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HomeMy WebLinkAbout10-07-2003MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 7, 2003 The regular meeting of the Planning Commission was held on October 7, 2003 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, Karen Ekrem, Ronald Douglass, Renee Larsen, Yvonne Ward and Kevin Chapman STAFF: Paul Krauss, David Osaki, Sean Martin, Duane Huskey, Lanny Petitjean, and Patti Zook ALSO PRESENT: Mayor Lewis The meeting was called to order by Chairman Karen Ekrem. · Approval of Minutes for October 7, 2003 Meeting Commissioner Ward requested several corrections to the minutes. On page 3, the first carryover paragraph, change 20-30 hours per person to $20-$30 per person. On page 4, first carryover paragraph the phrase that City Attorney Heid reiterated State law and reference to Court of Appeals, she is sure that this is not correct reflection of what Heid said. On page 8, she contends there was more testimony than what is reflected in the minutes. Are the meeting tapes considered the record? PK said the minutes are considered the record and the meeting tapes are kept forever. Discussion and testimony are not transcribed verbatim. Commissioner Ward wanted the record to reflect there was deeper public'record than is reflected in the minutes. On page 6, the sixth paragraph, as a point of clarification from City Attorney Heid, that the Commission could consider more information and continue deliberations. She wants the record to show that she asked to be excused from the meeting at 8:30 and was excused. Commissioner Peace referred to page 4, and said not to change the minutes of what City Attorney Heid said whether the comments are correct or incorrect. Commissioner Ward said that Heid's comment was in response to her comment. She has read the State law and is sure he didn't say what is reflected in. the minutes. Chair Ekrem informed the audience there is a full agenda tonight and opportunity for all to speak with a three minute time limit for each speaker. If it appears that comments are the same, she will ask for a show of hands of those people who have the same comment. She will open the public hearing on each Comprehensive Plan amendment, hear from staff, take testimony, then close the public hearing on each topic. Planning Commission will take action along the way. CPM ~ and CPM #6 are withdrawn and will not be discussed. Planning and Community Development Director Krauss informed audience regarding CPM #4, which Was controversial and many comments were received. Application requested Comprehensive Plan map amendment to high density residential, but the applicant has withdrawn the request. A letter was sent out last week notifying the residents in the area of such. Staff had the same concerns as the neighbors and the developer agreed to withdraw the request. He then explained the conditional use permit process for senior housing without changing the Comprehensive Plan. There will be no hearing on CPM ~ tonight. When an application is received, the City will readvertise and send out notices. Commissioner Ward asked Chair Ekrem to explain the term 'show of hands' again. Chair Ekrem said if Planning Commission is hearing the same testimony again and again, she will ask for a show of hand~ of those in support of statements of those speaking previously. She'll ask how many support the previous statement, and will ask if someone has additional new statements to make. Commissioner Ward has a problem with that process in terms of the public record. She wants folks to come up and state their name and address. There is no way to show for the legal record the number of hands. Chair Ekrem asked for a clarification from staff. Planning and Community Development Administrator Osaki said that to avoid duplicate testimony you can have a representative make a statement and others that support their case can raise hands or stand and then state for the record that eight people, for example, stood up and showed support. This has been acceptable. He shares Commissioner Ward's comment and wants to -1- MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 7, 2003 ensure that City has individuals names and addresses for future meetings, but it is not unusual to ask for a show of hands. PUBLIC HEARING · ZOA03-0005 - Heer Chair Ekrem opened the public hearing. Planner Aird presented the staff report. Virginia Haugen had a problem with hearing what was said and asked about the public comment period. Chair Ekrem said the first public comment was for general comments and not for public hearing items. Commissioner Jones suggested explaining the public comment section more closely which was done. Chair Ekrem said this public hearing is on ZOA03-0005 for David Heer rezone. In response to Commissioner Ward questions about the map and zoning, Planner Aird said some property to the west is zoned light manufacturing. The King County portion is zoned residential. The Comprehensive Plan map is heavy commercial. The drive in theater is across the street. Commissioner Jones said it is helpful for Planning Commission to have maps showing adjacent properties and their zone. Commissioner Ward made a motion, seconded by Commissioner Douglass, to close the public hearing. The motion carried. Commissioner Peace made a motion, seconded by Commissioner Douglass, to recommend approval of the rezone. The motion carried. Virginia Haugen wanted to comment on the Heer rezone and asked why no map. She thinks she knows where the property is located and with annexation will it be rezoned? Chair Ekrem closed the public hearing on the Heer rezone and Planning Commission is not discussing elements on this. Planner Aird spoke about the default zoning such as in the Heer case. Public notice was given for the rezone. She spoke with a couple neighbors and the site was posted. Commissioner Ward told Virginia Haugen that this rezone was before City Council already and to the Boundary Review Board already. Virginia. Haugen should have caught this one as involved as she is in such matters. · CPA03-0002-2003 Comprehensive Plan Amendments Chair Ekrem reminded the audience that Planning Commission will address each item individually, open the public hearing, take staff testimony, take public testimony, close the