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HomeMy WebLinkAbout12-03-2002MINUTES OF THE PLANNING COMMISSION MEETING DECEMBER 3, 2002 The regular meeting of the Planning Commission was held on December 3, 2002 at 7:00 p.m. in the Council Chambers of the Auburn City Hall. Those in attendance were as follows: MEMBERS: Garna Jones, Dave Peace, Ronald Douglass, Renee Larsen and Yvonne Ward STAFF: David Osaki, Sean Martin, Jeff Dixon, Bill Mandeville and Patti Zook The following member was absent: Karen Ekrem and Peter DiTuri The meeting was called to order by Vice Chairman Dave Peace. APPROVAL OF MINUTES: Commissioner Douglass made a motion, seconded by Commissioner Ward, to approve the minutes of the November 6, 2002 meeting. The motion passed. DISCUSSION: · Adult Entertainment Regulations Planner Martin said that the discussion on this topic began at the last meeting and tonight the Planning Commission will discuss the definitions and separation criteria. Future meeting discussions will include zoning districts, separation requirement, amortization and special design standards. Some definitions are to be replaced by the revised definitions and reorganized so that there are more comprehensive definitions. He then reviewed the proposed definitions. Commissioner Ward asked where the definitions come from and Planner Martin replied that they were compiled from definitions from other cities such as Federal Way, Renton, Tukwila, etc. Commissioner Ward referred to phrase of adult entertainment merchandise and that this should include adult paraphernalia. This definition should have inclusion of products. Planner Martin reviewed the definition of 'adult retail establishment' which seeks to create a that would apply to these types of businesses and some percentage should reference adult merchandise. Commissioner Ward pointed to the 'adult entertainment merchandise' definition which currently appears to apply only to porno/erotica and believes this definition should include 'adult material' and list products defining adult entertainment merchandise. As an example, someone could open a business with sex toys and not actually be depicting sex, but the merchandise is sexually explicit and would need to be separated from schools and churches. She spoke of the need to develop the right language to describe adult paraphernalia. She wants to know what other cities are doing and how they have defined it. Planner Martin said that in the cities reviewed they did not have as inclusive a list as Auburn's proposal. Planner Martin will talk with City Attorney and see what other cities are doing. Commissioner Douglass said that the 20% threshold figure bothers him. Planner Martin said there is difficulty in how categorize adult uses because some have mixed merchandise such as the Lovers Package store which has clothing (lingerie) that you would find at a mall store and some merchandise is not found at mall store. The 20% figure is consistent with what other jurisdictions have done. The percentage needs to be agreed on and documented that 20% inventory becomes more of adult use versus a Spencers-type store. Spencers is located in mall and has a couple adult oriented shelves. The percent determination will help establish what business is adult use. Commissioner Larsen is concerned if the percentage is reduced to 10% that certain businesses would not be allowed. She requested that staff check with other cities to see what percentage they are using. Planner Martin mentioned that in 1996 the SuperMall expressed concern that they did not want to lease to -1- MINUTES OF THE PLANNING COMMISSION MEETING DECEMBER 3, 2002 anyone for an adult use store. The 20% is based on stock and trade in adult use and dollar value of revenue. Discussion occurred on how to regulate this. The City could check store invoices or audit the stores. Consensus was that direction is needed from the City Attorney. The 20% figure is consistent with regulations from other jurisdictions that staff reviewed. Discussion occurred on keeping sexually explicit items together and hidden from view, or in a separate room, having portion of store set aside for this so as to keep away from kids. Discussion occurred with idea of using 10% figure, and if storeS do not meet this percentage requirement, could they still have designated area so that kids are not exposed to sexually explicit material. The percentage must be based on fact and definitions and applied equally. Planning Commission must determine if store similar to Lovers Package falls into adult use category. Vice Chairman Peace wondered if other jurisdictions require that adult use material be screened. He believes it would be difficult to regulate how the material is displayed. Planner Martin commented that some jurisdictions say that the material cannot be visible from the street. The video business in the plaza has opaque windows that cannot been seen through. Staff will outline percentages used by other jurisdictions at the next meeting. Commissioner Ward referred to convenience stores, if 20% of their stock is adult oriented, this is a large portion of their business, and how to protect kids from viewing. The adult use material would be accessible and viewable by kids. Community Development Administrator Osaki said the proposed 20% is stock and trade requirement and is minimum other criteria is to be evaluated by the Planning Director. Community Development Administrator Osaki mentioned that the City defines adult use as 20%, a business with 10% of adult merchandise is then no longer considered to be an adult use business and no need then to protect sensitive areas. The percentage is going to be important. If business is below the defined percentage, they would not be considered an adult use. Commissioner Ward inquired about challenges to the percent requirement. Planner Martin was unsure if this was challenged. If set at zero percent this would be too restrictive. The 20 % is in the existing City definition for book and/or video store. Planner Martin mentioned expanding the 18.04.026 definition and if this definition should encompass other activities. The definition may be reworded a bit. Commissioner Ward spoke of determining what to protect such as the YMCA, SuperMall, movie theaters, etc. If the City concludes adult uses are a public safety issues then the City would need to amend the adult use definition. She spoke about areas where youth congregate. She would like to see social gathering places for youth such as the Y and mall put on the table for discussion and see what information comes forward. Planning Commission is to do fact finding and determine what to protect and build the legislative record. The City could