HomeMy WebLinkAbout09-09-2009
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Crrv oF_ PLANNING COMMISSION
~rBUltl ~I SEPTEMBER 9, 2009
WASHINGTON
r MINUTES
1. CALL TO ORDER
Chair Judi Roland called the meeting to order at 7:02 p.m. in the Council Chambers located
on the first floor of Auburn City HaII, 25 West Main Street, Auburn, WA. Commission
Members present were: Chair Judi Roland, Vice Chair Kevin Chapman, Bob Baggett, Peter
Di Turi, Michael Hamilton, and Dave Peace. Commissioner Ron Copple and Joan Mason
were excused.
Staff members present were: Planning Director Cindy Baker, Assistant Planning Director
Kevin Snyder, Principal Planner Elizabeth Chamberlain, Cynthia Lamonthe, Assistant City
Attorney Steve King, and Planning Secretary Renee Tobias.
. Also present were: Tanya Nascimento, Mike Newman, Dave Grambush, Gwen Escher-
Derdowski and Sally McLean.
II. APPROVAL OF MINUTES
A. August 4, 2009
Commissioner DiTuri moved and Commissioner Peace seconded to approve the
minutes from the August 4, 2009.
MOTION CARRIED UNANIMOUSLY 6-0 .
B. August 25, 2009
Commissioner Baggett moved and Commissioner Peace seconded to approve the
minutes from the August 25, 2009. Commissioner Hamilton abstained.
MOTION CARRIED UNANIMOUSLY 5-0
III. PUBLIC COMMENT
There were no public present for comments.
IV. PLANNING DEPARTMENT REPORT
Principal Planner Elizabeth Chamberlain reported that the Mayor's Institute on City Design
was held August 31 - September 2, 2009. This design charrette program is jointly
administered by the U.S. Mayors Conference, American Architectural Foundation, and
National Endowment of Arts. The City was one of twenty invited to submit an application
and one of five that were awarded a grant.
The MICD team met with staff, downtown stakeholders and developers. A final presentation
was made by MICD to the community on September 2, 2009 with their recommendation for
the downtown area. Three main recommendations came from the MICD team; 1) continue
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PLANNING COMMISSION MEETING MINUTES September 9, 2009
the character of historic Main Street to connect with new development that fronts Main
Street, 2) expand the City Hall Plaza south across Main Street to create a larger civic plaza;
and 3) look at removing on-street parking on the north side of Main Street, redistributing to
another area, to widen the sidewalk for outdoor seating.
Assistant Planning Director Kevin Snyder reported that City Council approved the text
amendments regarding ACC 18.56 (Signs) for temporary and portable signs which
were reviewed by the Planning Commission at the August 25, 2009 meeting. Council
concurred with the Commission's recommendations with one change. The Commission
recommended a permit process for public right-of-way and Council thought it was
appropriate to apply the same standards to private property. Planning and Community
Development Chair Norman expressed to the Council her appreciation for the
Commissioners' hard work and short turn around in order to bring this ordinance forward to
support local business owners. Staff is working with the legal department to create a permit
application form that will be placed online for a no-fee permit.
Director Cindy Baker reported that planning directors from local jurisdictions have met to
develop a fair method to allocate the target population requirements from the state. The
cities are identified as metro cities, core suburban cities designated as Urban Centers, large
suburban cities, small cities, and rural. Auburn is identified as a core suburban city. While
the state allocates the target population, infrastructure dollars are not given to meet the
population increase. Mayor Pete Lewis wrote a letter stating that Auburn would take the
additional population only if the City receives dollars for the infrastructure.
On September 16, 2009, the Growth Management Planning Board will consider the costs of
infrastructure and dollars shared per population. This is a big step to at least begin a
conversation.
V. PUBLIC HEARINGS
A. Group 1 of the 2009 Comprehensive Plan Amendments
Principal Planner Elizabeth Chamberlain presented a brief staff report summary. School
districts are required to update their 6-year Capital Facilities Plan (CFP) on an annual
basis. Information contained in the school district's CFP serve as the basis for the City's
collection of school impact fees on behalf of the school district. The CFP is adopted as
part of the City's Comprehensive Plan and the actual impact fee assessed is set by
ordinance by the City Council. Capital Facilities Plans are subject to environmental
review (SEPA) and Determination of Non Significance (DNS) was issued by each school
district and incorporated into the City's environmental determination.