public hearing, have discussion and take action on each element. Planner Martin explained the two different components. The Comprehensive Plan map amendments will be first and policy/text amendments second. There are 10 map amendments, 8 of which are privately initiated and 3 are City initiated. CPM #4 and CPM ~ were withdrawn. CMP #8 and CPM #11 contain multiple parcels. He explained the processing of the Comprehensive Plan amendments. Comprehensive Plan Map (CPM) Amendments CPM#1 To amend the Comprehensive Plan Map from "High Density Residential" to "Heavy Commercial" for property located in the 4300 block (east side) of Auburn Way North (west of I Street NE right-of-way). (Application affects the east half of the property; the westerly half is already designated "Heavy Commercial). Applicant: Children's Home Society of Washington Chair Ekrem opened the public hearing. Planner Martin gave a brief presentation. The property has a split designation. In 2000 Planning Commission and City Council changed the designation on the westerly half of a parcel to the south to heavy commercial. Staff recommends approval of the request. Joe Donahue; 106 Cedar Crest Lane, Bellevue, is a member of the State Board of Children's Home Society which has had 4.15 ac since it was an orphanage in 1926 and operated to the benefit of.children -2- MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 7, 2003 and families since then. City staff made a good presentation of the facts related to their request. They would like to have the entire property shown as heavy commercial. Commissioner Chapman asked is the intent of the change. JD said the current plan is to use the property as child care and staff for south King County operations. Their services have expanded toward Enumclaw and they also have an office in Kent. The need for their services is getting greater. The plan is to at some point take the eastern portion and develop with staff housing and maybe additional child care. Their planning has not gone too far yet; just ideas now. They saw the Comprehensive Plan amendment made by neighbor to south and they wanted to be included in the heavy commercial designation. He thanked staff for their help. Virginia Haugen; 2503 R Street SE, said that many years ago a man named Jeff had a farm and donated the land for an orphans home. The property was put to good use for many years. Why a heavy commercial rezone of property to take care of kids? Lots of kids need care and lots of people are making bucks off the care of kids. The rezone has nothing to do with the care of kids. Mr. Donahue said that they have operated that property for as many years and used the entire 4 acres and the buildings. Child care is not an outright permitted use in the current zoning of R4, but is an outright permitted use in the heavy commercial zone. Russell Jones, 11018 SE 322nd Street, noted that when staff gave recommendation there was no indication of when this goes to City Council. Planner Martin said that theoretically, the amendments could go to Council at the next available meeting. They are processing the required State 60 day notice period and comment; the State period closes November 17. Planning and Community Development Administrator Osaki clarified that the Planning Commission is an advisory body to the City Council and makes recommendations of approval or denial to Council. Council can then affirm that decision Or not. Commissioner Jones made a motion, seconded by Commissioner Ward, to close the public hearing. Commissioner Ward made a motion, seconded by Commissioner Jones, to recommend approval. The motion carried. CPM#2 To amend the Comprehensive Plan Map from "Public/Quasi-Public" to "Light Industrial" for properties located on the south side of 49~h Street NW, west of Auburn Way North. Applicant: Thomas Academy Chair Ekrem opened the public hearing. Planner Martin commented that Thomas Academy was annexed in 1995 and then explained the meaning of 'public/quasi public'. Thomas Academy has indicated that they will be liquidating their holdings. Adjacent properties to the north, south, west and east portions are in an industrial corridor. Adjacent zoning is also M1, Light Industrial and is consistent with their request. The Academy said their desire is to liquidate their holdings and changing the designation would be consistent with adjacent designation. Staff is recommending approval. Commissioner Larsen inquired if Thomas Academy sells the property and another school comes in, could that school operate in this location? Planner Martin said the Comprehensive Plan amendment does not change the zoning, only the Comprehensive Plan map. The Comprehensive Plan designation would change, but not zoning. That school would have to request a rezone. Thomas Academy won't seek a rezone on a speculative basis. The zoning would stay institutional. If another school acquires the property, then the City could reconsider the long term use of the site. Thomas Academy wants to liquidate the property and their best opportunity is as an industrial site. Commissioner Douglass referred to the Comprehensive Plan map and asked for information about the two small green patches. Planner Martin explained that when Thomas Academy came into the City under annexation, it held additional property across that was sold off. The 2 parcels were parcels developed consistent with historical uses. Institutional zoning allows single family homes to be developed. Thomas Academy cannot request Comprehensive Plan change of someone else's property. Staff recommends approval of this request. If amendment request is approved by City Council, the City will look at the best -3- MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 7, 2003 long term use of these other two parcels with the owners. As of now, there is no set proposal. There is one single family home utilized as single family home. The other building was used for purposes other than residential. Virginia Haugen said that in 1855 there was an Indian uprising by the drive in, with a massacre, two kids survived and were found by Indian Tom. The school was built in 1928. The organization that runs Thomas Academy has figured out that the land is valuable if classified as industrial. When it goes industrial she hopes that