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HomeMy WebLinkAbout11-05-2003MINUTES OF THE PLANNING COMMISSION MEETING NOVEMBER 5, 2003 The rescheduled meeting of the Planning Commission was held on November 5, 2003, at 7:00 p.m. in the Council Chambers of the Auburn City Hall. The rescheduled meeting was preceded by a study session that began at 6:40 p.m. Those in attendance were as follows: MEMBERS: Karen Ekrem, Ronald Douglass, Renee Larsen, Yvonne Ward STAFF: Paul Krauss, David Osaki, Sean Martin, Dan Heid and Patti Zook ALSO PRESENT: Mayor Lewis The following members were absent: Dave Peace, Garna Jones and Kevin Chapman The meeting was called to order by Chairman Karen Ekrem. STUDY SESSION - 6:40 pm · Adult Entertainment Ordinance Planner Martin announced this is the continued discussion on this matter. The packet contains two draft ordinances prepared by the City Attorney. An outstanding issue is whether the City should amortize or grandfather existing adult uses. Page 8 under 18.74.050 outlines provisions for amortization which were reviewed. The ordinance for pre-existing, on page 7, 18.74.040 was reviewed. Page 5 has a definition of adult retail establishment that has potential fluctuation between inventory of material, whether 10%, 20% or 30%. Public comment will be received during the public hearing process. Commissioner Ward asked City Attorney Heid, regarding amortization versus grand fathering, if City Attorney Heid can indicate legally if go ether way, if they are defensible. City Attorney Heid replied that both approaches have been accepted. Commissioner Ward said regarding amortization, is City Attorney Heid aware of any crime problems with the existing business that might be affected and City Attorney Heid replied that he is not aware of any. Commissioner Larsen referred to grandfathering and asked about establishing a record on facilities for public use, an inventory of what's out there? City Attorney Heid said this strategy would be beneficial and new business identified from date of business license. Other business questions could come up. An inventory list would be valuable. A question then would be what does business license provide? Commissioner Douglass wondered if City Attorney Heid can recommend in terms of legality of which one would stand up to challenge? City Attorney Heid said he would hope that either ordinance would stand up. These are two different approaches. One addresses the locations in terms of future uses only. The other allows a mechanism whereby any such uses not in conformance with the ordinance could relocate. Case law supports either approach. Commissioner Larsen inquired about sending both ordinances to the public hearing? Commissioner Ward inquired if there is a procedural problem with both ordinances being up for discussion? There could be things with one ordinance or the other. Planning and Community Development Director Krauss commented as long as the goal is to select one ordinance option, both ordinances could be brought forward. Chair Ekrem and Commissioner Larsen like the idea of bringing both ordinances forward. Commissioner Ward suggested that staff work to get the press and the community to show up for the public hearing, give testimony, so that there are no complaints that they didn't hear about the meeting. It is better to give lots of notice versus no notice and people complaining. City Attorney Heid said it is an easy task to make sure the news media knows in addition to the required public notice requirements. -1- MINUTES OF THE PLANNING COMMISSION MEETING NOVEMBER 5, 2003 Commissioner Ward remarked that for the sexual predator housing, who notified the press? Planning and Community Development Director Krauss replied that the only notification out of the ordinary was to ask the local newspaper to do an article which staff can do again. Whether the newspaper publishes an article is another matter. Planner Martin notified Planning Commission that the public hearing will probably be scheduled for January, 2004. Commissioner Douglass referred to the maps previously provided to the Planning Commission and asked if they were still appropriate. Planner Martin said yes, and he will have GIS run a new set of maps for the Commission. Commissioner Douglass wondered if the intent of the public hearing is to have literature include the 10%, 20% or 30% choices? Planner Martin said the information will be presented as it is now. Chair Ekrem confirmed that Commissioner Ward is interested in making sure that both options [grandfathering or amortization] are presented so there can be discussions on both. REGULAR MEETING - 7:00 pm APPROVAL OF MINUTES · Minutes of October 7, 2003 Meeting Commissioner Ward made a motion, seconded by Commissioner