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HomeMy WebLinkAbout08-05-2003MINUTES OF THE PLANNING COMMISSION MEETING AUGUST 5, 2003 The regular meeting of the Planning Commission was held on August 5, 2003 at 6:30 p.m. in the Council Chambers of the Auburn City Hall. The regular meeting was preceded by a study session that began at 6:30 p.m. Those in attendance were as follows: MEMBERS: Karen Ekrem, Ronald Douglass, Renee Larsen, Yvonne Ward and Kevin Chapman STAFF: Paul Krauss, David Osaki and Patti Zook The following members were absent: Garna Jones, Dave Peace The meeting was called to order by Chairman Karen Ekrem. STUDY SESSION - 6:30 pm - 7:00 pm · Adult Use Regulations Discussion Community Development Administrator Osaki advised that City Attorney Held is not present to provide additional information tonight. He introduced the new Planning Commission member, Kevin Chapman. He inquired if the Commission still wants the agenda structured with study session from 6:30 to 7:00 m and the public hearing at 7:00pm. The official start time remains 7:00 pm. The idea was to have study session prior to the regular meeting. Community Development Administrator Osaki mentioned that he will try to itemize where the Commission is on this issue and address any remaining issues. He spoke about incorporating the proposed language into a draft ordinance for review. Discuss further if the 20% rule is appropriate for definition of what makes an adult use business. There was a discussion about Video Blue and measuring the distance from adult use business to sensitive area. Planning Commission indicated they wanted the separation distance to be measured from the wall of adult business and not from the edge of the nearest property line. The Commission wants information on how grandfathering affects adult use businesses. The Commission was asked about design standards and whether to integrate these into the ordinance. Commissioner Ward said that the argument that the businesses have is valid and that the public should hear from the businesses too. Planning Commission received input from the owner of Lovers Package who said the percentage could be manipulated. It is unclear if the City should go to 20% or lower or raise the percentage; no conclusions were reached. Planning Commission needs input from the public regarding the percentage. The draft ordinance should reflect that Planning Commission is considering a percentage between 10% and 30%. Commissioner Larsen believes that the 20% requirement talked about previously is tight. Commissioner Ward mentioned that she asked City Attorney Held to look at percentages and Planning Commission received input from businesses of what the percentage means. Planning and Community Development Director Krauss said in order for the percentage to be enforceable, if the standard is based on percentage of income derived from adult use, this requires an independent audit. A standard based on how much stock is one type or another is also difficult. There needs to be a simple way to breakdown if physical square footage of building. Planning and Community Development Director Krauss said the floor space requirement would be irrefutable. The question is who would do the audit, who would pay for the audit, and whose data will be used. Commissioner Larsen said this depends on how much selling of 20% is floor space because this could be the only reason they are in business. Commissioner Ward said that business would want to keep accurate records to address any concerns. She suggested looking at ordinances from other cities to see how they handled this. Commissioner Larsen said that business should be required to keep separate records, could use their computer system for controlled item or not, similar to what is taxed and what is not. There should be requirement that they be able to keep records with their computer. -1- MINUTES OF THE PLANNING COMMISSION MEETING AUGUST 5, 200t Commissioner Douglass said it would be up to the businesses to demonstrate compliance and to show that they are in compliance. He said the audit would be done only if there are complaints about a business. Planning and Community Development Director Krauss cautioned that if there are repeated complaints this could be considered harassment. Commissioner Ward said this would be the same way that neighbors tell on each other about code enforcement issues. Planning and Community Development Director Krauss said there are situations where neighbors do not like each other and complain about each other. The City cannot do repeated audits. Commissioner Ward spoke about having some discretion based on review. Planning and Community Development Director Krauss said if the audit is a requirement, then be specific if the audit is periodic; say, valid for a certain period of time, perhaps six months or a year. Commissioner Ward wondered how other cities are handling this. Planning and Community Development Director Krauss offered that several cities write regulations that are 'gospel' until someone tries to enforce and problems arise. Community Development Administrator Osaki stressed the need to have specific percentage spelled out in the ordinance. The exact percentage, whether 10% or 20%, still needs to be determined. Commissioner Ward offered that at the time of public hearing, the parties can comment on which percentage. Commissioner Larsen spoke of need to determine which percentage meets the needs of the citizens the best. Community Development Administrator Osaki mentioned that City Attorney Heid will still provide the Commission information regarding grandfathering. What are Planning Commission thoughts about development standards, such as appearance of building, signage, etc.? City Attorney Held said that you do not necessarily need the development