HomeMy WebLinkAbout11-12-1996MINUTES OF PLANNING AND COMMUNITY DEVELOPMENT COMMITTEE
NOVEMBER 12, 1996
The regular meeting of the Planning and Community Development Committee was held November 12, 1996 in the
Council Work Area. Those members in attendance were as follows:
MEMBERS PRESENT: Trish Borden, Rich Wagner and Sue Singer
STAFF PRESENT:
Paul Krauss, Lynn Rued, Bob Sokol, Lisa Clausen, Dwight Holobaugh, Diane Supler,
Dick Deal, Andy Waters, and Patti Zook
ALSO PRESENT:
Mayor Charles Booth: Jeanne Barber; Nancy Colson, Library Board
The meeting was called to order by Committee Chair Borden at 7:30 p.m.
1. Ordinance No. 4922 - Acceptance of Donations
Mr. Deal presented the staff report. The ordinance would allow the City to accept donations to be used by the Parks
and Recreation Department for its programs during the year. The special populations program is the largest
recipient of the donations. A donation ordinance is now required to accept the funds.
Councilmember Singer asked if it is necessary to adopt a new ordinance every quarter. Ms. Supler said there is no
way to plan or to budget for the donations.
Councilmember Wagner made a motion, seconded by Councilmember Singer, to recommend approval of the
ordinance. Chairman Borden concurred.
2. Resolution No. 2780 - Legislative Agenda
Ms. Clausen provided background information relating to the versions of the legislative agenda. She reviewed
exhibit A and pointed out the latest revisions. The Finance Committee reviewed the document and suggested two
changes which Ms. Clausen discussed.
Chairman Borden wanted clarification regarding the tax-exempt revenue producing entities mentioned on page 2.
Ms. Clausen said that some cities have a problem with maintaining services for these revenue producing entities,
such as the tribes.
Councilmember Wagner asked how this legislative agenda compared with the Association of Washington Cities
legislative agenda. He asked if any items were out of step with their agenda. Ms. Clausen said that the City's
legislative agenda tracks well with the general concepts of the AWC legislative agenda. The City's agenda
emphases specific issues such as limiting liability for skateboarding or inline skating, water resources, and
opposition to contract for public health.
Councilmember Wagner made a motion, seconded by Councilmember Singer, to recommend approval of the
resolution. Chairman Borden concurred.
3. ANX0001-96 - Stewart
Mr. Rued reminded the PCDC that this annexation was reviewed at the last meeting and tabled in order to review
information received. Staff recommends that the Council authorize the Planning Department to prepare the
annexation petition for circulation.
Mr. Krauss mentioned a letter addressed to the Mayor and Council from the developer discussing how much of the
project would be office space and number of people working at the complex. He explained that the project is not
being approved, the developer was notifying the City of their plans for the property after annexation.
Mr. Rued explained that the first decision to be made is whether or not the property should be annexed to Auburn.
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Councilmember Wagner said that he was concerned about commercial development in the area. He does not
support the idea of commercial at the location.
Mr. Rued said the plan makes a lot of sense to staff because an industrial zone is located to the south. King County
was not contacted to f'md out what their plans are for the area.
Councilmember Singer asked if the property remains in King County would the development be denied. Mr. Rued
said that the County may be obligated not to zone more intensely.
Chairman Borden asked what the zoning would be if the property were annexed in Auburn. Mr. Rued said that the
property would assume the City's R-I zoning designation. The developer would have to apply for a rezone and
Comprehensive Plan map change if he wished to go forward with the plans.
Chairman Borden asked what they want the zoning change to be. Mr. Rued said most likely to light industrial.
Chairman Borden asked if the developer could change the use from the immigration facility to a correctional
facility. Mr. Rued pointed out that the facility would be privately run. The City could put a condition on the
contract rezone to address this.
Chairman Borden asked what the detainees would be held for. The Mayor said the people are illegal immigrants
awaiting disposition of their cases, which likely would be deportation.
Chairman Borden said the booklet received from the developer did not contain much information. She agrees with
Councilmember Wagner, and she is not supportive of the annexation request.
Councilmember Singer said she did not have a problem with the annexation, it was the proposed use that bothers
her.
There was a brief discussion how how to word the motion. Councilmember Wagner, made a motion, seconded by
Chairman Borden, to reject the request to circulate the annexation petition.