someone will save the building. Commissioner Douglass said it seemed that no one from Thomas Academy is in attendance so who from the Academy made the request. Mark Hehnen, 14014 SE 251st Street, Kent, announced his attendance and that he is President of the Board of Trustees of Thomas Academy. Staff did good job of explaining their request. They are concerned about the long term health of the Academy. As a private school, there are economic pressures on them to sell piece of property to help cover shortfalls. They only use the middle portion of the property. This is an opportunity to sell a piece of property to help maintain the school. In response to Commissioner Jones' inquiry, Mr. Hehnen said the building has not been designated as a historical structure. There is a plaque on site. Many adjacent farms were started by Japanese Americans. The residence is all that remains of the farm. Staff did ask about the potential historic building. Planner Martin said that SEPA environmental review would require a review of the historical categorization of the site. Commissioner Peace wondered if the change is approved by City Council and Thomas Academy sells part of the property for industrial use, but in the future if Thomas Academy flourishes and stays there would the use be acceptable in an industrial zone? Planner Martin said the use wouldn't be permitted outright. Tonight is an amendment of the Comprehensive Plan map only. In his discussion with Thomas Academy, they would rezone portions of the site they no longer use. The scenario is possible, but Thomas Academy wouldn't seek to rezone until after they vacate the property. Russell Jones, 11018 SE 322'd Street, attended Thomas Academy and is familiar with the building. He thinks Auburn is losing significance of Japanese American community. He mentioned the White River Valley Historical Society. He is concerned that the City is starting to lose valuable history of the valley and he sees an emphasis on preserving history. Commissioner Ward asked for clarification, if there is historic value to the property; what is the process? If Planning Commission recommends approval of the Comprehensive Plan amendment and it is approved by City Council, and the map is changed, but not zoning, what are next steps if Thomas Academy wants to sell off to an industrial use? Planner Martin said there are two processes. The first is to rezone the property for light industrial use. A future applicant could do in two ways. He explained non-project actions. Applicant come forward with application to construct an industrial type building consistent with the permitted uses in M-1 zone. The two processes could be combined and processed concurrently. The SEPA application deals with historic resources. He spoke about defining measures to lessen impacts to historic character or features of the site. The City pointed this out to Thomas Academy at the first meeting and let them know it would be a concern. When the City makes decisions on environmental review the State Historic Preservation Office is notified to ensure due process. If they or the City or Thomas Academy uncovers historic characteristics with site that warrant protection, they have to be considered and appropriate action taken. He then gave a range of possibilities of historic preservation. It is hard to formulate what the City will do without the actual facts. Commissioner Ward asked Mr. Hehnen if they are looking at a time frame and need to have the Comprehensive Plan map change now versus later and he said yes. Originally they had longer range plans, but the changing nature of the neighborhood which surrounded Thomas Academy, and their plan was deferred because the economy affected their finances. They need the ability to sell a portion of the property now. Their intent is to move eventually is deferred, but they need the ability to sell a portion of -4- MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 7, 200_l property during next school year; otherwise, Thomas Academy is at risk. They only have one chance a year to make the Comprehensive Plan change and waiting until the next cycle would be too late. Virginia Haugen said if the property owner would like to have property designated as historic, there is a committee in Seattle to ask for designation as a historic building. She talked about historic designation. The property purchaser won't want an old building. She wants Thomas Academy to remain, but probably won't be able to remain in institution. They probably want to start selling property and the best way is without histodc designation. She spoke about tearing down Auburn history. Commissioner Jones made a motion, seconded by Commissioner Peace, to close the public hearing. Commissioner Ward asked about another meeting as she has some discomfort with the proposal due to its potential historic significance. She is uncomfortable acting on the proposal without review of the cultural and historic designation. Planning and Community Development Administrator Osaki said that staff has reserved a couple evenings next week if Planning Commission wanted to continue this portion next week. He would like to get Planning Commission recommendation by the end of the month. Planner Martin advised that the City does share the same concerns. The City wants to make sure there is no damage to historic elements as required by City. Commissioner Ward asked what about the building and site of Japanese American farm. She is feeling rushed about this with its implications. She understands the building can be designated, but what about other parts of the property? Planner Martin mentioned some other examples in the City such as on West Main Street, the Natsuhara building that burned down. The building was unrecoverable. Went through SEPA process when the armory building was developed and there was a dedication of a plaque commemorating the armory and Natsuhara building and their contributions to Auburn. There is a way to address non tangible aspects and again several other things could be done. The City has not yet exhausted the possibility of how to mitigate. Commissioner Ward asked Mr. Hehnen if another week will make a difference to him because she can't imagine one week would make a difference and he confirmed that he can wait