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HomeMy WebLinkAbout04-02-2002MINUTES OF THE PLANNING COMMISSION MEETING APRIL 2, 2002, The regular meeting of the Planning Commission was held on April 2, 2002 at 7:00 p.m. in the Council Chambers of the Auburn City Hall. Those in attendance were as follows: MEMBERS: Garna Jones, Karen Ekrem, Peter DiTuri, Ronald Douglass, Renee Larsen and Yvonne Ward STAFF: Lynn Rued, David Osaki and Patti Zook The following members were absent: Dave Peace The meeting was called to order by Vice Chairman Ekrem. APPROVAL OF MINUTES: Commissioner Douglass made a motion, seconded by Commissioner Jones, to approve the minutes of the March 5, 2002 meeting. PUBLIC HEARING: File No.: ZOA01-0006 Amendments to Chapter 18.26, the C-l, Light Commercial zoning district, of the Auburn Zoning Code. The amendments include changes to the height requirements and to the provisions regarding multi-family dwelling units. Assistant Planning Director Rued presented the staff report and advised that City Council requested the Planning Commission to conduct a public hearing on what the height requirement should be. The impetus for review stemmed from the Howard Road project. City Council did not give specifics regarding the amendments related to height requirements other than to preclude unrestricted tall buildings near single family areas. Staff is proposing moderate changes to the C lzone for Planning Commission consideration. The changes allow multi-family in C 1 as well as taller buildings under different circumstances than currently allowed. The base height is 45 feet, if providing additional setbacks, a structure can be taller than 45 feet with additional one foot of setback. The amendments in 1992 when establishing the Auburn North Business Area Plan, the Zoning Ordinance was changed to allow taller buildings and multi family with tn-st floor of commercial space. The proposed amendments clarify uses on the first floor of multi structure building. For buildings taller than 45 feet, the conditional use permit process is recommended. The exception for this is the Auburn North Business Area Plan (ANBAP) because it is permitted outright now. The proposed amendments are staWs recommendation for Commission consideration. The Planning Commission or City Council can afl'm, modify or reject the language. Also, other options may come to light after this public hearing. The only issue tonight is the proposed amendments; not any specific project now under review or in the furore. Vice Chairman Ekrem opened the public heating. Joann Fonda, 1210 20t~ Court SE, and Mrs. Pederson are representatives for the Concerned Citizens of Auburn (CCA) and read a prepared statement. She gave a background on their appeal of a SEPA determination which they later withdrew. She spoke of wanting to preserve the tranquility of her neighborhood and CCA wants Auburn held accountable by the goals in the Comprehensive Plan. She read a paragraph from the October, 2001 agenda bill. The Howard Road apartments were allowed to proceed with SEPA review, but apartments are incompatible with their area. She researched origin of Ordinance 4547 and Resolution 2283 for the Auburn North Business Area Plan (ANBAP). The amendments should not have been applied Citywide and believes that City officials overruled the citizens' wishes. Anyone living in single family residential adjacent to C1 will be affected by the proposed changes. She spoke about SEP01-0041. Why allow apartments of unlimited density and height in C1 zone when they are allowed in other areas of the City? Apartments should be removed as a permitted use. She believes the public notices were vague and posted incorrectly. -1- MINUTES OF THE PLANNING COMMISSION MEETING APRIL 2, 2002 Marilynn Pederson, 1917 N Court SE, read a prepared statement. They have devoted time to opposing the Howard Road apartments and researched many documents. CCA is concerned about the Howard Road project and voiced objections. They reviewed meeting minutes from ANBAP adoption and Ordinance 4547. She does not want other neighborhoods to go through what they have. The Planning Commission should not allow taller buildings outright or with a conditional use permit. The unlimited density phrase is also of concern. Soil stability is also an issue with large buildings. Traffic problems already exist and will get worse with the additional traffic. She spoke about damage to homes' foundations from pile drivers. She spoke about need to preserve property values. The Zoning Ordinance should be reevaluated and aligned with goals in the Comprehensive Plan. Citizens need to be protected from incompatible uses. The words unlimited density should be deleted. She requested that paragraph in 18.26.030 K be deleted, 18.26.020 JJ be deleted, 18.26.040 E be deleted and restored to the original language. Commissioner Ward asked Mrs. Pederson