HomeMy WebLinkAbout6987ORDINANCE NO. 6987
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, FOR A SITE -SPECIFIC REZONE
OF PARCEL NO. 0004200001 FROM R-2, RESIDENTIAL
LOW TO P-1, PUBLIC USE
WHEREAS, Auburn School District No. 408 owns seven (7) contiguous vacant
parcels (King County Parcel Nos. 0004200025, 0004200022, 0004200003, 0004200019,
0004200013, 0004200024, and 0004200001) with the intention to develop them into a
comprehensive school campus, including a high school, elementary, and middle school;
WHEREAS, Ordinance No. 6960 relating to the completion of the 2024 Periodic
Comprehensive Plan update re -designated the parcels to the Public/Quasi-Public land
use category; and
WHEREAS, six of the seven parcels were rezoned to P-1 Public Use zone,
however parcel no. 0004200001 (the subject parcel) was inadvertently excluded from the
rezoning action and remained zoned as R-2 Residential Low zone which the parcel is
specifically proposed to serve as the new middle school; and
WHEREAS, Camie Anderson, of Shockey Planning Group, Applicant's
Representative, on behalf of Auburn School District No. 408 submitted a site -specific
rezone application on May 27, 2025 for Parcel No. 0004200001 to rezone the parcel from
R-2 Residential Low to P-1 Public Use zone; and
WHEREAS, the project is exempt from SEPA review in accordance with WAC 197-
11-800(6)(c); and
WHEREAS, after proper notice published in the City's official newspaper at least
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Ordinance No. 6987
September 11, 2025
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ten (10) days prior to the date of Public Hearing, the City of Auburn Hearing Examiner
conducted a Public Hearing, heard public testimony, and took evidence and exhibits into
consideration; and
WHEREAS, on August 27, 2025 the Hearing Examiner recommended approval of
the site -specific rezone application and made and entered Findings of Fact and
Conclusions of Law based thereon in support of that recommendation, as set forth in the
Findings of Fact, Conclusions of Law and Recommendation of the Hearing Examiner
attached hereto, marked as Exhibit "A" and incorporated herein by this reference; and
WHEREAS, the City Council concurs with the Findings of Fact and Conclusions of
Law of the Hearing Examiner; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Adoption of the Hearing Examiner's Findings of Fact and
Conclusions of Law. The City Council adopts the Findings of Fact and Conclusions of
Law based thereon, made and entered by the Hearing Examiner in support of the
recommendation to the City Council, as set forth in the "Findings of Fact, Conclusions of
Law and Recommendation" for the Auburn School District No. 408, City File Number
REZ25-0002, dated August 27, 2025 attached hereto, included as Exhibit "A".
Section 2. Approval. The City Council adopts and approves the request to
change the zoning of King County Parcel No. 0004200001 from R-2 Residential Low to
P-1 Public Use, shown in Exhibit "B".
Section 3. Constitutionality or Invalidity. If any section, subsection clause
or phase of this Ordinance is for any reason held to be invalid or unconstitutional such
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Ordinance No. 6987
September 11, 2026
Page 2 of 4
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this Ordinance, as it is being hereby expressly declared that this
Ordinance and each section, subsection, sentence, clause and phrase hereof would have
been prepared, proposed, adopted and approved and ratified irrespective of the fact that
any one or more section, subsection, sentence, clause or phrase be declared invalid or
unconstitutional.
Section 4. Recordation. 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 Auditor's Division.
Section 5. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
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Ordinance No. 6987
September 11, 2025
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BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN
Phil Olbrechts, Hearing Examiner
RE: Cascade Middle School
FINDINGS OF FACT, CONCLUSIONS
Rezone OF LAW AND RECOMMENDATION.
REZ25-0002
INTRODUCTION
The Auburn School District (ASD) has requested a rezone to reclassify approximately
35.2 acres from R-2 (Residential Low) to P-1 (Public Use District) located in the
southeastern corner of the Lakeland Hills South Planned Unit Development east of I
ST NE with access from 40th ST NE. It is recommended that the City Council
approve the rezone.
The rezone area is currently designated Public/Quasi-Public in the City's
Comprehensive Land Use Map. The only authorized implementing zones for this
Comprehensive Plan designation are Institutional (I) and Public Use (P-1). The
current R-2 designation is inconsistent with the Comprehensive Plan designation.
The City Council changed the Comprehensive Plan Land Use Map designations of
the rezone area and several parcels adjoining to the north in 2024 to facilitate the
replacement of the Cascade Middle School and other school campus development.
The proposed rezone area was mistakenly omitted from a similar rezone from R-2 to
P-1 for the parcels to the north. The proposed rezone is necessary for replacement of
the middle school and further development of the school campus.
ORAL TESTIMONY
Dinah Reed, Auburn City Planner, summarized the staff report.
Jeff Grose, Executive Director for Auburn School District Capital Projects, spoke in
favor of the project. Mr. Grose noted that the rezone will allow the District to replace
an aging school, develop a larger site with better facilities for instruction, for outdoor
use and for the community. Secondly, a major benefit is that the rezone will enable
Rezone p. 1 Findings, Conclusions and Recommendation
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the District to eventually develop the rest of the 70 acres into a school campus. The
campus has a middle school, high school, and elementary school.
No one else testified at the hearing.
