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HomeMy WebLinkAbout08-06-2002MINUTES OF THE PLANNING COMMISSION MEETING AUGUST 6, 2002 The regular meeting of the Planning Commission was held on August 6, 2002 at 7:00 p.m. in the Council Chambers of the Auburn City Hall. Those in attendance were as follows: MEMBERS: Ward Garna Jones, Karen Ekrem, Peter D~ud, Ronald Douglass, Renee Larsen and Yvonne STAFF: Paul Krauss, David Osaki, Shirley Aird and Patricia Zook The following member was absent: Dave Peace The meeting was called to order by Chairman Karen Ekrem. APPROVAL OF MINUTES: Commissioner DiTuri made a motion, seconded by Commissioner Larsen, to approve the July 2, 2002 and July 9, 2002 minutes. PUBLIC HEARING (continued from July 2, 2002 and July 9, 2002) Chairman Ekrem provided instructions to the audience. The amendments will be discussed together and voted on separately. CPA02-0003 - Comprehensive Plan - Essential Public Facilities./Secure Community Transition Facilities (SCTF) 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. ZOA02-O002 - Sitinq of Secure Community Transition Facilities (SCTF) 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 criteda 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.' Planning and Community Development Director Krauss provided a background of why communities are being asked to site SCTFs as essential public facilities as a directive from the Legislature. Sexual offenders cannot be held for an undetermined length of time. The Court ordered the State to provide a mechanism for release of sexual offenders and envisions SCTFs as a gateway to civilian life. The State is being fined by the court until it establishes an SCTF policy and the deadline is approaching. The Legislature intervened and implemented law saying that DSHS is the agency responsible for siting of SCTFs. He mentioned SCTF siting cdteda. The State says that SCTFs must be sited as an essential public facility under the GMA. The term 'essential public facilities' includes pdsons, airports, group 'homes, etc. Cities are required to accommodate SCTF as an essential public facility at some level. He provided background on Auburn's dealings with the Growth Management Hearings Board related to the BNRR rail yard being determined an essential public facility. At the direction of the GMHB, Auburn had to change its essential public facilities siting criteria. DSHS can preempt a city or county law or ordinance if it stands in the way of locating a SCTF. Some information received has said that SCTF should be located in areas where the clients come from. State staff said that the SCTF will probably accommodate up to 15 persons who must be monitored at all times. King County is the most populous county; therefore, a large number of incarcerated people are from that county. There has been lots of discussion by other Planning Directors and City Managers and discussion whether or not to do anything about establishing r~gulations, -]. MINUTES OF THE PLANNING COMMISSION MEETING AUGUST 6, 200? the medts of doing, if it will be effective and worthwhile to pursue. Some cities have said they are not going to respond, but most communities are attempting to do. Planning and Community Development Director Krauss spoke of the need to establish siting criteda and provide Auburn a chance to influence the process and thereby diminish any effects on the City because the City cannot outdght say no to SCTF. No one wants an SCTF in their community. It is the preference of staff to recommend that the City keep SCTFs away from sensitive areas and certain land uses and away from residential areas. There is a tendency on the part of social service agencies to place group residences in lower income communities, communities with racial minorities, communities where property costs less and communities of color because there is less opposition from these communities. Staff, City Council and the Mayor all say that Auburn has exceeded its fair share of having group homes. The amendments will put Auburn in the best position to ensure equity in how an SCTF is located in the County. There is no specific proposal yet, but DSHS said a facility will be sited in King County. If sited in Auburn, the City needs to be in a position to prevent as much damage to the community as. possible. Auburn Police have assured staff that the number of sex offenders in Auburn is similar to those convicted as sex offenders and these people are not immigrating to Auburn. If DSHS takes the course of least resistance, such as a community like White Center, Hilltop or South King County, then Auburn could be vulnerable. Auburn already has its fair share of providing group homes. DSHS should look at communities like Redmond and other cities as alternative sites. Staff cannot guarantee that the proposed amendments will' succeed and be influential in deflecting the establishment of an SCTF, but it puts City in better position to fight and explain to its residents how the City is trying to protect them and was over ruled by DSHS. If the City does nothing, it could be taking a big chance on being preempted. SCTFs are distasteful and no one wants it in their community. Commissioner Ward asked if real estate values will be a factor in siting SCTF