Agenda Item 5 (a) Exhibit 1

Transcription

1 Agenda tem 5 (a) Exhibit 1 CTY OF WOODNVLLE, WA REPORT TO THE PLANNNG COMMSSON rd Avenue NE, Woodinville, WA To: Planning Commission Date: August 19, 29 From: Subject: Hal H. Hart, Development Services Director Public Hearing - Zoning Code Amendment, ZCA916, Personal Services in the General Business zone SSUES: 1. Shall the Planning Commission hold a public hearing and consider a Zoning Code Amendment presented in Exhibit 2 to revise WMC to allow Personal Services within the General Business zone? 2. Shall the Planning Commission recommend the City Council adopt the proposed Zoning Code Amendment as presented in Exhibit 2? STAFF RECOMMENDATON: Staff recommends that the Planning Commission hold the public hearing on Zoning Code Amendment ZCA916, and recommend to City Council adoption of the proposed Zoning Code Amendment. POLCY DECSON: The Woodinville Municipal Code (WMC) section requires the Planning Commission hold a public hearing for all proposed Zoning Code amendments. These amendments may be initiated by the City Council, the Planning Commission, City Staff, or an application submitted by a citizen (WMC ). POLCY CONTEXT: The Planning Commission must determine whether the proposed amendments (Exhibit 2) comply with criteria contained within Woodinville Municipal Code (WMC) , Zoning Code amendment criteria. BACKGROUND: On June 11, 29 Oasis Spa and Salon submitted a building permit for an expansion of this business within the interior of the existing building, located 186 Woodinville Snohomish Road. Under the North American ndustrial Classification System (NACS), this business is classified as providing Personal Services, under NACS Exhibit 3 lists the uses that fall under this classification, including beauty and barber shops and salons, nail salons, diet and weight reducing centers, days spas, massage parlors, and tanning salons. Currently, personal services are not permitted within the General Business zone. This business is a legal nonconforming use, as the NACS 8121 was previously allowed as general business services when this business started operations. n December 24, under Ordinance 379, this provision was removed and this business became a nonconforming use. WMC states that a "nonconformance may not be expanded" Oasis asked the City Council to change the zoning code to allow personal services within the General Business zone on July 21, 29. The Council initiated a zoning code amendment for review by the Planning Commission. The Council asked that review of this amendment be expedited by the Planning Commission. n order to meet all of the legal and environmental

2 Exhibit 1 review noticing, tonight's meeting was the first date that a public hearing could be held for this amendment. The proposed Zoning Code amendment is shown in Exhibit 2 (WMC A Permitted Land Use chart) with additions shown in underline. ANALYSS: WMC requires that Zoning Code Amendments meet the following criteria: 1. The amendment is consistent with the purposes of the Comprehensive Plan, 2. The amendment is consistent with the purpose of the Zoning Code 3. The benefit or cost to the public health, safety and welfare is sufficient to warrant the action. Criteria 1 - Consistency with the Purposes of the Comprehensive Plan The City's Comprehensive Plan designates the General Business zone as Auto/General Commercial on the Future Land Use Map. The following description for the Auto/General Commercial is provided: This designation has been applied to an existing industrial zone within Woodinville where auto-oriented general commercial services have developed. This designation should be located along major arterial streets within the city and should not be located near low to moderate density residential areas. The most relevant Comprehensive Plan goals and policies to this zoning code amendment are: Land Use Element GOAL LU-4. To establish land use patterns that encourage a variety of commercial services and employment opportunities. POLCY LU-4.4: Provide an adequate supply of land zoned for employment to support 2-year employment allocations as required by King County County-wide Planning Policies. Economic Development Element GOAL EO-1: To take a positive, partnership role in retaining and enhancing the existing diverse and vital economic base in the City by assisting existing firms and welcoming new firms that will enhance the quality of the economic base. GOAL EO-3: To address the potential increasing shortage of commercial and industrial land within the City's current boundaries. POLCY EO-3.3: Preserve the amount of land in the Comprehensive Plan designated for commercial and industrial development. GOAL EO-4: To recognize and support the commercial districts within the City. The proposed Zoning Code Amendment supports these Comprehensive Plan goals and policies. Personal service uses include a variety of employment and service opportunities for Woodinville, by allowing existing personal service business to remain and expand within the City of Woodinville. n addition, the City has adopted the Downtown and Little Bear Creek Corridor

