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HomeMy WebLinkAbout09-26-2012 Agenda Packet HEARING EXAMINER September 26, 2012 5:30 pm City Hall Annex One East Main Street Annex Conference Room 2 I. Case No: REZ09-0002 – Lyden Rezone Applicant: Dennis L. Holt on behalf of George Lyden, 1215 S. Central Avenue, Suite 211, Kent, WA 98032 Request: Application for a rezone of an approximately 4.45 acre parcel from C1, Light Commercial, to M1, Light Industrial. The property is located at the 900 block of A Street NW. Assessor’s Parcel 1221049020. The property is currently vacant. Exhibit 1 Number of Pages 8 AGENDA BILL APPROVAL FORM Agenda Subject: REZ09-0002 – Lyden Rezone Date: August 30, 2012 Department: Planning and Development Attachments: See Exhibit List Budget Impact: N/A Administrative Recommendation: Hearing Examiner recommend to the City Council approval of the Lyden rezone. Background Summary: OWNER: George Lyden, 1102 D ST NE, Auburn, WA 98002 APPLICANT: Dennis L. Holt, 1215 S. Central Ave, Suite #211, Kent, WA 98032 REQUEST: Change in zoning of an approximately 4.45 –acre parcel from C1, Light Commercial to M1, Light Industrial LOCATION: The property is located at the 900 block of A ST NW, Auburn Parcel No: 1221049020 EXISTING LAND USE: The property is currently vacant COMPREHENSIVE PLAN DESIGNATION: Light Industrial SEPA STATUS: A SEPA (SEP09-0014) Determination of Non-Significance (DNS) was issued on September 21, 2009 for the Comprehensive Plan designation change and rezone change. No appeals were received. Reviewed by Council & Committees: Reviewed by Departments & Divisions: Arts Commission COUNCIL COMMITTEES: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Serv. Finance Parks Human Services Planning & CD Fire Planning Park Board Public Works Legal Police Planning Comm. Other 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: Staff: Taylor Meeting Date: August 30, 2012 Item Number: Agenda Subject: REZ09-0002 – Lyden Rezone Date: August 30, 2012 Page 2 of 8 The Comprehensive Plan designation, zoning designation and land uses of the surrounding properties are: Comprehensive Plan Zoning Land Use Project Site Light Industrial, special area plan “Auburn North Business District” C1, Light Commercial, adopted special area plan Vacant, undeveloped land North Light Industrial, special area plan “Auburn North Business District” C1, Light Commercial, adopted special area plan Vacant, undeveloped land South Light Industrial M1, Light Industrial A light industrial building East Light Industrial, special area plan “Auburn North Business District” C1, Light Commercial, adopted special area plan Immediately to the east of this property across the newly completed extension of A ST NW is a vacant property (including wetland mitigation area associated with senior housing) developed with three structures, and further east along 10th ST NW is the Fred Meyer property. West Heavy Industrial M2, Heavy Industrial Railroad tracks, C ST NW, Heavy Industrial buildings Agenda Subject: REZ09-0002 – Lyden Rezone Date: August 30, 2012 Page 3 of 8 FINDINGS OF FACT: 1. Dennis Holt, on behalf of George Lyden applied for a rezone for property located at the 900 block of A ST NW, Auburn, WA (Parcel number: 1221049020). 2. The rezone site at the 900 block of A ST NW is approximately 4.45 acres (193,842 square feet) in size and is currently vacant land. 3. A Comprehensive Plan Land Use Map amendment was applied for concurrently with the rezone on June 11, 2009. The applicant requested a land use change from C1, Light Commercial to M1, Light Industrial. The City Council approved the Comprehensive Plan Amendment on December 7, 2009 by Ordinance No. 6280 (Exhibit 8) 4. Planning Commission held a public hearing on this item on October 6, 2009.Staff recommended that Planning Commission recommend that the City Council deny this application. Staff stated that a change to Light Industrial would create an incompatible use with the senior assisted living facility located to the east of the subject property. Staff stated that a rezone to Light Industrial would be incompatible with the uses envisioned for the area in the Auburn North Business District. Mr. Holt spoke during the hearing and stated that 50% of the northern part of the property is mapped with wetlands, as are adjacent properties to the north and the east. Mr. Holt stated that even with the completion of the A/B Street Corridor, discussions with commercial realtors indicate that the property would still not be attractive to commercial users. A motion was Agenda Subject: REZ09-0002 – Lyden Rezone Date: August 30, 2012 Page 4 of 8 made to approve the proposed Comprehensive Plan Map amendment. The motion carried 7-1, Planning Commission did not concur with the staff recommendation and recommended that City Council approve the application. 5. City Council considered this application separately from the rest of the comprehensive plan amendments as part of the consideration of the ordinance during the December 7, 2009 meeting, and the property owner spoke at the council meeting. The property owner distributed copies of the site and vicinity maps for the affected property. The property owner, Mr. Lyden contended that the property is no longer part of the Auburn North Business Area Plan as the streets and wetlands have separated the property from the North Business Area. The Council discussed that after seeing the map, the alignment of the A/B Street corridor, and the wetlands in the area, that the area is not appropriate for commercial zoning. A motion was made to change the land use designation from light commercial to light industrial. The motion carried 5-0. 