pursue providing protection to these sensitive areas as warranted and have this in the legislative record. This is an issue for the City Attorney to address. The 15th Street corridor is harder to defend. Commissioner Jones spoke of visual pollution from adult use businesses and is concerned about protecting the City's image and the perception of the town. She does not want adult use businesses located on any arterials such as 15th Street. Commissioner Douglass asked about separation of the adult uses or having adult uses located together. Planner Martin said that the City Attorney wants to discuss this and the existing 1,000 foot separation at a future meeting. -2- MINUTES OF THE PLANNING COMMISSION MEETING DECEMBER 3, 2002 Commissioner Larsen said that having adult uses together will attract certain groups of undesirable people and may promote crime in that area. Planner Martin said the concern is incrementalization. If it is permissible for two such business to locate together, why not three business. This will be discussed further. Discussion occurred of the 1,000 foot separation radius around sensitive areas. Planner Martin said there will be several more discussions with Planning Commission before the public hearing. The Planning Commission will define what type of notification they require to the public. · Terminal Park Neighborhood Plan-Stakeholder Review Draft Community Development Administrator Osaki said the area plan for this developed area poses certain challenges. The planning process started a year ago. Commissioner DiTuri has been attending some of the stakeholder meetings and staff received his comments on the draft plan. There will be an area-wide meeting in January and the Plan will come to the Planning Commission as an element of the Comprehensive Plan. Commissioner Jones suggested Planning Commission read the Plan and present questions at the next meeting. She also wants to have a work session on the Plan. Commissioner Ward said the Plan is easy to read. Community Development Administrator Osaki said there may be a work session on adult uses in January and there may.be a public hearing on another issue also in January. Commissioner Douglass asked about the matrix located in the back of the plan and wanted to know who designed it and who fills in the priorities. Planner Mandeville replied that the matrix is a summary of goals and strategies and will eventually be put on the City's website as a progress report. The plan itself will also be available on the web. · Northeast Auburn Special Area Plan/ElS Community Development Administrator Osaki advised Commissioners that the City is working on a special area plan and ElS for the drive-in theater site redevelopment. He spoke about the process for development of the site which is in the very preliminary stages. He wants to keep Planning Commission aware of what is happening and to get Planning Commission's vision for this area. The process will take approximately one year maybe longer. Planner Dixon commented that the agenda packet contains material that was distributed at the recent open house. He provided background on development of the site. Robertson Group, current property owner of the drive-in theater, is pursuing a special plan area and ElS. The City has signed agreements with the property owner and consultant firm. There is one principal consultant firm and five sub-consultant firms. The property involved in the special plan area will be 55 acres of the total 90 acre site. The entire 90 acres will be studied in the ElS process. He pointed out streets surrounding the site and spoke about I Street extension. Auburn owns the I Street right-of-way. There is talk about moving I Street and the project would have access to the I Street arterial. He then pointed out the Port's wetland mitigation site. The Comprehensive Plan map was changed a couple years ago. Planner Dixon pointed out the site's zoning which is Unclassified, a holding zone and assumes the R-1 development standards. He spoke of the unrealized development potential of the site. The site will allow transition from the more intensive commercial development on Auburn Way North. The City recognizes the potential for additional commercial development on the site and anticipates a higher quality development there. He spoke about established policies and goals for land use and infrastructure. Planner Dixon commented that the ElS is only one component of the project. The study will analyze changes in zoning and Comprehensive Plan and the impacts of the development proposal. This is -3- MINUTES OF THE PLANNING COMMISSION MEETING DECEMBER 3, 2002 considered a planned action ElS with a fairly significant level of detail. The second component is the special area plan with goals and policies to direct development at the site. Planner Dixon listed some of the elements of the environment to be studied in the ElS. There are physical and environmental issues to be studied, as well as social and fiscal impacts too. He spoke about the scoping process. The City will put out a public notice of issues to be studied and solicit comments. He stated again that the process is in its very early stages. Staff is introducing the concept to the Planning Commission and the community. The SEPA has its own process including the scoping process. City will invite comments on what is studied in the ElS and issue the draft ElS. This will allow additional comments before the final ElS is issued. The recent open house was to make citizens aware of this proposal and what it might consist of. Staff and proponent are still formulating of what is to be studied. Planner Dixon remarked that there are challenges for the area and it is constrained by a floodplain. The are no storm water facilities, water and sewer utilities are in the roadways and must be brought into service the site, issues about I Street extension, and connections to arterial streets. The City wants to limit the number of access points to arterials. Some of these issues will be studied during the ElS. The Port of Seattle will be creating surplus flood storage and the storage could be available for adjacent properties. Planner Dixon said the proponent has put together three different options for development and these concepts are for discussion purposes only. He reviewed colored overheads showing the different options which have a mix of multi-family, retail and commercial. The options are representations of what could be on the site. It would be a mixed use center to allow flexibility in the land use mix. It will take multiple years to complete the construction project. The proponent wants to remain responsive to market changes and vary the land use mix in response to