HomeMy WebLinkAbout11-17-2020 Minutes (2)
PLANNING COMMISSION
November 17, 2020
MINUTES
I. CALL TO ORDER
Chair Judi Roland called the meeting to order at 7:00 p.m. via Zoom due to Governor
Inslee’s “Stay Home, Stay Healthy” initiative due to the Covid-19 Pandemic and City
Ordinance No. 5533 which establishes the official meeting place, as virtual.
a.) ROLL CALL/ESTABLISHMENT OF QUORUM
Commissioners present: Chair Judi Roland, Commissioner Mason, Commissioner
Moutzouris, Commissioner Khanal and Commissioner Stephens.
Vice Chair Lee is Excused
Staff present: Jeff Dixon, Planning Services Manager; Anthony Avery, Senior Planner;
Thaniel Gouk, Senior Planner; Dustin Lawrence, Senior Planner; Doug Ruth, Assistant
City Attorney; Cecile Malik, Senior Transportation Planner; Jennifer Oliver,
Administrative Assistant.
Members of the public present: Bob Kenworthy, Auburn School District; Jeff Grose,
Auburn School District; Sally McLean, Federal Way School District
b.) PLEDGE OF ALLEGIANCE
II. APPROVAL OF MINUTES
A. November 4, 2020 – Regular Meeting Minutes
Commissioner Stephens moved and Commissioner Mason seconded to approve
the minutes from the November 4, 2020 meeting as written.
MOTION CARRIED UNANIMOUSLY. 5-0
III. PUBLIC HEARING
A. CPA20-0005, 2020 Annual Comprehensive Plan
Amendments – Specifically, City Initiated Plan Policy/Text &
Map Amendments, consisting of:
P/T #1- Auburn School district 2021-2026 Capital
Facilities Plan
P/T #2 – Derringer school District 2021-2026 Capital
Facilities Plan
P/T #3 – Federal Way School district 2021 Capital
Facilities Plan
P/T #4 – Kent School District 2020/2021- 2025/2026 Capital
Facilities Plan
PLANNING COMMISSION MEETING MINUTES November 17, 2020
P/T #5 – City of Auburn 2021-2026 Capital Facilities Plan
P/T #6 – Change Volume 5, Transportation Element (to be
incorporated by reference).
P/T #8 – Volume 1, Land Use Element and Volume 5,
Transportation Element (Plan). Amend comprehensive plan
policies related to operations of the Auburn Municipal Airport.
CPM #1 - Volume 5: Transportation Element: Several maps
found throughout Volume 5 have been updated to reflect
current conditions.
Senior Planner, Anthony Avery provided the staff report.
P/T #1 Auburn School District 2021-2026 Capital Facilities Plan
Chair Roland opened the public hearing for P/T #1 Auburn School district 2021-
2026 Capital Facilities Plan on November 17, 2020 at 7:16 p.m.
Bob Kenworthy, Auburn School District, addressed the Commission with a brief
discussion and background information regarding Auburn School District Capital
Facilities Plan 2020-2026.
The Auburn School District has provided the City with its annually updated Capital
Facilities Plan (CFP) covering from 2020-2026. The CFP was prepared by the
District staff and adopted by the Auburn School District School Board of Directors on
June 22, 2020 and has been subject to separate SEPA review and a Determination
of Non-Significance (DNS) prepared by the District. Information contained in the
School District CFP serves as the basis for the City’s collection of school impact fees
on behalf of the school district. The Planning Commission action is to incorporate
the Auburn School District Capital Facilities Plan into the City’s Comprehensive Plan
by reference.
The CFP includes the following:
six–year enrollment projections
Auburn school district level of service standards
An inventory of existing facilities
The district’s overall capacity of the 6-year period
District capital construction Plan
Impact fee calculations
A review of the Auburn School District’s updated Capital Facilities Plan indicates
the District is requesting a change in the fee obligations. The net fee obligation
for single-family dwellings is proposed to be $6,456.31, a decrease of $449.00
and the requested fee for multiple-family dwellings is $16,325.80, an increase of
$1,658.35. As the district recommended, and the city adopted last year, a
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PLANNING COMMISSION MEETING MINUTES November 17, 2020
discount between $2,000 and $10,000 per unit has been included in the request
based on the number of bedrooms per unit. The actual impact fees are
established by ordinance through subsequent City Council action.
