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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. PAGE 1 MINUTES OF PLANNING AND COMMUNITY DEVELOPMENT COMMITTEE NOVEMBER 12, 1996 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. PAGE 2 MINUTES OF PLANNING AND COMMUNITY DEVELOPMENT COMMITTEE NOVEMBER 12, 1996 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 PAGE 3 MINUTES OF PLANNING AND COMMUNITY DEVELOPMENT COMMITTEE 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. PAGE 4 MINUTES OF PLANNING AND COMMUNITY DEVELOPMENT COMMITTEE NOVEMBER 12, 1996 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 PAGE 5