a week. Commissioner Ward suggested not closing the public hearing. If there is not a meeting next week, then Planning Commission could act on this. Chair Ekrem said there is a motion to close the public hearing now. Commissioner Ward requested to hold the motion to the end of agenda; motion to table to end of the agenda. Chair Ekrem said there is no second; the motion failed. Chair Ekrem closed the public hearing on CPM #2, it was moved and seconded. Commissioner Jones said probably not get any more input on this. Commissioner Ward is saying that she is uncomfortable about making recommendation tonight. Commissioner Jones suggested closing the public hearing, and for deliberation among the Planning Commission, put off until end of tonight's meeting. Vote on motion to close public hearing: yes 6; Commissioner Ward no. The motion carried. Chair Ekrem asked for a recommendation and Commissioner Ward moved to postpone the discussion on recommendation until the end of agenda tonight and Commissioner Jones seconded. There was a short discussion if Commissioner Larsen should abstain from voting as Thomas Academy is one of her clients. Commissioner Ward wanted to have time before end of tonight to absorb comments. Her thinking is that at the end of agenda the Planning Commission can discuss whether act on the proposal tonight or discuss it next week. If it needs to be decided tonight, she is willing to resolve tonight. If it can come back next week, then the Planning Commission can discuss the matter at that time. Commissioner Peace said fine. His strong feeling that like he would to see Thomas Academy survive. Do what can be done to help them survive as they have a right to sell their property to survive. Allow rules to protect historic character. Commissioner Jones spoke of her reason for her comment related to -5- MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 7, 2003 Commissioner Ward is that she wants additional time to mull over. The Planning Commission has asked for additional time in the past. Chair Ekrem confirmed that Planning Commission will postpone deliberation on CPM #2 to the end of evening. Commissioner Larsen abstained from the vote. Vote of 3-2; motion carried. CPM #3 To amend the Comprehensive Plan map from "Light Industrial" to "Heavy Industrial" for property located on the north side of South 285th Street, west of the Interurban Trail. Applicant: Rodger C. Scott Chair Ekrem opened the public hearing. Planner Martin explained that the site does not comply with policy LU-113 because it is not located in the region serving area or near rail lines. The designation is not appropriate for highly visible areas. He spoke about the outdoor storage limitations in the light industrial designations which is why the applicant is requesting the change. Staff recommends denial of the request. Joe Schuler, 28014 West Valley Highway, asked what the City is going to do with water on that site? He's lived at his farm for 31 years. Water comes down Mullen Slough and onto his property and he has a 100 year flood every year. The road into Kent doesn't mean it is all done. Why didn't the Army Corps of Engineers raise the water? The City is not putting water on his dry land. Commissioner Ward made a motion, seconded by Commissioner Peace, to close the public hearing. Commissioner Ward made a motion, seconded by Commissioner Larsen, to recommend denial. The motion carried. Commissioner Peace wondered how to deal with questions raised by Mr. Shuler. However, it is not appropriate to deal with those concerns at this meeting. Commissioner Jones acknowledged there are acute flooding problems in this area and feels for Mr. Shuler. She knows what he is talking about. She suggesting making a note that the Planning Commission wants to discuss and understand this area for future reference because of the of flooding. Chair Ekrem suggested this topic be added to a future agenda and that Mr. Shuler be invited to attend. CPM ~4 withdrawn CPM #5 To amend the Comprehensive Plan Land Use Map from "Light Industrial" to "Heavy Commercial" for properties generally located between the Union Pacific and Burlington Northern Santa Fe railroad tracks, just north of 15"~ Street NW. Applicant/Owner: La Terra Limited Partnership Chair Ekrem opened the public hearing. Planner Martin explained the heavy commercial uses. The road is a heavily traveled arterial with access from Highway 167. Staff recommends approval. Commissioner Ward asked what applicant can do under the heavy commercial designation that he can't do under the light industrial designation. Planner Martin said the light industrial designation is oriented toward manufacturing and warehouse distribution facilities. There are some opportunities for more commercially oriented uses via an administrative use permit or a conditional use permit. The heavy commercial zoneallows uses that are traditionally more commercial such as car dealerships, hotels, motels and banks. The heavy commercial designation is appropriate for sites that are highly accessible to autos and for intersections of heavily traveled arterials. Staff recommends approval. Planning and Community Development Director Krauss commented that there are wetlands on parts of the property and spoke about the SAMP. The wetlands were designated as Iow quality wetlands that could be filled and mitigated along Mill Creek. -6- MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 7, 2003 Commissioner Larsen wondered why the rezone if the applicant doesn't know site can be developed. Commissioner Jones said the change is actually a downzone. Applicant could have come in and developed without pc knowledge. She sees no problem with the change. Commissioner Ward has read that mitigation efforts are not effective if off site. If they are trying to offset something big, how to know if mitigation is going to be effective? Planning and Community Development Director Krauss mentioned the Thurmod site which is used as classroom and was considered a prototype of an enhanced wetland project. The property in question is designated as Iow quality wetland and is grass. There are not a lot of open area or nesting islands. The inlet to the property is the railroad tracks. There is not a stream, but culverts. Mill Creek improvements