standards, and there could be problems or concerns about any additional 'roadblocks' over and above what is required in that zoning district. City Attorney Heid said there could be the appearance of additional roadblocks and Planning Commission may not want to do this. Commissioner Ward said that some ideas in the proposal were good, but is concerned about potential signs that would be used to advertise adult business, such as a giant woman. She inquired about the sign standards in the City. Community Development Administrator Osaki said that the sign standards apply to all business uses. Commissioner Ward wondered about discussing content of the business such as 'sexually provocative'. Community Development Administrator Osaki provided information on the City's work so far with the Sign Code Committee which is tasked with revising the City's. sign code. He will communicate the Planning Commission's concerns to the Sign Committee. Commissioner Ward commented that she is not concerned about the colors of the building, but cannot speak for other Commissioners. Chairman Ekrem wants the Commission's concerns about signs relayed to the Sign Committee. She is looking forward to City Attorney Heid's report regarding grandfathering of adult use businesses. Community Development Administrator Osaki confirmed that he will relate Planning Commission concerns and comments to the Sign Code Committee. REGULAR MEETING - 7:00 pm · Approval of Minutes of July 8, 2003 Meeting Commissioner Ward referred to page 4, 6th paragraph, and wanted to clarify her statement that staff says that 'nothing will be lost' by eliminating the five notices. Commissioner Ward had many questions about the cost of erecting the notices on utility poles and why staff wants to eliminate the notification, and there was more discussion about this than is reflected in the minutes. She wanted this to be clear for the record. Commissioner Ward made a motion, seconded by Commissioner Larsen, to recommend approval of the minutes with the correction as noted. The motion carried. -2- MINUTES OF THE PLANNING COMMISSION MEETING AUGUST 5, 2003 PUBLIC HEARING · ZOA03-0002 - Text Changes to Auburn City Code Titles `14, `16, '17 and '18 related to Public Posting Notice Requirements Community Development Administrator Osaki commented that at the end of the last Planning Commission meeting, staff noted that the Planning Commission would have public hearing and suggested that the Planning Commission itemize the facts and findings into the ultimate record for PCDC and Council. Commissioner Ward says that she was not provided adequate notice about the public hearing tonight. One way to address this is to open the hearing, take any testimony, and continue hearing to September meeting. Commissioner Ward remarked that the Mayor set the public hearing on this matter. She requested advance notice of the public hearing on whether to reduce the notice of land use changes. There was suggestion that the findings be drafted and she talked to the Mayor about this and that the Mayor had said that Planning Commission can continue the hearing. Community Development Administrator Osaki advised opening the public hearing and continue it to September, but take any testimony from those in the audience tonight. Following tonight's meeting, it is the obligation of staff to post notice on the Council Chambers door informing the public about the continued meeting. Chairman Ekrem said that unfortunately she was not at the last meeting and has some catch up to do. There appears to be some concern following discussions at the last meeting about not adequate notification of public hearing tonight. She is hearing that Commissioner Ward wanted additional notice. Commissioner Ward said that Mayor set the matter for public hearing, she asked that Planning Commission get advance notice, and let Commission know about this so that she could prepare findings (at Community Development Administrator Osaki's recommendation) for Council to look at. She did not receive adequate notice and did not have time to prepare the findings. The issue is to make sure the public has notice of the proposed change. Everyone agreed, but this fell through the cracks. Commissioner Douglass wanted to confirm that Planning Commission would open public hearing tonight, take testimony, continue public hearing to September meeting. Community Development Administrator Osaki said that in terms of tonight, Planning Commission was informed about notices made, and told about the list prepared of those who received notice. Planning and Community Development Director Krauss said that notice given on hearing was the statutory notice. More notice was provided for this than for other public hearings. He understands that Planning Commission wants to do more and public notice given fulfills the City's obligation. Commissioner Ward said that staff complied with statutory minimum at the SCTF hearing. Planning and Community Development Director Krauss said that henceforth, as a public hearing is set for Planning Commission, the procedure will be the same as it has been for this at this point which he elaborated on. Community Development Administrator Osaki wanted to modify Commissioner Douglass's statement for clarification purposes. Planning Commission should open the public hearing, take testimony, between now and the next meeting information will be available on the web with the intent to give Commissioner Ward time to prepare her findings and notify concerned individuals or agencies about the hearing. The City will not prepare an additional mailing. Commissioner Larsen made a motion, seconded by Commissioner Douglass, to move the September 3 Planning Commission meeting to September 9 at the usual time. The motion passed. Chairman Ekrem opened the public hearing. -3- MINUTES OF