Loading...
HomeMy WebLinkAbout07-02-2002 Page 1 Telephone: 253.931.3000 25 W MAIN ST * AUBURN WA * 980014998 FAX: 253.288.3132 peter B~ Mayor : CouncitMember;,: Sue Singer Council Member Rich Wagner Council Member Mayor's Office 253.931.3041 Finance 253.931.3033 Parks &Recreation 253.931.3043 Public Worl~s 253.931.3010 City Attorney 253.931.3030 City Clerk :253.931.3039 Human Resources 253.931.3040 Planning & Community Development 253.931.3090 Police 253.931.3080 Fire 253.931.3060 MINUTES OF PLANNING COMMISSION MEETING JULY 2, 2002 -- 7:00 P.M. CITY COUNCIL CHAMBERS Planning Commission members present: Dave Peace, 'Peter DiTuri, Renee Larson, Garna Jones Staff: Tim Carlaw, Shirley Aird, Dave Osaki, Carolyn Brown Meeting was called to order by acting chair Dave Peace. APPROVAL-OF MINUTES The minutes of the June 4, 2002 Planning Commission meeting were approved as written. PUBLIC COMMENT Acting Chair Peace stated that the public may comment on any item not scheduled for public hearing this evening. There was no public comment. CALL FOR AUGUST 6, 2002 PUBLIC HEARING Acting Chairman Peace called for an August 6, 2002 public hearing regarding the amendments to Auburn City Code (ACC) Section 17.08.010 pertaining to "Improvement methods". PUBLIC HEARINGS CPA02-2 - Amendment to 1990 Drainaqe Plan Amendments to the City of Auburn's 1990 Comprehensive Storm Drainage Plan replacing Section 8.13 of the 1990 Comprehensive Storm Drainage Plan entitled "SUBBASIN P RECOMMENDED PLAN" with a new Section with new text and maps. Tim Carlaw, Storm Utility Engineer presented his statement and handed out information to the Commission. Mr. Carlaw gave a brief history of Sub Basin P and the location of the area. It covers approximately 230 acres. It was previously studied in the 1990 Comprehensive Drain Plan. Since then 150 acres have been developed. The focus now is on the developed areas, as the areas on the north end of the site are publicly owned or deemed wetlands. There are projects along Lund Road and West Main Street. The City will construct a water facility that will discharge into Mill Creek. A pipe will be constructed along Western and Clay Streets and will drain the water. This concept was not in the 1990 plan. Mr. Cadaw recommends the Planning Commission to approve and move forward to the Public Works Committee and Planning and Community Development Committee then to City Council. There were no questions from the commission to Mr. Carlaw. Page 2 Acting Chair Peace stated the hearing is now open to the' public for comments. No questions were received from the audience. Acting Chair Peace asked if the Commission members had any questions. Committee member DiTuri stated that staff has been very thorough and this area is something that needs to be addressed. The Committee members briefly discussed the impervious surfaces of the area. Committee member DiTuri moved to forward to the City Council and seconded by Committee member Jones. The action was approved and carried. The second item scheduled for Public Hearing is project number: CPA02-0003 - Essential Public Facilities/Secure Community Transition Facilities Amendment to the City of Auburn's Comprehensive Plan to the portion of Chapter 5 entitled "Essential Public Facilities" to include a definition of Secure Community Transition Facilities (SCTF) as Essential Public Facilities and to establish SCTF siting criteria. Acting Chair Peace asked if committee members would like to discuss the two cases for the Secure Community Transition Facilities (SCTF) as separate items or together as one. The Committee agreed to review'as one item. Planner Shirley Aird gave the staff presentation. A letter from the Department of Social and Health Services was handed out to the committee members. On the agenda tonight is one action for the Comprehensive Plan Amendment and a separate one for a Zoning Code Amendment. Planner Aird will give staff report and will cover issues and questions. Pursuant to state law passed 2002, jurisdictions are to put in place a proposal to site sex offenders as an essential public facility. The jurisdiction is to follow appropriate procedures established by the state. One requirement facing cities is that the guidelines need to be passed by September 1, 2002. If these guidelines are not in place by October 2002 then the state (DSHS) can pre- empt a local jurisdiction's land use regulations. Regarding the liability of cities that create special procedures, the cities cannot be held liable if acting in good faith. The specific criteria is set forth in the law. The Comprehensive Plan amendment has minor changes, including security and if a site is considered it will not have an undo effect on a certain neighborhood. The City already has siting in place where essential public facilities of a regional nature should be located. Planner Aird continued onto the second part of the item on the agenda. ZOA02-0002 - Secure