HomeMy WebLinkAbout03-02-2004MINUTES OF THE PLANNING COMMISSION MEETING MARCH 2, 2004
The regular meeting of the Planning Commission was held on March 2, 2004 at 7:00
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: Dave Peace, Karen Ekrem, Ronald Douglass, Renee Larsen, Yvonne
Ward, Kevin Chapman and Joan Mason
STAFF: Paul Krauss, David Osaki, Sean Martin, Eric Hagen, Dan Heid and Patti
Zook
The following members were absent: Ekrem
The meeting was called to order by Vice Chairman Dave Peace
PK: called 'lake auburn' by some; picture of site; location of site; history of area; bldg of
167 and devl in valley; natural drainage changes; water going east/west; culverts
insufficient (blt by dot); not easy to dredge; emerald downs filled 17 ac wi on site; pur
prop in this area for wi mitig-thurmod site; wi mitigation off site was fairly new idea to
area; thurmod site is lake site; now regarded textk of how to do wi restoration; tours by
enl commty; effective; mentioned nat flow of water; water keeps flowing to site b/c Iow
spot in valley; artesian well on site (site of old barn); see cold water bubblng up from
pond; signif amts of water flowing to site; series of problems; ptd out prop owned by
dipietro trucking who sued city and city sued; parties settled; city now owns prop; ptd
out roger Campbell property; lived there since '50s; city settled with roger; moratorium
on dev in area for 1 yr; pw dept had study; said could maintain status quo; mayor idea
of ackn area wet, concept of lake with recreation, idea liked by cc; vision of cc; high cc
priority; tremend commty asset; high visual; educal - envirl park w/nature experiences,
trail, etc; recreln purpose with boardwalk; trying to acq prop in area; purchase offer on
house adj to roger's and prop to north; mentioned Gertrude jones prop acquisition in
past; how to get realty of idea? City retained 2 consultants - 1 with david evans &
assoc, envl enginer-to do prelim concept of analysis of maj flaws and potential; 2 with
ecoss expertise in putting together coalition of agencies to support funding efforts; cc
just approved both contracts march 1; trying to acq prop, rec'd grants; next yr - pc part
of process in plan concept; idea to bear fruit; dea did illustration of what could look like;
EH: showed vision illustration for discussion purposes only;
Dp: 2 wks ago took trip; saw eco park like Disney land which is visited by busloads from
area and surrounding; native animals, waterways; people paid big bucks to see; very
nice; desirable
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MINUTES OF THE PLANNING COMMISSION MEETING MARCH 2, 2004
Pk: major wetland restoration in Indianapolis, boardwalks, nesting areas; in city,
resource for schools and science programs; can exist with urbanization if careful
Kc: in algon, idea with ponds, to white river; smaller version, not much trails, incorp ex
mitig area
Eh: diff bin open water wi compared to habitat;
Pk: mayor visualizes boat launch .... ;
Eh: mitigation, access,
Yw: bird watching oppty
Pk: 2 nesting islands for protection from pedators
Eh: would have to design with use by canoes, if desired
Rd: when overlap maps, if ½ designate as avail to adult businesses, some interaction
where have to plan ahead? If ½ coverd by this map, ....?
Pk: need to have some legit sites, but this is common occurrence in aub where much of
city is wet; signif amt of wi zoned for use;
Yw: if b/c park.., pk: if park then becomes protected and might limit areas for
adult use location; plenty of other sites in City of Auburn
Kc: yrs ago blue herons used to be in area; come back?
Pk: do well if provided habitat; herons at base of peasely canyon;
Eh: staff talking abt potential funding sources too; urbanized watershed restoration;
target efforts;
Kc: spawning pk: mill creek enhancement efforts; blackberries removed; re
establish channels; not sure abt getting fish from one side of hwy to other; good clean
water back to creek?
Eh: mill creek issues; change in flow and conditions of channel; temperature too;
Pk: introduce concept to pc; update; work starting; familiarize pc;
Kc: impact on kent? Devel in kent valley? Pk: kent done similar
projects, sewage lagoons conv to envl assets, mill creek flows to mullins slough to gr
river; kent done a lot already; anything doing with flow up stream balance with ds flow;
Eh: pc contact him with ? his role
1 st rd, 2nd kc; passed;
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MINUTES OF THE PLANNING COMMISSION MEETING MARCH 2, 2004
Yw: some ?; not hear for public testimony; ? for staff .... comment clarification; re:
amoritz vs gf, pg 7 of minutes, 2nd para - 'sr planner comment ..... addl adult ..... not
legally established...' is this legal standard?