and Planning and Community Development Director Krauss replied that DSHS is on a budget and will go for most economic site. There is a tendency to locate group residences in south King County because of the cheaper land pdces and path of least resistance. Commissioner Ward wondered if facility is sited in Auburn, would we be taking Seattle predators, for example. There does not appear to be provision to assess where most predators are from. Planning and Community Development Director Krauss replied that the State deals with it on a county by county basis. Commissioner Ward inquired what would happen if City decides not to adopt the proposed regulations. Planning and Community Development Director Krauss replied that the City could cross its fingers and hope that an SCTF goes in unincorporated King County. However, if Auburn is chosen and we have done nothing, there are limited guidelines in State law regarding where to locate an SCTF. Commissioner Larsen wondered if DSHS is looking at prioritizing a facility where zoning is already in place and Planning and Community Development Director Krauss said this is unclear. He has talked with other cities and most cities have determined it is better to make an attempt at siting cdteda. Commissioner Larsen wondered if provisions are in place, does it make it easier for DSHS to place an SCTF in Auburn. Planning and Community Development Director Krauss said the proposed amendments obligate DSHS to demonstrate that they are not dumping SCTFs in area that already has its fair share of group homes. Commissioner Larsen wondered if the regulations are just a polite request to DSHS. "Planning and Community Development Director Krauss replied that DSHS could say SCTF is an essential public facility and pre-empt the City. It is very important to make an attempt to site where Aubum wants an SCTF rather than DSHS siting where they want. Commissioner Jones wondered if language is in place, does this make it more expeditious for DSHS versus a community that has done nothing. Planning and Community Development Director Krauss said DSHS could put it where they want and go through SEPA process and DSHS would be lead agency. Auburn is asking DSHS to look at alternative sites and not just pick an area that has cheap land. The regulations provide additional 'hoops' for DSHS to jump through. -2- MINUTES OF THE PLANNING COMMISSION MEETING AUGUST 6, 2002 Commissioner Ward asked if passing regulations waives a City's challenge to environmental justice claim; any analysis of this. Planning and Community Development Director Krauss spoke about the short time line and from discussions he had with other cities, the majodty are considering ordinances in place for siting SCTF. Commissioner Douglass wondered if Aubum has requirements. Planning and Community Development Director Krauss said DSHS will have to look at alternative sites as basic cdteda. DSHS has lots of authority to steamroll if they want. Commissioner Ward wondered about discussion in Legislature about DSHS having such vast power and anyone saying the law is not valid. Planning and Community Development Director Krauss commented that pre-emption of local regulations is a favorite tactic and spoke briefly about BNRR matter and its impacts. Congress changed the law to pre-empt State and local laws related to oil and gas companies, for example, as essential public facilities. Commissioner Ward received correspondence from Marilyn Pederson, representing the Concerned Citizens of Auburn, dated July 27, 2002. She distributed copies of the letter to the Planning Commission and to those in the audience. Chairman Ekrem wanted to remind the audience that Planning Commission and staff are not debating the law of whether or not to have SCTF facility. Discussion is whether or not Auburn should amend its Comprehensive Plan and Zoning Ordinance to have regulations in place for siting of an SCTF facility. Frank Rice, 1811 F Street SE #2, said 'regional serving area' is referred to in the documents, and was told at Planning Department counter that a map was not available. The regional service area needs to be defined. M1 and M2 are areas where SCTF could go, but more specifically define what 'region serving area' is and say only in M1 and M2. Planning and Community Development Director Krauss said that the Comprehensive Plan contains a map showing th® region service areas. The Zoning Code amendments allow SCTF only in M1 and M2 areas which are both industrial zones. Community Development Administrator Osaki said that at the July 2 public hearing, a representative from DSHS was present and submitted a letter that had questions and concerns regarding requirements. DSHS feels demands placed on them by court that any local government should be able to permit within 180 days. They were concerned if Auburn code requirements met their needs. They did review and expressed concern. Staff feels comfortable with the proposed language. Richard Reel, 605 West Main Street #3, lives near the Interurban Trail which is dangerous at night. If the City has an SCTF, there should be signs telling people they are entering an area that has such facility in order to protect the citizens. He wants to know if he enters an area that has an SCTF