The Commission asked for clarification on the impact fee discount for multifamily
and why it was structured that way. Mr. Kenworthy addressed the Commission
and explained a studio unit is very unlikely to generate one student where as a 4-
5 bedroom could generate 2-5 students attending schools. The School District
worked with the City on the fees and felt it was a fair way to structure the fees.
This was the same approach as last year.
The Planning Commission inquired about Lea Hill Elementary and if Elementary
#16 was the same school. Mr. Grose explained that those particular schools are
different. School #16 is brand new and is being developed in the Lea Hill area.
Commissioner Khanal asked where students would be attending during the
reconstruction of Lea Hill Elementary and Mr. Grose responded that students
would attend Elementary #16 for one year until Lea Hill Elementary is completed.
The Commissioners commented with the Covid-19 Pandemic going on and
more students switching over to home schooling, it seems like the attendance
would be trending down. They questioned if kids come back or go to private or
online schools, does that affect your budget or capital facilities plan. Mr.
Kenworthy replied that there is not a good sense yet on that. There is a small
percentage that is showing student attendance is down. Delaying the
construction program and the cost to reinstate it would be significantly more then
what is covered by the School Bond that is currently in place. The long haul
shows continued growth in the Auburn area.
The Planning Commission asked if the funds from the levy that was passed in
2018 are being used for the current construction on schools. Mr. Kenworthy
replied that they are not and that the funds for the Levy are general operating
budget. With a 4 year levy, they are renewable and goes into a general fund.
All of the current schools being replaced are funded by a bond issued.
Asking three times and with no other public testimony, Chair Roland closed the
public hearing at 7:25 p.m.
The Commission asked if with the Pioneer Elementary school reconstruction would it
keep the name as Pioneer or be changed. Mr. Grose confirmed that the name would
remain and be unchanged in 2021.
With no other questions from the Commission, the Commission deliberated.
Commissioner Stephens moved and Commissioner Khanal
seconded to recommend approval of Comprehensive Plan 2020
Amendment P/T #1- Auburn School district 2021-2026 Capital
Facilities to City Council.
Motion Passed 5-0
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PLANNING COMMISSION MEETING MINUTES November 17, 2020
P/T#2 Derringer School District 2021-2026 Capital Facilities Plan
Chair Roland opened the public hearing for P/T #2 Derringer school District
2021-2026 Capital Facilities Plan on November 17, 2020 at 7:27 p.m.
The Dieringer School District has provided the City with its annually updated Capital
Facilities Plan 2021 - 2026. The CFP was adopted by the Dieringer School District
Board of Directors on August 17, 2020. The CFP has been subject to separate
SEPA review and a DNS prepared by the District. Information contained in the
School District CFP serves as the basis for the City’s collection of school impact fees
on behalf of the school district. The Planning Commission action is to incorporate the
School District Capital Facilities Plan into the City’s Comprehensive Plan by
reference.
The CFP includes the following:
Overview
An inventory of existing facilities
six–year enrollment projections
standard of service
Capacity projects
Finance plan
Impact fee calculations
A review of the Dieringer School District’s updated Capital Facilities Plan
indicates the District is requesting a change in the fee obligations. The net fee
obligation for single-family dwellings is proposed to be $7,729, and the requested
fee for multiple family dwellings is $3,514.00. By draft ordinance working through
the approval process, Pierce County Council is proposed a county-wide fee
“capped” by a “Maximum Fee Obligation” (MFO) which changes annually based
on the Construction Cost Index published by the Engineering News Record. The
previous year’s MFO for single family development was $3,216 and the MFO for
multi-family development was $450. The actual impact fees are established by
ordinance through subsequent City Council action.
The Commission inquired how many schools are in the Dieringer School District in
Auburn and staff responded that there are none however there are residents that live
in the City of Auburn whose children would attend Dieringer School District. Staff
presented a map to show the Commission of the district boundaries and city
boundaries.
