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HomeMy WebLinkAboutITEM II-A DRAFT PLANNING COMMISSION June 08, 2010 MINUTES I. CALL TO ORDER Chair Judi Roland called the meeting to order at 7:06 p.m. in the Council Chambers located on the first floor of City Hall, 25 West Main Street, Auburn, WA. Commission members present were: Chair Judi Roland, Bob Baggett, Ron Copple, Michael Hamilton, Joan Mason, Dave Peace, Kevin Chapman and Wayne Osborne. Staff present included: Interim Planning & Development Director Kevin Snyder, Building Official Rick Hopkins, Fire Marshal Jeff Stottlemyre and Administrative Support Clerk Tina Kriss. II. APPROVAL OF MINUTES A. May 4, 2010 The Commission discussed the approval of minutes for the May 4, 2010 meeting which rd included the February 2, February 23 and March 23, 2010 minutes. After discussion Chair Rowland requested that staff review the recording from both meetings and provide amendments as needed. Commissioner Copple moved and Commissioner Baggett seconded to approve the minutest of the May 4, 2010 meeting with the following amendments. MOTION CARRIED UNANIMOUSLY 8-0. The following information is being noted or amended for the May 4, 2010 approval of minutes which included the February 2, February 23, and March 23, 2010 minutes: February 2 and February 23, 2010 Commissioner Copple moved and Commissioner Hamilton seconded to approve the minutes for the February 2 and February 23, 2010 meeting minutes. MOTION CARRIED 6-0 - Commission members excused were Dave Peace and Kevin Chapman. Planning Commission Meeting Minutes June 8, 2010 March 23, 2010 Commissioner Baggett moved and Chair Roland seconded to approve the March 23, 2010 meeting minutes. MOTION CARRIED 2-0. Commission Members present were at March 23, 2010 meeting: Chair Judi Roland, Vice Chair Kevin Chapman, Bob Baggett, and Peter DiTuri. Commission Members excused were Ron Copple, Michael Hamilton, Joan Mason and Dave Peace. Chair Roland noted that since there was not a quorum, the Commissioners could not conduct any business. Therefore, the minutes from February 23, 2010 would be carried over to the next meeting for approval. III. PUBLIC COMMENT There were no audience members and therefore no public comment. IV. PLANNING DEPARTMENT REPORT Kevin Snyder, Interim Planning & Development Director presented the following planning department report: City is currently Amending Auburn City Code Title 15 & 16 City’s numbers are holding for building permits, close to 2008 City has had multiple commercial inquiries, staff continues working on these. City is focusing on fine tuning our Customer Service Center orientation at the staff level - focusing on problem solving. City Hall Plaza is at the 60% design state with a target construction for the end of summer. KPG, specializing in downtown and public infrastructure projects, is the selected design consultant for the Promenade. Staff expects to bring a contract before City Council later this month for approval. Super Wal-Mart site is very active and they are looking at a target opening date of October or November. Wal-Mart will be hiring approximately 175 people in addition to the bringing over the existing employees from the other store. In response to a Commissioner question regarding the future of the existing Wal- Mart store/site, Mr. Snyder stated there is a three party agreement between Wal- Mart, Glimcher, Real Estate Properties, owner and operator of the mall, and the City of Auburn. The agreement specifies that either Wal-Mart or Glimcher, within 3 Planning Commission Meeting Minutes June 8, 2010 90 days of opening the Super Wal-Mart, exercise the option on development of the property. One of the two from the agreement must state they will be developing. The agreement set a specific time frame to develop because it is market driven; the concept being restaurant or retail or a combination thereof. In response to a Commissioner question Mr. Snyder noted that staff is working with Robertson Properties Group (RPG) to finalize a development agreement with RPG for ultimate review and approval by the City Council RPG. RRPG is also currently working on an addendum to the site Environmental Impact Statement (EIS) addressing the addition of 11 acres to its master plan. In response to a Commissioner question, Mr. Snyder noted that staff is not currently aware of the future status of the old Key Bank building Mr. Snyder added Mr. Oliphant is the owner of both the building and the property. Commissioner Mason asked Mr. Snyder if the buildings across the street along with the Marvel building would be demolished. Mr. Snyder stated only the Marvel building, next to Charlie Wong and Liquidators would be demolished later this year after completion of environmental hazards review and historical analysis for preservation. V. PUBLIC HEARINGS A. Proposed Amendments to Auburn City Code Title 17 (Subdivisions) Chair Roland opened the public hearing and requested staff provide a staff report prior to calling for public testimony. Kevin Snyder, Interim Planning and Development Director reported on the proposed amendments to Auburn City Code Title 17. In response to Senate Substitute Bill 6544 passed by the Washington State Legislature, modifications to certain sections of Title 17 as specified in the record are needed. Based on input from the City Attorney’s Office, the City is legally obligated to modify Title 17 regulations as they pertain to the current validity period of preliminary plat approvals and zoning validity after final plat approval. The following points were discussed: Currently our code and statute reads, “Once a preliminary plat is approved final plat approval must be brought before City Council for final plat approval within five years.” Once final plat approval is received under statute the zoning that is in effect at the time of final plat approval is valid for five years even if the zoning changes. For preliminary plat and final plat under Substitute Senate Bill 6544, the statute would change from five years to seven years up through 2014. Mr. Snyder addressed Exhibit 10, previously sent by email to the Commission, which proposes a modification to the language to the proposed text amendments. Mr. Snyder stated that the text as presented in Exhibit 10 would further clarify for the public and the record the intent of this time-limited modification to Title 17. 