were briefly mentioned. Commissioner Chapman mentioned Emerald Downs Drive and wondered if it is a thoroughfare and is the City taking over the road. Is the road closed on race days? How would the change affect this road? Planner Martin indicated his understanding from the City Engineer is that the road will soon be open to the public 24/7, but he has not heard the exact open date. How the road relates to this site is that the site would rely on the right of way for access. The tracks to the east would preclude B Street access and development would rely on Emerald Downs Drive. Mark Hancock, representative for La Terra Limited Partnership, said the heavy commercial designation is a logical use of the property due to its location and proximity to the racetrack. The heavy commercial designation opens possibilities of uses. There is no specific use in mind at this time. A more commercial use for the property is advantageous to all. Larry Backus, 308 A Street, asked for location of Emerald Downs wetland which was pointed out by Planning and Community Development Director Krauss and is known as the Thurmod site. Mr. Backus asked why it was trenched like on Clay Street and Planning and Community Development Director Krauss said the original plan showed it as an RV park. The City was looking for a mitigation site that met State requirements and Emerald Downs purchased the property on Clay/VVestern Streets. Mr. Backus spoke about the development moratorium on Clay Street. The developer was going to be responsible for storm sewer down Clay Street. He was told the pipe on West Main was not big enough, now there is a bigger pipe on Main and under the tracks to D Street, but there are still water problems. He spoke about CPM#11. He spoke about making a lake to clear up water problems and proposing a park. Commissioner Ward commented that since there is a moratorium due to water problems where does this fit into problems and testimony from Mr. Backus? Duane Huskey, City Utility Engineer, said the moratorium was south of 15th Street NW which acts as a dam and holds water. They are studying the area south for environmental enhancements to establish wetland banking. Commissioner Ward wondered if the number of commercial buildings would impact the area in the moratorium? Utility Engineer Huskey said this effect is being studied now by the consultant. Chair Ekrem asked if someone wants to develop if they would be under environmental review. Planning and Community Development Director Krauss said yes; whether or not a development would rise to ElS, the SEPA checklist goes into depth regarding drainage and traffic. As Utility Engineer Huskey indicated, drainage in the area is complex. Commissioner Ward asked if development on this site would have a direct impact on the moratorium area and the answer is that staff doesn't know, but they are studying the matter. The property is downstream with water entering Mill Creek further north and would have to be studied. Commissioner Peace made a motion, seconded by Commissioner Larsen, to close the public headng. The motion passed. Commissioner Peace made a motion, seconded by Commissioner Jones, to recommend approval. Chair Ekrem commented that development seems inevitable. She travels on 15th NW regularly and sees a nightmare by potential development of a conference center. The City should seek changing the traffic designation on 15th Street in the future. Commissioner Peace said proponent could put in a large -7- MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 7, 2003 manufacturing facility with more traffic such as trucks. A hotel won't create a lot of additional traffic. He doesn't like the designation of industrial next to 15th Street. In response to Commissioner Ward inquiry regarding water drainage and if it is better for the property to remain industrial or change to commercial, with the change in Comprehensive Plan designation, Utility Engineer Huskey said it doesn't make much difference because the issues of parking lot and water storage are essentially the same. As part of SEPA, developer would have to mitigate impacts on site. Vote on the earlier motion: Commissioner Chapman and Commissioner Ward voted no. The motion passed: 5-2. Commissioner Jones commented that it is approaching 9 pm and Planning Commission is just finishing CPM #5. There are still five map amendments and all the policy/text amendments to finish. She would like the Planning Commission to discuss or ask see what those in the audience are here for and take those items first. Audience has been here been here since 7 pm. Planner Martin said map amendments could be taken out of order. Chair Ekrem said it is not her intent to go until finished tonight. Commissioner Ward asked what amendments those in the audience are here for. Chair Ekrem asked for a motion for when to close tonight's agenda and continue the public hearing. Commissioner Ward wants to see what the audience is here for; who is here for which map amendment? Chair Ekrem commented that no matter what the Planning Commission does, someone who has been here since 7 pm won't be able to speak tonight and she apologized to the audience. She asked for a motion on how the Planning Commission wants to proceed. Chair Ekrem suggested closing the evening's agenda and move to end of the meeting at 9:45 pm. Commissioner Ward moved go through CPM #7, CPM #8 and CPM #9 and continue or postpone other items to a date certain. Commissioner Douglass seconded the motion. The motion passed. Chair Ekrem confirmed that the Planning Commission will hear CPM #7, CPM #8, and CPM #9 tonight and continue the rest of the Comprehensive Plan map and policy/text amendments to the October 14, 2003 meeting. CPM #6 withdrawn CPM #7 To amend the Comprehensive Plan Land Use Map from "Moderate Density Residential" to "Heavy Commercial" for property located on the north side of 23rd Street SE, approximately 400-500 feet east of A Street SE. (Proposal would have the effect of clarifying the designation of the abutting parcel to the west, under the same ownership, as "Heavy Commercial" as well). Applicant: Bill Moffett Chair Ekrem opened the public hearing. Planner Martin explained the purpose of the heavy commercial Comprehensive Plan map designation. He pointed out the proximity of adjacent properties. 