3 Exhibit 1 Master Plan, which includes the General Business zone within the planning area. The Master Plan had six guiding principles for the General Business zone, including: ncreases office zoned property in Woodinville - currently a deficiency, The Office development would allow and encourage high tech industries to locate in Woodinville in an attractive well-planned campus setting, This use would diversify employment and economic development opportunities, Provide for greater employment quantity, Located near regional motorized and non-motorized transportation corridors, and Encourage uses that are compatible with Little Bear Creek protection and would lead to improved aesthetics of new development and public areas. The Plan also included a list of seven implementation strategies: Modify the Comprehensive Plan description of the GB designation to include the range of uses and the inclusion of office development. Office use addresses the shortage of Office designated property in the City, Amend WMC 21.8 to allow additional permitted uses with the intent of promoting flexible compatible land use, Make design review more prescriptive by adopting design standards to ensure quality site and building design, Study for possible revision of the existing incentives as shown in WMC to assure their appropriateness in relation to adopted recommendations, and Evaluate potential incentives for access to the Little Bear Creek Corridor. Use Development Agreements and other tools to provide integrated functions and overall coordination to Downtown development. Review and amend the City's development regulation contained in WMC (3)(b) to require monopole (cell) towers to be designed so the structure also provides camouflage and screening. The Plan also envisions of mix of businesses, culminating in a zoning code amendment to allow additional uses, including: professional office, medical clinics, vocational schools, and general personal services, such as beauty and barber salons, laundry and dry cleaning shops, photo studios, shoe repair and tax preparation services. This zoning code amendment is consistent with the Plan's objective to expand the uses permitted in the GB zone. Criteria 2 - Consistency with the Purposes the Zoning Code. The purpose of the Woodinville Zoning Code is found in WMC Purpose. The general purposes of this title are: (1) To encourage land use decision making in accordance with the public interest and applicable laws of the State of Washington; (2) To protect the general public health, safety, and welfare; (3) To implement the City of Woodinville Comprehensive Plan's Goals and Policies through land use regulations; (4) To provide for the economic, social, and aesthetic advantages of orderly development through harmonious groupings of compatible and complementary land uses and the application of appropriate development standards, (5) To provide for adequate public facilities and services in conjunction with development; and

4 Exhibit 1 (6) To promote the general public safety by regulating development of lands containing physical hazards and to minimize the adverse environmental impacts of development. The Woodinville Zoning Code provides the following purpose statement of the General Business zone: General Business zone. (1) The purpose of the General Business zone (GB) is to provide auto-oriented retail and services for local and regional service areas that exceed the daily convenience needs of residential neighborhoods but that cannot be served conveniently by the Central Business District, and to provide retail and business services in locations within the City that are appropriate for extensive outdoor storage and auto-related and commercial uses, and to provide space for offices as primary uses and for hotels and motels. These purposes are accomplished by: (a) Providing a wider and more diverse range of the retail, recreation, office and business services than are found in neighborhood business areas; (b) Allowing for commercial uses with extensive outdoor storage or auto-related and industrial uses; and (c) Limiting residential, institutional and personal services to those necessary to directly support commercial activity. (2) Use of this zone is appropriate in commercial areas that are designated by the Comprehensive Plan and are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services. (3) Subject to the requirements of WMC (B), the location and operation of sexually oriented businesses within the General Business zone is consistent with the purposes of that zone. As stated, the purpose of the General Business zone is to provide area for auto-oriented retail and services for local and regional service area beyond the daily convenience needs of residents, to provide area for commercial uses that require outdoor storage, and to provide space for offices, hotels and motels. Personal services are intended to be limited to those necessary to directly support commercial activity. As part of the 29 Docket, the Planning Commission is reviewing implementation measures for the Downtown and Little Bear Creek Corridor Master Plan. One of the proposed zoning code amendments would allow additional medical, office and social service uses within the General Business zone. Other proposed zoning code amendments would change the height and other bulk regulations within this zone. The purpose of these zoning code amendments is to implement the Master Plan. As stated above, the vision of the Master Plan is to expand the uses permitted within the Genera~ Business zone to include additional services. The Planning Commission and City Council have concluded that the zone description in WMC (1 )(c) is inclusive of personal services, as well as other uses. This means that personal services are necessary to support the desired commercial activity for the General Business zone. Criteria 3 - The benefit or cost to the public health, safety and welfare is sufficient to warrant the action.