4. Zoning Ordinance Amendments - Adult Uses
Mr. Rued provided information on the dispersion requirements. He showed the showed current map which and
explained that the City would lose a court case because the permitted areas were too restrictive. He spoke about the
one mile buffer for schools. He showed a revised map which depicted gray areas for permitted uses, and explained
that this map should hold up in court if challenged. He discussed the Interurban Trail and whether it should be an
exclusionary area. The City Attorney recommended not including the Trail as exclusionary because it is a linear
facility. The Trail is not considered a park because people are transient along its length. He explained that if an
adult use is proposed near the Trail, at the time of the conditional use permit, conditions can be placed on it to shield
from the Trail. He explained the other changes in the Zoning Ordinance had to do with adult book stores video
stores because these do not have the same secondary impacts as theaters or clubs. Video stores and bookstores can
locate anywhere if the zoning is appropriate. He provided information about Tukwila's Supreme Court case which
they lost.
Councilmember Singer asked about a compromise on the Trail for a 250 foot to 500 foot buffer. Mr. Krauss
discussed this, and explained the two sides to the theory. Enough land has to be available to support the use. The
entire length of the trail is separated from other uses by the railroad tracks and embankment. The west side of the
Trail has a power line easement with setbacks. No current buildings are oriented to the Trail. Mr. Krauss stated that
the draft ordinances are based on other cities' ordinances which have passed the tests.
Chairman Borden said that she appreciated staff's extensive work on this tOpic.
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Councilmember Wagner made a motion, seconded by Councilmember Singer, to recommend approval of the
Zoning Ordinance amendments relating to adult uses. Chairman Borden concurred.
5. 1996 Comprehensive Plan Amendments
Mr. Sokol provided background information. The Planning Commission conducted a public hearing on November
5 and recommended approval. He explained the once per year amendment process. He briefly reviewed the four
amendments proposed. He explained that staff has had ongoing discussions regarding LU-74. Staff feels that while
this policy accurately reflects the intent of the City Council when mall was rezoned, some clarifications could be
made regarding uses near the mall and what is considered "land near mall". Staff tried to reach a compromise with
Hapsmith to resolve differences; however, language could not be agreed upon which staff felt accurately reflected
Council's intent. Staff will ask for guidance from the Council regarding LU-74. There is ongoing litigation
pertaining to this policy. Staff is concerned with public input tonight because of the litigation and also because of
the upcoming public hearing before the Council. Other parties of interest are involved and they should be allowed
to speak at the public hearing on December 2nd.
Chairman Borden wanted to clarify that staff wants to call for a public hearing tonight, and take comments at the
time of the public hearing. Mr. Sokol said this is correct. He said that Policy LU-74 was adopted with the
Comprehensive Plan amendments in April 1995, with additional amendments done last during the annual review.
Mr. Krauss explained that the notification was not all it should have been. The SuperMall did not have an
opportunity to discuss the Policy at that time. Staff has tried to work out the differences repeatedly, but failed to
reach terms. The SuperMall attorney has their proposal tonight. The Committee can hear his proposal, but not
discuss tonight, just pass the record on to the Council for their public heating.
John Keegan, Davis Wright Tremain, attorney for the SuperMalt, distributed a handout sheet to the Committee. He
said this is the first time that Hapsmith can address the Council regarding this.
Chairman Borden agreed with staffthat any discussion should be limited to the public hearing. She recalled a
strong interest on the part of Council to limit development around the mai1. Policy LU-74 should speak to this
clearly.
Councilmember Wagner also recalled that Council's feelings on this were very strong, though not unanimous, to
prevent proliferation of commercial development.
Councilmember Singer asked for the status regarding the neighborhood commercial zoning issue that she requested
be brought forward for review and possible amendment. Mr. Krauss stated that this had not been dealt with, and
would be problematic to present to Council at the December 2nd meeting. Notices need to be sent to the property
owners with this designation. The Zoning Ordinance change can be done more easily because it can be revised at
any time.
Mr. Sokol advised the Committee that this designation must be consistent with the Comprehensive Plan.
Mr. Rued reiterated that it is much easier to change development standards for the district, such as adding more
uses. The district now has strict standards for development; and any revision to the district would change the
character of the zone.
Councilmember Singer said she thought the zoning district was overly restrictive for the neighborhood. Mr. Krauss
said that staff would look at this zoning district at the first of the year.
Councilmember Singer asked for more information regarding the drive in special plan area.
Mr. Krauss explained that staff has been working with four to five large property owners who are asking for an LID
to complete 'T' Street and infrastructure improvements. The Port of Seattle is considering part of the area as
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NOVEMBER 12. 1996
wetland mitigation for the third runway. Staff is working on coordinating drainage issues on the properties, to
regulate the drainage basin and dedicate to City. The Comprehensive Plan does not reflect the desires of the
property owners.
Mr. Sokol said that staff will contact more property owners in the proposed special area. An open house to discuss
this issue was held about a month ago and well attended. The property owners were made aware of what is planned
in the area. The Comprehensive Plan as currently written emphasizes that more commercial development would be
appropriate if South 277th is constructed.