6. Pursuant to ACC 18.68.030 and 18.68.040, all applications for a rezone shall be reviewed by the planning director prior to the scheduling of a public hearing. After review of the application, the director shall determine which of the following two processes should occur to properly hear the rezone: a. If the rezone is consistent with the comprehensive plan, then the hearing examiner shall conduct a public hearing on the rezone and make a recommendation to the city council pursuant to ACC 18.66.170. This application is consistent with the comprehensive plan, as outlined below in the Conclusions. 7. Pursuant to ACC 18.68.040, notice of a public hearing shall be given at least 10 days prior to the public hearing and in accordance with ACC 14.07.040. The public hearing notice was published in the Seattle Times on September 10, 2012, this notice was mailed to the property owners within 300 feet of the subject site, and posted on the subject property meeting the notification requirements (Exhibit 5). 8. The applicant filed an environmental checklist application that addressed the comprehensive plan amendment and rezone. On September 21, 2009, 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 (Exhibit 6). 9. The purpose of the M1, Light Industrial zone per ACC 18.32.010 ‘Intent’ is to accommodate a variety of industrial, commercial, and limited residential uses in an industrial park environment, to preserve land primarily for light industrial and commercial uses, to implement the economic goals of the comprehensive plan and to provide a greater flexibility within the zoning regulations for those uses which are nonnuisance in terms of air and water pollution, noise, vibration, glare or odor. The light industrial /commercial character of this zone is intended to address the way in which industrial and commercial uses are carried out rather than the actual types of products made. 10. As identified in ACC 18.32,020, -030 and 040 the M1, Light Industrial zone allows the following uses, where P is permitted, A is a use that requires an Administrative Use permit and C is a use that requires a Conditional Use permit: P Automobile service and repair P Automobile washes P Banks and financial institutions P Building and construction contractor services P Caretaker quarters, not more than one per establishment Agenda Subject: REZ09-0002 – Lyden Rezone Date: August 30, 2012 Page 5 of 8 P Cold storage plants P Daycare, including mini daycare centers, daycare centers, preschools or nursery schools P Equipment rental and leasing P Gasoline filling station P General offices P Health and physical fitness clubs P Horticultural nurseries, excluding soil mixing P Household movers and storage P Janitorial services P Job training and vocational rehabilitation P Manufacturing, assembling and packaging of articles, products and merchandise when conducted entirely within an enclosed building P Mini-storage warehouses P Motels and hotels P Multiple-family dwellings, provided they are located in a multi-story building the ground floor of which must contain one of the following uses listed in subsections C, J, K, T, W, X, Z and AA of this section. The ground floor may contain entrance and lobby areas which serve the dwellings P Personal service shops P Printing, publishing, and allied industries including such processes as lithography, etching, engraving, binding, blueprinting, photocopying, and film processing P Research, development and testing P Restaurants P Retail sales of all types P Retail sales and rental of automobiles, trucks, motorcycles, recreational vehicles and boats P Reupholstery and furniture repair P Small appliance repair P Warehousing and distribution facilities, to include wholesale trade not open to the general public. This includes motor freight transportation as an incidental use but specifically excludes motor freight transportation as the principal use of the property P Other similar uses and accessory uses and buildings appurtenant to a principal use which the planning director or designee finds compatible with the principal permitted uses described in this chapter and consistent with the purpose and intent of the M-1 zone P Sexually oriented businesses as provided in Chapter 18.74 ACC P Commercial recreation, including animal race tracks P Wine production facility; small craft distillery; small craft brewery; and tasting room P A Auction houses, excluding animals A Government facilities A Religious institutions, to be located in existing facilities only C Heliports C Radio and television transmitting towers C Utility substations, unless clearly incidental and part of a permitted use. Then the substation shall be permitted outright C Work release, prerelease or similar facilities offering alternatives to imprisonment under the supervision of a court, state or local government agency, and meeting the standards established under Chapter 18.31 ACC C Secure community transition facilities meeting the standards established under Chapter 18.31 ACC and Chapter 71.09 RCW Agenda Subject: REZ09-0002 – Lyden Rezone Date: August 30, 2012 Page 6 of 8 11. The M1, Light Industrial zone development standards including setbacks and lot requirements are