5 Exhibit 1 The proposed zoning code amendment to allow personal services within the General Business zone will benefit the public health, safety and welfare. The Comprehensive Plan and Downtown and Little Bear Creek Corridor Master Plan support the inclusion of personal services within the General Business zone. Adding personal services as a permitted use within the General Business zone will expand economic opportunities and provide a service to the people who live, work and play within Woodinville. Approving this Zoning Code Amendment will keep a thriving business within the city limits by allowing it to grow and expand in its current location. All development standards for personal services would be required to be met, including building and fire code requirements, zoning requirements regarding parking or landscaping, public health and sewer utility requirements, etc. FACTS & FNDNGS: 1. On July 21, 29 the City Council initiated a Zoning Code Amendment to allow Personal Services (NACS #8121) as a permitted use in the GB zone. 2. A SEPA Determination of Nonsignificance (Exhibit 4) was issued for this proposed amendment was issued on August 3, 29. No written comments or appeals were received on this determination. 3. The proposed amendment is consistent with the requirements of WMC Pursuant to the City of Woodinville Municipal Code (WMC) Chapter 17, the Planning Commission is required to hold a public hearing on the proposed amendment and make a recommendation to the City Councl. 5. The 29 Annual Docket Zoning Code Amendment public hearing is scheduled for August 19, 29. A public hearing notice was published on August 3, 29 (Exhibit 5). AlTERNATVES: 1. Hold the public hearing and recommend adoption of the Zoning Code Amendment as proposed in Exhibit 2, or as amended. 2. Hold the public hearing and recommend denial of the Zoning Code Amendment. RECOMMENDED MOTON: MOVE THE PLANNNG COMMSSON RECOMMENDS THAT THE CTY COU Cil ADOPT THE PROPOSED ZONNG CODE AMENDMENT TO AllOW PERSONAL SERVCES N THE GENERAL BUSNESS ZONE, CONTANED N EXHBT 2. EXHBTS: 1 - ZCA916 Public Hearing Staff Report 2 - Proposed Zoning Code Amendment 3 - NACS 8121, Personal Services Listing 4 - SEPA Determination of Nonsignificance ssued August 3, Public Hearing Notice dated August 3, 29

6 Exhibit 2 ZCA916 Personal Services in the General Business zone Zoning Code Amendment Request: Allow personal services as a permitted use in the General Business zone. The purpose of the request is to remove the nonconforming status of the personal services that already exist in the General Business zone. Proposal: Amend WMC A to include personal services as a permitted use in the General Business zone. Additions are underlined. No deletions are proposed. WMC z N E A. Residential Commercial/lndustri :/Public GENERAL SERVCES LAND USE KEY P - PERMTTED USE C -CONDTONAL USE S - SPE AL USE L w M d e r a t e M e d i 1 m 1 H g h N c g h b r h T U r i s ( "e 11 (. r a C e n r a om r. n ; ~ c s e r i a B [J B u U u s s s i d n n n c e e s s s s s NACS# RJ-4 RS-8 R9-18 RJ9+ NB TB GB CBD 1 P/ SPECFC LAND USE Person~1 Services: 8121 General Personal Service 1'2 ' f ' 1'3 1' Dry-cleaning & 1'33 ' Laundry Servicl:s gl2332 ndustrial Launderers ' Funeral HomeiCrcmator C4 C4 ('4 C4 ' ' g Cemclery, Colulllbariulll 1'26, C5 1'26, C5 1'26 C5 1'6 Day care 1'6 1'6 1'6 ' 1'7 1'7 1'18 23 Dav care Velerinarv Clinic 1'8 1'8 1'8 1'8 ' 1'1 ' 1'1 ' 1'1 1'7 ' 1'18 Autolllolive repair () 'll P ' ' ' Automotive servicc Miscellaneous repair SOCial Scrvices Stabk Kennel or Callcry P12, C3 1'14, C C 1'12 Cl3 1'12 ('13 1'26 C5 1'12 C3 'll 1'13 'll 1'26 C5 ' ' ' P 1'26 C5 ' ' P ' 1'27 1'23 P P ' u b i C ' n s ( u t n

