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HomeMy WebLinkAbout6701ORDINANCE NO. 6701 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE REZONE OF PARCEL NO. 1921059037 FROM R-7, RESIDENTIAL ZONE — SEVEN DWELLING UNITS PER ACRE TO P-1, PUBLIC USE DISTRICT WHEREAS, by Ordinance No. 6584, on December 14, 2015 the City of Auburn adopted a revised Comprehensive Plan Map that changed the designation of parcel no. 1921059037 ("subject parcel") from "Single Family" to "Institutional"; and WHEREAS, the Auburn School District requested the rezone of the subject parcel from R-7, Residential Zone — Seven Dwelling Units Per Acre to P-1, Public Use District; and WHEREAS, the P-1, Public Use District designation remains in effect on the City's official Zoning Map and in the City's Zoning Code (Title 18); and WHEREAS, a combined Notice of Application (NOA), Notice of Public Hearing (NOPH), and Determination of Non -Significance (DNS) was issued on September 6, 2018 a minimum of 10 days prior to the public hearing as required by ACC 18.68.040(B)(1)(a). The notices were also posted at the site, mailed to adjacent property owners within 300 ft. of the site, and published in The Seattle Times newspaper, consistent with the noticing requirements of ACC 14.07.040; and WHEREAS, the public comment period ended September 21, 2018 and the appeal period ended October 5, 2018 and no comments or appeals were received; and WHEREAS, on October 17, 2018 the Hearing Examiner conducted a public hearing, listened to staffs recommendation, accepted public comment from the Auburn ---------------------- Ordinance No. 6701 November 5, 2018 Page 1 School District in support of the rezone and closed the record upon staffs submittal of corrected materials ; and WHEREAS, following the public hearing, the Hearing Examiner issued a recommendation of approval for consideration by the City Council; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. The proposed change in zoning (File No. REZ 18-0005) from R7 Residential Zone to P-1 Public Use District for Parcel 1921059037 is approved, with no conditions, and the City Zoning Map is amended as set forth in Exhibit "A". Section 2. Findings of Fact. The Council adopts the City of Auburn Hearing Examiner's Findings of Fact, Conclusions of Law, and Recommendation for File No. REZ 18-0005, asset forth in Exhibit "B". Section 3. Filing and Recording. The rezone application and all related documents shall be filed along with this Ordinance with the Auburn City Clerk and the Clerk shall cause this Ordinance to be recorded in the office of the King County Recorder. Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 5. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or ---------------------- Ordinance No. 6701 November 5, 2018 Page 2 circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 6. Effective Date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. ATTEST: Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: Steven L. Gross, City Attorney Introduced: NOV 19 2018 Passed: NOV 19 Zulu Approved: NO111 ) ^-;:� CITY OF AUBURN N ACY T MAYOR PUBLISHED: ---------------------- Ordinance No. 6701 November 5, 2018 Page 3 EXISTING ZONING Exhibit A ORDINANCE NO. 6701 - "EXCERPT REZONE MAP" Parcel no. 1921059037 PROPOSED ZONING 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Exhibit B BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN Emily Terrell. Hearing Examiner RE: Auburn School District FINDINGS OF FACT, CONCLUSIONS Rezone I OF LAW AND RECOMMENDATION REZ18-0005 INTRODUCTION The Applicant has requested a rezone of a 73,358sf parcel from R7, Residential Zone to P-1, Public Use District. The parcel is located at 2407 M Street SE Street. The rezone is necessary to make the Zoning Map designation consistent with the underlying Institutional Comprehensive Plan Land Use Map designation for the parcel. Approval of the rezone is recommended to provide for consistency between the Comprehensive Plan Land Use Map and the Zoning Map. TESTIMONY Alexandria Teague, Planner I1, summarized the proposal. In response to the examiner, Ms. Teague noted the church located on the subject property is owned by the School District but is currently in use as a church. Ms. Teague also entered Ex 6, an excerpt of the Land Use Element of the Comprehensive Plan for the Institutional Land Use Designation. Jeff Gross, the Executive Director for Capitol Projects for the Auburn School District, stated the District has reviewed the staff report and concurs with the City's analysis. The motivation behind the