23rd Street is incapable of supporting the commercial traffic. A rezone is being processed separately. Staff has communicated with the applicants outside the hearing. The intended use probably won't create an adverse impact to the neighborhood, but a change to the land use designation is a precursor to a rezone and the intended use is one of the many uses permitted in the C-3 Heavy Commercial zone some of which would create impacts. Staff recommends denial of the request. Bill Moffett, 1911 SW Campus Drive #732, Federal Way, feels that the City doesn't explain surrounding area appropriately. Staff explains it as primarily residential and it is not. The surrounding two sides are heavy commercial now. He has an aerial photo dated 2001 of the surrounding uses. The intent is to use the property as an extension of the existing business. They had issues and discussed with staff. The road is an unimproved City road. Current access is available. He has a letter from the City that outlines requirements needed to utilize the site as a commercial use. He read a portion of the letter from the City Traffic Division. The letter speaks to road improvements that could be done. -8- MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 7, 2003 Commissioner Douglass wanted to clarify about 500 feet to be improved to B Street. Mr. Moffett said commercial uses in C3 are some uses permitted in the R3 zone. C3 permitted uses not applicable to this property such as day care, professional office, or religious institutions which are all permitted in the current residential and C3 zones. Other C3 uses that have heavier use that restrict or create more traffic couldn't be permitted. The mobile home park is surrounded by commercial on two sides and has heavy commercial designation and the change won't impact the mobile home park. The change will improve access in front of their property. They are not planning to change their intended use. There has been no negative public response and he spoke about Hearing Examiner hearing. Commissioner Ward asked about the Site being used as a contractor staging area and Mr. Moffett said that he stores his trucks there and also sells snow plow trucks to municipalities. He stores trucks and components in the yard, has a demonstration area for spray trucks, and has a staging area for sales demonstrations. He has a structure there now. Joe Papalargo, a property owner to the north said there are no residential uses in the back area and the use of the property is for commercial. He asked the Planning Commission to visit the site. He echoes Bill Moffett's comments. Commissioner Ward asked staff to explain why they can't use the property through the conditional use permit process since parcel is adjacent his other property. Planner Martin commented that in order to request a conditional use permit the use would have to be listed or described in the zoning designation. The R3 doesn't have uses consistent with his intended use. Commissioner Ward thinks there might be a Catch 22 here. If proponent rezones to C3, staff is concerned about opening to other C3 uses that might be inappropriate for the area. Planner Martin said that once the property goes to C3 the City loses its discretionary authority. A change of use does not trigger review. If other uses could occupy site and increase in traffic and secondary effects and there is no ability to deny the opportunity to locate or through conditional use permit process. The C3 conditional use permit uses are a bit less intensive. Mr. Moffett spoke to uses in both zones. There are a few uses permitted outright in both zones. There are some duplicative requirements. Commissioner Ward asked about impact given that property to the west is C3. Planner Martin said that NorStar to the west has direct frontage on A Street. Incremental approach to the designation was described. As the C3 zone is extended you could stipulate that it is not significant impacts to the neighborhood, and would have to ask the same questions of the next property owner. You could go 60 feet, another 60 feet, and 120 feet, and then to B Street, and then one develops a significant distance from the arterial for the boundary between commercial and residential as the C3 extends east. Commissioner Ward said staying as is and not getting a CUP process or to rezone to C3 opens a can of worms. Planner Martin said that the options were explained to the applicant. The site could be developed by someone else consistent with the zoning designation. The applicant needs the property rezoned to C3. Commissioner Larsen asked about houses next to the commercial area. Planner Martin replied that the A Street corridor is consistent with the same issues along the corridor. The transition has to be somewhere. Mr. Moffett wanted to reiterate and said the area is used already primarily for C3 uses. They'll have appropriate setback and buffers. Any heavier uses will require traffic study and will require more road which isn't available. This is a big burden to the property owner. An area that could be C3 area is a grey area. There are no major housing developments, only a mobile home park. The only residence that borders his supports the change. Virginia Haugen apologized for not hearing the proposal description because she was in hallway and asked home many acres and any landmarks. Planner Martin pointed out the properties to her. She said that in 1985 when the Comprehensive Plan was put together the Comprehensive Plan was nit picked to death. There are no manufacturing jobs to earn a decent living. She said that traffic is a nightmare. Commercial next to mobile home park. Leave the designation as it is. -9- MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 7, 2003 Frank Rice said the zoning is of great interest to him and intended to protect adjacent property owners from inappropriate uses. In this case this property is trying to come into compliance with the same zoning as neighbors. There is no objection from the east and no one from trailer park showed up tonight. In fact, maybe they like the road improvement idea. If a line is drawn to match existing property line at time zoned it is hard time to understand why it is being denied. Commissioner Jones made a motion, seconded