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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 -1- 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; -2- 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 -3- 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; -4- 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; -5- 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 -6- 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; -7- MINUTES OF THE PLANNING COMMISSION MEETING MARCH 2, 2004 PCgAGND\MIN 03-2004 -8-