Policy/Text Amendments P/T #1 - Auburn School District
The Auburn School District provided the City with its annually updated CFP covering
2010-2015 which was adopted by the School Board on May 11, 2009 The School
District issued a Determination of Non-Significance (DNS). The impact fees for single-
family dwellings is $5,432.70 and for multi-family dwellings, $1,184.71. The fee has
increased slightly from previous years for single family; however, the greatest increase
was to multi-family dwellings. Staff recommends that the Planning Commission
recommend approval to the City Council.
Chair Judi Roland opened the public hearing at 7:13 p.m. to receive comments about
P/T #1 - Auburn School District.
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PLANNING COMMISSION MEETING MINUTES September 9, 2009
Mike Newman, Auburn School District Deputy Superintendent, 915 4th Street NE,
Auburn, WA
Mr. Newman reported that 14,518 students began school today. A few changes to the
CFP were noted. The District will not build additional school facilities this year.
However, portable buildings have been added to Mt. Baker Middle School and Lakeland
Hills Elementary School to meet increased capacity. The District is in the process of
installing a modular facility near Auburn High School for the 18-21 year old Special
Education Transition Program. The standard of service has been changed due to
program changes and the District has updated the available square footage allocations
and state matching dollars.
Mr. Newman noted that the increase in the multi-family impact fees was influenced by
the recent opening of The Seasons apartment complex on Lea Hill, which drastically
increased the number of students from multi-family developments. The District
continues to monitor 29 developments that have occurred in the past five years, with 7
developments not built completely. Twenty-seven developments are on the books from
various jurisdictions, with City of Auburn, Algona/Pacific, Kent, and unincorporated King
County. This will bring approximately 2,400single family homes when the developments
are built out and the student generation factor show indicates and addition of
approximately 1,560 additional students during that period of time. There are also 9
multi-family developments the District is tracking, with 3 in various stages of
construction. Two projects will have 176 multi-family residences that will bring additional
students.
In response to Commission's question, Mr. Newman stated that boundary change
reviews are completed every few years and it is a year-long community process. The
District is looking at doing a review within the next two years as there are issues with
balance of student population in the south end of the District. By State law, parents may
request a school change if that school's capacity is open to receive out of boundary
students. Mr. Newman reported that schools with portables are closed to change
requests as they have exceeded their capacity. Only growth within that attendance area
would be allowed and waivers would be not accepted.
The district currently is not eligible for state matching funds at the elementary school
level for new construction. Mr. Newman stated that this is due to the fact the district has
many neighborhood elementary schools with sufficient total capacity. Some of the
schools are not located in the right areas to address specific capacity needs, however. If
students were moved to other schools, there would be an increase in bus traffic and
upset families.
There being no one present to speak regarding the P/T #1 - Auburn School District,
Chair Roland closed the hearing at 7:23 p.m.
Commissioner Peace moved and Commissioner Baggett seconded to recommend
inclusion of the Auburn School District Capital Facilities Plan into the City's
Comprehensive Plan amendments.
MOTION CARRIED UNANIMOUSLY 6-0
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PLANNING COMMISSION MEETING MINUTES September 9, 2009
Policy/Text Amendments P/T #2 - Kent School District
The Kent School District provided the City with its annually updated CFP covering 2000-
2010 to 2014-2015 which was adopted by the School Board on June 24, 2009 The
School District issued a Determination of Non-Significance (DNS). The proposed impact
fees for single-family dwellings is $5,394.00 and for multi-family dwellings, $3,322.00.
This impact fee has increased slightly from previous years. Principal Planner Elizabeth
Chamberlain stated that the Kent School District operates primarily in the north Lea Hill
area of Auburn. Staff recommends that the Planning Commission recommend approval
to the City Council.
Chair Judi Roland opened the public hearing at 7:24 p.m. to receive comments about
P/T #2 - Kent School District.
Gwen Escher-Derdowski, Forecast & Planning Administrator, 12033 SE 256th St, Kent,
WA
Ms. Escher-Derdowski reported that the Kent School District is the fourth largest district
in the state and the largest in King County with an impact fee program. Fees are also
authorized in Kent, Covington, Renton, and unincorporated King County There are 40
schools within the district which includes 28 elementary schools, 6 middle schools, 4
comprehensive high school and 2 academies.
The district serves eight permitting jurisdictions, including unincorporated King County,
Covington, Kent, Auburn, Renton, Black Diamond, Maple Valley, and SeaTac. A phased
transfer of some Kent School District territory to Auburn School District occurred a few
years ago. The Kent School District continues to serve 2-3% of students from the City of
Auburn.