Sm: have business lice if legally operating; compreh search of buldg lic data base; not
found any addl business than 4 discussed earlier; if going to do gf scenario, do more
compreh, windshield survey to conv stores, to see abt any addl stores; max mart and
sunshine deli could be types of bus that operate as adult use but don't know about;
these 2 businesses mention videos on sign; go all thorugh bus; to see if exist or don't
exist
Yw: could be a number of bus that have section, legal now and could get gf;
Sm: went to all conv stores in town
Yw: how did numbers break down? 2 known at 30? Sm: based upon inventory
seen, of 2 conv stores, not anywhere close to 30%; neither could say if they exceed 10
percnt; 1 would and 1 wouldn't; re: inventory; 1 aspect that might qual as adult use
Yw: disc how to assess the percentage of business? How to monitor?
Dh: city code does have provisions that exist to allow city to allow certain information;
not same protections as home; as doing business in area, city has in bus lic ordinance
mech for gaining such info; if need there is mech in place
Dp: thinking a lot about since ph; 1 keys to limit or control adult use is secondary
effects; heard testimy that place like Iov pkg that has no history of secondary effects,
hard pressed to say they have sec effects; makes case for limitg this type of bus weak;
don't want this next to school either; video blue limited second effects probably too;
wondering if cse for limiting to certain areas due to sec effects based on Iov pkg?
Dh: lot of discretion for cities; fact that law, and cases dealing with, have allowed cities
to look at exper of other cities; if city not have regs to control, could make vuln for some
uses that are more problematic, scrutinty and come to aubur b/c scrutiny less; don't
have to look at what aub exper has been; can look at other cities experience; spoke abt
renton, playtime theater ..... ; gave example; can look at diff studies and materials in
binder; city may not hav eproblmes of other cities, has oppty to employ regs to address
if occur; left to some discretion, latuitude of choices;
RI: Iov pkg diff kind of bus than bookstores; what sec effect have cities had from Iov
pkg; if no sec effects, how to limit Iov pkg type of businesses?
Dh: are stores that sell merch that miht be similar to Iov pkg, may have diff marketing,
stores in some area of Puget sound that have had problems; some problems such as in
renton; castle bookstores mentioned; some debris or little in area from stores; concerns
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MINUTES OF THE PLANNING COMMISSION MEETING MARCH 2, 2004
may surface; police found in some instances, depending on marketing, some cities
have higher levels of prostit based on types of adult business; regs must address
issues that other cities have had whether have problems now; look at other cities
studies; tried to address diff responses to problems that auburn hasn't had;
Dp: if not smart enough to reg business good, diff routes to take; Iov pkg fine; could be
business catering to bikers, for ex; and could have bad effects
Yw: doesn't know whats in Iov pkg; maybe should have gone and looked; certain amt of
cloths, certain amt of paraphen
RI: been there for research; same store as , but directed toward women;
marketed toward women and appears that less effects b/c geared to women and if
geared to men bad; essentially same merchandise; items in back of stores, books,
vides, stuff
Yw: if abt 1 store in 1 town; if go anytwhere else and have mult; Iov pkg could be fine;
then maybe another business and then another; could bid; not abt Iov pkg but overall
policy of city; accommod bus that haven't had impacts; don't want to think abt Iov pkg
or video blue that have limted impacts; what could happen here and how to take right
steps
RI: controlled number in town; control amt of sales by ord; should prob gf what here and
then that's it; chance to regul other ubsine wanting to come in
Dp: put in certain areas
RI: criteria to be met or have to be in certain area; reg where going to be
Yw: how close bus to sensitive area? Sm: fall within 1K of sensitive;
Yw: next to park or school? Sm: max mart close to school as crow
flies; video blue is prob most separated; residl on oppos of awn; sunshine deli abt prox
towards dick scobee school; Iov pkg to auburn hi scl
Yw: how many feet? Pk: blks 300 ft; Iov pkg 300 ft away
Dp: gf is not being right way to go; b/c saying things bad, cant have; no way around;
going for gf
Rd: talked to police chief abt secondary effects of current 2 bus; told no secondary
effects; asked specific abt strict ord and gf 2 businesses - told police wouldn't have
problem;
Inclined to go with idea of gf too; strict ord for anything else
Kc: agree; no secondary effects on commty; testimy of those against adult business; 10
percent; extg bus being gf; testi felt same way; they were aware of new business that
wanted to start in strip mall; they were against that;
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MINUTES OF THE PLANNING COMMISSION MEETING MARCH 2, 2004
Yw: when foks talked abt gf and amortize, did they understand that business could
move and still be in town: did they understand what gf meant?
Dp: said no gf, and when found out Iov pkg would be included, said no problem with gf
Rd: some people speaking against, when found out, had contacted Iov pkg for
donations for commty groups, then backed off
Yw: gave ex, max mart gf, then what gf in for? Any business bought out and turned into
cabaret?