by Commissioner Douglass, to close the public hearing. The motion passed. Commissioner Jones suggested that since the Planning Commission will meet again on October 14, this would allow Planning Commission a chance to visit the site as Mr. Moffett requested. Commissioner Jones made a motion, seconded by Commissioner Douglass, to postpone discussion, deliberation and action on this map amendment to October 14 in order for Planning Commission to do a site visit. The motion passed. CPM #8 8 a~ 8 b~ 8c To amend the Comprehensive Plan map from "Single Family Residential" to "Moderate Density Residential" for properties within three planning areas (Areas 7, 8 and 9) of the Lakeland Hills South PUD. Applicant: Apex Engineering Chair Ekrem opened the public hearing. Planner Martin said that 8a is the Topp Food Center, 8b is adjacent to Eastpointe, 8c is adjacent to the 40 acre park and northern portion of Lake Tapps Parkway. The request is to adjust Comprehensive Plan designation from single family residential to moderate density residential. All property is within the PUD. The overall development of the PUD is guided by the ElS which was adopted by Pierce County and adopted by reference by Auburn. He referred to Chapter 18.76, Lakeland Hills South PUD and the official Lakeland Hills South map. Each area is designated as different planning area. Changing the allowable densities in the planning area to moderate density (2-14 units/acre). The planning area 7 is 8a, 27 acres and 116 dwelling units. The moderate density would change how the dwelling units are distributed. They can't increase the dwelling units in the planning area under this process because there is a separate process with that amendment. The applicant will probably come in and request a change at a future date. The Lakeland Hills South PUD has a cap on the total number of dwelling units. In order to increase the dwelling units in the planning area, take units away from another planning area. The specific proposals are: 8a is 27.2 acres and 116 dwelling units; 8 b is 18 acres and 64 dwelling units; 8c is 1.8 acres with 3 dwelling units. Commissioner Chapman asked what are the chances of the total units for Lakeland of 3406 increasing? If they can increase density will this increase the total number of residences? Planning and Community Development Director Krauss announced that he was on the team that negotiated the contract several years ago. That contract fixed the maximum number of dwelling units between the property owner, developer and the City. The contract would have to be opened and the additional impacts reviewed. The total number of units was used for designating park and fire fees, for traffic, etc. Any substantive changes to the contract would be difficult to achieve. The ElS was done through Pierce County. Commissioner Ward wondered about a situation where they change the density and in 10 years come back and say they need to increase the total capacity? Are they bound by the contract and when does the contract expire? Planning and Community Development Director Krauss replied that the contract remains in perpetuity. Realistically, it is extremely difficult to make changes. Lakeland was in Pierce County so the City knew the upper ceiling exactly where density took place in Lakeland. The developer was given the ability to respond to changing real estate market. If the developer decides that senior housing is the market or if single family is the market, they can request a change. The developer is allowed to roll with the market changes. Planner Martin commented that regarding the contract renegotiations, which is a separate issue, but related, if Lakeland PUD should seek to increase above the figure of 3408, this would require specific Comprehensive Plan map amendment to be heard before the Planning Commission and ultimate approval by the City Council. Using Planner Martin's example, Commissioner Peace wondered if -10- MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 7, 200~ Lakeland wants to increase the density and take units from area to another, if an area is a bit under density they could swap units to increase units in another area. Jeff Mann, Apex Engineering, said the comments made are correct. Under the contractual agreement with the City the unit cap is 3408 and the ElS addressed roads, utilities, etc., in order to have this unit number. They are not intending to increase the units. As part of the contract the City wants to see densities in Lakeland development. They are providing streets, parks, utilities, etc. 1440 units are currently constructed. They developed below the maximum dwelling units in moderate density portion of PUD. He pointed out steep slope areas and wetland areas. In order to get the number of units they need the moderate density designation revised. In 2000 they did changes to the map and the map is a 'living' document. He concurs with the staff recommendation. The change is further implementation of Lakeland PUD. In response to Commissioner Peace's inquiry, Jeff Mann said 3406 is the unit cap. Excess units in a core area can be moved to another area. For example, the 600 multi family units next to the Town Center could be reduced or transferred to another area. Commissioner Ward referred to the water situation, and wondered if because of the cap and moving numbers around how does this affect water? There are well problems in the area and will the change affect water? Utility Engineer Huskey advised that the PUD is in the Bonney Lake water service area. There is a plan to develop additional wells. The short answer is no because Council will decide if it wants to serve areas in the future based on a service agreement with Bonney Lake. They have done studies to see where the water is coming from. Bonney Lake did call and ask about the proposed changes. Virginia Haugen said that in 1995 she went to a meeting at Green River Community College. No other officials from City were there. People from Kent/Covington districts and DOE officials were there. Old Kent/Covington said that Auburn shouldn't sell water to them. Levels of the Green River are dropping too Iow. There is in-fighting at City Hall. The City sold water to Covington. Lakeland grew and State told Auburn it could annex and build and