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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 ---------------- Ordinance No. 6987 September 11, 2025 Page 1 of 4 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 ---------------- 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. ---------------- Ordinance No. 6987 September 11, 2025 Page 3 of 4 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: 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 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 2 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 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 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.