rezone is allowing the District to increase the size of the site prior to commencing renovations of the existing school under a separate project. They will eventually be able to remove many of the existing portables on the school campus. Also, the expansion will allow more on-site parking which should reduce parking impacts in the neighborhood. Rezone P. 1 Findings, Conclusions and Decision 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1W4 161180Y. Exhibits 1-4 identified in the Exhibit List at page 8 of the October 4, 2018 staff report, were admitted into the record during the October 17, 2018 public hearing. Additional exhibits entered into the record during the hearing were as follows: Exhibit 5 Staff PowerPoint Exhibit 6 Excerpt of the Comprehensive Plan Land Use Element Exhibit 7 Corrected Staff Report (October 4, 2018) Exhibit 8 Corrected Staff PowerPoint FINDINGS OF FACT Procedural: 1. Applicant. The Applicant is Auburn School District No. 408, 915 Fourth Street NE, Auburn, WA 98002. 2. Hearing. A hearing on the application was held on October 17, 2018 at 5:30 p.m. at the City Council chambers at Auburn City Hall. Substantive: 3. Site/Proposal Description. The Applicant has requested a rezone of a 73,358sf parcel from R7, Residential Zone to P-1, Public Use District. The parcel is located at 2407 M Street SE. The project site is currently used as a church, though it is owned by the School District. As indicated by the Applicant at hearing, the church will eventually be removed. The District plans to expand the adjacent school campus on to the subject parcel which will allow them to create more on-site parking and remove several existing portables from the school campus. Schools are allowed in the P-1 zone. The Comprehensive Plan Land Use Designation for the parcel is Institutional. The P-1 zone is an implementing zone under the Institutional Comprehensive Plan Land Use Designation. The site is rectangular in shape, approximately 294 feet in width and 301 feet in depth. There are no critical areas or slopes on the subject property. Churches are not permitted in the P-1 district. The rezoning will reclassify the existing church as a legal, non- conforming use until such time as the District removes the church and converts the use to school. 4. Characteristics of the Area: The neighborhood is characterized by predominantly single-family homes to the south, east and west. The District's school is located directly north of the subject site. Rezone p. 2 Findings, Conclusions and Decision 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5. Adverse Impacts. There are no significant adverse impacts associated with the proposal. Compatibility with adjoining land uses is the only issue of concern at this stage of project review. Properties immediately adjacent to the subject on the south, east and west are zoned R7 residential and are developed as single-family homes. However, the existing school is directly north of the subject parcel. The school is zoned Public Use (P-1). Rezoning the subject will allow the existing school use to expand and reduce the impact on the neighborhood by providing on-site parking. The Comprehensive Plan Land Use Designation is Institutional. P-1 is an implementing zone for this designation. No compatibility problems are reasonably apparent from the administrative record. 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 area is Institutional. 3. Case Law Review Criteria and Application. Once it is concluded that a rezone is necessary for consistency with a Comprehensive Plan Land use map designation, approval of the rezone is essentially legally mandated except in extraordinary circumstances such as perhaps gross inconsistencies with other parts of the comprehensive plan. None of those circumstances are present here. 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. 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 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 Institutional and the current R7 Residential zoning is inconsistent with that designation. In point of fact, approval of a rezone to an implementing zone 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. The requested rezone is to the Public Use Rezone p. 3 Findings, Conclusions and Decision 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 District (P-1), the implementing zone for this Comprehensive Plan Land Use Designation. 