The district currently has a permanent program capacity to house 27,321 students and
transitional capacity to house 1,552. Ms. Escher-Derdowski reported on projects that
are completed or in the planning phase within the District. There are 10,000 units in the
project development pipeline. It is unknown when they will be completed due to the
current economy. The Kent School District historically has had higher multifamily
developments in Kent and thus the higher student generation factor than neighboring
school districts.
The requested impact fees have increased by $90 for single family units and $56 for
multi-family units. Ms. Escher-Derdowski reported that the District has voluntary capped
fees using the CPI rate of inflation. Without this voluntary adjustment, the single family
fee would be $10,033.
There being no one present to speak regarding the P/T #2 - Kent School District, Chair
Roland closed the hearing at 7:37 p.m.
Commissioner DiTuri moved and Commissioner Baggett seconded to recommend
inclusion of the Kent School District Capital Facilities Plan into the City's Comprehensive
Plan amendments.
MOTION CARRIED UNANIMOUSLY 6-0
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PLANNING COMMISSION MEETING MINUTES September 9, 2009
Policy/Text Amendments P/T #3 - Dieringer School District
The Dieringer School District provided the City with its annually updated CFP covering
2010-2015 which was adopted by the School Board on April 27, 2009 The School
District issued a Determination of Non-Significance (DNS). The proposed impact fees
for single-family dwellings is $10,640.00 and for multi-family dwellings, $908. Last year,
no fee was assessed for multi-family housing. Staff recommends that the Planning
Commission recommend approval to the City Council.
Chair Judi Roland opened the public hearing at 7:45 p.m. to receive comments about
P/T #3 - Dieringer School District.
Principal Planner Elizabeth Chamberlain presented on behalf of Dieringer School
District; no district staff members were present. This district serves Pierce County
elementary and middle schools in the Lakeland Hills area. Derringer School District
does not have a high school and these students attend Auburn Riverside High School.
The city code requires that the school's Capital Facilities Plan provide a justification for
the amount charged for impact fees; the Dieringer School District has not met this
requirement. Ms. Chamberlain noted that in previous years, Council has approved half
of the requested amount. Current code does not charge a multi-family impact fee in this
District and staff will bring this forward to City Council as a discussion item as part of the
ordinance review. There has been an increase in multi-family development in the Pierce
County side of Lakeland Hills.
There being no one present to speak regarding the P/T #3 - Dieringer School District,
Chair Roland closed the hearing at 7:51 p.m.
Staff clarified for the Commission that the Commission may make a recommendation to
Council that the fee be reduced. Commission discussed the reduced impact fee
recommendation.
Commissioner DiTuri moved and Commissioner Hamilton seconded to adopt the
Dieringer School District Capital Facilities Plan into the Comprehensive Plan with
recommendation that City Council review and reduce the impact fees.
MOTION CARRIED UNANIMOUSLY 6-0
Policy/Text Amendments P/T #4 - Federal Way Public Schools
The Federal Public Schools provided the City with its annually updated CFP covering
2010-2015 which was adopted by the School Board on May 26, 2009. The School
District issued a Determination of Non-Significance (DNS). The proposed impact fees
for single-family dwellings is $3,832.00 and for multi-family dwellings, $2,114.00. The
impact fees have slightly decreased for single-family dwellings and increased for multi-
family. Principal Planner Elizabeth Chamberlain stated that the Federal Way School
District operates primarily in the West Hill area of Auburn. The zoning for West Hill is
single-family dwellings; the multi-family impact fee would not apply. Staff recommends
that the Planning Commission recommend approval to the City Council.
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PLANNING COMMISSION MEETING MINUTES September 9, 2009
Chair Judi Roland opened the public hearing at 7:38 p.m. to receive comments about
P/T #4 - Federal Way Public Schools.
Tanya Nascimento, Student Demographic Forecaster, Federal Way Public Schools,
3140518 th Ave S, Federal Way, WA
Sally McLean, Chief Financial Officer, 31405 18th Ave S, Federal Way, WA
Ms. Nascimento reported that the Federal Way Public Schools serve students from
unincorporated King County, Auburn, Des Moines, Kent and Federal Way jurisdictions.
The District serves approximately 21,500 students in 21 elementary schools, 7 middle
schools and 5 high schools. In addition, there are two K-8 grade schools; Federal Way
Public Academy serves grades 6-10, TAF Academy which serves 6-12 and Internet
Academy serving K-12. Federal Way Public Schools serve approximately 600 students
who reside within Auburn's city limits at Meredith Hill Elementary School.