Asking three times and with no other public testimony, Chair Roland closed the
public hearing at 7:32 p.m.
With no other questions from the Commission, the Commission deliberated.
Commissioner Stephens moved and Commissioner Khanal seconded
to recommend approval of Comprehensive Plan 2020 Amendment
P/T #2 – Dieringer School District 2021-2026 Capital Facilities
Plan to City Council.
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PLANNING COMMISSION MEETING MINUTES November 17, 2020
Motion Passed 5-0
P/T #3 Federal Way School District’s updated Capital Facilities Plan
Chair Roland opened the public hearing for P/T #3 Federal Way School District’s
updated Capital Facilities Plan on November 17, 2020 at 7:33 p.m.
Sally McLean, addressed the Commission with a brief background and discussion on
the Federal Way School District 2021 Capital Facilities Plan for the City of Auburn
Comp Plan.
The Federal Way School District has provided the City with its annually updated
Capital Facilities Plan 2021. The CFP was adopted by the Federal Way School
District School Board July 28, 2020. The CFP has been subject to separate SEPA
review and a DNS prepared by the District. Information contained in the School
District CFP serves as the basis for the City’s collection of school impact fees on
behalf of the school district. The Planning Commission action is to incorporate the
School District Capital Facilities Plan into the City’s Comprehensive Plan by
reference.
The CFP includes the following:
Introduction
Inventory of educational facilities & non-instructional facilities
Needs forecast, existing & new facilities
Six–year finance plan
Maps of district boundaries
Building capacities & portable locations
Student forecast
Capacity summaries
Impact fee calculations
Summary of changes from the previous year’s plan
A review of the Federal Way School District’s updated Capital Facilities Plan
indicates the District is requesting a change in the fee obligations. The net fee
obligation for single-family dwellings is proposed to be $3,243, representing a
decrease of $1,792.00 and the requested fee for multi-family dwellings is
$16,003.00, a decrease of $4,765.00. The actual impact fees are established by
ordinance through subsequent City Council action.
The Commission inquired that with all of the new construction going on in
Federal Way with the Sounder link light rail station, is there any impacts or
adjustments in terms of schools that need to be done to the capital facilities plan
for schools. Ms. McLean said that the Capital Facilities Plan or School Impact
Fees would not be directly affected. However, Federal Way link extension will be
nd
running parallel with Mark Twain Elementary School whose site is near 272 and
nd
the boundaries between Federal Way and Kent at 272 Street near I-5. The link
light rail extension will run right near that elementary school and that has been a
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PLANNING COMMISSION MEETING MINUTES November 17, 2020
conversation over many years to seek appropriate coordination and mitigation for
that impact.
Asking three times and with no other public testimony, Chair Roland closed the
public hearing at 7:41 p.m.
Commissioner Khanal moved and Commissioner Stephens seconded
to recommend approval of Comprehensive Plan 2020 Amendment
P/T #3 – Federal Way School district 2021 Capital Facilities Plan
to City Council.
Motion Passed 5-0
P/T #4 Kent School District 2020/2021- 2025/2026 Capital Facilities
Plan
Chair Roland opened the public hearing for P/T #4 Kent School District
2020/2021- 2025/2026 Capital Facilities Plan on November 17, 2020 at
7:43p.m.
The Kent School District has provided its annually updated 2020-2021 to 2025-2026
Capital Facilities Plan. The CFP was adopted by the Kent School District School
Board on June 24, 2020 and has been subject to separate SEPA review and a DNS
prepared by the District. Information contained in the School District CFP serves as
the basis for the City’s collection of school impact fees on behalf of the school
district. The Planning Commission action is to incorporate the School District Capital
Facilities Plan into the City’s Comprehensive Plan by reference.