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 providing a significant opportunity to reduce the impact of the existing school parking on the surrounding neighborhood. RECOMMENDATION The Hearing Examiner recommends approval of REZ18-0005 without conditions. Rezone DATED this 31 " day of October 2018. r' + Emily Te yell City of Auburn Hearing Examiner Pro Tem p. 4 Findings, Conclusions and Decision CORRECTED AGENDA BILL - Exhibit C CIT i OF Av BURN Nancy Backus, Mayor WASH I NGTON 25 West Mam Stre.' • iburn WA 98001 4998 * www.auburnwa.gov * 253-931 3000 REZONE Auburn School District — Rezone south of Pioneer Elementary REZ18-0005 GENERAL INFORMATION: Application Date: July 27, 2018 Applicant: Carrie Anderson Shockey Planning Group, Inc. 2716 Colby Avenue Everett, WA 98201 Property Owner: Jeff Grose Auburn School District No. 408 915 Fourth Street NE Auburn, WA 98002 Proposal: Rezone a 73,358 sq. ft. parcel from R-7, Residential Zone (Seven Dwelling Units per Acre) to P-1, Public Use District to allow for the future redevelopment of the site associated with the adjacent Pioneer Elementary School. Proposed Location: The project site is located at 2407 M St SE, at the intersection of M St SE and 25th St SE, within SE '/. of Section 19, Township 21, Range 5. Parcel Number: King County Assessor Parcel No. 1921059037. Subject Property and Adjacent Property Comprehensive Plan Designation, Zoning Classification and Current Land Use: Rezone- Auburn School District No. 408- Rezone south of Pioneer Elementary (REZ18-0005) Staff Report October 4, f 7 AUBURN* B r R� r Page tof7 VUV IV *MORE fIIAN YOU IMAGINED Comprehensive Plan Zoning Classification Current Land Use Designation Project Site Institutional R-7 Residential Religious Institution North Institutional P-1, Public Use School South Single Family R-7 Residential 25 St SE, Single Family Residences East Single Family R-7 Residential M St SE, Single Family Residences West Single Family R-7 Residential Access Tract, Single Family Residences Rezone- Auburn School District No. 408- Rezone south of Pioneer Elementary (REZ18-0005) Staff Report October 4, f 7 AUBURN* B r R� r Page tof7 VUV IV *MORE fIIAN YOU IMAGINED Excerpted Comprehensive Plan Map: Page 2of7 Excerpted Zoning Map: USE DISTRICT II. SEPA STATUS: KBUC USE DISTRICT A Determination of Non -Significance (DNS) was issued under City File No. SEP18-0005 on September 6, 2018, see Exhibit 4. The comment period ended September 21, 2018 and the appeal period will end October 5, 2018. No comments have been received. III. FINDINGS OF FACT: 1. Camie Anderson, of Shockey Planning Group, Inc., Applicant, on behalf of Jeff Grose, of the Auburn School District No. 408, submitted a Rezone application and associated SEPA Rezone - Auburn School District No. 408- Rezone south of Pioneer Elementary (REZ18-0005) Staff Report October 4, 2018 Page 3 of 7 application on July 27, 2018 to rezone a 73,358 sq. ft. lot from R-7 Residential, which allows between 5 and 7 dwelling units per acre, to P-1, Public Use District ("Rezone"). 2. The subject property Is located at 2407 M St SE, Auburn, WA and is located at the comer of M St SE and 25th St SE. The site is within the City of Auburn's corporate limits, and referenced by King County Assessor Parcel No. 1921059037 ("Subject Property"). 3. The subject property is rectangular in shape, approximately 294 ft. in width (east to west) and 300.6 ft. in length (north to south) with no slope or other environmental issues. 4. The subject property, located directly south of Pioneer Elementary school and east of Cedar Lanes (a City of Auburn owned park), is within neighborhood that is predominantly single- family residential. 5. As indicated by the Applicant in the narrative submitted with the application, the site is currently occupied by a religious institution (a church). Per King County Department of Assessment's website, the church was constructed in 1974. The church is to be demolished at a future date to allow for the redevelopment of the site as part of replacement of the adjacent Pioneer Elementary School. 6. The subject property was previously zoned R2, Single Family Residential District. Under Ordinance No. 6245 (adopted 2009) the property was rezoned, as part of an city-wide change to R-7, Residential, 7 dwelling units per acre. 7. Per Chapter 18.07 of the Auburn City Code ("ACC"), public schools (K-12) and related facilities are not a permitted use in the R-7, Residential zoning district. 8. Per Chapter 18.68 ACC, public schools (K-12) and related facilities are permitted outright. 