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HomeMy WebLinkAbout04-28-2014 Items SubmittedPCDC 4/28/14 Pg 4 IV. B. ZOA14 -002 Submitted by: Jeff D. �Ic CTI'YOF A T T� �TUB.tJ -t r MEMORANDUM WASHINGTON TO: Councilmember John Holman, Chair, Planning and Community Development Committee Councilmember Largo Whales, Vice - Chair, Planning and Community Development Committee Councilmember Yolanda Trout, Member, Planning and Community Development Committee CC: Mayor Backus Kevin Snyder, Community Development and Public Works Director Jeff Tate, Assistant Community Development Director Elizabeth Chamberlain, Planning Services Manager FROM: Jeff Dixon, Principal Planner DATE: May 27, 2014 RE: ZOA14 -0002, Revised Code for Industrial Zones — Scenarios related to continuation or resumption of a warehousing and distribution use. As part of the public testimony at the Planning Commission public hearing on May 6, 2014, a property owner's attorney, Brent Carson, requested that the City: 1) Identify the specific properties eligible for the code provisions being changed; and 2) Provide narrative on scenarios based on the proposed code change being in effect. In response to this request, the Planning Commission deliberated on whether to postpone their recommendation until additional information was available. Then, the responsive public testimony asked the Planning Commission not to postpone their recommendation. The following is in response to this request. 1) On the first item, regarding identification of specific properties, the attached map has been prepared (See attached map). The map shows: a. Yellow - The 12 yellow - colored properties had a building permit for a warehousing & distribution use or a manufacturing use issued prior to the EP zoning establishment. b. Pink - The pink - colored properties did not have a building permit for a warehousing & distribution use or a manufacturing use issued prior to the EP zoning establishment. c. Blue - The 9 blue - colored properties require more research to determine if building permits for a warehousing & distribution use or a manufacturing use were issued prior to the EP zoning establishment. The research is more complicated due to such factors as longtime existence of the building, number changes in the building usage over time, less accuracy of the historical permit records and the fact that the intended use is not always specified at original building permit. 2) On the second request for the City to provide in written format some possible scenarios based on the proposed code changes being in effect. The specific scenarios requested were as follows (shown in italics): • The building being developed for a warehousing and distribution use prior to the EP zone and now being vacant for 2 -3 years and then the property owner seeking to resume a warehousing and distribution use. Under the proposed code change, the buildings originally developed for warehousing & distribution uses or developed for manufacturing uses prior to the effective date of the EP, Environmental Park zoning enactment (Ord # 6036, 8 -17 -2006) would be considered permitted uses and not subject to the non - conforming use regulations (ACC 18.54). These buildings would always be allowed to resume warehousing and distribution uses since for these, the use is considered allowed. The buildings could also be resumed as manufacturing (light and medium intensity manufacturing) as allowed in the EP zone. • The building developed for a warehousing and distribution use prior to the EP zone being destroyed and then the property owner seeking to re -build and resume the warehousing and distribution use. Under the proposed code change, the buildings originally developed for warehousing & distribution uses or developed for manufacturing uses prior to the effective date of the EP, Environmental Park zoning enactment (Ord # 6036, 8 -17 -2006) would be considered permitted uses and not non- conforming uses. As permitted uses, these buildings would not be subject to the re -build limitations of the city's code chapter on non - conforming use regulations. (ACC 18.54) • The building developed for a warehousing & distribution use prior to the EP zone and then occupied by a different permitted use and after that the property owner seeks to reoccupy with a warehousing and distribution use. Under the proposed code change, the buildings originally developed for warehousing & distribution uses prior to the effective date of the EP, Environmental Park zoning enactment (Ord # 6036, 8 -17 -2006) would be considered permitted uses and not non - conforming uses. Any such warehouse & distribution facility in the EP zone being abandoned or re- occupied by any another use in the EP zone and thereafter re- occupied by a warehousing and distribution use is not typical of the City's non- conforming use regulations (ACC 18.54). The footnote could be amended to provide this relief if desired by the City Council. However, this special relief from the typical way code approach lends itself to a special mechanism such as a contract rezone or development agreement rather than through the standard zoning that applies throughout the zone. Otherwise, this atypical provision would require review and reconstruction of the historical building usage on a case -by -case basis each time in the future and could pose some concerns to administer uniformly. Attachments: Map of Properties in EP Zone, ZOA14 -0002 N A w-� 4 A ZOA14 -0002, Properties in EP Zoning District ?5TH ST NW SR 18 -NEST Legend F7Had a Building Permit Issued As Warehouse & Distribution Use Or Manufacturing Use Buildings Did Not Have Building Permits Issued As Warehouse & Distribution Use or Manufacturing Use Boundary Of EP, Environmental Park Zoning District F7More Research Is Required To Determine Status F7 Parcel Boundaries IV LFrCL I IV L V/-11 L VF VItV INIiIVI,L tf OVJD kO/ I/ / LVVVI