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HomeMy WebLinkAbout07-14-1997MINUTES OF PLANNING AND COMMUNITY DEVELOPMENT COMMITTEE JULY 14. 1997 The r~gular meeting of the Planning and Community Development Committee was held July 14, 1997 in the Council Chambers and Council Work Area. Those members in attendance were as follows: MEMBERS PRESENT: Trish Borden, Jeanne Barber, and Rich Wagner STAFF PRESENT: Paul Krauss, Bob Sokol, A1 Hicks, Lynn Rued, Dick Deal, and Patti Zook ALSO PRESENT: Mayor Booth; Alan Keimig, Auburn Downtown Association; Sharon Dougherty-Smith, BIA The meeting was called to orderby Committee Chair Borden at 7:30 p.m. 1. WSC0018-97 - Donald Johnson Jr. Chairman Borden opened the public hearing held in the Council Chambers. Senior Planner Sokol presented the staff report. The applicant has requested water and sewer availability certificates and approval of a development agreement for a short plant into two lots. The request is consistent with Policy CE-3, which was briefly reviewed. The Findings of Fact were reviewed. Staff recommends approval of the development agreement. Councilmember Wagner asked if the applicant has to dedicate right-of-way to King County. Senior Planner Sokol spoke about the half-street requirements. Don Johnson, Jr., the applicant, was available to answer questions. There was no public testimony. Councilmember Wagner made a motion, seconded by Councilmember Barber, to close the public hearing. Chairman Borden concurred. Councilmember Wagner made a motion, seconded by Councilmember Barber, to recommend approval of the development agreement. 2. WSC0026-97 - William Finkbeiner The public hearing on this request for water/sewer certificates will be continued to the July 28, 1997 meeting. The Committee recessed and reconvened in the Council Work Area to conduct the remainder of the meeting. 3. PLT0009-90 - Auburn Park Preliminary_ Plat Extension Assistant Planning Director Rued presented staff report and provided background information on this preliminary plat. Opus Northwest is in the process of purchasing the plat from the previous owner who defaulted. New engineering drawings were submitted, and $25,000 for the plan check fee. The applicant has made a good faith effort by submitting the ~et of engineering and construction drawings. Chairman Borden asked about mitigation for the filling of wetlands. Assistant Planning Director Rued said this was done as part of the environmental review and required by City and the Corps. Councilmember Wagner made a motion, seconded by Councilmember Barber, to recommend approval of the preliminary plat extension. Chairman Borden concurred. PAGE 1 MINUTES OF PLANNING AND COMMUNITY DEVELOPMENT COMMITTEE JULY 14, 1997 Boundary. Review Board Action on Stewart Annexation and Potential City. Action Planning Director Krauss distributed the final report from the King County Boundary Review Board (BRB) on this annexation. He provided information on a recent meeting with King County staff and their attempt to work out Agricultural Preservation District (APD) issues. APD issues include creek restoration and wetland mitigation. King County's sole reason for opposing the annexation concerned the APD. Staff worked with King County at the County Executive's request to establish a Memorandum of Understanding (MOU) to allow the annexation and development of the Stewart parcel. County and City staff had reached agreement on a draft MOU when the County reneged less than 24 hours prior to the hearing. Mr. Krauss stated a belief that King County's actions raise serious issues for all future annexations including those on Lea Hill. Planning Director Krauss referred to the Mayor's letter to Ron Sims and the draft MOU. Options presented to the County Executive include proceeding forward with the MOU or staff's recommendation to City Council to adjust the potential annexation area (PAA) to exclude the disputed APD. Other options include doing nothing and letting the BRB decision stand or take the decision to court and challenge the decision. Planning Director Krauss was contacted by Dr. Stewart and his representatives who indicated that they may file a legal challenge to the BRB which the City could join. Dr. Stewart said that he appreciates the City's hard work on the annexation. He is disappointed with the BRB's decision. He described the BRB meeting as very confused and the vote counting was also confused. The BRB clearly wanted to hear and support the King County position. Arthur Martin, a representative for Dr. Stewart, provided information on the appeal process. He has requested a copy of the full record which contains many inaccurate statements. Many issues were ignored such as the urban/rural Growth Management Act (GMA) line. He stated concerns about King County's record on annexations. He is working on an appeal and plans to file within the appropriate time frame. Dr. Stewart said the he never received an offer of development rights as stated in the BRB record. Mr. Martin requested that the Committee unanimously support them in their appeal. Chairman Borden said it appears there are two issues. The first is how to proceed in relation to the total annexation process, and the second is how to proceed with this particular annexation. The preservation of agricultural lands appears to be a regional issue. Councilmember Barber said the City Council passed the resolution to annex.in good faith, and she resents King County acting as if Auburn does not know what it is doing. Councilmember Wagner does not want to give up the PAA. He asked staff if the PAA were given up would Kent annex the property. Planning Director Krauss replied that Kent most likely would not want to annex the property because they are also attempting to work out agricultural issues with King County. Councilmember Wagner asked if the Prosecuting Attorney's Office indicated why the annexation should be delayed. Planning Director Krauss replied that their reason was not given nor was a time period committed to its resolution. Councilmember Wagner said he supports the City being a "friend" of the appeal filed by Dr. Stewart and his representatives. Chairman Borden asked what this would mean in terms of legal costs to the City. Mayor said the legal costs would be reduced. The main suit would be carried out by Dr. Stewart the City could file a "friend of the court" action. Chairman Borden asked if there was another option. Mayor replied that the City could file a direct suit. Chairman Borden requested more information from staff on what would happen before PAGE 2 MINUTES OF PLANNING AND COMMUNITY DEVELOPMENT COMMITTEE JULY 14. 1997 she n~akes a decision on what should be done. She said the City should not file its own independent lawsuit. Councilmember Wagner agreed that it is not appropriate for the City to file suit. Councilmember Barber agreed; the City should only file as a friend of the court. Planning Director Krauss indicated that he will provide more information and keep the Committee up to date on the appeal. Resolution 2854 - ADA/BIA Contract Planning Director Krauss presented the staff report and informed the Committee that wording changes were made to Section 6, Cities Responsibilities, per their request at the June 23 meeting. These changes included language pertaining to collections and changing "may" to "shall." Al Keimeg, Auburn Downtown Association, said that language in the ordinance that set up the BIA indiCates the City shall collect, and wording should be "shall be collectible at the discretion of the City", and made consistent with the original ordinance. Mayor indicated that he did not have a problem with the original ordinance. Mr. Keimig said that stronger language of"shall" should be used in this instance which indicates the City intends to do something about nonpayment. He also pointed out wording in the last sentence that their attorney felt should read as follows: "Any costs associated with collection of the account may be deducted from the funds collected." Sharon Dougherty-Smith, BIA, said they are grateful for staff's time and attention to clean up the agreement to get the best language possible. Councilmember Wagner made a motion, seconded by Councilmember Barber, to recommend approval of the agreement, with modifications, as mentioned by members of the ADA. Chairman Borden concurred. Resolution 2792 and Agreement - DAWN Resolution 2793 and Agreement - DAWN Senior Planner Hicks explained that both agreements are consistent with budgeted amounts and the delay in bringing the agreements forward was due to managerial changes at DAWN. Chairman Borden asked Senior Planner Hicks if he had any statistics on the number of people served by DAWN. Senior Planner Hicks replied that he had not looked at the figure for some time. Chairman Borden mentioned receiving a petition about six months ago seeking additional services from DAWN. Planning Director Krauss also remembered the petition from an Assistant Prosecuting Attorney, Police Office, and two citizens requesting more services to assist Auburn residents. Mayor said that in the past the advocacy services being provided were not responsive to the clients' needs. This has been rectified and the advocacy program is much more effective now. Chairman Borden referred to page 3 of Resolution 2792 pertaining to non-discrimination and requested that the list be expanded to include martial status and sexual orientation. Senior Planner Hicks said the non-discrimination list would be expanded in both agreements. PAGE 3 MINUTES OF PLANNING AND COMMUNITY DEVELOPMENT COMMITTEE JULY 14. 