EXHIBITS
Exhibits 1-5 listed at page 10 of the July 28, 2025 staff report were admitted into the
record during the August 20, 2025 public hearing. A May 27, 2025 compliance
narrative written by the Applicant was admitted into the record during the public
hearing.
FINDINGS OF FACT
Procedural:
1. Applicant. Jeff Grose, Executive Director -Capital Projects Auburn School
District, 915 Fourth ST NE, Auburn, WA 98002
2. Hearing. The Hearing Examiner conducted a hearing on the application at
5:30 p.m. at Auburn City Hall in the Council Chambers on August 20, 2025.
Substantive:
3. Site/Proposal Description. The Auburn School District has requested a
rezone to reclassify approximately 35.2 acres from R-2 (Residential Low) to P-1
(Public Use District) located in the southeastern corner of the Lakeland Hills South
Planned Unit Development east of I ST NE with access from 40th ST NE.
The subject property is rectangular in shape, approximately 2,277 ft. in width (east to
west) and 700 ft, in length (north to south). It is flat with natural vegetation as well as
a trail that traverses the property. A portion of the southwest corner contains a
wetland encroachment.
The subject property is located south of 5 vacant parcels totaling approximately 37.3
acres owned by Auburn School District No. 4. The subject site is part of seven
contiguous parcels owned by ASD, approximately 73 acres in total. ASD intends to
develop these parcels into a comprehensive school campus, including an elementary
school, middle school, and high school.
The ASD seven parcels were re -designated to the Public/Quasi-Public land use
category as part of the Periodic Update to the Auburn Comprehensive Plan in 2024.
Concurrently, six of the seven parcels were rezoned to P-1 Public Use Zone.
However, parcel number 000420-0001 (the subject parcel) was inadvertently
Rezone p. 2 Findings, Conclusions and Recommendation
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excluded from the rezoning action and remain zoned as R-2. The subject parcel is
proposed to serve as the new middle school.
4. Characteristics of the Area. As previously noted, the parcels to the north
are zoned Public and comprise part of an ASD campus. Directly to the south of the
subject parcel is "The River" manufactured home park. To the west is the Velvet
Homes Estates subdivision, and to the east is the Green River.
5. Adverse Impacts. No adverse impacts are anticipated from the proposal.
The proposal adds to an existing campus and will just result in the replacement of the
existing Cascade Middle School in addition to providing additional space for
scholastic and community amenities. Traffic and other project specific impacts will
be addressed and mitigated during site plan and other development permit review.
CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearing Examiner. ACC 18.68.030(A)(1) grants the Hearing
Examiner with the authority to review and make a recommendation on rezone
requests to the City Council.
Substantive:
2. Zoning Designation. The property is currently zoned R-2 (Residential Low).
3. Review Criteria. ACC 18.68.040 sets the review criteria for site specific rezones.
Applicable criteria are quoted in italics below and applied via corresponding
conclusions of law.
ACC 18.68.040: There is no presumption of validity for a rezone (zoning map
amendment) and the applicant has the burden of proof in establishing compliance
with all of the following criteria:
A. The rezone implements the policies of the comprehensive plan; or
4. Criterion met. The criterion is met. As previously noted, the Comprehensive
Plan Land Use Map designation for the project site is Public/Quasi-Public. The
current R-2 zoning of the subject parcel is inconsistent with the map designation. The
only authorized implementing zones for the Public/Quasi-Public designation are
Institutional (1) and Public Use (P-1). The proposed P-1 rezone is the most
appropriate and compatible zone of the two options because it enables the further
development of the adjoining Auburn School District campus.
Rezone p. 3 Findings, Conclusions and Recommendation
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ACC 18.68.040B. The rezone is necessary due to a substantial change in
circumstances since the current zoning; and
5. Criterion optional. The criterion doesn't need to be met. As noted in ACC
18.68.040A and B, only one of A or B needs to be met to validate the rezone. The
proposal is clearly necessary to implement the comprehensive plan because current
zoning is not consistent with the Comprehensive Plan Land Use Map. The proposal
is necessitated by changes in circumstances in any event. The Cascade Middle
School needs to be replaced since the subject parcel was last zoned. The Auburn
School District also has plans to further develop the subject parcel as part of its larger
school campus.
ACC 18.68.040C. The rezone bears a substantial relationship to the public health,
safety, or welfare.
6. Criterion Met. The criterion is met. The proposal will replace an aging middle
school and scholastic and community amenities without any significant adverse
impacts. In this regard the proposal bears a substantial relationship to the public
health and welfare.
RECOMMENDATION
It is recommended that the City Council approve the requested REZ25-0002 rezone
from R-2 to P-1.
Dated this 27"' day of August, 2025.
Phil Olbrechts,
City of Auburn Hearing Examiner
Rezone p. 4 Findings, Conclusions and Recommendation
Ordinance No. 6987 Zoning Map Amendment
EXISTING
1
tP X
Open space
[;] R-2 Residential Low
P-1 Public Use District
(_) R-4 Residential High
Planned Unit Development District
C-2 Heavy Commercial
[..1 R-NM Neighborhood Mixed Use
�w Residential Manufactured/
Moblle Home Community
® Existing Zoning
® Proposed Zoning
rj' Auburn City Limits
0 0.05 0.1 0.15 0.2
Miles
Printed On: 8/26/2025 O
Map ID: 6350
Information shown is for general reference purposes
only and does not necessarily represent exact
geographic or cartographic data as mapped. The
City of Auburn makes no warranty as to its accuracy.