if a building above 45 feet will affect the neighborhood. Mrs. Pederson was concerned about height of the apartments, that views would be obstructed, and residents would be looking into their yards. The Comprehensive Plan says that views should not be blocked and another section speaks to protecting citizens. The Zoning Ordinance to be aligned with Comprehensive Plan and compatible. A builder looks at the Zoning Ordinance and believes he can do certain things and the Comprehensive Plan is not consulted. She suggested that the Comprehensive Plan be emphasized and reflected in Zoning Ordinance. She requested that Section 18.26.030 K be deleted, Section 18.26.020 JJ be deleted and Section 18.26.040 E be deleted or restored to its original language. If the City wants higher buildings in ANBA then rewrite something specific for this area. Commissioner Douglass asked Mrs. Pederson if she spoke with Fire Department regarding their response to a tall building fire. Mrs. Pederson spoke about outside exit to public area from bedroom. The ladders go up 70 feet and Fire Department concluded that when you have sprinklers you do not have to have an outside exit. James Pederson, 1917 N Court SE, said that hillsides on east side of town are not supposed to have taller buildings. No information related to the ANBAP as having more importance than other C1 sections. City Council did not know they were doing an area wide zoning and unlimited heights and this was a misinterpretation over last 10 years which did not show up until the Howard Road project. Jim Carpenter, 31211 55~ Avenue South, spoke regarding his building at 302 4~ Street which he p~chased and was used as a nursing home. It has been hard to rent the building and he found a use for the building two years ago to be used by long term residents. It appears the rezoning rezoning will force him out of using his building. He appealed for a grandfather clause to allow him the existing use of the building. He is concerned that he will not be able to use his building which will be a fmancial blow. Regarding setbacks, if there are only five feet now, how will he get 15 feet for the new setback. How is he going to meet the requirement. Assistant Planning Director Rued explained ' that the City is not proposing to change the zoning on the C-1 parcels; the amendments are text changes only to the Zoning Ordinance. The changes will not affect his property. Commissioner Jones suggested that Mr. Carpenter come to the Planning Department and talk to the planners. She is familiar with the area. Tonight's discussion does not relate to his situation. Cheryl Creson, 1420 20t~ Street SE, said that if you live north of the former bowling alley property that your view of Mt. Rainier will be blocked. Mrs. Pederson said that in her research the C1 district talked about height issue on Main Street. Council was not informed about Howard Road project. There needs to be safeguards and protection for the citizens. Comprehensive Plan speaks to making Auburn a nice place to live. Commissioner Ward asked Mrs. Pederson if she found that the ANBA has no abutting residential zone and Mrs. Pederson replied there is no residential zoning. Vice Chairman Ekrem closed the public hearing. Planning Commission Deliberations Commissioner Ward commented that the proposal suggests allowing certain C1 zones to be higher than 45 feet and asked how many buildings in the ANBAP are taller than 45 feet and Assistant Planning Director Rued replied that -2- MINUTES OF THE PLANNING COMMISSION MEETING APRIL 2, 2002 the Multi-Care building will exceed 45 feet. C~)mmissioner Ward wondered about the need for more multi-family housing taller than 45 feet and Assistant Planning Director Rued said probably not. There are other zoning districts that allow multi-family. There are probably enough zones that allow buildings taller than 45 feet. This issue is on the table for discussion. Commissioner Ward suggested instead of deleting 18.26040 E in its entirely, just delete the last sentence and modify 18.26.020 JJ. It is important to look at the ramifications of adding or deleting parts of the proposed amendments advised Vice Chairman Ekrem~ There should be an opportunity for taller buildings in Auburn North Business Area (ANBA). It appears testimony did not want taller buildings in areas other than the ANBA. Commissioner Douglass commented that if buildings higher than 45 feet are allowed in the ANBA and other zoning districts, but limited to 45 feet in other C 1 areas, this still allows taller buildings in the City. In order to provide perspective on building height, Assistant Planning Director Rued remarked that City Hall is 35 feet tall, the parking garage is 65 feet tall and the hospital is 60 feet tall. RL inquired if anyone had purchased C1 property and planned to build taller than 45 feet. Assistant Planning Director Rued said that