Douglass, to approve the minutes. The motion passed. PUBLIC COMMENT The public may comment on any item not scheduled for public hearing this evening. Joe Feurestein, speaking regarding adult uses, said there is definitely a coin toss as to what would prevail in court - amortization or grandfathering. He presented a copies of a clipping from the News Tribune entitled Lakewood Shifts Gears on Adult Zone After Outcry dated October 23, 2003. He also presented to Commissioner Larsen a copy of his bound document "Nonconforming Existing Adult Retail Uses that he presented to other Commissioners at a previous meeting. Commissioner Ward suggested that when Mr. Feurestein comes to the public hearing on adult uses that he make an argument on grandfathering and present any information or arguments that would be helpful for the public. People want to hear about safety and have a dialogue with the public. EXECUTIVE SESSION City Attorney Heid announced the purpose of the Executive Session is to consider a matter of potential litigation and the matter is expected to be discussed for approximately 15 minutes. Chair Ekrem recessed the meeting at approximately 7:07 pm and reconvened the meeting at approximately 7:30 pm after having announced an extension of the Executive Session duration. PUBLIC HEARING · ZOA03-0006 - Proposed text amendment to Auburn City Code (ACC) Section 18.48.070 entitled "Yards" to allow for the projection of covered, but unenclosed porches and platforms into the required front yard setback and to provide for reduced front yard setbacks for lots with significant slopes. Chair Ekrem opened the public hearing. Community Development Administrator Osaki presented the staff report and gave a PowerPoint presentation. The Code allows certain types of projections into the required setbacks such as bay windows, chimneys, eaves, awnings, planter boxes, and uncovered porches and non conforming lots with respect to width. Two elements are the focus of the amendment: 1) covered, unenclosed porches/platforms, 2) is lot on slopes (15% minimum slope). The existing Code -2- MINUTES OF THE PLANNING COMMISSION MEETING NOVEMBER 5, 2003 only allows for setback projections of uncovered porches/platforms. Currently there is no front yard setback exemption for covered porches whether they are enclosed or unenclosed. The proposed amendment was reviewed. He reviewed a graphic depicting the maximum 50% of house frontage and the required from yard setback. He reviewed the proposed language under 18.48.070 a and new item b. He reviewed five points under lots on slopes of 15%. He reviewed the new language for lots on significant slopes. Commissioner Ward asked how unenclosed porches are defined and Community Development Administrator Osaki said the definition is that the porch is open on three sides. Commissioner Ward asked about a porch in a corner, two sides are next to the house, two sides are open such as on her house, with a garage that protrudes forward, porch is enclosed on two sides and open on two sides. Community Development Administrator Osaki said this description would allow a reasonable interpretation. There was no public testimony. Commissioner Ward referred to the geo-technical report for building on a steep slope, if the engineer came in and proved to City that the house wouldn't' slide down would these requirements still be in place and Community Development Administrator Osaki replied yes. Commissioner Ward made a motion, seconded by Commissioner Douglass, to close the public hearing. Commissioner Ward made a recommendation, seconded by Commissioner Larsen, to recommend approval of the proposed amendments. The motion passed. · ZOA03-0002 - Text Changes to Auburn City Code Titles 14, 16, 17 and 18 related to Public Posting Notice Requirements (continued from the August and September meetings) Chair Ekrem said that Planning Commission needed to continue deliberations and make a formal recommendation to Council. Commissioner Ward made a motion, seconded by Chair Ekrem, to recommend denial of the amendments based on uniform public comment against the proposed changes. The motion passed. Planning Commission requested that the appropriate meeting minutes be forwarded to the Council. DISCUSSION · Adult Entertainment Ordinance Planner Martin commented that staff did not have any additional information at this time and can answer Planning Commission questions. There was no further discussion at this time. INFORMATION · Sensitive Areas Ordinance (most recent draft) No discussion on this item. · Press Release - November 20 Community Forum On Service Needs No discussion on this item. ADJOURNMENT With no further items to come before the Commission the meeting was adjourned at 7:45 pm. PC~AGND\MIN 11-2003 -3-