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Home My WebLink About6454 � ; ; � �� II'YIlWY ��n'��Cll� ��1� '' n ._- ' . _ .. - . _ _ _ II„lu II,II�iII�W u4l�i II'II 'I IIII'III �iII II WIIY�I�Illu IWIWO � �IIWII4�I�Ilu �I 20140221000714 Return Address: eli?iezeia°FSa08a KINC COUNTY, yp Aubum City Clerk City of Aubum 25 West Main St. Aubum, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Rezone (Ordinance No. 6454) Reference Number(s) of Documents assigned or released: DAdditional reference#'s on page of document Grantor(s)Borrowe�(s) (Last name first, then first name and initials) Auburn, City of Grantee/Assignee/Beneficiary: (Last name first) '��+'r�rE�:�:coanar;,oh 1. Aubum School District ��II'�":,�'`';.;�'"y'DI''"n,''m�uh �" -^-U � U:s'!P'_RS`T?.2dERICAN ' 'rt9`"LE?:,•�...,.,',R'.-.,_.. , . Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Parcels southeast and northwest of 800 4�h Street NE 0 Additional legal is on page of dowment. Assessor's Property Tax Parcel/Account Number 6858700005, 6858700015, 4184400145, 4184400150, 4184400155, 4184400160, 4184400170, 4184400180, 4184400185, 4184400195, 4184400200, 4184400205, 4184400215, 4184400220 ❑Assessor Tax#not yet assigned ORDINANCE NO. 6 4 5 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE REQUEST OF THE AUBURN SCHOOL DISTRICT FOR REZONING OF TWO PARCELS TOTALING APPROXIMATELY 0 63 ACRES LOCATED SE OF THE AUBURN HIGH SCHOOL FROM RO, RESIDENTIAL OFFICE TO I, INSTITUTIONAL AND TO CHANGE TWELVE PARCELS TOTALING APPROXIMATELY 1 74 ACRES LOCATED NW OF THE HIGH SCHOOL FROM R 20, RESIDENTIAL TO I, INSTITUTIONAL TO IMPLEMENT THE COMPREHENSIVE PLAN AND AMENDING THE CITY'S ZONING MAPS WHEREAS, the City Council of the City of 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 i the City; and WHEREAS, on April 17, 1995, the City 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, Jeffrey L Grose, Executive Director of Capital Projects for the Auburn School District No 408, the Applicant, submitted a rezone application on behalf of the Auburn School District (File #REZ12-0004) for the Auburn School District High School rezone on June 8 , 2012, for fourteen parcels identified by the following King County, Washington, tax parcel numbers -------------------------- Ordinance No 6454 February 6, 2013 Page 1 The southeast (SE) corner parcels 6858700005 - 803 E MAIN ST 6858700015 - 815 E MAIN ST The Northwest (NW) corner parcels 4184400145 - 502 3RD ST NE 4184400150 - Not available (vacant) 4184400155 - Not available (vacant) 4184400160 - 512 3RD ST NE 4184400170 - Not available (vacant) 4184400180 - Not available (vacant) 4184400185 - Not available (vacant) 4184400195 - 523 2ND ST NE 4184400200 - Not available (vacant) 4184400205 - 513 2ND ST NE 4184400215 - 505 2ND ST NE 4184400220 - 206 E ST NE WHEREAS, the environmental impacts of proposed rezone were considered in accordance with 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 January 23, 2013 conducted a public hearing on the proposed Auburn School District High School Rezone, and -------------------------- Ordinance No 6454 February 6, 2013 Page 2 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 Auburn School District High School Rezone, and WHEREAS, on, February 19, 2013, the Auburn City Council considered the proposed Auburn School District High School Rezone, as recommended by the City of Auburn Hearing Examiner; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS Section 1. The City Council ("Council") adopts and approves the Auburn School District High School Rezone, to change two parcels totaling approximately 0 63 acres located SE of the Auburn High School from "RO, Residential Office", to "I, Institutional", and to change twelve parcels totaling approximately 1 74 acres located NW of the high school from "R20, Residential 20 dwelling units/acre" 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 Section 2. The Zoning Map amendment is herewith designated as a basis for the exercise of substantive authority under the Washington State Environmental Policy Act (SEPA) by the City's responsible environmental official in accordance with RCW 43 21 C 060 -------------------------- Ordinance No 6454 February 6, 2013 Page 3 Section 3. The Council adopts the Findings of Fact and Conclusions of Law, in the Hearing Examiner's recommendation outlined below- FINDINGS OF FACT Procedural: 1 Applicant. The Applicant is Auburn School District No 408 2 Hearing The Hearing Examiner conducted a hearing on the application on January 23, 2013 at 5 30 p m at the City Council chambers at Auburn City Hall Substantive: 3 Site/Proposal Description The Applicant has requested the rezoning of 2 37 acres of parcels adjoining the Auburn High School Campus from RO, Residential Office and R20, Residential 20 dwelling units/acre, to I, Institutional More