The District has prepared a multi-phase plan for the renovation and construction of
schools and support buildings. The Board authorized presenting a $149 million bond,
which passed at 63.93%, that will replace four elementary schools and one middle
school.
There being no one present to speak regarding the P/T #4 - Federal Way Public
Schools, Chair Roland closed the hearing at 7:44 p.m.
Commissioner Hamilton moved and Commissioner DiTuri seconded to recommend
inclusion of the Federal Way Public Schools Capital Facilities Plan into the City's
Comprehensive Plan amendments.
MOTION CARRIED UNANIMOUSLY 6-0
P/T # 7 - Comprehensive Water Plan
Chair Judi Roland opened the public hearing at 7:57 p.m. to receive comments about
P/T - Comprehensive Water Plan.
Water Utility Engineer Cynthia Lamothe informed the Commission that the Department
of Health and the Growth Management Act requires that the City's Comprehensive
Water Plan be updated on a regular basis, approximately every six years. Ms. Lamothe
reviewed a few of the objectives of the Plan identified in the memo distributed to
Commission with the draft Comprehensive Water Plan.
Staff clarified that Commission's recommendation on the draft plan would be that the
City Council submit the Plan to the Department of Health. Any changes by the
Department of Health would return to the Council committees; the Plan would not come
back to the Commission.
Commission asked Ms. Lamothe to speak to the cost not being spread out over several
years for the 2011 Intertie Infrastructure and Water Supply Charge planned. Currently
the City is looking at a two-prong approach for water supply, which includes developing
their own sources and potentially purchasing from adjacent purveyors. That amount in a
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PLANNING COMMISSION MEETING MINUTES September 9, 2009
single year would be a bond issue to pay for the system development charges were the
City to purchase water from an adjacent purveyor.
Ms. Lamothe responded to Commission's question whether the City is in discussion with
Cascade Water Alliance, stating that there has been some discussion regarding the
opportunities of obtaining water from various purveyors and the Alliance is one of them.
Ms. Lamothe also answered Commission's questions regarding the Lakeland Hills New
Reservoir as listed on Table ESA in the Plan.
There being no one present to speak regarding the P/T - Comprehensive Water
Plan, Chair Roland closed the hearing at 8:04 p.m.
Commissioner Hamilton moved and Commissioner DiTuri seconded to accept the draft
Comprehensive Water Plan.
MOTION CARRIED UNANIMOUSLY 6-0
Map Amendments
Principal Planner Elizabeth Chamberlain presented the oral staff report on the proposed
map amendments. The maps serve as reference maps to the Comprehensive Plan and
do not change any land use maps.
CPM #1 - Map 9.1 Shoreline Master Program
Chair Judi Roland opened the public hearing at 8:06 p.m. to receive comments about
CPM #1.
Principal Planner Elizabeth Chamberlain reported that the Shoreline Master Program
(SMP) was adopted by City Council in May 2008 and the document was submitted to
Department of Ecology (DOE) for their review and approval. The DOE review process
created some substantial changes which was brought back to the Planning Commission
and City Council. Staff worked with the DOE staff and the City Council to adopt a
revised SMP in April 2009 that was ultimately approved by DOE in May 2009. As a
result of the amended SMP, the shoreline environments mapped on Map 9.1 need to be
updated to reflect the designations adopted in the SMP. Ms. Chamberlain reviewed the
three shoreline designations with the Commission.
In response to Commission's question regarding Mill Creek, Ms. Chamberlain explained
that in order to have the criteria of shorelines of the State, a body of water must have 20
cfs; Mill Creek does not meet this and is not a designated shoreline. Mill Creek,
however, is protected under the City's critical areas ordinance under streams.
There being no one present to speak regarding the CPM #1 - Comprehensive Water
Plan, Chair Roland closed the hearing at 8:12 p.m.
Commissioner DiTuri moved and Commissioner Peace seconded to approve Map 9.1
Shoreline Master Program to the Comprehensive Plan.
MOTION CARRIED UNANIMOUSLY 6-0
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PLANNING COMMISSION MEETING MINUTES September 9, 2009
CPM #2 - Map 3.5 Groundwater Protection Zones
Chair Judi Roland opened the public hearing at 8:12 p.m. to receive comments about
CPM #2.