9. Per Chapter 18.68 ACC religious Institutions (on lots less than and greater than one acre) are not permitted within the P-1 zoning district. The church, which will be removed at a later date, will become a "non -conforming use" subject to Chapter 18.54 ACC, 10. At the end of 2015, through passage of Ordinance No. 6584, the City of Auburn adopted a new Comprehensive Plan and a revised Comprehensive Plan Map. The re -designation of this parcel from "Single Family" to "Institutional" was included in the revision to the Comprehensive Plan Map. Adverse Impacts 11. There are no significant adverse impacts associated with the proposed change. The proposal was reviewed by the City's Building, Traffic, Utilities Division, and the Valley Regional Fire Authority and did not express any concerns regarding the rezoning of the subject property. No development or redevelopment of the site is proposed at this time. The existing development, the church, is currently served by Auburn sewer and water located in M St SE. Access to the existing development is currently provided by a driveway located on M St SE. As it is expected that the subject property will be integrated into the redevelopment of Pioneer Elementary School. A SEPA Checklist application and threshold determination must accompany the future permit application (civil or building) as the redevelopment of Pioneer Elementary School will exceed exempt levels for minor new construction provided in ACC 16.06.055 "Categorical Exemptions". Rezone - Auburn School District No. 408- Rezone south of Pioneer Elementary (REZ18-0005) Staff Report October 4, 2018 Page 4 of 7 At the time of redevelopment project -specific impacts and improvements, including but not limited to: traffic Impacts such as operations at intersections, access, and loading and queuing, zoning development standards such as tot coverage, setbacks, landscaping, and on-site lighting, building and fire requirements, utilities, and stormwater management, will be evaluated. 12. Per ACC 14.22.050, the City's zoning regulations ..."shall be consistent with and implement the intent of the comprehensive plan..." 13. Per ACC 18.02.030(A), the intent of Title 18 ACC, "Zoning", is to: ".-to implement the City's Comprehensive Plan. This title will be used to further the growth and development of the City consistent with the adopted Comprehensive Plan and its implementing elements. This title will also further the purpose of promoting the health, safety, morals, convenience, comfort, prosperity, and general welfare of the city's population and to prevent and abate public nuisances." 14. The Applicant has requested a rezone to the P-1, Public Use zoning district to match the same zoning classification as exists for the adjacent school. While no longer specified as an implementing zone in the City's Comprehensive Plan, the P-1, Public Use District remains in effect on the City's official Zoning Map and in the City's Zoning Ordinance (Title 18). Since it is no longer identified as an implementing zone, the city anticipates undertaking a city-wide rezone to change all P-1 zoned properties to I, Intuitional in the near future. The P-1, Public Use District remains an appropriate Implementing zone for the Institutional Land Use Designation, as Identified on Page LU -14 of the Land Use Element. 15. Per ACC 18.35.020, the Institutional zone is intended to: "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." 16. Per ACC 18.35.020, the intent of the P-1 Public Use Zone is "...to provide for the appropriate location and development of public uses that serve the cultural, educational, recreational, and public service needs of the community." While not explicitly called out in the current Comprehensive Plan, the P-1 Public Use Zone is most consistent, in intent and zoning development standards, with the "Institutional" Comprehensive Plan designation. 17. A combined Notice of Application (NOA), Notice of Public Hearing (NOPH), and Determination of Non -Significance (DNS) was issued on September 6, 2018 (Exhibit 6) a minimum of 10 days prior to the public hearing as required by ACC 18.68.040(B)(1)(a). The notices were also posted at the Site, mailed to adjacent property owners within 300 ft. of the Site, and published in The Seattle Times newspaper, consistent with the noticing requirements of ACC 14.07.040. Rezone -Auburn School District No. 408- Rezone south of Pioneer Elementary (REZ18.0005) Staff Report October 4, 2018 Page 5 of 7 18. While the combined NOA, NOPH, and DNS reference the request Is to be rezoned to Institutional, the acknowledges that at a future date the site will be rezoned to Institutional through a City -initiated area -wide rezone. As the main site of Pioneer Element School is currently zoned P-1, the current request to rezone the property to P-1 will help ensure predictability and consistency in zoning, architectural, and design standards and permitting at the time of redevelopment. 