THE PLANNING COMMISSION MEETING AUGUST 5, 200'~ Community Development Administrator Osaki advised that this subject has been discussed many times previously. The changes are to certain Titles of Auburn City Code. The intent of the changes are to modify how the City provides public notices. The agenda bill outlines the minimum requirements for public notice. He told what notification is given to the public. Staff is proposing to eliminate the five 8-1/2" x 11" public notices that are attached to utility poles. In 2000, Code amendments were processed to require large land use posting boards for land use actions. Prior to 2000 there were only the five page-size notices posted. The posting of notices is consuming a significant amount of staff time. Staff does not think the five notices promote additional public notice. It is often difficult to post within 300 feet of a project without posting on utility poles. The current sign code does not allow signs on utility poles. In many cases the utility poles are the only place to post within 300 feet. The proposal is to eliminate posting the 8-1/2" x 11" public notices. All other means of public notification will be retained. Commissioner Ward wanted the record to show that procedurally, the Planning Commission voted not to have a public hearing on this change because they did not like change. Planning and Community Development Director Krauss remarked that three to four years ago when the City instituted the ordinance to require signage that is 8 to15 times the size of the 8"xl 1" notices, Instead of a few notices on utility poles informing public of a project, there is large land use posting sign which contains flyers describing the project in detail. Citizens can see the department phone number from their vehicles and can call the office to obtain additional information. When the new land use posting board regulations were adopted, staff forgot to eliminate the old requirement of the five postings on utility poles which was an oversight. Staff intended to replace an ineffective way to advertise with a more efficient way to advertise. The City spent over $15,000 on the land use posting boards. Chairman Ekrem thinks the proposal is a cultural shift and asked if there has been any thought on posting notices on the City's website. Community Development Administrator Osaki advised that every public hearing whether for Planning Commission, Hearing Examiner or City Council is listed on the first page of the City's website. Commissioner Ward commented that the Planner-in charge of the proposal said in effect that there is no way to make up for the loss of notice to the public. There was debate about this and his answers were not satisfactory. She moved to continue the public hearing, get input on language if Planning Commission recommends, rather than do it now. Commissioner Larsen sees the proposal as decreasing five signs. She wants to see five signs on the perimeter of project. Chairman Ekrem asked if this isn't the intent of the large land use posting sign. People are more likely to see the large land use posting signs. Commissioner Larsen said that in her neighborhood only 12 folks get notification. Not many people have chance to see notice unless it is posted on poles or they are walking through the neighborhood. Commissioner Ward mentioned that she and Commissioner Larsen have had experience of the five signs providing notice to them. There is no credible evidence of why the City is doing the change. Commissioner Larsen asked at last meeting why the change is being proposed. Planning Commission feels that more notice is better. Tod Larsen, 207 N Street SE, inquired which notice is more acceptable and is there any true form of measurement? Commissioner Ward spoke about getting as much notice as possible to citizens. She related earlier very specific examples of how the small notices led to their involvement. The question is, is the City serving the public duty by reducing notice? Multiple forms of notice is the best way. If people hear about it and then do not show up, that is fine; but continue to give as much notice as possible. -4- MINUTES OF THE PLANNING COMMISSION MEETING AUGUST 5, 2003 Chairman Ekrem asked about whether or not it is desirable to add additional language to this proposal for consideration. No one appears interested in adding additional language. Commissioner Chapman proposed adding additional language related to the City's website. Commissioner Ward made a motion, seconded by Commissioner Douglass, to continue the public hearing to September 9 at 7:00 p.m. Commissioner Ward confirmed that she now has received adequate notice of the public hearing on September 9. DISCUSSION · ZOA03-0003 - Amendments to Zoning Ordinance Chapter 18.74, Adult Uses No additional discussion on this topic. 2003 Comprehensive Plan Amendments Community Development Administrator Osaki gave brief overview of the this year's amendments. Commissioner Ward asked how the current water shortage pertains to the map change requested by the Lakeland developers and more people living in this area. Planning and Community Development Director Krauss remarked that Lakeland Hills has temporary water shortage. The problem with Lakeland is that it is now an island and not connected to the City system. There are two wells - one has significant capacity and one has less capacity. Due to the drought and series of other factors such as draining of Lake Tapps, there was a major well drawn down last Friday. The Mayor asked for voluntary water conservation and this was effective. The major well was not used over the weekend. Over the long term, this is not an issue. There is a pipeline scheduled to be constructed down A Street to Terrace View. That developer has to put in a pump station up the hill which will have interconnection