all C1 property owners were advised of the proposed changes and had chance to comment. Commissioner DiTuri spoke about the landing field zone which restricts taller buildings in this portion of the ANBA. Staff and Commission have been talking over the last months about sensitive areas. There is not a lot of development in the area and the Ordinance is 10years old. He asked Assistant Planning Director Rued if he expects more development in the area due to the wetlands in the area. Assistant Planning Director Rued advised that the only property lef~ to develop'is the property west of Lowe's and that is where Multi-Care wants to develop. There are wetlands west of that, east of Lowe's by fire station and north of bank areas are filled and ready to develop any time. The closest residential area is south of Fred Meyer. Referring to 18.26.020 JJ, Commissioner Ward believes it is vague and language needs to be tightened. She is concerned about what constitutes 50 percent. She wondered if Resolution 2283 was intended to be applied Citywide. There is evidence that it was not supposed to be applied Citywide. She wondered how to recommend banning buildings taller than 45 feet. She suggested eliminating the last sentence in 18.26.040. She wondered about restoring C 1 to its pre-1992 version. ASsistant Planning Director Rued said this would not affect other zones. Commissioner Jones is concerned about density limitations on JJ and wording 'no density shall apply'. Assistant Planning Director Rued explained subsection JJ by saying that it allows apartments on upper floors with commercial uses on the first floor. There is no set limit on number of apartments to the building. Size of the property sets number of apartments and this depends on the parcel size so it really is not unlimited. The intent is to promote multi-use of land and encourages a multi-use facility. C 1 zoned areas are usually closer to parks, schools and transit. Vice Chairman Ekrem wondered if modifications to subsection JJ would allow apartments on the first floor. Assistant Planning Director Rued said the maximum is 50 percent and must have commercial use as stated in 18.26.020. Vice Chairman Ekrem said Planning Commission can either recommend to study the amendments longer or accept as staffproposed, or modify and pass to City Council. Assistant Planning Director Rued said that Planning Commission can also amend what is proposed. Commissioner Ward made motion to forward to Council ZOA01-0006 with recommendation modifying 18.26 as amended except for deleting 18.26.030 K and deleting the last sentence of 18.26.040 E. Commissioner DiTuri seconded the motion. The motion passed. Commissioner Ward commented that it appears there is no documentation from 1992 to suggest the change was meant to apply Citywide. Commissioner Douglass asked if the City Attorney indicated that applying zone to only one part of town is permissible? Assistant Planning Director Rued said the ANBAP is an overlay zone with certain conditions there that are not Citywide. -3- MINUTES OF THE PLANNING COMMISSION MEETING APRIL 2, 200?, Commissioner Jones does not see any problem with the wording of 18.26.020 JJ. The C1 permitted uses are a long list. Having apartments listed as a C1 use is appropriate. She does not have a problem with the 50 percent requirement. Commissioner Ward commented that hallways are not leaseable and wording change from 'gross' to 'leaseable' makes more sense. Commissioner Ward made a motion to change the wording of 18.26.020 JJ from 'gross' to 'leaseable' so it would read '50 % of the leaseable floor area...'. Commissioner Jones seconded the motion. The motion passed. Vice Chairman Ekrem expressed that it would have been helpful to see correspondence related to the appeal. Assistant Planning Director Rued advised that the appeal filed was on the issuance of the environmental review of the Zoning Code changes only. The appeal process would have been through the Hearing Examiner. INFORMATION: · Article from The News Tribune dated March 15, 2002 · Article from Seattle Post-Intelligencer dated March 25, 2002 Vice Chairman Ekrem asked if the Commissioners had comments on the two articles. Commissioner Ward commented that she printed out the Supreme Court decision. Vice Chairman Ekrem asked if any annexations are currently progress and Assistant Planning Director Rued replied that the ones being worked on were completed. He spoke of the need to sort through the decision and receive clarification from the Court. Copies of the Court decision will be made for the Commissioners. ELECTION OF OFFICERS: Commissioner Jgnes nominated and Commissioner DiTuri seconded, for Vice Chairman Ekrem to serve as Chairman this year; and for Dave Peace to serve as Vice Chairman. ADJOURNMENT With no further items to come before the Commission the meeting was adjourned at 8:30 p.m. PO, AGND~VlIN04-2002 -4-