Community Transition Facilities Amendments to the Auburn City Code Title 18, Zoning, relating to the siting of Secure Community Transition Facilities (SCTF). Addition of Chapter 18.48.150, entitled "Secure Community Transition Facilities" to set forth specific siting criteria should an SCTF be proposed for location in Auburn. Proposed amendments also include: adding a definition of "Secure Residential Treatment Facility" to ACC 18.04, "Definitions"; adding SCTF's as a Use Requiring A Permit in ACC 18.32, "M1 - Light Industrial District," and ACC 18.34, "M2 - Heavy Industrial District." The chapter proposed to be added is similar to the work release resolutions, but a SCTF is owned and operated by DSHS. The maximum size of SCTF is to be 15 persons. The actual facility needs to be located away from risk potential sites, such as churches, trails, day cares, etc. Planner Aird presented an area map with risk potential sites. The state law is clear that the SCTF not be located adjacent to or within a risk potential site line. The local jurisdiction cannot make their criteria more stringent than state law. The facility would be allowed as a conditional use in M-1 and M-2 zones. Committee member Larson inquired about malls and movie theaters, Planner Aird stated those aren't exempted - an actual list is provided by the state and performance standards have to be in place. The final question to be discussed is regarding what neighboring cities are doing. The South King County region varies, for example one city has not decided, one has decided to let the state adopt the site, while others are working on their regulations. Page 3 Acting Chair Peace asked about the third paragraph down regarding pre-emption. If the sites' criterion in the City is stricter than state law, the paragraph states that it can be pre-empted. He then quoted the state's pre- emption criteria. Planner Aird read from a clarification letter from DSHS. It is clear that the City cannot be stricter then the state. DSHS will make the pre-emption decision and that decision is not open to appeal. Committee member DiTuri noted that the zoning code in the context of wording doesn't discuss M-1 district, but does discuss M-2. The Planning Commission had no other questions. Community Development Administrator Osaki aSked the Planning Commission to continue this public hearing. Planning Director Paul Krauss was unable to attend tonight, but would like to address the Planning Commission on this issue. Acting Chair Peace opened the Public Hearing to comments from the audience. Mary Ellen Stone from King County Sexual AssaUlt Research Center (KCSARC) spoke first. Usually KCSARC serves sexual assault victims and they cannot speak to treatment of offenders. She commented that the city is very wise to go through this hearing process. Their agency (KCSARC) does recognize what is happening in the state and keep in mind that the Planning Commission actions do send a message to the community. Ms. Stone continued by asking how do we as citizens use this information? The answer is by realizing this is someone who has a face and a name and this is the way to get to know these people. The community needs this broader information. The city now has an opportunity to take this further, as it will be a useful monitoring tool and officials will know where people are. We, as citizens need to look at all aspects of our lives and people need to be educated about sexual assault. We need to teach, interact, and encourage the city to take leadership. A community notification meeting brings awareness and also raises the level of fear. This SCTF will bring this into people minds. KCSARC will aid the City in bringing awareness to the community and they commend the Planning Commission and are willing to help in any way. Elaine Taylor, Administrator for SCTF for DSHS- PO Box 45848 Olympia spoke next. The DSHS appreciates the City's efforts to work on SCTF. (She referenced the letters from June 20 and July 2 that had been distributed to commission members). She gave a brief background on the fact that the state has an urgent need to site these SCTF. The Federal courts have found the existing state law to be unconstitutional in regards to sex offenders that have received a court ordered release. In the past 2 years the state has enacted two directives and it is up to the state to enact SCTF sites. Ms. Taylor referenced Policy CF65 - does this policy clarify and does the process expedite? Cities should be able to process an SCTF application in 180 days. This excessively long time provides a barrier to DSHS. Section 1 of CF65 requires a process. The legislation states these sites need to have a process for siting. Section 4 is concerning how the cost is allocated proportionally and that the state allows for mitigation, but only if the state provides funds. Section 5 is the Special Area plan. But where is the Special Area Plan described and will it be