The CFP includes the following:
Executive Summary
Six-year enrollment projection & history
District standard of service
Inventory, capacity & maps of existing schools
Six-year planning & construction plan
Portable classrooms
Projected classroom capacity
Finance Plan, cost basis and impact fee schedules
Summary of changes to previous plan
A review of the Kent School District’s updated Capital Facilities Plan indicates the
District is requesting a change in the fee obligations. The net fee obligation for
single-family dwellings is proposed to be $5,692.85, representing an increase of
$138.85 and the requested fee for multi-family dwellings is $2,403.63, an
increase of $58.63. Both increases are tied to the Consumer Price Index (CPI) of
2.5% for the Seattle Metropolitan Area in 2020. The actual impact fees are
established by ordinance through subsequent City Council action.
Asking three times and with no other public testimony, Chair Roland closed the
public hearing at 7:44 p.m.
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PLANNING COMMISSION MEETING MINUTES November 17, 2020
Commissioner Stephens moved and Commissioner Khanal seconded to
recommend approval of Comprehensive Plan 2020 Amendment P/T #4 –
Kent School District 2020/2021- 2025/2026 Capital Facilities Plan to City
Council.
Motion Passed 5-0
P/T #5 City of Auburn 2021-2026 Capital Facilities Plan
Chair Roland opened the public hearing for P/T #5 City of Auburn 2021-2026
Capital Facilities Plan on November 17, 2020 at 7:46 p.m.
A Capital Facilities Plan is one of the comprehensive plan elements required by the
Washington State Growth Management Act (GMA) (RCW 36.70A). The GMA
requires that a capital facilities plan include an inventory of existing capital facilities
(showing locations and capacities), a forecast of future needs for such capital
facilities, proposed locations and capacities of new or expanded capital facilities, and
a minimum of a six-year plan to finance capital facilities with identified sources of
funding. The proposed City of Auburn 6-year Capital Facilities Plan 2021-2026
satisfies the GMA requirements for a capital facilities element as part of the
Comprehensive Plan.
Each comprehensive plan prepared under the GMA must include a capital facilities
plan element. More specifically, RCW 36.70A.070(3) of the GMA requires the
following:
“A capital facilities plan element consisting of:
(a) An inventory of existing capital facilities owned by public entities, showing
the locations and capacities of the capital facilities;
(b) a forecast of the future needs of such capital facilities;
(c) the proposed locations and capacities of expanded or new capital
facilities;
(d) at least a six-year plan that will finance such capital facilities within
projected funding capacities and clearly identifies sources of public money for
such purposes; and
(e) a requirement to reassess the land use element if probable funding falls
short of meeting existing needs and to ensure that the land use element,
capital facilities plan element, and financing plan within the capital facilities
plan element are coordinated and consistent. Park and recreation facilities
shall be included in the capital facilities plan element.”
A capital facility is defined as a structure, street or utility system improvement, or
other long-lasting major asset, including land. Capital facilities are provided for
public purposes. Capital facilities include, but are not limited to, the following:
streets, roads, highways, sidewalks, street and road lighting systems, traffic signals,
domestic water systems, storm and sanitary sewer systems, parks and recreation
facilities, and police and fire protection facilities. These capital facilities include
necessary ancillary and support facilities.
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PLANNING COMMISSION MEETING MINUTES November 17, 2020
The City of Auburn 6-year Capital Facilities Plan 2021-2026 is proposed to be
incorporated by reference in the Comprehensive Plan, Capital Facilities Element
(Volume No. 3).
Asking three times and with no other public testimony, Chair Roland closed the
public hearing at 7:51 p.m.
With no other questions from the Commission, the Commission deliberated.
Commissioner Stephens moved and Commissioner Khanal seconded to
recommend approval of Comprehensive Plan 2020 Amendment P/T #5 –
City of Auburn 2021-2026 Capital Facilities Plan to City Council.
Motion Passed 5-0
P/T #6 Change Volume 5, Transportation Element
Chair Roland opened the public hearing for P/T #6 Change Volume 5,
Transportation Element on November 17, 2020 at 7:54p.m.
Key Changes/Points:
As part of the 2020 Annual Comprehensive Plan Amendments, the city seeks to
change the Comprehensive Plan to update the Transportation Element (Chapter).
The main changes to the Comprehensive Plan document include:
Update Transportation Improvement Program (TIP) information/project list;
Re-designate multiple capital projects from the TIP (funded) to the
Comprehensive Plan (unfunded) to maintain continuity in the future
transportation network conditions.