Dh: gf is fixed in time status; cant expand or increase non conform; maintain but not
increase; gave example; if conv store wanted to change marketing approach and might
increase non conform, couldn't
RI: not sure about 10%, small amt; couple items
Dh: business that wanted to sell more than 10, not currently pre exiting, have to be
iwhtin buffer setback;
RI: 10 of gross reven, inventy; tight ocnstainst;
Dh: no confusion; if business not in auburn, if regs gf, those pre exitn non conf could
continue at present level of activy; then have to be in further setback area; then could
have much of business percentage as want; using 10 for deifing of if bus in reg; gave
example; use to control bus that might be next to church? Gave exm - use 30..; could
happen if use definition; concerned abt future business - regulate to those areas
etback
RI: 10 is still small;
Pk: keep threshold as Iow as possible; gas station could sell mag, but nothing else;
keep Iow
Kc: public wants 10;
Yw: 10 is a lot; gave example;
tighter than other cities
ri: tight constraint; defendable in court?
ri: 10 of sales, merch; defensible? Constaint
Dh: aub has adv has config of higher percentage than other cities of avail territy; can
be tigher than other cities, not restrincting oppty b/c of area available
RI: don't want too tight and end up in court
area that could be included
dh: higher percenatage of
Rd; 1st, insert 10 and gf; 2nd yw
Dp: clarification;
Rd: 3 possibilities - rec 10%, gf ordinance;
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MINUTES OF THE PLANNING COMMISSION MEETING MARCH 2, 2004
Dp: mike bocatch's comments - reviewed his comments; city found anything substantial
in his comments?
Sm: major of his comments were ? and wanted to make sure that pc understand the
potential implications; staff met with him for 1.5 hrs; gave him feedback related to ?;
outlined of what presented are those issues he was concerned abt
Dh: read thorugh his comments; some were ? are not problematic; some suggestions
do make sense; hope motion includes lang clarifications where necessary; basic fabric
of ordin, in final form,
Rd: clean up, organization, A,B,Cs to follow correct order
Dh: must show underline strikeout for cc review; no gaps or
Sm: 1 of comments, bocatch, way certain definitions written, adult sauna; he concerned
abt ymca age restriction; does this make them adult sauna? Age restriction in sauna for
Y or bally's doesn't make them adult; lang appropr to exclude those businesses not
intended to be regulated; bocatch concerned abt any hotel or fitness that might have
sauna or hot tub and not restrict for adult use;
Rd: comment made that include correct definitions; included in motion
Dp: staff take on bocatch comments; what about his comment re: audio?
Sm: bocatch concern abt bus that prov material that would be sex or in nature that
doesn't have any visual components to it, cd or other that would be listening only; defin
adeq covers that; tremend laundry list provided; could annotate audio as potential dev
Dp: wanted to undersnd what he meant; trusts staff to cover
Dh: thinks adeq covered; when put in final form; some concerns of bocatch dealt with
lang not touched; staff didn't change every word in ord;
Yw: audio covered in audit entertainment material; exhaustive list; thorough list; on
making sure noted what record is; of what pc reviewed; know most pc reviewed binder,
yr's worth of discussion; vote along with gf as stated here; no credence to testimony of
owner of Iov pkg; said no 'secondary effects'
Dh: minutes from mtgs are part of legislative record, cds from mtgs, binder;
Yw: formal findsings or adopt? Dh: 1 single motion;
Yw: motion in place; implies making findings?
need too;
Dh: includg legisl record; don't
Dp: restated rd's motion; yw 2nd; 10% and gf existing bus
No opposed
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MINUTES OF THE PLANNING COMMISSION MEETING MARCH 2, 2004
Dh: thanked pc for hard work; not easy task; handled very resp
Yw: thanked staff for hard work
Do: introduced Joan Mason, place of Garna Jones;
Do: on agenda, added blurb re: clarification of pc relation to cc; for citizens info; clarify
for public
Do: beginning to process annex in pierce co to take in balance of annex in pierce co;
keep eyes open; 3-4 months, may taken in all of annex area in pierce co
Yw: legis amend .... ? Do: kept orig lang in statute; supreme ct reversed,
Pk: justice wrote opinion in overturn; dh wrote amicus brief for awc; supr ct to revisit
and overturn
Rd: clarification of what goes to HE and PC
Do: pc respons is legislative, aments or prep of new ping docs; subdiv code, zonong
ord; comp plan; HE hears quasi judic such as rezone, variance, cup, plat; appeals of
admin interp; bus lice appeals; specific quasi judic role in land use acitons; area wide
rezones to PC; individ rezone to HE;
Yw: why have comp map and zone map? Why not 1 map? Cp map amendt b/c zoning
inconsistent; why not 1 map?
Pk: ideallyl land use map and zoning map in conformance; pain is longer range vision
document; supposed to rep end state achieved and then zoning map in compliance;
changed over time as indiv proposals come forward;
Dp: zoning map where are, cp map where want to be
Sm: caveat - any time city initiates rezone, qualifies as area wide rezone and ocmes to
PC; priv initiated ones, applic makes request;
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MINUTES OF THE PLANNING COMMISSION MEETING MARCH 2, 2004
PCgAGND\MIN 03-2004
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