Councilmember Wagner wanted to clarify that the zoning does not change if the area becomes a special plan area.
Mr. Sokol said that the zoning would not change as a result of the proposed amendments.
Councilmember Wagner said there is not a section on capital improvements in the 1996 Lakeland Supplement to the
Water Plan. Mr. Holobaugh, Utilities Engineer, said that section does exist now and he can provide copies to the
Committee.
Councilmember Singer made a motion; seconded by Councilmember Wagner, to recommend approval of the
proposed amendments. Chairman Borden concurred.
6. Jade House Liquor License
The liquor license violation was transmitted to the Committee for their information.
7. Retroactive Public Hearing for Water/Sewer Certificates
Mr. Sokol provided background information regarding this procedure. The City has signed nine annexation
agreements for water/sewer certificates prior to the establishment of our public hearing process and the July, 1995
legal requirement that one be held. The City Attorney has recommended that public hearings be held at the next
PCDC meeting.
8. Library. Interl0cal
Mr. Deal shared a schedule at last PCDC meeting and said there is the possibility to still meet this schedule. The
Library Board met and reviewed the interlocal agreement. They shared their concerns with staff. Mr. Deal and Ms.
Supler met with King County staff on Thursday to discuss several issues. He does not foresee any stumbling
blocks. He discussed the portion of the interlocal agreement that deals with library staff. Many benefits will be
available to staff, but one downside concerns insurance coverage. King County wants to meet with library staff
one-to-one to discuss staff positions and other matters.
Andy Waters, Library Director, explained the primary issue is clarification of language in the agreement to tighten
up certain wording. The current language is too vague pertaining to long time employees.
Mr. Deal said that he rescheduled the Library Board meeting to next week in order to transmit this draft item to
PCDC tonight. Mr. Deal distributed a draf~ ordinance for annexation to the King County Library System. He also
distributed a draft resolution for the interlocal agreement.
Councilmember Wagner asked about the difference of figures in the architect's report and what is contained in the
special minutes. Mr. Deal explained that the approximate figure is $200 per square foot. The building itself is
about $125 per square foot. King County wants to add to the collection. Any needed technical improvements is an
additional expense to be included. They do not have a good estimate on what the offsite improvements costs would
be. The predesign phase should tighten up these figures. King County is interested in expanding the library's
visibility on Auburn Way South. They are also considering acquiring parcels on Auburn Way South for the
entrance.
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Chairman Borden said that she wants a facility larger than 15,000 square feet.
A discussion occurred regarding the likelihood of King County paying for the land, increasing the building size
beyond the 15,000 square feet, and what King County's contribution would cover.
Chairman Borden asked what is King County's incentive in having a larger building. Mr. Deal said when King
County takes over in January, 1998 they take over all library services. The County does not want to do something
that will be unpopular with the community.
Chairman Borden said the Library District has some has some financial constraints, and wondered about them
having the financial ability to put more money in a larger building. Mr. Deal said this may hinge what the assessed
valuation is.
Chairman Borden about the term 'resource size library" and what the minimum size for this is. Mr. Waters says the
size is up to 20,000 square feet. Mr. Deal reviewed the figures contained in the architect's report.
Nancy Colson, Library Board, said the Library Board had lots of discussion at their last meeting regarding these
items. The members expressed concern about not exceeding $4 million. They were concerned about the phrase
"not more than". The building square footage needs to be maximized as much as possible. The 15,000 square foot
is a minimum, and that there is space for library-related events such as lectures and discussions. The Board id not
want to have a building that would be out of date right after construction. There needs to be a plan for the
building's expansion in the future.
A discussion occurred on what type of language should be in the documents to avoid cost overruns, the need for an
absolute figure for the building square footage, cost of off-site improvements, and when bonds could be sold.
Mr. Deal spoke about the possibility of acquiring grants or corporate contracts. The Mayor said this is easier to do
if we have money and they match the amount.
Councilmember Wagner asked about the employees transition and the cash out of pocket for the city. Ms. Supler
said discussions have begun about transferring the existing sick leave balances. Staffneeds to meet with the Human
Services Director to resolve issues relating to this.
A discussion occurred regarding transferring employee time accumulation to King County, and how this relates to
value in dollars.
A lengthy discussion occurred regarding changes to the proposed interlocal agreement. Committee members
proposed changes which will be incorporated in the document forwarded to Council.
Ms. Colson informed the Committee about two potential library closure periods because of document relabeling and
actual library set up of services.
Mr. Deal informed the Committee that the County will need to review changes made to the documents this evening.
The Mayor suggested that the Committee and Ms. Colson receive fax copies of changes to the ordinance and
resolution.
With no further items to come before the Committee, the meeting was adjourned at 9:30 p.m.
PCDCLMIN~ 11A-96
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