Update maps as needed to reflect current data and conditions (addressed by
CMP#1, below);
Additional minor changes will relate to grammar, punctuation, choice of words,
etc.
In addition to the strike through and underline in the working binder, a memorandum
prepared by Cecile Malik, Senior Transportation Planner, for the Planning
Commission is included in the working binder behind the “Comp. Plan Policy/Text
Amendments” tab. The memorandum provides the summary of text changes.
Asking three times and with no other public testimony, Chair Roland closed the
public hearing at 7:59 p.m.
With no other questions from the Commission, the Commission deliberated.
Commissioner Stephens moved and Commissioner Khanal seconded to recommend
approval of Comprehensive Plan 2020 Amendment P/T #6 – Change Volume 5,
Transportation Element to City Council.
Motion Passed 5-0
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PLANNING COMMISSION MEETING MINUTES November 17, 2020
P/T #8 Volume 1, Land Use Element and Volume 5, Transportation
Element (Plan). Amend comprehensive plan policies related to
operations of the Auburn Municipal Airport.
Chair Roland opened the public hearing for P/T #8 Volume 1, Land Use Element
and Volume 5, Transportation Element (Plan). Amend comprehensive plan
policies related to operations of the Auburn Municipal Airport on November 17,
2020 at 8:01 p.m.
Existing comprehensive plan policies do not sufficiently protect the operations of the
Auburn Municipal Airport, and do not provide the City sufficient authority to ensure
development around the airport is coordinated and consistent with the Airport Master
Plan. Policies are currently being evaluated as to whether they:
Protect the operations of the Auburn Municipal Airport (the “airport”);
Prevent or promote incompatible land uses around the airport;
Ensure that development around the airport is coordinated and consistent with
the Airport Master Plan;
Protect the airport from nonconforming uses and structures that pose a safety
concern to airport operations;
Provide the authority to review the impact of development on air safety;
Are clearly defined and clearly understood, or open to a wide degree of
interpretation; or
Use outdated language
In addition to the strike through and underline in the working binder, a memorandum
prepared by Alexandria D. Teague, Planner II, for the Planning Commission is
included in the working binder behind the “Comp. Plan Policy/Text Amendments” tab.
The memorandum explores the background and economic impact, external planning
considerations, and city’s authority and conclusion regarding the proposed changes.
The proposed text amendments are intended to create a stronger connection
between the Airport Master Plan and the comprehensive plan, allow for the mitigation
of nonconforming uses, standardizing terminology and improving the clarity of policy
language, recognizing the significance of the airport for economic development, and
discouraging the development of incompatible land uses adjacent to the airport.
The Commission inquired if this was reviewed by the Federal Aviation
Administration (FAA) and Staff responded that it did not, that a SEPA requirement is
that it was noticed to Washington State Dept. of Transportation (DOT) Aviation
Division for Comprehensive Plan review and there was no comments were received
in response from the WA State DOT Aviation division. The FAA doesn’t have
jurisdiction for the “off” regulations for the airport where as they have jurisdiction for
the “on” portions of the airport. As a result, they are not likely to review.
Asking three times and with no other public testimony, Chair Roland closed the
public hearing at 8:08 p.m.
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PLANNING COMMISSION MEETING MINUTES November 17, 2020
With no other questions from the Commission, the Commission deliberated.
Commissioner Khanal moved and Commissioner Stephens seconded to
recommend approval of Comprehensive Plan 2020 Amendment P/T #8 –
Volume 1, Land Use Element and Volume 5, Transportation Element (Plan).
Amend comprehensive plan policies related to operations of the Auburn
Municipal Airport to City Council.
Motion Passed 5-0
CPM #1 CPM#1- Volume 5: Transportation Element: Several maps
found throughout Volume 5.
Chair Roland opened the public hearing for CPM#1- Map Amendment Volume 5:
Transportation Element: Several maps found throughout Volume 5 on
November 17, 2020 at 8:11 p.m.
