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HomeMy WebLinkAbout03-22-1999MINUTES OF PLANNING AND COMMUNITY DEVELOPMENT COMMITTEE MARCH 22, 1999 The regular meeting of the Planning and Community Development Committee was held March 22, 1999 in the Council Work Area. Those members in attendance were as follows: MEMBERS PRESENT: Trish Borden, Sue.Singer, and Pete Lewis STAFF PRESENT: Paul Krauss, Lynn Rued, Dick Deal, Shirley Aird, Dennis Dowdy, and Patti Zook ALSO PRESENT: Mayor Booth; Bob Frazier, Emerald Downs Racetrack The meeting was called to order by Committee Chair Borden at 6:30 p.m. Planning Director Krauss indicated that two items are being added to the agenda: zoning regulations relating to gaming and an update on the 4-D rule. ACTION ITEMS: 1. Amendment to Ordinance No. 4689 - Emerald Downs Racetrack Assistant'Planning Director Rued presented the staff report. The request to allow motorcycle racing was approved previously for a one time basis. The event produced one noise complaint. The track now wants to have the motorcycle race on an annual basis. The ordinance needs to be amended in order to allow the racing. Councilmember Singer stated that she received a telephone call from on person on Lea Hill who complained about the noise last year. Bob Frazier, Emerald Downs, explained that the event ran later than anticipated last year because it took longer to prep the track for the races. They do not expect this to happen again this year. Councilmember Lewis reported that the Committee needs to make a determination as to whether the request is a minor or major amendment of the ordinance. Assistant Planning Director Rued then provided information as to what constitutes a minor or major amendment. Councilmember Lewis believes the request constitutes a minor amendment to the ordinance. The request was discussed and approved last year. The same process should be used this year as last year. Councilmember Lewis made a motion, seconded by Councilmember Singer, to recommend approval. Chairman Borden concurred. 2. ANX0001-99 - Mary Lynne Evans Assistant Planning Director Rued presented the staff report. The annexation boundaries should be modified to include the adjoining properties. He then showed a larger map and pointed out the parcels being discussed. Staff is proposing to make the annexation a little larger per the map because the assessed valuation would be 80%. Councilmember Singer remarked that she has heard from people in Cobble Creek regarding the petition, for the area. It might be to the City's benefit to contact them and see if they want a petition circulated. Assistant Planning Director Rued said that staff can notify Cobble Creek regarding the hearing process and they can tag along if they want to. Assistant Planning Director Rued mentioned that the City does not have the valuation of homes in Cobble Creek now. Cobble Creek's value is significant because of the existing homes. PagE 1 MINUTES OF PLANNING AND COMMUNITY DEVELOPMENT COMMITTEE MARCH 22, 1999 Councilmember Lewis suggested that Cobble Creek be notified if they are interested. Assistant Planning Director Rued stated that the City mails notices to those within 300 feet of the subject property, and if they are interested, can contact the City. Chairman Borden asked why Auburn would want to annex this seemingly remote property. Planning Director Krauss replied that the property is adjacent to the City line and the golf course and park are nearby. The City has certificates of annexation. He mentioned the ordinance requirements. He reminded the Committee that a couple years ago they waived the annexation of the Pacific Rim subdivision because of its location on top of the hill. The proposed annexation does not fall into this category. Police and fire services are already in the area. The citizens can be served better by the City. Chairman Borden asked if the Police Chief and Fire Chief have reviewed the annexation: Assistant Planning Director Rued remarked that if the Committee wants to proceed forward, then their comments come back as part of the public hearing process. Tonight's action on the annexation just starts the petition process, it does not make a decision on annexation. Councilmember Singer made a motion, seconded by Councilmember Lewis, to amend the boundaries of the annexation request. Chairman Borden concurred. A representative for DBM Engineers, spoke briefly and supports proceeding forward with the annexation. Resolution No. 3068 - Game Farm Park Caretaker Agreement Parks & Recreation Director Deal presented the staff report and mentioned the duties associated with this position. Councilmember Lewis wanted to know who determines the character of individuals who are caretakers. He asked if background checks were performed on the individuals. Parks & Recreation Director Deal explained that the City received resumes and previous landlords were contacted, but no police checks were done. Councilmember Lewis then requested that police background checks be performed on individuals considered for caretakers. The checks could be done prior to the City Council meeting. The Committee agreed with Councilmember Lewis' suggestions. Parks & Recreation Director Deal affirmed that the background check will be done. Councilmember Lewis made a motion, seconded by Councilmember Singer, to recommend approval of the Resolution with the background check. Chairman Borden confirmed. DISCUSSION ITEM: Annual Performance Report for CDBG (CAPER) Planner I Aird distributed documents from US Department of Housing and Urban Development's (HUD) Integrated Disbursement and Information System relating to the status of CDBG funded projects in the City. The program year will now be the same as the calendar year. The Human Services Committee (HSC) will also be reviewing the CAPER document. She is seeking comments from the Committee. Chairman Borden asked about Habitat for Humanity and its status as being funded with CDBG funds. Planner I Aird said that the documents provided show last year funding, so