7 Exhibit 2 lealth Scn-ices: 6211 Office/Outpatient Clinic 1'12,3 1'12 1'12 1'12 ' 1'3 1'3 1' C13,3 3. C3 3, C3 C Nursing and Personal C3 1'3 1'18, Care Facilities Hospital 1'3 1' Medical/Dental Lab P3 p3d 1' NACS# S'ECFC LAND USE R-4 R5-8 R9-18 R19+ NB TB GB CBD P} Miscellaneous Hcallh 1'3 1' Education Services: Elemcntary or Middle/Junior 1'16.3 1'16 1'16 1'16 C3 C3 ['3 High School C15.3 C3 C3 (11) ) Secondary or High School 1'16 1'163 1'163 1'16 P3 P3 3 CS C3 3 C3 3 C ' Vocat ional School 1'3 P3 1'17 1'3 1'3 2, 23 Specialized nstruction School 1'19,3 P93 P93 P9 ' P3 C32 1' Education Services Continued: Prcschool C28,3 C283 C283 C283 ' 1'3 1'21 3 School District Support facility C25 C25 C25 C25 1'3 P3 1'3 1' Gymnastic Schools 1'29 C Sports & recreational nstruction 1' LJ9 MSC. Schools & nstruction 1)34 GENlRAl CROSS REFERENCES: R-48/ Regulations, see WMC Land Usc Table nstfll\:tiuns, scc WMC and () Definition of the p cilic Land se. s~e WMe 216 Development Standards sce \VMe through 21.3 General ProviSions see WMC through Tourist District Regulations, sec WMe Application and Review Procedures, sec \VMC 21.4 through 21.44

8 Exhibit 3 22 North American ndustrial Classification System Sector 81--ther Services (except Public Administration) 8121 Personal Care Services This industry group comprises establishments, such as barber and beauty shops, that provide appearance care services to individual consumers Hair, Nail, and Skin Care Services This industry comprises establishments primarily engaged in one or more of the following: (1) providing hair care services; (2) providing nail care services; and (3) providing facials 1 applying makeup (except permanent makeup) Barber Shops This U.S. industry comprises establishments known as barber shops or men's hair stylist shops primarily engaged in cutting, trimming, and styling boys' and men's hair; and/or shaving and trimming men's beards Beauty Salons This U.S. industry comprises establishments (except those known as barber shops or men's hair stylist shops) primarily engaged lin one or more of the following: (1) c tting, trimming, shampooing, weaving, coloring, waving, or styling hair; (2) providing facials; and (3) applying makeup (except permanent makeup) '3 N,aill Salons This U.S. industry comprises establishments primarily engaged in providing nail care services, such as manicures, pedicures, and nail extensions Other Personal Care Services This industry comprises establishments primarily engaged in providing personal care services (except hair, nail, and facial or nonpermanent makeup services) Diet and Weight Reducing Centers This U.S. industry comprises establishments primarily engaged in providing nonmedical services to assist clients in attaining or maintaining a desired weight. The sale of weight reduction products, such as food supplements, may be an integral component of the program. These services typically include individual or group counseling, menu and exercise planning, and weight and body measurement monitoring Other Personal Care Services This US. industry comprises establishments primarily engaged in providing personal care services (except hair, nail, facial, nonpermanent makeup, or nonmedical diet and weight reducing services) Corresponding ndex NACS NACS NACS Entries Baths, steam or turkish Color consulting services (i.e., personal care services) Day spas

9 Exhibit Depilatory (i.e., hair removal) salons Ear piercing services Electrolysis (i.e., hair removal) salons Hair removal (i.e., dipilatory, electrolysis) services Hair replacement services (except by offices of physicians) Hair weaving services Make-up salons, permanent Massage parlors Saunas Scalp treating services Steam baths Sun tanning salons Tanning salons Tattoo parlors Turkish bathhouses Turkish baths

10 Exhibit 4 CTY OF WOODNVLLE DETERMNATON OF NON-SGNFCANCE PROJECT: Personal Services as Permitted Use in the General Business zone Threshold Determination: Determination of Non-Significance Date of ssuance: August 3,29 File Number: ZCA916, SEP934 Applicant: City of Woodinville Proposal Location: General Business Zone, City of Woodinville S/T/R: 1, 3, 9/26/5 Proposal Description: Zoning Code Amendment to allow personal services {NACS #8121} within the General Business zone. Lead Agency: City of Woodinville NOTE: This determination does not constitute approval of the proposal. This proposal will be reviewed for compliance with SEPA Determination Review Procedures. Threshold Determination: The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An Environmental mpact Statement (ES) is not required under RCW C.3(2)(c). This decision was made after review of a completed environmental checklist dated JUly 27, 29, and other information on file with the lead agency. This information is available to the public on request. COMMENTS AND APPEALS: This DNS is issued under WAC (2); the lead agency will not act on this proposal for 15 days from the signature date below. Any interested party may submit written comments on this determination. Written comments or appeals must be received in the City of Woodinville, Department Planning and of Community Development before 5: P.M. on August 17, 29. Any appeal shall state with specificity the reasons why the determination should be reversed. All appeals must be accompanied by a non-refundable filing fee. Comments or appeals should be addressed to the responsible official designated below. f you have any questions, please call Project Planner, Erin Martindale at (425) "'CltfUHS, busillr:s (wd 1elll gatx:rfllllelll; (( ammllmity corlimitlllt:llt to our futurt." SEPA OFFCAL: POSTONTTLE: ADDRESS: HaH. Hart City of Woodinville SEPA Official rd Avenue NE Woodinville, WA 9872 SGNATURE: 'Jf..hrj? U 6 ~ DATE: August 3, rd Avenue NE Woodinville, WA Fax: , (1) printed on recycled paper