market needs. Commissioner Ward asked how to ensure the traffic study is relevant and reflects what will actually happen on the site. Planner Dixon responded that the City is using a transportation model to evaluate the impacts of different develop scenarios. This new traffic model will be used in analyzing the traffic impacts from the project. The model adds input about trip generation to determine the impact to local streets. Commissioner Ward asked how long the City has been using the model and when was it updated and Planner Dixon said the model is now updated. Commissioner Larsen wondered about the multi-family housing proposed for the area. Planner Dixon said the applicant plans to make the multi-family units attractive. The project will be surrounded by heavily traveled arterials and will be a transition from the adjacent residential area. Commissioner Douglass wondered about a proposal for the entire 90 acres. Planner Dixon said there is the opportunity to review of development on the rest of the area during the ElS process. Commissioner Ward inquired about a park for the multi-family housing. Planner Dixon said this was not yet determined. They are looking at opportunities for recreation for the multi-family housing residents. The type of multi-family units is not yet determined. He then showed representative examples of what the multi-family and retail could look like. He stated again the process is in its very preliminary stages. There are impacts on recreation and there is need for recreation to be addressed in the ElS. He spoke about pedestrian amenities and pedestrian connections. Staff envisions that the development proposals will be refined and evolve into alternatives to be studied in the ElS. Applicant has suggested these three options and there could be some that have different arrangements of streets on the site and there could be more alternatives. The exact proposals are evolving. Commissioner Jones wanted to know the number of people attending the open house. Planner Dixon said that property owners within 1500 feet of the project were notified and approximately 30 attended the open house. Information was also on the City's website. Commissioner Jones wanted to know what -4- MINUTES OF THE PLANNING COMMISSION MEETING DECEMBER 3, 2002 determines the notification circle. Community Development Administrator Osaki indicated that staff determined that 1500 feet incorporated residential areas. The 1500 feet notification area also covered all property between the site and the river. Commissioner Jones wondered if the proposal is not yet determined, what was the purpose of the open house. Planner Dixon said the open house was an effort to get people involved in the proposal, invite comments early on in the process and incorporate the comments at the beginning stage. The City is being more proactive in soliciting comments. People attending the open house were appreciative of being contacted and these people learned about the proposal and how the area will be affected, and how the proposal will affect their property. Commissioner Ward said the project is big and will change the character of the community. The project will affect all of Auburn and affect the traffic through' the area. The project will affect more than just the adjacent people. She spoke about why she likes broader public notification. Commissioner Ward inquired how to consider the project's impacts on other parts of the City such as downtown. Planner Dixon advised that the subconsultant on the project will do a fiscal analysis. The project will be an opportunity for revenue for the City. To be viable uses there needs to be the ability to make distinctions between the types of commercial here and could be the types of commercial not in competition with downtown businesses. Commissioner Larsen wondered about a big box retail store being located on the site. She likes the idea of keeping people living and working and shopping and playing in Auburn. Planner Dixon said that retail could be a big box store, because there will be traffic going by on the major roadways and retail could intercept this traffic already on the road. Planner Dixon spoke about additional opportunities for public input through the scoping process and the draft ElS and then pointed out the timeline. Staff and proponent will be refining development alternatives to coincide with the scoping process and determine what is to be studied in the ElS and alternatives in the ElS. Commissioner Jones confirmed the type of development will be determined by many factors and wondered if the land will be able to handle the amount of people. Will the ElS have factors to look at how much development can actually occur on the site? Planner Dixon replied that the alternatives in the ElS may become less commercial than currently being proposed. There will be an ElS and special area plan and staff envisions these two to be prepared, make Comprehensive Plan designation changes and zoning changes. The ElS will look at different alternatives and determine the specific ramifications of these such as demand on utilities and the street network. He spoke about the public input process again and the formal public input process after the scoping and at draft ElS issuance. Commissioner Jones spoke of the need for an additional open house so that people can actually see what is being proposed for the site. The determined impacts should be presented to people who attended the initial open house. Commissioner Ward likes idea of additional open house and requested that applicant's experts be present to answer questions. Planner Dixon said that staff will invite comments and letters, etc., in order to make the process as inclusive as possible. This is an exciting opportunity for the City to have an underutilized area developed. There are some site constraints, but the development will be a benefit in this part of the City. Stuart Young, representative for Robertson Group, said that their options showed the most intensive use of the site. The site has wetlands and high water table to deal with, as well as drainage issues. They will integrate trails and parks to become the theme of the project. The pictures presented were representative only. They are at the very beginning stage of the project development. He spoke of the important of networking of the roads. The realignment of I Street is significant as well as how their project interconnects with established roads. -5- MINUTES OF THE PLANNING COMMISSION MEETING DECEMBER 3, 2002 INFORMATION: · Planning Commission Work Plan Not discussed. ADJOURNMENT: With no further items to come before the Commission the meeting was adjourned at 9:20 p.m. PC~AGND\MIN 12-2002 -6-