that Habitat is not reflected. Habitat will be reflected in the 1999 program. PAGE 2 MINUTES OF PLANNING AND COMMUNITY DEVELOPMENT COMMITTEE MARCH 22, 1999 Discussion occurred relating to the requirements of housing per the Growth Management Act (GMA). Planning Director Krauss related that it is Up to the private housing market if the number of units come on line. The State is unwilling to unwilling to fund lower income housing. Councilmember Singer acknowledged the amount of lobbying in the Legislature done by the real estate industry. Mayor responded that the cities under the greatest challenge are those that have the largest amounts of lower end housing. Planner I Aird provided information on the upcoming seminars sponsored by HUD that she will attend. Councilmember Singer wondered about the use of CDBG funds for downtown. Planner I Aird mentioned the CDBG requirements for obtaining the funds. She then mentioned the long term monitoring requirements that have to be complied with. Most of the funding is related to Iow income neighborhoods and the downtown area does not qualify. Councilmember Lewis said if the downtown area definition is considered, then Auburn might qualify. Planning Director Krauss voiced that the neighborhoods are defined by census tracts, and that all projects for seniors qualify for funding. OTHER BUSINESS: 1. 4-D Rule City Engineer Dowdy presented a backgrOund on the Green/Duwamish River WIRA. He spoke about the tri-county package. The City's package was submitted with the tri-county package. It will take several months to review both. Tri-county has an impressive package, and they are hoping NIMS will take a positive View of it. He mentioned the interim rule. The group is drafting language for the latitude to operate as is. The final rule should be published 18 months from now. He then distributed several documents relating to the Green/Duwamish (WRIA 9) Steering Committee, which included early action plan strategies, draft outline for conservation plan, and a timeline. All three elements are required for each WRIA. Staff will brief the public and staff will ask Council to approve the plan. VVhen adopted, it gives formal coverage under the Endangered Species Act (ESA), but now there is implied coverage. Staff is working with stakeholders in the technical work group to keep the plan going forward. Councilmember Singer asked about the $100,000 Council approved for. the critical areas plan update. Planning Director Krauss said this was the only directly funded ESA-related item in the budget. The City received "brownie" points by having this in its budget and gets credit for what it is doing right. The City's policies are current and fairly sensitive. The larger expenditure of funds comes in the next round when committing to projects is required. City Engineer Dowdy indicated that the City is doing its own programmatic review. For permitting, maintenance and operating activities, water quality, the City is looking at sensitive areas ordinance to see it is adequate. Staff is also looking at wetland buffers. There is a concerted effort to involve other jurisdictions. The first forum meeting since WRIA was formed is being held. He explained what it all means to auburn. If the listing is not "endangered species" list, but threatened species list, gives NIMS flexibility on 4 D rule. If endangered listing, then full policy of no take and no holes bared and moratorium on everything, and could be considered a take. City Engineer Dowdy explained further that the City has to prove it is not a take. If a rule is issued to stop takes, then a moratorium is in place which would mean the halt to all projects. With the threatened listing, NIMS has the ability to construct more favorable 4D rule. This would give the City flexibility and latitude to continue to operate with current Comprehensive Plan, etc. The City might need to use some funds for programmatic review. At the tri-county level, they have talked PAGE 3 MINUTES OF PLANNING AND COMMUNITY DEVELOPMENT COMMITTEE MARCH 22, 1999 about having a science panel and preparation of a generic sensitive areas ordinance which would enable consistency between jurisdictions. This consistency means compliancy. Councilmember Singer expressed concerns about scientists and how "rabid" they are. Planning Director Krauss agreed that Councilmember Singer's concerns are well founded. The City is constantly defending its principal of being a public agency. Declarations made by scientists are not policy. The south County area was represented on the WRIA Steering Committee by only one mayor, but the jurisdictions were able to get three more municipal officials added. Planning Director Krauss revealed that they originally wanted to prepare a plan, give it to the cities, and then say adopt the plan pr risk being sued. Mayor disclosed that he is working County Executive Sims to open a seat for another mayor. City Engineer Dowdy said that Thursday's forum meeting is to bring others on board and so that they become involved in the process. He predicted that Federal and State agencies will act more cautiously regarding development. NIMS staff has been involved in programmatic review of Federal agencies, such as the EPA for storm water and the Corps for Section 10. He also expects that SAMP for Mill Creek and wetland permitting will probably have rules tightened. He expects all Federal agencies to be very cautious in the future. Staff are rewriting the environmental assessment for the 3rd Street project; therefore, Federal funding will be held up for a while. He will keep Council posted on this matter. Staff is trying to get this project back on track. Planning Director Krauss stressed that fish populations will not be adversely affected by the 3~ Street project. The new construction meets' current standards and the existing infrastructure will be brought up to current standards with an additional water treatment facilities. The City should be encouraged to develop the project since it will benefit water quality. City