facility. This will provide warning to the public. Planning and Community Development Director Krauss said that staff is in the process of making an overlay to identify protected areas such as trails, parks, school, etc., with line of sight indicated with concentric circles around neighborhoods that have sensitive areas. He is unsure if you can install signage alerting that SCTF is in the area. .... Bill Peloza, 11203 SE 327~, asked if City plans to lobby against SCTF and asked if there is any monetary value to have SCTF in the community. Will the proposal include enhancements to Police man power. Planning and Community Development Director Krauss said it is hard to lobby against something that has not yet been proposed for the area. The State legislature passed the law and is uncertain whether lobbying them would be successful. There was a proposal to help defray police costs associated with an SCTF, but the State dropped this. There is a negative cost factor to the community. SCTF is not half way house where residents can wander off, but a secure facility where residents are locked in and monitored 24/7. There was proposal to have SCTF located in an area with quick police response, but this was also dropped. -3- MINUTES OF THE PLANNING COMMISSION MEETING AUGUST 6, 2002 Mike Stanley said the City should require the State to have insurance for damage to children and home values. State should be required to insure City against costs for children's' mental health because an escape will eventually happen. City should prevent out of pocket expense to City related to mental health services for victims. Planning and Community Development Director Krauss advised that the answer is no for requiring insurance. Commissioner Ward referred to portion of law, 'no cause for civil action .... '. The State is immune, but the City will pay. The State has protected themselves when they wrote the law. Terrance Johnson, 3501 AubUrn Way South #50, is a former offender and understands public's concerns. There are sex offenders in Auburn and they are walking around like anyone else. He is not sure if the industrial zoning will help. He spoke about the counseling that offenders receive. Commissioner Ward advised that sexual offenders is a broad classification of offenders with a high risk to reOffend and guaranteed to reoffend because they are not complying with therapy. The question is whether Auburn should become the center of King County for highest risk categOry of offenders. Colleen Fletcher, 2725 Forest Ridge Drive SE, said the City should not use 'line of sight of' from church, school, but rather do within one mile. Use a number of blocks or within one mile - but a specific distance. She wants the City to do whatever Mercer Island is doing because they will not get an SCTF. She complained that tonight's meeting is the same night as t-ball awards and many people did not attend. Planning and Community Development Director Krauss advised that the City cannot say no; State has not given City that authority. The language 'line of sight' is in the State law. The regulations speak to increased distance from other group homes and schools. If you put in the one mile distance from all sensitive areas, you cannot put SCTF anywhere and State will invalidate the City's ordinance. DSHS is a State agency under Federal court supervision. Jan King, 607 31't SE #100, is mother of a victim. Her son is going through counseling. Is there a way to say that Auburn has had enough of these things being located here? Any way to tell people that we have had enough? Charlene Rice, 1811 F Street SE, asked if Auburn is chosen as SCTF site, will the citizens have a chance to have input with the State. Community Development Administrator Osaki remarked that based on the regulations proposed tonight the answer is yes. The essential public facility portion speaks to ample citizen participation. The minimum is if SCTF is located in M1 or M2 zone, it would be subject to a conditional use permit with public hearing and public comment. He spoke about the public notice requirements. Word of mouth would provide larger notification to public. He described the Hearing Examiner process. However, if DSHS says Auburn regulations are too onerous, they can pre-empt the city. Debra Daniels, 1506 35~ Street SE, asked about City liaison person working with DSHS if SCTF is in town. Planning andCommunity Development Director Krauss has no knowledge of Auburn being a potential site for SCTF. However, Auburn is vulnerable because of its location in south King County and as being the site for group homes in the past. Chairman Ekrem remarked that SCTF facility will be placed somewhere in King County and the proposed chai~'ges are toprovide Auburn with guidelines should Auburn be identified as a potential SCTF site. The residents are monitored under 24/7 supervision with supervision provided by DSHS not Auburn Police. Anastacia Nicole, 26 E Street SE, asked how many level 2 and level 3 sex offenders live in Auburn. She checked King County website to see how many live close to her. How does the number of offenders living in Auburn compare to other cities? She is worried about the residents being transitioned into town. There needs to be some provisions in place to