with Bonney Lake. City Council passed an emergency ordinance on August 4 spelling out requirements for voluntary water conservation. Community Development Administrator Osaki added the proposed amendments are in the area referred to as Lakeland South which is served by Bonney Lake. For CPM8, Dierringer School District owns five parcels outside the PAA and wants to reconstruct a school and hook up to sewer. CPM10, the Kent watershed property, which is outside Kent city limits. He explained the process of municipal annexation of property outside a city limits. Auburn is interested in filling the gap and include the area in our annexation area and designate the area as single family residential. Page 4 of the matrix lists a series of properties in the City that are City owned that should be designated as public/quasi public. The parcels are small and changes are not considered substantive amendments. The change will help in calculating the amount of land that is developed and undeveloped. Staff was asked by the PCDC to look at the environmental chapter and provide more direction for the use of native vegetation. In response to Commissioner Ward inquiries about page 5, the DiPietro/Campbell wetland mitigation sites, Planning and Community Development Director Krauss said that the names are those who the City purchased the property from. The Gertrude Jones property was acquired for wetland mitigation; the Thormod property is wetland mitigation for the track; DiPietro/Campbell property are two separate parcels acquired through legal action. The properties are among the three being considered for the Mayor's 'Lake Auburn' or constructed wetlands. He explained the concept to the Commission. Commissioner Ward inquired when the public hearing on adult uses will be held and Community Development Administrator Osaki said the current moratorium expires September 1. The City could extend the moratorium for another six months. Planning and Community Development Director Krauss -5- MINUTES OF THE PLANNING COMMISSION MEETING AUGUST 5, 2003 said that as long as the City is making steady progress on the matter, the City makes the case that we are not yet finished with the work. Commissioner Ward wants to confirm that next month is the continued public hearing on posting notices, CP amendments public hearing in October, and public hearing on adult use in November? Community Development Administrator Osaki commented that staff may recommend having a study session in September. Staff does not recommend having the public hearing on the CP.amendments and public hearing on adult use the same evening; Sometimes the December Planning Commission meeting is cancelled. He is anticipating the public hearing for adult use in November. Chairman Ekrem wondered about a study session in September to look at the CP amendments. Community Development Administrator Osaki said the September meeting is the continued public hearing from tonight. The Planning Commission may want to finish the adult use discussion and walk through all the CP amendments. Planning and Community Development Director Krauss said that the CP public hearing will take longer than you imagine because proposals affecting specific properties may have comments from the property owners. The study session could go quickly. Chairman Ekrem wondered about a study session on night of September 9 and Community Development Administrator Osaki said this could be put on the agenda for that night. Chairman Ekrem said that when the Planning Commission started looking at adult use, there was discussion that they would look at it in its entirety and review. Community Development Administrator Osaki thinks that Planning Commission is close. The draft ordinance is in the agenda packet. Not a lot of discussion remains. Front Yard Parking Community Development Administrator Osaki commented that this is more of an information item for now. Staff has been working with the PCDC on this matter. Staff is drafting code amendments to address PCDC concerns about the excessive number cars parked in the front yards of residences. Currently, there are no regulations to address this. He suggested that the Planning Commission drive around the community and decide if the City should have regulations to regulate the number of cars parked in the front yard. Planning and Community Development Director Krauss offered that concerns were raised at Council meetings about people parking on the front lawns. Commissioner Ward wondered if this is an environmental problem and Planning and Community Development Director Krauss said that conceivably it could be. The water quality staff say it is a problem. Commissioner Ward thought that public nuisance regulations were already in place for this type. Planning and Community Development Director Krauss said that public nuisance regulations deal with lots of things, but not parking in the front yard. These vehicles are licensed vehicles, but instead of parking in the street, driveway or garage, the cars are parked in the front yard. ; Chairman Ekrem wanted to confirm for the next meeting: start at 6:30 pm, study session 6:30-7:00 pm, continued public hearing at 7:00 pm, and discussion of the Comprehensive Plan or adult use after that. Community Development Administrator Osaki said adult use would be discussed if City Attorney Held is at the meeting. Commissioner Douglass mentioned that the lady who testified on behalf of Lover's Package said that the · information Planning Commission received was in error. He wondered if that person presented any information to staff and Community Development Administrator Osaki said no. -6- MINUTES OF THE PLANNING COMMISSION MEETING AUGUST 5,200't ADJOURNMENT: With no further items to come before the Commission the meeting was adjourned at 8:10 pm PC~AGND~IlN 08-2003 -7-