1997 COun'cilmember Wagner made a motion, seconded by Councilmember Barber, to recommend approval of the resolutions, with changes as indicated. Chairman Borden concurred. Arts Commission Grant Chairman Borden said that she would abstain from voting on this agenda item because she is very involved with the Uniquely Auburn program. Parks and Recreation Director Deal explained that the Arts Commission has received a grant from the King County Arts Commission as partial support to local arts organizations. Councilmember Wagner made a motion, seconded by Councilmember Barber to recommend approval. Chairman Borden abstained. Planned Unit Development (PUD) Ordinance Assistant Planning Director Rued informed the Committee that they had previously received a copy of the proposed ordinance for their review and comment. Councilmember Wagner referred to page 5, Open Space, and wondered if shrubs could be counted as meeting the open space requirements. Assistant Planning Director Rued replied only if the amount were to benefit the entire development not one lot. Planning Director Krauss indicated that PUDs are required to have more open space than standard developments. Councilmember Wagner said he does not want developers counting individual shrubs as open space. Assistant Planning Director Rued indicated that the amount of shrubs would count toward the larger/global open space. The developer would also be precluded from counting the front yard landscaping as open space. Chairman Borden asked for more description under landscaping in order better clarify the requirements. Councilmember Wagner referred to page 7, first paragraph, second sentence, pertaining to 20% versus 1 acre per each 1,000 residents, and wondered if the wording was contradictory. Assistant Planning Director Rued replied that the I acre per 1,000 is based on studies reviewed by staff and is similar to what other jurisdictions are doing. Councilmember Wagner said it appears the 20% figure is large. Assistant Planning Director Rued explained that the figure is meant to be a cap. Chairman Borden asked what a PUD of this type would look like. Assistant Planning Director Rued replied that 20% would be commercial and 80% would be residential. Councilmember Wagner wondered if 20% was consistent with other jurisdictions. Assistant Planning Director Rued indicated he was not sure, but staff was comfortable with the figure. Planning Director Krauss said that staff could do more hypotheticals. Councilmember Wagner wanted to confirm that staff did not see a conflict between the two sentences. Assistant Planning Director Rued reiterated that staff did not see a conflict because the PUD size would have to begin at 20 acres before it can be used. Councilmember Wagner said he believes the figures are in conflict and requested staff to review again. Assistant Planning Director Rued said that staff would review this again. PAGE 4 MINUTES OF PLANNING AND COMMUNITY DEVELOPMENT COMMITTEE JULY 14. 1997 Cbu~cilmember Wagner referred to page 8, item C, High Density Multi-Family, and requested clarification on the 2,400 lot size figure. Assistant Planning Director Rued provided clarification. Councilmember Wagner then referred to page 12, item (c), and wondered if this would permit gated communities. Assistant Planning Director Rued replied that they would be allowed. Planning Director Krauss does not believe that the issue of gated communities need to be specifically addressed in the PUD ordinance. Chairman Borden asked if staff could prepare a table to show the number of lots available with and without a PUD. She wanted to see how much additional development could be obtained with the additional open space. Assistant Planning Director Rued said that staff could prepare a comparison with Riverwalk and give an idea of what could have been done if the development if it were a PUD. Assistant Planning Director Rued said the next step is to brief the Planning Commission and determine a public hearing date. The PUD ordinance would go back to Committee to review before presented to City Council. 10. Liquor License Violation Decision Planning Director Krauss transmitted this information conceming La Posada's violation. OTHER BUSINESS: Planning Director Krauss pointed out a letter to he sent to King Cushman, Director of Transportation Planning for the Puget Sound Regional Council, and Mr. Cushman's reply. Assistant Planning Director Rued announced there will be a workshop on at 6:00 p.m. on August 11 to review the telecommunications ordinance. With no further items to come before the Committee, the meeting was adjourned at 8:45 p.m. PCDCXMINX7A-97 PAGE 5