Engineer Dowdy affirmed that the City has stringent water quality ordinances currently in place. Zonin.q Re,qulations relatin.q to Gaminq Planning Director Krauss presented background on this topic. Council originally indicated a desire to regulate casinos similar to regulations in place for adult uses. Staff prepared a draft ordinance relating to this theory and it was reviewed by the City Attorney. They had reservations about the proposed approach and ordinance. He provided information on a recent meeting in Renton with other jurisdictions regarding their approaches to casinos. Renton has taken a proactive stance in prohibiting casinos downtown and limited them to their valley overlay district and south of 405. They areregulating casinos is based on their image and their draw from a regional population base versus a community base. Staff has come up with a new approach that the City has a better chance of defending. The State Gambling Commission has taken an active stance against communities regulating casinos. The Commission is advocating expansion of gambling in the State. The State believes they have kept corruption out of gambling. The Commission's Assistant Attorney General presented an opinion which Planning Director Krauss read. City Attorneys have taken exception to the Assistant Attorney's General's interpretation as stated in a letter. Cities are very concerned that this interpretation takes away the cities' abilities to regulate zoning. Planning Director Krauss continued by saying that the industry's gaming association recently requested a meting with the Association of Washington Cities. They are proposing to amend legislation that entitles cities to allow for zoning and moratoriums. The industry afraid of a backlash and that they might "lose it all". The association attorney prepared an amendment to the bill on floor of the House that would affirm the rights of cities to zone and establish moratoriums. PAGE 4 MINUTES OF PLANNING AND COMMUNITY DEVELOPMENT COMMITTEE MARCH 22, 1999 Assistant Planning Director Rued distributed the draft language which he reviewed. Projects will still need to comply with building and fire codes relating to occupancy. He showed a map which depicted where this type of project Would be allowed. The last page of the distributed draft contains the siting standards for the card rooms. Councilmember Lewis asked why West Valley Highway was included. It appears to be an isolated area where this type of project could occur at every quarter-mile. Mayor pointed out the need to keep this kind of project away from residential areas. Planning Director Krauss explained that regulating based upon protected land uses as is done with adult use siting raises the problem with defending casinos being regulated similar to adult uses. He spoke of the need to site these projects on routes that carry large volumes of non-Auburn residents, since these will be the primary customers. West Valley Highway already carries large volumes of commuter traffic. Chairman Borden wondered why the card rooms are permitted in M-1 versus C-1 districts. Assistant Planning Director Rued pointed out that there are only two spots where they would be allowed and then the City would be accused of being too restrictive or exclusionary. Councilmember Lewis voiced that he is comfortable with siting'the card rooms on 15th Streets NW and SW, but is not comfortable with siting card rooms on West Valley Highway. Assistant Planning Director Rued pointed out that if the card rooms are taken out of the M-1 district, it eliminates several areas which he pointed to on the map. Chairman Borden does not think card rooms are compatible with an industrial zoning. In response to an inquiry from Councilmember Lewis, Assistant Planning Director Rued pointed out on the map areas that are City owned or wetlands. Councilmember Lewis wondered about excluding a portion of West Valley Highway. Assistant Planning Director Rued remarked that the City would be better off limiting to C-3 because the M-1 and M-2 areas have restaurants as permitted uses. Planning Director Krauss mentioned that the City of Renton's approach is to get card rooms into light industrial areas. Councilmember Lewis believes that on West Valley Highway north of 15th Street NW, there are areas where card rooms would be inappropriate. Assistant Planning Director Rued advised that card rooms could be excluded between 15th Street and Highway 18 on West Valley Highway. Planning Director Krauss reminded the Committee that defending the City's image rather than the City's morals is more defensible in court. Most consumers for casinos come from outside the City. They come in via four lane highways and arterials. Siting the card rooms where staff proposes, would keep the customers from going through the City and its neighborhoods. Ultimately, it could come down to a judge telling the City if the siting location is legal. Staff thinks the Iocational criteria is sustainable and defensible. Planning Director Krauss said that if the Committee is comfortable with the proposed language, staff will schedule for a public hearing in front of Planning Commission and then City Council. Chairman Borden expressed concern about visitors to industrial areas in the middle of the night and the potential crime that could occur at industrial businesses. Councilmember Lewis believes there is better security in in industrial zone compared to a residential or retail zone. A brief discussion occurred on how gaming was being banned by other jurisdictions and how this was permitted or allowed to occur. Assistant Planning Director Rued reiterated that staff will proceed forward with the proposed language with the exception of West Valley Highway between Highway 18 and 15. PAGE 5 MINUTES OF PLANNING AND COMMUNITY DEVELOPMENT COMMITTEE MARCH 22, 1999 INFORMATION ITEM: 1. Articles (2) from Puget Sound Business Journal No discussion was held. VVith no further items to come before the Committee, the meeting was adjourned at 8:10 p.m. PCDC~vllN\3B-99 PAGE 6