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