contained in ACC 18.32.050. CONCLUSIONS: ACC Chapter 18.68 provides certain criteria for approval of a rezone: 1. The rezone must be consistent with the Comprehensive Plan. Comment The applicant submitted for both a rezone and comprehensive plan amendment on June 11, 2009. The comprehensive plan amendment was processed as part of the 2009 annual amendments. The comprehensive plan map amendment was from ‘Light Commercial’ to ‘Light Industrial’. The intent of the Light Industrial zone is identified in the findings above. The rezone will proposed rezone will change the current zoning from C1, Light Industrial, which has an emphasis on commercial development to M1, Light Industrial zoning which has an emphasis on light industrial development. On December 7, 2009 the City Council approved the comprehensive plan amendments through Ordinance No. 6280 (Exhibit 8). The proposed zoning will implement several goals of the Comprehensive Plan including: ED-22 Land suitable for large scale development in the Region Serving Area of the City should be identified and designated for economic development. a. The integrity of large, contiguously owned properties suitable for industrial use should be conserved by use of appropriate industrial subdivision standards. LU-108 Designation of light industrial areas shall have priority over heavier industrial uses. The proposed rezone will designate a large scale property suitable for development for light industrial, serving the economic development goals of the Comprehensive Plan by conserving a large property suitable for industrial uses. The proposed rezone will designate the property for light industrial uses meeting the land use goals of the Comprehensive Plan. Site is bordered by a public street on the east side that is currently nearing construction completion; A ST NE. A Street NE is a Minor Arterial Street. To the north A Street NE connects to 10th Street NW (which becomes 9th Street NE) is also a minor arterial. As conditioned development on the property shall comply with the Auburn North Business Area Plan Comprehensive Plan policies, including the land use policies, the design policies, and the faculty policies (with the exception of AN1.7, AN1.8 and AN3.2. which no longer apply). 2. The rezone must be initiated by someone other than the City in order for the Hearing Examiner to consider the request. Comment The rezone was initiated by the property owner, George Lyden, who is represented by Dennis Holt. 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. Agenda Subject: REZ09-0002 – Lyden Rezone Date: August 30, 2012 Page 7 of 8 Comment Neither the Hearing Examiner nor the City Council initiated any change to this rezone as requested by the applicant. In addition, Washington case law has identified other criteria for rezone applications (see Parkridge v. Seattle, 89 Wn.2d.454; 573 P.2d 359 (1978) (conditions must have changed since the original zoning was established and the proposed rezone must bear a substantial relationship to the general welfare of the community); 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.)). a. Conditions in the area must have changed since the original zoning was established. Comment The rezone proposal is consistent with the comprehensive plan land use designation for the subject property. As mentioned under the Findings of Fact, a comprehensive plan map amendment was processed in 2009 and approved by the City Council. The proposed rezone would adjust the zoning of the property to be consistent with the comprehensive plan. Showing of a change of circumstances has occurred is not required if a rezone implements the Comprehensive Plan b. The proposed rezone must bear a substantial relationship to the general welfare of the community. The property is currently undeveloped vacant land. Rezoning the subject property to M1, Light Industrial will match the zoning district to the comprehensive plan designation. The subject site is located on a minor arterial. The property is separated from the surrounding uses by a new road, and by a vacant property. The nearest developed property is zoned Light Industrial. The proposed rezone is in compliance with the adopted Comprehensive Plan which bears a substantial relationship to the general welfare of the community. 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 conditions of approval: 1) Development of the property shall comply with the Auburn North Business Area Plan Comprehensive Plan policies, including the land use policies, the design policies, and the faculty policies (with the exception of AN1.7, AN1.8 and AN3.2. which no longer apply). Staff reserves the right to supplement the record of the case to respond to matters and information raised subsequent to the writing of this report EXHIBIT LIST Exhibit 1 Staff Report Exhibit 2 Application (REZ09-0002) Exhibit 3 Vicinity Map showing the current land use Exhibit 4 Zoning map showing the current and proposed zoning Exhibit 5 Aerial Photograph Exhibit 6 Site Plan materials (GRA04-0037) Exhibit 7 Determination of Non-Significance and Checklist (SEP09-0014) Exhibit 8 Planning Commission minutes from October 6, 2009 Agenda Subject: REZ09-0002 – Lyden Rezone Date: August 30, 2012 Page 8 of 8 Exhibit 9 City Council meeting minutes from December 7, 2009 Exhibit 10 Ordinance No. 6280 approved December 7, 2009 Exhibit 11 Notice of Public Hearing with affidavits will be distributed during the public hearing