say that Auburn will stand up to DSHS and show that the community cares. Auburn needs to receive respect from the State. She believes that property values will decrease and Auburn will become a poor commUnity. Planning and Community Development Director Krauss commented that Police Department says the number of offenders is equivalent to number of -4- MINUTES OF THE PLANNING COMMISSION MEETING AUGUST 6, 2002 offenders arrested here. It does not appear as though Auburn has become 'home' to sex offenders from all over King County. Commissioner Ward commented to audience that the City has two options: the first is to do nothing; second is to have siting regulations established. The second option allows the City to have some control over what happens. Frank Stanley asked if Aubum has control over what the facility would look like. If SCTF is in town, he wants to go through the building and point out defects. Planning and Community Development Director Krauss advised that the State is still discussing size of SCTF facility, no plans are available and there is not much information available from the State. There are no design standards for such a building. He then spoke about the conditional use permit process and building codes. Fran Fetterman, 607 37~ Street SE, said puffing in regulations for SCTF is best otherwise DSHS can do what it wants. She related an experience of a power company attempting to put up tall towers, the town objecting and the towers were moved. She is concerned about what the State wants to do to the community. Charlene Rice commended the Planning staff for putting the regulations together, but is still worried about what might happen. She heard that Bellevue and the Eastside are not putting regulations together. She wondered if Auburn having regulations in place will make it more likely that Auburn receives SCTF facility. Wally Jensen, 116 G Street SE, said three years ago his son is a victim of a sexual predator who was arrested as a level 4 offender. He does not want these kind of people living in town. The Police were not notified that this offender was back in the community. He commended staff and Planning Commission for their work on regulations, but does not want SCTF in town. Auburn needs to get tough with the State. The victims do not have any rights and his son is still in counseling. Sue Craig, 112 1 Street SE, spoke about a neighbor who was harassing her daughter for 18 months and she told the Mayor and Police and DSHS. If an SCTF facility is in town, there will be no protection for citizens from comments from the residents. DSHS is building a house for sexually aggressive youth near her house and people do not know about this. Will pictures of the SCTF residents be published on website or in the paper?. Auburn residents have a right to know what these people look like. The SCTF people will eventually transition into the community and go to parks and stores. The City needs to have as many regulations as possible in place for SCTF. Deborah Daniels agrees that the City must have SCTF regulations in place. Residents are not only child molesters, but also sexually violent perpetrators. Chairman Ekrem informed audience that they can contact the Planning Department and receive copy of the complete packet of information that was reviewed by the Planning Commission. Charlene Rice wondered if the City chooses to do nothing and is chosen as a site for SCTF, can Auburn then put forth the regulations. Planning and Community Development Director Krauss advised no because DSHS has given cities until September I to respond and at end of September to October will start the process to locate SCTF. The regulations must be adopted pdor to September 1. Frank Rice stressed that the City must put regulations in place and needs to do something positive. He commends staff and Planning Commission for dealing with the subject. He wondered about additional steps related to transitional housing for released criminals beyond what is proposed now. Planning and Community Development Director Krauss remarked that many group residences are allowed to locate without any permits being required according to the Federal housing law and spoke about the Federal law guidelines. The City has the ability to react to SCTF because the State gave DSHS -5- MINUTES OF THE PLANNING COMMISSION MEETING AUGUST 6, 200? ability to site the facility. Some group homes aro for physically or mentally handicapped and if it functions as a single family home it is beyond the City's ability to regulate. A couple of the larger group homes have a conditional use permit which the City can regulate such as Chartley House. Commissioner Ward made a motion, seconded by Commissioner Jones, to close the public hearing on CPA02-0003 and ZOA02-0002. The motion passed. Commissioner Ward made a motion, that Planning Commission recommends that the City Council fully consider all options to ensure Auburn is not unfairly targeted as a site for King County's high dsk sex offenders. The Commission recommends that, if the Council determines that amending the Comprehensive Plan and Zoning Code will maximize protection of our community, the Comprehensive Plan be amended as follows: Without waiving any dghts to challenge the validity of