19. Per ACC 18.68.030(B), site-specific rezone requests by an applicant other than the City, that are consistent with the Comprehensive Plan, shall have a public hearing before the City Hearing Examiner who then makes a recommendation on the application to City Council. Staff finds that: a. The Applicant, Camie Anderson, on behalf of Jeff Grose, of the Auburn School District No. 408, initiated the requested rezone of a single property; b. The Rezone is consistent with the adopted Comprehensive Plan, as discussed in 'Conclusions' section below; c. Slte-specific rezones must be adopted by Ordinance by the City Council after a recommendation by the City Hearing Examiner. The City Council may affirm, modify, or disaffirm the Hearing Examiner's recommendation. IV. CONCLUSIONS: Chapter 18.68 ACC contains the intent and process for zoning code amendments, in this case a site-specific zoning map amendment has been requested and shall be processed as outlined in Item No. 15 under'Findings of Fact', above. Auburn City Code does not contain any specific rezone criteria for City Staff to review; however, Case Law offers some rezone criteria: Ahmann-Yamane, LLC v. Tabler, 105 Wn. App. 103,111 (2001): 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; provided, that a showing of a change of circumstances has occurred is not required if a rezone Implements the Comprehensive Plan. Past decisions by the City Hearing Examiner have also used this criteria. Staff therefore provides the following analysis on the Rezone (criteria being analyzed is underlined): 1. Criterion that the rezone is in response to changes in conditions since original adoption, or implements the Comprehensive Plan. The Rezone request implements the Comprehensive Plan, and therefore the proponent (the Applicant) does not need to show a change in conditions or circumstances. Staff provides the following analysis on how the Rezone request Implements the Comprehensive Plan: ■ On December 14, 2015 the City Council adopted Ordinance No. 6584, Adopting a new Comprehensive Plan Map and changing the Land Use designation of the subject property from "Single -Family" to "Institutional", reference 'Findings of Fact' No. 9, above for background. ■ The Rezone request is to change from R-7, Residential to P-1, Public Use, therefore the change implements the Intent of the Comprehensive Plan Land Use Designation of Rezone - Auburn School District No. 408- Rezone south of Pioneer Elementary (REZ18-0005) Staff Report October 4, 2018 Page 6 of 7 Institutional. Changing the parcel to P-1, Public Use District will help ensure developmental and permitting predictability and consistency until the city-wide rezone can be completed. 2. Criterion that the rezone reouest bears a substantial relationship to the public health, safety, morals and welfare. As provided in'Findings of Fact' No. 11, future development on the site will be required to provide adequate public and private facilities and utilities such as water, sewer, and electricity, and will therefore not be detrimental to the public health. The Rezone itself will not allow any uses or acts that would pose any detrimental effects on the morals or welfare of the public. No development or redevelopment of the site is proposed at this time. Rezoning of the site will result in the existing use of the site (a religious institution) into a nonconforming use. V. STAFF RECOMMENDATION: Based upon the application, accompanying materials, Findings of Fact, and Conclusions of this Staff Report, Staff recommends that the Hearing Examiner recommend approval of rezoning the property from R-7, Residential to P-1, Public Use District to the City Council. VI. CONDITIONS OF APPROVAL: (None) VII. EXHIBIT LIST: Exhibit 1 Staff Report Exhibit 2 Vicinity Map & Proposed Rezone Map Exhibit 3 Rezone / SEPA Application Form, Checklist, and Written Statement From Applicant, received July 27, 2018 Exhibit 4 Notice of Application, Notice of Public Hearing, and Determination of Non - Significance, SEPA Checklist Final Staff Evaluation STAFF: ��Ao Prepared by: G 0 i L�/j Alexandr' Teag e, Plan er II DA Depart nt of Commun y Development Reviewed by. ��r '— �f� >con, Planning- ervices Manager DATE / eta ment of Community Development Rezone -Auburn School District No. 408- Rezone south of Pioneer Elementary (REZ18-0005) Staff Report October 4, 2018 Page 7 of 7 Exhibit 2 - Vicinity Map & Proposed Rezone Map m Legend"" ■1111111 iiZoning■111��� . • ■111 PUBLIC USE DISTRICTDISTRICT RESIDENTIALRESIDENTIAL ■111■ 20 DU/ACRE IN ■ R • DU/ACRE _ OF PARCEL REZONE TO PUBLIC USE / INSTITUTIONAL ■111 ►�� ■ ■■■ ■111MEN ■/SII i � ��■■���■ ■1111111■ 1111■ . ■■■ � ■■■11 IIIII■111111 �����■�� 1111 ��■■� 1111111111111 � 1111 ■����� ■ � 111111111111 ���-�- � ■ \r���� � It■1��111111 ■■�i�■� - I� ■ �� �- _, �iiii► d■ . - 111111111111 � 11 ������ � ..