specifically, the zoning map amendment (rezone) application seeks to change the zoning classification of fourteen parcels, two parcels totaling approximately 0 63 acres located SE of the Auburn High School from RO to I and to change 12 parcels totaling approximately 1 74 acres located NW of the high school from R 20 to I The sites are SE and NW of the high school located at 800 4th ST NE, Auburn The 2 parcels totaling 0 63 acres located SE of the Auburn High School contain an existing professional office and a medical office At the time of the rezone application submittal, the District had acquired the property or was in the process of acquiring the property and had secured the property owner's permission to file this application The 12 parcels totaling approximately 1 74 acres located NW of the school, are either vacant or contain a single family or multiple family residence At the time of the rezone application submittal, the District had acquired the property or was in the process of acquiring the property and had secured the property owner's permission to file applications with the City The Comprehensive Plan Amendment and related rezoning have been requested for the purpose of changing the land use designation of the property for the purpose of facilitating the 'Auburn High School Modernization and Reconstruction Project' 4 Characteristics of the Area As shown in the aerial photograph, Ex. 5, the northwest parcels are surrounded by school uses on three sides and residential and professional office uses to the west. The southeast parcels are surrounded by school -------------------------- Ordinance No 6454 February 6, 2013 Page 4 uses on two sides with professional office and commercial uses to the east and professional offices and single-family uses to the south 5 Adverse Impacts. There are no significant adverse impacts associated with the proposal The proposed rezone areas serve as logical extensions of the Auburn High School campus and are already largely surrounded by either the High School or the adjoining elementary school Proximate residential uses are already integrated into the surrounding school uses as well as a mix of professional office and commercial uses As testified by Jeffrey L. Grose, School District Executive Director of Capital Projects, the extra land is needed to modernize school facilities and is not anticipated to result in an increase in school population Consequently, no significant increases in noise or traffic are anticipated Further, no one came to testify against the project, suggesting a community acceptance of the proposed expansion 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 requests are consistent with the comprehensive plan The planning director has determined that the rezone request is consistent with the comprehensive plan Substantive: 2 Comprehensive Plan Land Use Map Designation The comprehensive plan land use map designation for the proposed rezone areas is Public and Quasi- Public 3 Case Law Review Criteria and Application The Auburn 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 Taber, 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 /d at 112 The proposed rezone from RO and R20 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 inconsistent with the R20 and RO zoning map designations In -------------------------- Ordinance No 6454 February 6, 2013 Page 5 point of fact, the rezone is mandated by RCW 36 70A.120 and ACC 14 22 050, which requires the City's zoning regulations to be consistent with its comprehensive plan Although there are three zoning map designations consistent with the Public and Quasi-Public comprehensive plan map designation, the I designation is the most appropriate rezone for the area in question The I district allows for the expansion of the Auburn High School campus, which is the most compatible type of Public Quasi Public land use for this area The other two zoning classifications that implement the Public and Quasi Public designation are the P1 and LF zoning districts The rezone bears a substantial relationship to the public health, safety, morals and welfare because it will not result in any significant adverse impacts as determined in Finding of Fact No 5 while at the same time improving public education RECOMMENDATION The Hearing Examiner recommends approval of Auburn School District High School Rezone, REZ12-0004 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 5. 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 -------------------------- Ordinance No 6454 February 6, 2013 Page 6 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 - \C\ PASSED G a4� APPROVED Peter B Lewis MAYOR ATTEST `Danielle E Daskam, City Clerk APPROVED AS TO FORM 1 0�a Da iel B Hei , City Attorney Published -------------------------- Ordinance No 6454 February 6, 2013 Page 7