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HomeMy WebLinkAbout04-28-2014 Item Submitted{ f. PCDC 4128114 P9 3 IV B. 7OA14 -0 Submitted by: Public Van Ness Feldman LLP May 23, 2014 VIA EMAIL ONLY Planning and Community Development Committee Auburn City Council 25 West Main Street Auburn, WA 98001 -4998 719 Second Avenue, Suite 1150 Seattle, WA 98104 -1728 206- 623 -9372 vnLcom Re: Proposed Ordinance No. 6508 Amendment to Environmental Park (EP) Zoning Code to Allow Warehouse and Distribution Uses Dear PCD Committee Members: As you know from our presentations to the PCD Committee on March 7, 2014, we are seeking zoning code revisions to allow warehousing and distribution uses ( "W &H Uses ") in Auburn's Environmental Park (EP) zone. The existing prohibilion.of W &H Uses in the EP zone has created severe hardships on owners who built warehousing and distribution facilities on their properties prior to the EP zoning in 2006. The nonconforming use status of these properties has resulted in lost sales and difficulties in refinancing. Investment in EP zoned properties has been nearly absent since the EP zone was adopted in 2006, as evidenced by the lack of building permit activity, due in large part to the W &H Use restrictions. We appreciate the staff and Planning Commission bringing to the PDC Committee proposed Ordinance No. 6508 to revise the text of the EP zoning code to address this issue. While we would prefer the City Council to simply change the zoning use Table 18.23.030 to show W &H Use as a "P ", for Permitted Use, we can support the Planning Commission's recommendation to identify W &H Use as "X /Pi" with a footnote explaining when warehousing and distribution is permitted. However, changes to proposed Footnote 1 arc necessary to fairly treat properties that built warehouse and distribution facilities prior to the EP zoning in 2006. The intent of Footnote 1, as recommended by the Planning Commission, is to recognize W &H Uses as a permitted use, but only for those properties where warehousing and distribution facilities were issued building permits prior to the creation of the EP Zone in 2006 or where a manufacturing facility was issued a building permit prior to that date and was converted to a warehousing and distribution facility thereafter. We agree with this intent and appreciate the clarity of Footnote 1 that such warehousing and distribution facilities are outright permitted uses and not non - conforming uses. 51114 - -' Planning and Community - 2 - May 23, 2014 Development Committee However, we are asking the PDC to recommend to the full City Council a revised Footnote 1, as presented below, to more clearly implement the intent of Footnote 1 and treat properties with such pre -EP zoning warehousing and distribution facilities just like any other outright permitted use in the EP zone, and not as a non - conforming use. This additional language is necessary to address the following circumstances, which could arise, and which the existing language in Footnote 1 does not adequately address: • Expansion of an existing building containing a W &D Use (the Planning Commission recommendation allows a W &D Use to be "added to" but the term "expansion" provides a clearer authorization); Reconstruction of an existing building whether by choice or by destruction (e.g. fire) and reoccupancy by a W &D Use; • Long tern vacancy then reoccupancy by a W &D Use; e Occupancy by another permitted use then reoccupancy by a W &D Use. The above list includes rights enjoyed by all properties containing outright penmitted uses and should equally apply to owners of property in the EP zone with W &H Uses established before the EP zoning. Finally, we are asking that owners of property on which pre -EP zoning warehousing and distribution facilities were established be allowed to subdivide their property and build new W&D Uses on those lots. The tight to subdivide is consistent with the Planning Commission's recommendation to allow an existing pre -EP -zoning W &D use to be "added to." It merely recognizes that the expanded W &D Uses may be located on their own legal lots. Our requested form of Footnote 1 is presented below with our proposed changes to the Planning Commission recommended language shown with deletions in strikeet}t and additions underlined: Any legally- established warehousing and distribution facility that was issued a building permit as of the effective date of Ordinance No, 6036 (August 17, 2006), enacting the Ell, Environmental Park Zoning District, is an outright permitted use in the EP, Environmental Park zone and not a non - conforming use. Any manufacturingfacility that was issued a buildingpermit as ofthe effective date of Ordinance No, 6036 (August 17, 2006), enacting the EP, Environmental Park 7oning District, converting to a warehousing and distribution facility is also an outright permitted use in the EP, Environmental Park zone and not a non- conforming use. Any such warehousing and distribution facility in the Environmental Park zone may be maintained, altered fie, mina -, Y Planning and Community -3 - May 23, 2014 Development Committee reconstructed, or expanded according to ACC 18.23.040, Development Standards Any such warehousing and distribution /acilirn in the Environniental Parl Zone ma• be abandoned or occupied by another use permitted use in the EP Enviroaunetual Pak Zone and therealier reoccupied br a warehousing and distribution ixility as an ouui <,,ht permined use. Any lot containing such a warehousing and distribution facility may be divided according to procedures in Title 17 and a warehousing and distribution facility may thereafer be built on all lots thereby established as an outright permitted use. We appreciate your support for addressing this important interest and ask for your favorable recommendation to the full City Council of this zoning code revision, including the changes to Footnote 1 presented above. 54111.2 Very truly ours, i Brent Carson