This proposed amendment updates a number of maps found throughout the
city’s Comprehensive Transportation Plan, which is adopted by reference in the
City of Auburn Comprehensive Plan. This is consistent and in conjunction with
P/T #6. The changes are shown in the working binder behind the “Comp. Plan
Map Amendments” tab.
A map was provided on screen to the Commission.
(This is the same topic as text amendment P/T #7, but is repeated as a map
amendment since it requires revision to both the text and map of the
comprehensive plan document. See discussion and analysis under text
amendment P/T #6.)
Planning Commission to recommend approval of a map amendment to move thirteen
(13) maps from the Comprehensive Transportation Plan, adopted as a reference to
the City of Auburn Comprehensive Plan, into a single appendix (B) to the
Comprehensive Transportation Plan. Additionally, updates to reflect the most current
data as identified in a staff memorandum presented to Planning Commission on
October 6, 2020, and included within the working binder behind the “Comp Plan
Policy/Text Amendments” tab associated with P/T #6.
The Commission inquired if this map was updated every year and Staff responded
that it is not and that it hasn’t been for many years. There were minor updates last
year as well as this year, and Staff felt that some of those changes were significant
enough for updates to the Comprehensive Plan.
Asking three times and with no other public testimony, Chair Roland closed the
public hearing at 8:16 p.m.
With no other questions from the Commission, the Commission deliberated.
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PLANNING COMMISSION MEETING MINUTES November 17, 2020
Commissioner Khanal moved and Commissioner Stephens seconded to
recommend approval of Comp Plan 2020 map amendment CPM #1 - Volume 5:
Transportation Element: Several maps found throughout Volume 5 are
being updated to reflect current conditions to City Council.
Motion Passed 5-0
B. CPM #2 ,CPA20-0001 & REZ20-0001 - Request by Auburn
School District to change the designation of King Co. Parcel No.
2121059042 totaling approximately 2.19 acres and located on the
north side of Auburn Way South approximately 400 feet west of
Noble Court SE from "Multiple-Family Residential" to
"Institutional" and related rezone from “R-20, Residential 20
dwelling units per acre” to “P-1, Public Use”.
Chair Roland opened the public hearing for CPM #2 ,CPA20-0001 & REZ20-
0001 - Request by Auburn School District to change the designation of King
Co. Parcel No. 2121059042 totaling approximately 2.19 acres and located on
the north side of Auburn Way South approximately 400 feet west of Noble
Court SE from "Multiple-Family Residential" to "Institutional" and related rezone
from “R-20, Residential 20 dwelling units per acre” to “P-1, Public Use” on
November 17, 2020 at 8:17 p.m.
Senior Planner, Anthony Avery provided the staff report.
The Applicant, Camie Anderson of Shockey Planning Group, representing Jeff
Grose of the Auburn School District, submitted applications for a Comprehensive
Plan map amendment (File No. CPA20-0001) and a related re-zone (File No.
REZ20-0001). More specifically, the applications request a change in the
designation of the parcel consisting of approximately 2.19 acres from the current
designation of “Multiple-Family” to “Institutional” and a re-zone from “R-20
Residential – Twenty Dwelling Units per Acre” to “P-1 – Public Use District”. The
Applicant identifies that this is a non-project action.
The Site, comprised of one parcel, is located on the north side of Auburn Way S
and approximately 400 feet west of Noble Court SE, addressed as 3440 Auburn
Way S. The parcel is identified as King County parcel numbers 212105-9042.
Jeff Grose from the Auburn School District (ASD), addressed the Planning
Commission with brief comments: The parcel referenced in the staff report is
adjacent to Chinook Elementary School. The school is being replaced under a
school issued bond program. The school is past its useful life and there is a need to
build a larger school to accommodate over- crowding. The parcel under
consideration is needed for school district’s use for a number of reasons: it will allow
for a larger school as notes before, it will allow the ASD to increase the on-site
parking which reduce impact on neighborhoods, and it will help ASD improve the
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PLANNING COMMISSION MEETING MINUTES November 17, 2020
entry/access onto to the site. Mr. Grose thanks the Commission and reiterated that
he was here for any questions.
