended to be more flexible than in other parts of the Ciiy. Allowing a rezone of the site would be in keeping with this goal. GP-22 Flexibilify to allow the maintenance, expansion, or redevelopment of historic structures or features should a/so be considered. The goal of this flexibiliiy should be to retain the historic character of the structure, feature, or property while at the same time ensuring protection of the public health and safety. The school building located on the site was constructed in 1928 and originally served as a public school facility. In findings of fact associated with a previous rezone application at this site, the City imposed the importance of this historic nature. Staff agreed with the Washington State Office of Archeology and Historic Preservation in its recommendation that the building be added to the Historic Property Inventory and documented for its unique architectural and historic value. The nature and use of this site is not in keeping with the intentions of the current Comprehensive Plan designation of Light Industrial The approval of a rezone at this site would insure the continued use, preservation and improvement of this facility for its intended and historic purpose. GP-29Auburn's character as aYamily" community will be a priorify consideration in the City's land use management decisions. Mr. Jeff Dixon June 19, 2008 Page 3 Rainier Christian Schooi's focus on family values and community make it an exceptional example of Aubum's character. The continued use and improvement of this facility under the Institutional designation would be a strong benefit to the surrounding area. Allowing for future expansion and enhancement at this site will insure a continued benefit to the community. With this letter, we are submitting the following information, as outlined in the Comprehensive Plan Amendment submittal checklist: • Master Land Use Application (10 copies) • Written Justificadon (Original + 9 copies) • Vcinity Map (10 copies) • Site Plan (10 copies) • SEPA Checklist • Submittal Fees ($2,983.00) We understand that the enclosed information is sufficient to determine this amendment submittal to be complete for processing. The following parties are associated with this application: OwnerlApplicant: Rainier Christian Schools 16707174th Ave SE PO Box 58249 Renton WA, 98058 (425) 255-7273 Contact: Glenn Olson Engineer/Consultant: ESM Consulting Engineers, LLC. 33915 1 St Way South. Ste 200 Federal Way, WA 98003 (253) 838-6113 Contact: Eric LaBrie If you need further information, or wish to discuss this application in more detail, please contact me immediately; otherwise we look forward to working with the City of Aubum throughout this process. Yours truly, ESM CONSULTING ENGINEERS, LLC. ~ ERIC G. LaBRIE, AI.C.P. Vice President/Director of Planning Ilesm8lengrlesm-jobs11 143001 10081documentl1tr-001.doc _ _w_~~• ~ 'B' STREET N.W. I ~ 1 1 I I ~ 1 I I ~ , I I 1 1 II I i i i 93 i i i i`~ I- r{ °a. ► 1 4 i ~ a. . ~4.~ i~ ~ • ; - ; ❑ ~ z - ~ y • g t~..J t ~ . ~ ~ a, ~ •4 ; , ~ N ~ i - o a - ~ ~ . NOQ47' 650.b' _ ( . A1Nf10 °JNIN - z ~ I ~ o °r~ \ ~ ~ m ~ ~'o I o c i ~ Z ~o D D ~ m o 85TH AVENUE S_ ' TIh6 ENOIEER ~ ~4~ ~ ~ ~ g ~ RAINIER CHRISTIAN SCHOOLS I 0 I ,0I-w I FWVtl Wq. WAMf10~ www.umcivil.com Oj1 i THOMAS CAMPUS Q z~ h, , 3 ~ fmtt ~ ' . y~t; A N ~ O O ~ O ~ C O ~ o ~ ~ ~ ? C A ►.''r ~p ~ ~ i-: 0 I m (0 O C Z Q ~ r-r n [fl N r ~ m ~ ~ i z ~ ~ ~ CD 0 ~n CD I~ ~ STATg n G- Oy 1889 T~ STATE OF WASHINGTON Office of Archaeology and Historic Preservation 1063 S. Caplto! Way, Suite 106 - Olympia, Washir►gton 98501 (Mailing Address) PO Box 48343 - Olympia, Washington 98504-8343 (360) 586-3065 Fax Number (360) 586-3067 February 17, 2004 Mr. Paul Krauss Director City of Auburn 25 West Main Street Auburn, WA 98001 In future correspondence please refer to: Log: 021704-08-KI Re: Thomas Academy Rezone 20 49th St. NE Dear Mr. Krauss: We have reviewed the materials forwarded to our office for the rezone proposed project referenced above. Though there do not appear to be any ground disturbing actions proposed at this time, we have recommendations for any future ground disturbing projects that_may occur, and would like to have the opportunity to comment on any future land use applications. Should additional information become available, our assessment may be revised. The area has the potential for archaeological resources; there are many Native American ethnographic place names associated with the vicinity and an archaeological site is located within three quarter miles of the project azea. We recommend a professional azchaeological survey be required of those areas proposed for any excavation prior to ground disturbing actions. We also recommend consultation with the concerned tribes cultural committees and staff regarding cultural resource issues. The SEPA checklist references a historic Japanese American community associated with the 1928 building. The context of this information