• Thirty amendments are proposed: four privately requested Comprehensive Plan and zoning map changes, four site specific map corrections identified by staff, one Comprehensive Plan text change, and 21 zoning code text changes. Only six of the zoning text changes are estimated to have significant policy implications.
• At an October 8 public hearing all but three proposals were unanimously recommended for approval by the Planning Commission with limited deliberation and no public testimony offered. Planning Commission staff reports and draft minutes are available here and here (respectively).

Council is requested to review and make final determinations on the proposed map and text changes:

One proposal not recommended

Over the course of two hearings, the Planning Commission voted 4-2 against the HDH Map change proposal from Industrial/IL to Urban High Density Residential/R-30 to allow future development of a 132-unit apartment complex north of the old Evergreen Airport property.

The applicant’s market study argued the 4.3-acre proposal site is not viable for office or industrial development under existing IL zoning, as the site has not developed or had recent development inquires, and current market conditions favor office development elsewhere. The study also argues that existing office buildings near the site were built prior to the recession, and current office users now require more nearby amenities than exist in the vicinity. The applicant also argued that the proposal would result primarily in 2- and 3-bedroom unit apartments that are needed in the area and citywide.

Staff originally recommended denial based on the fact that the Comprehensive Plan policy governing employment land conversions requires long-term considerations, and that an outside assessment conducted for the City found that the site is likely viable for certain kinds of office development currently, and a broader range of uses in the longer term given the area amenities including nearby freeway access. The staff recommendation also found that benefits from the proposed multi-family zoning are tempered by the presence of existing multi-family zoning and development in the area, and the extensive pipeline of apartment applications currently under review.

The Planning Commission continued the October 8 hearing to October 22 to allow further discussion between the applicant and staff. The applicant revised the proposal to suggest a Development Agreement restricting rent on 10% of proposed apartment units to levels affordable at 60% of Clark County median income as defined by HUD for a period of 10 years, after which they could be rented at levels affordable at 100% of median for another 10 years, and face no restrictions after that. The remaining 90% of units would be restricted to 100% of median for the full 20-year period and would be unrestricted after that. The applicant also committed to completing apartment construction in 3 years, and to also building or dedicating a small passive use parklet on adjacent property.

Based on the revisions, primarily the rent restrictions, staff recommended approval of the proposal. On October 22 the Planning Commission voted 4-2 to recommend denial, based on concerns that the property was likely viable for long-term office or industrial development, and that the proposed restrictions would still result in high rents for 90% of the units. October 22 hearing staff recommendations are available here. Minutes are available here starting on page 16.

Two proposals with unanimous recommendations involving limited public testimony

• The Fourth Plain Commons map change from R-22 to CC zoning at the former Warrior Field site on Fourth Plain Boulevard to allow development of a 4-5 story mixed use affordable housing building with first floor community facilities drew one comment in favor and one against. Neighborhood resident and non-profit founder Mark Maggiora testified in favor, while Maplewood Neighborhood Association Chair James Dougherty testified against, citing concerns about parking adequacy, lack of notice, and lack of clarity about the anticipated square footage of the first floor of the building.

• A proposed zoning code text change lowering minimum parking requirements for very affordable housing (50% of Area Median Income or less) to 0.75 spaces per resident, along with eliminating minimum parking requirements for residents at senior or disabled housing facilities pursuant to legislative changes under E2SHB 1923 was also opposed by James Dougherty.

1. Denial of the proposed HDH map change would retain options for long-term employment adjacent to existing offices and near major transportation networks.
2. Approval of the proposed Fourth Plain Commons map change would facilitate affordable housing and community services along a major transportation corridor served by Bus Rapid Transit (BRT).
3. Approval of the Malloy and 5th Street/Hawes map changes would allow housing at densities which would likely increase housing access and affordability in their vicinities, on properties better suited to residential uses given adjacent land uses.
4. Approval of the map corrections would remove existing split zoning on residential properties, and resolve inappropriate application of Open Space Comprehensive Plan designations.
5. Approval of other zoning code text changes would update school impact fees, including a decrease in multi-family unit fee rates; reduce minimum parking requirements for affordable, senior, and disabled housing projects pursuant to recent legislative requirements, and subject to ongoing review; update, clarify and streamline standards; update application submittal requirements; and correct errors.