build. Wells are going to go dry. Developments on Lea Hill were told there is plenty of water. City drilled a well and it went non-functional. Sucking our aquifer dry? Commissioner Ward asked if Virginia Haugen has any evidence and Virginia Haugen said 600-800 houses ran out of water. She doesn't want to be on top of an aquifer going dry. Commissioner Ward made a motion, seconded by Commissioner Jones to close the public hearing. Motion carried. Commissioner Ward made a motion, seconded by Commissioner Jones, to recommend approval. Commissioner Chapman expressed concern about the amount of traffic and the Sumner/Lake Tapps Highway is backed up each morning. If the blinking signal is changed to a working traffic signal, this would add additional traffic. Chair Ekrem asked about mitigation from the traffic plan. Planning and Community Development Director Krauss explained that Lakeland project has done a number of things such as paying a traffic mitigation fee. Fees were set aside by the Lakeland developer which are going to help with the installation of a traffic light at Lakeland Hills Way and A Street. The location was in the City of Pacific, but was annexed last night by Council so that Auburn can fix the intersection. The developer has paid dues. Commissioner Ward said that in light of Commissioner Chapman's comments, and the fixed amount of units allowed in the PUD, and the change allows the developer to redistrict the units without reaching the cap, then they are not changing the overall impact, just changing around. Chair Ekrem confirmed that traffic is a real concern. Planner Martin said that Commissioner Chapman's issue is northbound traffic which is not traffic generated in the City. Changing the density in the PUD won't change the incoming traffic. -11- MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 7, 2003 CPM #9 To amend the Comprehensive Land Use Plan map to: A. Amend the Potential Annexation Area (PAA) boundary to include Dieringer School District properties and designate the properties "Public & Quasi-Public"; and, B. Amend the Auburn Comprehensive Sewer Plan to include the same parcels in the City's sewer service area. Properties are located at the Lake Tapps Elementary School site in Pierce County. Proposal is intended to facilitate the provision of sanitary sewer service to the properties. Applicant/Owner: Dieringer School District Chair Ekrem opened the public hearing. Planner Martin reviewed the two separate requests. The school district wants the PAA extended and the parcels designated as public and quasi public, and amend the comprehensive sewer plan for these parcels to identify them within the City's sanitary sewer service area and' to tie into Auburn's sanitary sewer line. He mentioned the settlement agreement with Bonney Lake. Staff has spoken with Bonney Lake. Staff recommends denial of extending the PAA and approval of the amendment to the sanitary sewer plan boundary. Utility Engineer Huskey pointed out the sewer service area boundary. The City is serving outside the PAA now in Pierce County. They can service the site through a number of mechanisms and there are different ways to serve. He stressed that schools should be on public sewer. Commissioner Ward inquired if Planning Commission recommends approval of sewer plan does it make the City provide the sewers and Utility Engineer Huskey said yes. Chair Ekrem wondered why the school district is pursing annexing the boundary when they don't need to reach their objective. Utility Engineer Huskey said the July deadline was to make an application for Comprehensive Plan amendment and the school district applied for everything to get sewer for the new school. John Anderson, Project Manager and consultant to the School District, said that getting sewer is their main objective and they did not object to Auburn recommending denial of a portion of their request. Virginia Haugen said that in 1995 we started to talk about annexing portions of Auburn to Pierce County and she thinks the time has come that Pierce County takes care of Pierce County, King County takes care of King County, and Auburn takes care of Auburn. These are complicated issues that waste time. If the school district in Pierce County needs sewer, let them go to Pierce County or let them go to the State. She is in favor of septic system. Commissioner Ward asked if Auburn kids attend the school and Planning and Community Development Director Krauss said that Lakeland PUD and became part of the Auburn School District. Some as yet unannexed areas in PAA are still in Dieringer School District and the long term answer is yes. Commissioner Ward asked if there is a cost benefit to extend the sewer and Planning and Community Development Director Krauss replied the cost is paid by the school district. Russ Jones spoke of the property owner's obligation, and maintenance and upkeep is taxpayer cost. The City is shifting infrastructure cost to Auburn taxpayers. He is not on sewer and in the future he will be forced to connect sewer, but at what cost? The City is providing transportation infrastructure, water infrastructure, sewer infrastructure to areas that don't belong to Auburn and this imposes higher taxes on property owners. Planning and Community Development Director Krauss said that the sewer utility is an enterprise fund paid for by users of the sewer system and is not something put back on the taxpayers. It is a self contained and self financed program. Virginia Haugen said as she talks to her neighbors they ask why pay storm drain fee and then their back yard is flooded? Why do sewer bills keep going up? She doesn't know what to say to them. The City just runs more water lines or sewer lines. -12- MINUTES OF THE PLANNING COMMISSION MEETING OCTOBER 7, 2003 Commissioner Ward made a motion, seconded by Commissioner Jones to close the public hearing. The motion carried. Commissioner Ward made a motion, seconded by Commissioner Peace, to adopt the staff recommendation. The motion carried. Chair Ekrem reiterated that the remainder of the Comprehensive Plan map and policy/text amendments will be heard at the October 14, 2003 meeting at 7:00 p.m. ADJOURNMENT With no further items to come before the Commission the meeting was adjourned at 10:30 p.m. PCV~GND~IIN 10-2003 -13-