is incomplete and somewhat unclear. We recommend the 1928 school structure be documented and photographed prior to destruction. A Historic Property Inventory form should be filled out and returned to this office. A blank copy of the form can be found at our website www.oahp.wa.gov. Documenting the property this way would be an appropriate mitigation measure to record the architectural and historical value of the Mr. Paul Krauss Director City of Auburn 25 West Main Street Auburn, WA 98001 Page 2 building. The cherry tree commemorates nostalgic value but does not mitigate the adverse effect of the -loss of the historic school building, nor does it record the significant historical activities associated with the structure. These comments are based on the information available at the time of this review and on behalf of the State Historic Preservation Officer. Thank you for the opporlunity to comment on this project and we look forwazd to receiving the future survey report. Sincerely, , 'Step enie Kramer Assistant -StateArchaeologist (360) 586-3083 StephenieK@cted.wa.gov cc: Donna Hogerhuis Aibg~; _ ~ ~ ~ . ~ E i`,'~:~fi PE irH?; CENTER 20Q9 FEB 12 PM 2 41 February 13,2009 Elizabeth Chamberlain Principal Planner Planning, Building and Community Development 25 West Main St Auburn Wa. 98001 Via E-Mail to echamberlainacauburn.gov Dear Ms Chamberlain, I am writing this letter in opposition to the re-zone of 20 49th ST NE in Auburn from M- 1 Light Industrial to I Institutional. The application number is REZ09-0001 KENTVIEW Elementary School. I own the 3.29 Acres directly across the street for the above site at 15 49t'' ST NE. It is a rental house at present. I currently have before the City of Auburn an application for building a truck-trailer equipment rental yard. That application was filed in August 2008. The entrance/ exit would be directly across the street from the Kentview Elementary School. At 8 AM and again at 3PM there must be 40-50 automobiles crowding this very narrow street trying to get the grade school kids to and from their classes. The road is blocked by cars waiting to get into and out of this site and frequently small children dart between and amongst the parked cars. Most often I have cars parked on my front yard and in my driveway. My concern is that when my building permit is issued and construction is complete there will be additional heavy truck traffic on this road. Institutional zoning can only add more foot traffic to this already dangerous street. In 2005 the Former Thomas Academy asked for and received the Change of zoning from I Institutional to M-1 because they wanted io sell the school. I was told by the school headmaster that a school in that location was no longer economically viable because grade school age kids no longer lived nearby. The school was losing money and the re- zone to Industrial would allow the school to get a higher price. The school did not sell as an industrial but again as a private school. I did not object then but I do not understand why the re-zone back to Institutional would be rational. The school pays no real estate taxes, no B& O tax, has an exempt tax status due to its religious status and is grandfathered-in as far as operating status. So what good is a rezone? Also the City Comprehensive Plan calls for that area to be M-1. The City's Comprehensive Transportation Plan calls 49`h NE/NW to be a non-residential collector street. In fact the City's own definition of a non-residential collector is "They offer a lower level of mobility and accommodate heavy vehicle traffic"(pg 2-3 Comprehensive Transportation Plan).Why would the City want to add more grade school foot traffic to and already acknowledged heavy traffic area that currently has no traffic guards? Also from the City of Auburn's Comprehensive Transportation Plan in table 2-2 item 28, the City states that 49 th St NW is already at a LOS (Level of Service) of D. Table 2-4 , item 29, points out that the LOS in the future for 49t" St NE is projected to be F in all future alternatives. The City standards are LOS- D and King County's LOS standards are Level- E. I think it is unwise to violate your own Level of Service Standards to accommodate one property owner who has failed to show any reason for a downzone when all of the adjacent parcels are in accordance with the comprehensive plan and this would create a spot zone entirely out of character with the industrial base of the northend of the City. Please deny the request for a re-zone in the matter of REZ09-0001/ Kentview Elementary School. f ~ JOHN CORRADO 15727 NE 144th PL WOODINVILLE. WA.98072 R E: C E! ?ERMf f CENi L-. ez ?009 fqBfi IO PM 2 36 zxtm 1 9-9 1 Nnmber dft1i. 3/7/09 Elizabeth Chamberlin City Of Auburn 25 W. Main St Auburn, Wa. 98001 Re: REZ08-0004 Rainier Christian School Dear Elizebeth, I hereby object to the rezone of the above zoning application on the grounds that city has failed to consider the future impact that more