engrossed Substitute Senate Bill 6594, the City adopts amendments to CPA02~0003 amending the Auburn Comprehensive Plan Chapter 5, as submitted with the following amendments: Section CF 65, subsection 8h, "Whether the State proves by clear, cogent, and convincing evidence that 1) a sufficient and reasonable number of alternative sites have been fully, fairly, and competently considered; and 2) such sites were found to be unsuitable under applicable standards." And requiring enhanced notification procedures to the public if DSHS indicates an intent to locate such a facility in Auburn; and requiring signage in the region of such a facility to fully notify the public of its proximity. Commissioner Jones seconded the motion. Commissioner Ward clarified that motion does recommend adoption of Section 8i as well. Planning and Community Development Director Krauss advised the motions should be separate for the Comprehensive Plan and Zoning Ordinance amendments even though they aro interrelated as City Council will have to accept or deny individually. Commissioner Ward said her rationale is to recommend that City Council do a full analysis and reserve the dght to challenge legality, and adopts staff recommendations related to making suro that Auburn is not singled out because of cheaper land values or other socioeconomic and environmental justice factors, and require that DSHS review alternative sites. Commissioner Douglass believes the amendments present good restrictions to DSHS for siting SCTF facility because they cannot merely walk into town and site. Commissioner DiTud expressed concern about words 'site unsuitable' and whose standards apply and Commissioner Ward said that is statutory standards with direction to DSHS. Commissioner Jones said the motion has the correct tone and City Council can reword. Clear meaning is presented to Council. Discussion of changing word 'applicable' to 'statutory' and consensus to leave as is and let City Council determine exact wording. Commissioner Jones assumes that Council will know that the Planning Commission heard testimony and that the public consensus was that Auburn needs to move forward with regulations to maximize our ability to protect the community and that the Planning Commission is in agreement. Doing nothing is unacceptable and could put Auburn at greater risk. The motion passed. Commissioner DiTud moved and Commissioner Larsen seconded, to recommend forwarding the Zoning Code amendments (ZOA02-O002) to City Council as proposed by the Planning Department. The motion passed. Planning Commission consensus was that the Planning staff did a groat job in preparing the amendments and bdefing the Planning Commission. Chairman Ekrem recessed the meeting at 8:50 p.m. and reconvened the meeting at 8:55 p.m. -6- MINUTES OF THE PLANNING COMMISSION MEETING AUGUST 6, 200? PUBLIC HEARING Chairman Ekrem opened the public hearing. ZOA02-0004 -Amendments to Auburn City Code (ACC) Section 17.08.010 entitled "Improvement Methods" to revise requirements pertaining to financial securities that may be used to guarantee publiC improvements required in connection with plats being developed within the City. Community Development Administrator Osaki presented the staff report and commented that the City Attorney is updating the City Code. Public Works Department identified a provision to be amended in the subdivision code. Even though the amendment does not deal with land use, the Code says that Planning Commission must conduct a public hearing on amendments to the Land Division Ordinance. He explained the improvement method provisions, the alternatives for developers, and the bonding provisions. The amendment expands options to developer to ensure to the City that improvements are made. It is a guarantee to the City that the improvements will be completed. Commissioner DiTuri inquired if there is any change in risk to the City and Community Development Administrator Osaki replied that there should not be. Assignment of funds is currently not allowed, but would be allowed with these changes. Commissioner Jones inquired how the changes came about and Community Development Administrator Osaki replied that the City Attorney had concerns about bonds being used as financial guarantee because some bending companies have gone bankrupt. Commissioner Larsen made a motion, seconded by Commissioner DiTuri, to close the public hearing. The motion passed. CommisSioner DiTuri made a motion, seconded by Commissioner Larsen, to recommend approval of the amendments to Section 17.08.010 entitled "Improvement Methods". The motion passed. 2002 COMPREHENSIVE PLAN AMENDMENTS Community Development Administrator Osaki advised Commissioners that notebooks will be prepared and reviewed at the September meeting. A special meeting may have to be scheduled for discussion of other items. The City Attorney is gather information related to adult entertainment, the Sensitive Areas Ordinance is also being prepared, and the Storm Drainage Plan is returning. INFORMATION Tentative Work Plan County Leads in Fighting Sprawl article from the South County Journal No discussion occurred. ADJOURNMENT With no further items to come before the Commission the meeting was adjourned at 9:15 pm. PC~AGND\,MIN 08-2002 -?.