11 Exhibit 5 CTY OF WOODNVLLE 1731 _133 rd Avenue NE WOODNVLLE, WA 9872 (425) NOTCE OF PUBLC HEARNG The City of Woodinville PLANNNG COMMSSON will conduct an Open Record Public Hearing on the items described below. DESCRPTON OF APPLCATONS Project Name: File Numbers: Applicant: Contact: Location: Section of Code Pertinent to Hearing Procedure: WMC Personal Services as Permitted Use in the General Business zone ZCA916 City of Woodinville Erin Martindale, Senior Planner General Business Zone, Woodinville, King County, Washington Proposal: Zoning Code Amendment to allow Personal Services, listed as Nort American ndustral Classification System under #8121, within the General Business zone. Public Hearing Date: August 19, 29 Time: 7: pm Hearing Location: Woodinville City Hall, Council Chambers rd Avenue NE, Woodinville, WA 9872 Date of Notice: August 3, 29 Responsible Official: Hal H. Hart, Development Services Director Copies of all application documents are available for review or purchase at City Hall. n addition, a copy of the staff report will be available 7 days prior to the Hearing. All interested parties may appear and provide testimony to the above proposals at the Public Hearing Written comments regarding these proposals will be accepted up to and at the Public Hearing. Comments should be addressed to the Development Services Department at the address shown above. f you have any questions, please call Ray Sturtz at (425) ext "NOTE: The hearing subject to this notice is an OPEN RECORD HEARNG. A record of this hearing will be created. Any party interested in the decision of the hearing may present spoken or written testimony for the record at the OPEN RECORD HEARNG. Any appeal of a hearing decision is limited to an Administrative Appeal based on the existing record. n case of an appeal, the appeal will be heard as a CLOSED RECORD APPEAL HEARNG with no new evidence or information allowed to be submitted.

12 Exhibit 5, 1 \ CTY OF WOODNVLLE rd Avenue NE ~, WOODNVLLE, WA 9872 (425) NOTCE OF PUBLC HEARNG The City of Woodinville PLANNNG COMMSSON will conduct an Open Record Public Hearing on the items described below. DESCRPTON OF APPLCATONS Project Nama: Personal Services as Permittad Use in the General Business zone Fila Numbers: ZCA916 Applicant: City of Woodinville Contact: Erin Martindale, Senior Planner Location: General Business Zone, Woodinville, King County, Washington Section of Code Pertinent to Hearing Procedure: WMC Proposal: Zoning Code Amendment to allow Personal Services, listed as Nort American ndustral Classificalion System under #8121, within the General Business zone. Public Hearing Dale:hUgllsl Time:.z:oo..pm Hearing Location: Woodinville City Hall, Council Chambers rdAvenue NE, Woodinville, WA9872 Date of Notice: August 3, ~9 Responsible Official: Hal H. Hart, Development Services Director Copies of all application documents are available for review or purchase at City Hall. n addition, a copy of the staff report will be available 7 days prior to the Hearing. All nterested parties may appear and provide testimony to the above proposals at the Public Hearing. Written comments regarding these proposals will be accepted up to and at the Public Hearing. Comments should be addressed to the Development Services Department at the address shown above. f you have any questions, please call Ray StuU at (425) ext 'NOTE: The hearing subject to this notice is an OPEN RECORD HEARNG. A reoord of this hearing will be created. Any party interested n the decision of the hearing may present spoken or written testimony for the record at the OPEN RECORD HEARNG. Any appeal of a hearing decision is limited 1 an Administrative Appeal based on the existing record. n case of an appeal, the appeal will be heard as e CLOSED RECORD APPEAL HEARNG with no new evidence or nformation allowed to be SUbmitted. Published Au us! 3m. 2DQ,g