students will have on the existing traffic patterns. I do believe that increasing the total student body will increase the traffic during more school hours. More student equal more traffic A complete traffic study is necessary and I request a reconsideration eC0R0IfNRA`DDO 15727 NE 144ih PL Woodinville, Wa, 98072 P, ~ ~ ~ ~ ~~.N~iz i 2009 RBR 1 ~ PM 2 36 3/7/09 Elizabeth Chamberlin City Of Auburn 25 W. Main St Auburn, Wa. 98001 Re: REZ08-0004 Rainier Christian School Number aiPW Dear Elizebeth, I hereby object to the rezone of the above zoning application on the grounds that city has failed to consider the future impact that more students will have on the existing traffic patterns. I do believe that increasing the total student body will increase the traffic during more school hours. More student equal more traffic A complete traffic study is necessary and I request a reconsideration OHN CORRADO 15727 NE 144`h PL Woodinville, Wa, 98072 CITY GF Ai(jBURN Peter B. Lewis, Mayc WAS H I NGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-30( March 26, 2009 Mr. John Corrado 1527 NE 144th Place Woodinville, WA 98072 Re: Application No. REZ08-0004 Dear Mr. Corrado: ~ ~umber of fto Attached is the Hearing Examiner's decision regarding your request for reconsideration on the above referenced application. The decision of the Examiner on the rezone request is in the form of a recornmendation to the Auburn City Council. The decision will be transmitted to the City Clerk's office for scheduling on the next available Council date which is anticipated to be April 6, 2009. If you have any questions regarding the attached, please give me a call at (253) 931- 3092. Sincerely, ~ Elizabeth Chamberlain, AICP Principal Planner R+anning, Building & Community Development EC/r CORR09-077 Enclosure cc: Eric LaBrie, ESM Consulting Engineers (w/enclosure) Glenn Olson, Rainier Christian Schools (w/enclosure) DECLARATION OF MAILING CITY OF AUBURN COUNTY OF KING On the 27th day of March 2009, I deposited into the United States of America mail, postage prepaid, copies of the foregoing addressed to the applicant and parties of record. I declare under penalty of perjury of the laws of the State of Washington that the foregoing is true and correct. Signed at Auburn this 27th day of March, 2009. Renee . Tobias Planning, Building & Community Development )EN R ~ : E i .s , d,~l, f ~:rL• F'E RM', ! i ~E' N TE 2OL19 Mflfl 20 I1 1 2 1o RLitA tvi. N. Kay Richards 206447.2231 krichards@omwlaw.com March 19, 2009 Carolyn Brown Assistant Planning Secretary Planning, Building & Community City of Auburn 25 West Main Street Auburn, WA 98001-4998 Re: Order on Reconsideration for Rainier Christian School Rezone, REZ08-0004 Dear Ms. Brown: At the request of Phil Olbrechts, enclosed are two executed originals for the above-referenced document, Sincerely, OGDEN MURPHY WALLACE, P.L.L.C. % !i . ~~-C,~ Rc-~ ; 0 N. Kay Richards, Legal Assistant to Phil A. Olbrechts /nkr Enclosures Established 1902 A Member of the International Lawyers Network with independent member law firms worldwide 1601 Fifth Avenue, Suite 2100 • SeaBle, WA 98101-1686 • 206.4477000 • Fax: 206.4470215 • Web: www.omwlaw.com {PA0706947.DOC;1/00083.900000/} 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN Phil Olbrechts, Hearing Examiner RE: Rainier Christian School Rezone REZ08-0004 Order on Reconsideration The City of Auburn received a timely Request for Reconsideration from John Corrado for the above-captioned case by letter dated March 7, 2009. The request asserts that the Hearing Examiner's recommendation failed to adequately consider traffic impacts and that a traffic study should have been required. City staff have determined that a traffic study is not necessary to assess whether traffic facilities are adequate to accommodate to the requested rezone. In point of fact, the road serving the rezone site, 49th St. N.E., is operating at less than half its capacity. 49th St. N.E. currently operates at 1,150 trips per day with a capacity for 2,400 trips per day. The staff report does note that some frontage improvements may be necessary to bring 49th St. N.E. to non-residential collector standards. However, the necessity for frontage improvements is certainly not out of the ordinary and does not serve as a basis for concluding that the requested rezone does not bear a substantial relationship to public health, safety, and welfare. Mr. Corrado has not presented any evidence to refute the staff's deternunation that a traffic study is unnecessary. All of the available evidence, by a wide margin, suggests that the road system serving the site has the capacity to handle the traffic generated by the uses allowed for the requested rezone. Decision The Request for Reconsideration is denied. The final recommendation in this matter remains unmodified. Dated this ~ day of 2009. ~ Phil Olbrechts City of Auburn Hearing Examiner { PA0723024.DOC;1/00083.900000/} Reconsideration Order p. 1