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HomeMy WebLinkAbout04-09-2025 - HEX Decision - SW 41st St Rezone1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 REZONE - 1 CAO VARIANCE - 1 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON SW 41st St. Rezone Rezone File No. PR24-000002 ) ) ) ) ) ) ) ) ) FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION Summary Kana Properties LLC seeks approval of rezone from Commercial Office (CO) to Commercial Arterial (CA) for 1.36 acres located at the southwest corner of the intersection of SW 41st St. and East Valley Road. It is recommended that the City Council approve the rezone. The project site is currently developed with an existing 15,104 square foot multi-tenant retail building. The proposed rezone is not associated with proposed development. Properties to the north and east are also zoned CA. The Applicant requests the rezone because demand for office space has substantially decreased since the pandemic. A rezone to CA would broaden the range of retail uses allowed at the rezone site. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 REZONE - 2 CAO VARIANCE - 2 Testimony Jill Ding, senior planner, summarized the staff report. William Millhollin, Applicant representative, noted that the purpose of the rezone was to expand the range of authorized retail uses. Exhibits Twelve exhibits as identified in the City staff exhibit list presented during the March 18, 2025 hearing were admitted into evidence. FINDINGS OF FACT Procedural: 1. Applicant. William Millhollin, Northwest Permit, 1026 SW 151st St, Burien, WA 98166. 2. Hearing. A virtual hearing was held on the application at 11:00 am on March 18, 2025 in the City of Renton Council Chambers. 3. Project Description. Kana Properties LLC seeks approval of rezone from Commercial Office (CO) to Commercial Arterial (CA) for 1.36 acres located at the southwest corner of the intersection of SW 41st St. and East Valley Road. The requested rezone is intended to accommodate expanded retail use types to align with the current use demand of the neighborhood. The proposed rezone is not associated with a proposed development at this time. The project site is currently developed with an existing 15,104 square foot multi-tenant retail building. 4. Surrounding Uses. The project site is surrounded by office and retail use. Properties to the north and east are zoned CA and to the south and west are zoned CO. 5. Adverse Impacts. There are no significant adverse impacts associated with the proposal. On February 10, 2025 the Environmental Review Committee issued a Determination of Non- Significance (DNS) for the rezone (Exhibit 5). The proposed rezone will enable a wider range of retail uses, which in turn could increase trip generation. The proposal fronts two collector arterials -- SW 41st St along the north property line and East Valley Road along the east property line. As such, it is will located for enhanced retail use. As outlined in the staff report, the project site is fully served by all necessary utilities, including water, sewer and stormwater. The project site is mapped within a seismic hazard area. The City’s critical area regulations will mitigate against any impacts arising from the hazard area for any proposed redevelopment. The property is also surrounded on two sides by properties zoned with the requested CA zoning designation and so is compatible with surrounding development. 6. Changed Circumstances. Conditions have substantially changed since the property was zoned CO. The applicant notes that there has been a dramatic reduction in demand for office space since the pandemic, especially office space in retail strip mall. The project site is currently developed with a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 REZONE - 3 CAO VARIANCE - 3 multi-tenant retail building. The CA zoning designation would allow for a broader range of retail uses within the existing retail building than the current CO zoning designation would allow. Conclusions of Law 1. Authority. The hearing examiner is required to hold a hearing and issue a recommendation to the City Council on site specific rezones. RMC 4-8-080(G) classifies site specific rezones not necessitating a comprehensive plan amendments as a Type IV application. Type IV applications require a hearing and recommendation from the hearing examiner with final approval by the City Council. 2. Zoning/Comprehensive Plan. The site is designated Employment Area (EA) on the City’s Comprehensive Plan Map. It’s zoning is CO. 3. Review Criteria. Rezone criteria are set by RMC 4-9-180F.2. Those criteria are quoted below in italics and applied via corresponding conclusions of law. RMC 4-9-180F.2a. The rezone has merit and value for the community, and will not adversely affect public health, safety, and welfare; 4. Criterion met. The rezone will serve to expand the range of retail uses authorized at a location that is suited for the proposal. In this regard it adds value to the community. As determined in Finding of Fact No. 5 it also creates no significant adverse impacts and so will not adversely affect public health, safety and welfare. RMC 4-9-180F.2b. The rezone will not be materially detrimental to the uses or properties located in the immediate vicinity thereof; 5. Criterion met. As determined in Finding of Fact No. 5 the proposal creates no significant adverse impacts and so will not be materially detrimental to the uses and properties located in the immediate vicinity. RMC 4-9-180F.2c. Since the original zoning or most recent rezone of the subject property, conditions affecting the subject property have substantially changed as a result of, but not limited to, public improvements or permitted private development; 6. Criterion met. The criterion is met for the reasons identified in Finding of Fact 6. RMC 4-9-180F.2d. The property subject to rezone was not specifically considered for a rezone at the time of the last area land use analysis and area zoning; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 REZONE - 4 CAO VARIANCE - 4 7. Criterion met. The criterion is met. The subject property was not considered for a rezone at the time of the last area land use analysis and area rezoning, and specifically was not considered with its neighboring parcels in Ordinance 5832. RMC 4-9-180F.2e. The characteristics of development upon the land subject to the rezone application are compatible with the purpose and intent of the proposed zone as well as the zone- specific policy of the proposed zone, as provided by the Comprehensive Plan; and 8. Criterion met. The criterion is met. The proposed CA zone, like the current CO zone, is an implementing zone of the underlying Employment Area comprehensive plan land use map designation per pages 12 and 13 of the Comprehensive Plan. One of the purposes of the CA zone is to provide for “a wide variety of retail sales, services, and other commercial activities along high- volume traffic corridors” per RMC 4-2-020N. The existing multi-tenant building at the rezone site, bordered by two primary arterials, is well suited to accommodate this type of use. RMC 4-9-180F.2f. The rezone does not conflict with the governing Community Plan, if one was adopted for the Community Planning Area in which the property subject to the rezone is located. 9. Criterion met. The subject property is located in the Valley Community Plan area and no governing Community Plan has been adopted. Therefore, the rezone does not conflict with any governing Community Plan. RECOMMENDATION It is recommended that the City Council approve Rezone File No. PR24-000002 for the reasons identified in the conclusions of law above. DATED this 9th day of April 2025. City of Renton Hearing Examiner