4 Planning Commission Meeting Minutes June 8, 2010 Mr. Snyder introduced Exhibit 11 that is an email correspondence from the Washington State Department of Commerce notifying the City we have received expedited review approval under the State’s GMA. Mr. Snyder introduced Exhibit 12 that is a copy of the Affidavit of Publication in the Seattle Times for this public hearing. Mr. Snyder explained an ordinance action by City Council will need to take place to amend Title 17. Mr. Snyder explained that if an owner/developer had preliminary plat or final plat approval three years ago they would be eligible for three one-year extensions beyond the five year initial period under existing city code. The proposed amendments to Title 17 are not intended to be retroactive. Extensions are discretionarily granted at the staff level. Mr. Snyder stated that after 2014 approval would only last five year unless the Washington State Legislature takes additional legislative action or the Auburn City Council takes separate ordinance action to maintain the seven year timeframe Mr. Snyder stated that ACC 17.09.120 is proposed by staff to be added to the short subdivision portion of Title 17 to ensure the final short plat period is the same as the final subdivision period, seven years of zoning validity. Mr. Snyder noted that if the Commission determines to take motion action staff recommends its motion action reference the inclusion of 17.09.120 within the amendments presented in Exhibit 10. Following the conclusion of the staff report, Chair Roland called for public testimony. There being no parties in attendance to speak for or against the public hearing item or provide general comment, Chair Roland closed the public hearing and asked for a motion and deliberation. Commissioner Peace moved and Commissioner Copple seconded a motion recommending approval of the Title 17 amendments inclusive of the staff recommended ACC 17.09.120 to the Auburn City Council. The Commission had no substantive deliberation on the motion before voting. MOTION CARRIED UNANIMOUSLY 8-0 B. Proposed Amendments to Auburn City Code Title 15 (Building & Construction) Chair Roland opened the public hearing and requested staff provide a staff report prior to calling for public testimony. Interim Planning and Development Director Kevin Snyder distributed the following exhibits before turning the staff report over to Building Official Rick Hopkins and Fire Marshal Jeff Stottlemyre: 5 Planning Commission Meeting Minutes June 8, 2010 Exhibit 9 is an email for the Washington State Department of Commerce certifying the City has met its GMA obligations. Exhibit 10 is the Affidavit of Publication from the Seattle Times showing the City has met the publication requirements for notice of public hearing. Exhibit 11 is a comment letter submitted by the Pierce County Health Department in response to the circulation of the City’s SEPA Determination of Non- Significance on this amendment. Staff just received this comment letter and has not been able to make contact with the referenced staff person. Mr. Snyder noted that any motion or action the Commission may consider taking this evening might want to contain a condition to obtain confirmation or additional information from the referenced staff at the Tacoma/Pierce County Health Department on any outstanding concerns and resolution thereof. Mr. Snyder explained the entire chapter of code was printed but certain chapters within Title 15 that will not be changed such as Chapter 15.68, Flood Plain Regulations, as well as other chapters. Mr. Snyder stated that where there are no strikeouts or changes and those chapters in Title 15 are not being amended. Mr. Hopkins stated Title 15 is being amended to adopt by reference the 2009 International Codes, remove redundancies and vagueness in the current Title and make limited minor local amendments to the International Codes. Mr. Hopkins stated that Text stricken within the document is considered redundant; it is provided in the International Codes and is not needed within the text of City Code. Mr. Snyder stated the City is legally obligated to adopt the International Codes as passed by the Washington State Building Code Council. The City can only make local amendments to those codes that do not reduce their regulatory power or intent. Mr. Stottlemyre, Fire Marshal, directed Commissioners to page 32, line item 23, specifying a local amendment to Fire Service Features by changing the language adding Appendix D, “Fire Apparatus Access Roads”, allowing the fire department access to buildings, commercial and residential buildings. Mr. Stottlemyre also explained the State of Washington does not adopt Chapter 5 of the International Fire Code. Mr. Stottlemyre directed Commissioners to page 32, line items 31 through 43 where it talks about “Fire Service Features” and explained he routinely has to go before Council to ask for and get adoption of Chapter 5 of the Fire Code. It is not adopted by the Washington State Building Council because of the distinctions of the State between the east side and west side. It is not mandated because in some urban areas specific code is necessary such as Chapter 5 whereas it is not needed on the east side so it is provided at a local level affecting Auburn. 6 Planning Commission Meeting Minutes June 8, 2010 Commissioner Chapman received clarification from Mr. Stottlemyre as he explained the City did not need the text that is stricken because it is stated in the International Building Code and reference is therefore made to the International Building Code making it easier and more streamlined for the architects and developers. Mr. Snyder suggested if the Commission makes a determination to make positive motion action tonight the Commission place a condition on the motion that staff complete its investigation of these comments from Tacoma/Pierce County Health Department and make appropriate modifications to the text that would be memorialized in the ordinance to be presented to City Council. Following the conclusion of the staff report, Chair Roland called for public testimony. There being no parties in attendance to speak for or against the public hearing item or provide general comment, Chair Roland closed the public hearing and asked for a motion and deliberation. Commissioner Peace moved and Commissioner Copple seconded to move this to City Council for approval of proposed amendments to the Auburn City Code Title 15, with the added condition that staff receive clarification from Tacoma/Pierce County Health Department on Swimming Pools and incorporate changes. The Commission had no substantive deliberation on the motion before voting. MOTION CARRIED UNANIMOUSLY 8-0 VI. OTHER BUSINESS The next meeting is scheduled for July 7, 2010 due to the July 4, 2010 holiday. VII. ADJOURNMENT There being no further business to come before the Planning Commission, Chair Roland adjourned the meeting at 8:15 P.M. 7