necessary to go through the Special Area Plan process and a quasi-judicial 'process? Are there limits to time flame of the process? Some processes could become too lengthy. Her next comments were on the code revision and the staff at DSHS appreciates the map the city staff provided in order to identify the zones. The codes provide for sites in industrial zones. The facility is not allowed within 1000 feet of any residential use or within 1 mile of other work release facilities. DSHS suggests the City conduct another GIS study. The 1000 feet from any residential use requirement is more restrictive than state law. This is not a prison but is intended as a community transition facility. The City also requires a detailed security plan, and DSHS prefers to not have that information available as public knowledge. State law provides an opportunity to DSHS to have an ongoing relationship with the city and public law enforcement. Acting Chair Peace stated that the Public Hearing is to remain open. Community Development Administrator Osaki said that at this time the commissioners could ask questions of anyone who gave public testimony. Acting Chair Peace then asked for a response from Planner Aird. Planner Aird said she would work with staff and the City Attorney to develop a line-by-line response to DSHS' written comments and submit to the Planning Commission. Planner Aird will get the requested information to the Planning Commission members by Monday, or in time for the extended meeting on Tues,day. Acting chair Peace moved to continue the Page 4 Public Hearing. The consensus of the commissioners was to continue until Tuesday the 9th of July 2002 at 7;00 pm in the City Council chambers. OTHER BUSINESS 2002 Comprehensive Plan Amendm6n{ - Planning Commission Initiated. Community Development Administrator Osaki asked if the commission has had time to think about what was introduced at the last meeting. Commissioner Jones asked how much more time was needed. Community Development Administrator Osaki asked everyone to please e-mail him within the next week. Community Development Administrator Osaki said the city is required, by 2004, to update the Comprehensive Plan, and is already targeting the process. Over the next two years, staff will undertake a major rewrite of the Plan. Cities are mandated by the State to update their Comprehensive Plan. Once the Planning Commission is through their review in October, then the public participation process will be discussed. Community Development Administrator Osaki will be available in the commission members have questions or suggestions. PLANNING DEPARTMENT REPORT Discussion of the following information items. Updated Tentative Planning Commission Work Plan Staff is currently working on the ElS for the North Auburn drive-in theater site. Staff may have the consultants come in to the next regular Planning Commission meeting. Community Development Administrator Osaki also clarified the site and said staff is looking for commercial and residential development. He has tentatively scheduled the developer for the next meeting. Commission member Jones asked about to the property to the east?. Community Development Administrator Osaki said that is a different property owner and has recently been rezoned per the owner's request. Community Development Administrator Osaki said it is about a 40-acre piece of land and will have approximately 400-500 housing units in the rezoned area. Commission member Jones asked about the infrastructure and the quality of the housing. Amenities and traffic volume was also discussed ' C-1 Zone Amendments Approved by City Council Commission members have a copy of what was approved by the Council. Community Development Administrator Osaki stated that if anyone on the Planning Commission has any questions please call him. Community Development Administrator Osaki also discussed the elections for annexations and the City Council passed resolutions to set forth the process to have the annexation elections on the November Ballot. Community Development Administrator Osaki reiterated that the meeting next Tuesday does not have to be re-advertised, because the date was specifically decided at the regular public headng. Planner Aird said it would also be covered extensively in the local papers. The agenda is sent to the local papers. Acting chair Peace said the term SCTF is unknown to most people. Planner Aird said at this point the public interest is not yet generated. That usually occurs when the siting is taking place. Commission member DiTuri added that the map of the potential sites was a good job and very helpful. If the city is doing an analysis, do the buffer zones, and also, discuss the 1000 feet area. Acting Chair Peace added that if it is zoned for one thing, but has a different use, it would be helpful to see on the map. Planner Aird said the city would actually have to do a ground survey. ADJOURNMENT at 8:05