Commissioner Stephens inquired if the ASD has already acquired the property and
Mr. Grose confirmed that they had. The Commission asked if anything was on the
property as of now and Mr. Grose confirmed that there is a single family residence
and a four-plex apartment building.
Asking three times and with no other public testimony, Chair Roland closed the
public hearing at 8:23 p.m.
With no other questions from the Commission, the Commission deliberated.
Commissioner Stephens moved and Commissioner Moutzouris seconded to
recommend approval of Comprehensive Plan 2020 Amendment CPM #2
,CPA20-0001 & REZ20-0001 - Request by Auburn School District to
change the designation of King Co. Parcel No. 2121059042 totaling
approximately 2.19 acres and located on the north side of Auburn Way
South approximately 400 feet west of Noble Court SE from "Multiple-Family
Residential" to "Institutional" and related rezone from “R-20, Residential 20
dwelling units per acre” to “P-1, Public Use” to City Council.
Motion Passed 5-0
C. Continued Public Hearing for code amendments for wireless
communication facilities, ZOA20-0005. Changing Title 17, 'Land
divisions and adjustments' & Title 18, 'Zoning' The purpose of
the changes are to modernize the code in response to changes
in state & federal regulations.
Commissioner Khanal excused himself from this portion of the meeting due to
a conflict of interest with his employer.
Staff explained the City is systematically initiating changes to various city code
sections to address consistency with changes in state & federal law requirements
and to reflect changes in wireless communication technology among other minor
changes. Due to the highly technical and litigious nature of the subject, the City
hired a legal consultant specializing in the subjects of wireless communication
and ROW permitting of franchises and that is familiar with the results of court
decisions. The City Legal Dept., Public Works Dept., and Community
Development Dept. staff has been working with this consultant over the last year
on drafting code changes.
Based on this code drafting, the City is simultaneously proposing to amend code
sections affecting public right-of-way franchises, and right-of-way use permits
among others and these changes are not the subject of Planning Commission
consideration since they primarily address the subject of city rights-of-way.
However, the city is proposing to amend city code section, Title 17 ‘Land
Adjustment and Divisions’ (the subdivision code) and Title 18 ‘Zoning’ which are
subject to review and recommendation by the Planning Commission.
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PLANNING COMMISSION MEETING MINUTES November 17, 2020
At the Planning Commission’s October 20, 2020 regular meeting, staff introduced,
described, and presented these code changes that were shown in writing by
strikeout (deletions) and underline (additions).
Subsequently, the code changes were scheduled for a public hearing on
November 4, 2020. Prior to this hearing, the City received two sets of comments
and associated cover letters from representatives of wireless carriers, Verizon
and AT&T. The cover letters and sets of markups were e-mailed to the
commission members in advance of the public hearing. At the conclusion of the
public hearing the Planning Commission voted to close the record and continue
the public hearing to their November 17, special meeting.
Again, due to the large volume of comments, the highly technical nature of the
comments, the need to research and confer with the city’s consultant and other
departments, the city has not had time to fully consider the significance and
evaluate all the comments, the city staff is again requesting, that the hearing be
continued to the December 8, 2020 regular meeting to be held virtually starting at
7:00 pm.
Commissioner Stephens motioned and Commissioner Moutzouris seconded to
continue the Public Hearing for Continued Public Hearing for code
amendments for wireless communication facilities, ZOA20-0005. Changing
Title 17, 'Land divisions and adjustments' & Title 18, 'Zoning' The purpose of
the changes are to modernize the code in response to changes in state &
federal regulations and will be continued on December 8, 2020 regular meeting
held virtually starting at 7:00 p.m.
IV. COMMUNITY DEVELOPMENT REPORT
Planning Services Manager, Jeff Dixon reported that Mayor Backus
announced that staff wouldn’t be reporting back to the offices until April,
2021 but that this could be subject to change with changes in circumstances
to the Covid Pandemic.
An update to the Commission on the Sound Transit Parking Garage is that
Sound Transit is still pursuing the development of the new parking garage
and continue to make progress but at a slower schedule at the present time.
V. ADJOURNMENT
There being no further business to come before the Planning Commission, Chair
Roland adjourned the meeting at 8:34 p.m.
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