• 111111111111 ■1111 �� : ■■■111111111 ■IIIN ■ ■ ■ ��■■■■■■■ � ■� ■ • � • • 111111 i 111111111 ■111 1111■■11■11� ;!N� ■ .11111111 ■ 1111 ■■�� ��� � ©1111111■► � ����� ■■ ■�. ■� ■; 111. 111 ■■ ��••�.•■l Apyhan .y--,— -a 9, �. • Service La er.Credits. Kin CounRrse information.ma have �� efim been collected at different scales, times �■������� or defim4ons, resulhn in m¢onsistenaatures represented gether on tfiis map. ©SHOCKEY Proposed Rezone PLANNING GROUP, Inc. Map D&a�Mbli Exhibit 8 HE 10.17.18 Pgs 11 CORRECTED REZ18-0005 PowerPoint Submitted by: Alex Teague AUBURN SCHOOL AUBURN VALUES DISTRICT REZONE SOUTH OF ISERVICE PIONEER ELEMENTARY ENVIRONMENT REZ18-0005 ECONOMY HEARING EXAMINER PUBLIC HEARING SUSTAINABILITY OCTOBER 17, 2018 WELLNESS CELEBRATION PROJECT PROPOSAL + SITE PLAN The Auburn School District (ASD)requests the rezone of a 73,358 sq. ft. parcel from R-7, Residential Zone (Seven Dwelling Units per Acre) to P-1, Public Use District to allow for the future redevelopment of the site associated with Pioneer Elementary school. Combined Notice of Application (NOA), Notice of Public Hearing (NOPH), and Determination of Non-Significance (DNS) issued under COA File No. SEP18-0005 on September 6, 2018 (Exhibit 4) Comment period ended September 21, 2018; no comments received Appeal period ended October 5, 2018 The subject property is: Located at 2407 M St SE, at the intersection of M St SE and 25th St SE; directly south Pioneer Elementary school and east of Cedar Lanes Within neighborhood that is predominantly single-family residential Rectangular in shape, approximately 294 ft. in width (east to west) and 300 ft. in length (north -south) Occupied by a religious institution No Adverse Impacts: There are no significant adverse impacts associated with the proposal No development or redevelopment of the site is proposed at this time The existing development is currently served by Auburn sewer and water Access is currently provided by a driveway located on M St SE A SEPA Checklist and application must accompany the future permit application associated with the redevelopment of Pioneer Elementary School At the time of redevelopment, project -specific impacts and improvements will be evaluated Comprehensive Plan Land Use Designation for the subject property is Institutional Under Ordinance No. 6584, the City of Auburn adopted a new Comprehensive Plan and a revised Comprehensive Plan Map The P-1, Public Use District remains in effect on the City's official Zoning Map and in the City's Zoning Ordinance The P-1, Public Use District ALSO remains an appropriate implementing zone for the Institutional Land Use Designation Chapter 18.68 ACC contains the intent and process for zoning code amendments ACC does not contain any specific rezone criteria for City Staff to review; however, Case Law offers some rezone criteria: Ahmann-Yamane, LLC v. Tabler, 105 Wn. App. 103, 111 (2001): 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; provided. that a showing of a change of circumstances has occurred is not required if a rezone implements the Comprehensive Plan. #1. The rezone is in response to changes in conditions since original adoption, or implements the Comprehensive Plan. The Rezone request implements the Comprehensive Plan: Land Use Designation of the subject parcel is Institutional and the proposed rezone, implements the intent of the Comprehensive Plan Land Use Designation of Institutional; and The proposed rezone request implements the intent of the Comprehensive Plan Land Use Designation of Institutional. #2. The rezone request bears a substantial relationship to the public health, safety, morals and welfare. Future development on the site will be required to provide adequate public and private facilities and utilities; and The Rezone itself will not allow any uses or acts that would pose any detrimental effects on the morals or welfare of the public. Based application and accompanying materials, Findings of Fact, and Conclusions of this Staff Report, Staff recommends approval of the Rezone.