Principal Planner Elizabeth Chamberlain stated that Map 3.5 is a new reference map to
the Comprehensive Plan and identifies the tributary area to the Coal Creek Springs
watershed as well as other wellhead protection areas in the City. Map 3.5 would be
referenced in the Land Use Policy LU-9, which states that the density will be limited
around the Coal Creek Springs watershed.
Water Utility Engineer Cynthia Lamothe answered questions asked by the Commission
regarding aquifer and aquitard and protection of the aquitard area due to recent road
and sewer construction.
There being no one present to speak regarding the CPM #2 - Map 3.5 Groundwater
Protection Zones, Chair Roland closed the hearing at 8:15 p.m.
Commissioner Peace moved and Commissioner DiTuri seconded to adopt Map 3.5
Groundwater Protection Zones into the Comprehensive Plan.
MOTION CARRIED UNANIMOUSLY 6-0
CPM #3 - Map 3.6 Enumclaw Plateau
Chair Judi Roland opened the public hearing at 8:16 p.m. to receive comments about
CPM #3.
Principal Planner Elizabeth Chamberlain stated that Map 3.6 is a new reference map to
the Comprehensive Plan. Land use policy code LU-10 states that the City will support
low density zoning adjacent to the city limits on the Enumclaw Plateau by not extending
City sewer and water facilities to the area. Since the policy references a specific
location, staff recommends including a reference map showing the portion of the
Enumclaw Plateau that is described in text.
Commission noted that the map legend indicates Enumclaw Plateau Agricultural District.
Staff responded that this name comes from the King County zoning and recommends
that the policy be modified to reflect Enumclaw Plateau Agricultural District. Staff will
make changes to LU-10 to reflect the correct name.
There being no one present to speak regarding the CPM #3 - Map 3.6 Enumclaw
Plateau, Chair Roland closed the hearing at 8:16 p.m.
Commissioner DiTuri moved and Commissioner Peace seconded to adopt Map 3.6 into
the Comprehensive Plan with modification that the title be changed to Enumclaw Plateau
Agricultural District per staff.
MOTION CARRIED UNANIMOUSLY 6-0
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PLANNING COMMISSION MEETING MINUTES September 9, 2009
CPM #4 - Map 10.1 Historical Resource Inventory
Chair Judi Roland opened the public hearing at 8:19 p.m. to receive comments about
CPM #4.
Principal Planner Elizabeth Chamberlain stated that Map 10.1 is a new reference map to
the Comprehensive Plan which identifies properties that have been determined or
designated as landmarks by National and/or State Register and County Register. Ms.
Chamberlain reviewed the properties with the Commission. Commission recommended
adding a reference table to the map for identification of properties. It was also
recommended that an inset map of the downtown area be added. Staff will make these
recommended changes.
There being no one present to speak regarding the CPM #4 - Map 10.1 Historic
Resource Inventory, Chair Roland closed the hearing at 8:23 p.m.
Commissioner DiTuri moved and Commissioner Hamilton seconded to adopt Map 10.1
3.6 into the Comprehensive Plan with modifications that a table be included listing
locations of historic resources, adding an inset of the downtown area, and bringing the
map up to date with modifications of any omissions
MOTION CARRIED UNANIMOUSLY 6-0
Text Amendments
P/T # 8
Principal Planner Elizabeth Chamberlain reported that the Planning Commission
reviewed the proposed text amendments in detail at their August 4, 2009 meeting.
Chair Judi Roland opened the public hearing at 8:26 p.m. to receive comments about
P/T #8.
At the Planning Commission's request, Principal Planner Elizabeth Chamberlain
provided a brief summary of the proposed text amendments. The majority of the
amendments reflect the changes to Title 17-Subdivisions and Title 18-Zoning
(Residential) that were made as part of the Phase I Code Update; amended Shoreline
Management Program and minor changes to be consistent with state law.
There being no one present to speak regarding the PT #8, Chair Roland closed the
hearing at 8:35 p.m.
Commissioner Hamilton moved and Commissioner DiTuri seconded to accept the
Comprehensive Plan Policy/Text amendments as presented.
MOTION CARRIED UNANIMOUSLY 6-0
Principal Planner Elizabeth Chamberlain informed the Commissioners that Group 2 of
the Comprehensive Plan will have a public hearing at the October 6, 2009 Planning
Commission meeting. Group 2 will be comprised of three maps and one privately
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PLANNING COMMISSION MEETING MINUTES September 9, 2009
initiated policy/text amendments, the remaining utility plans (sewer and storm) and the
Comprehensive Transportation Plan.
Chair Roland recessed the meeting for approximately 5 minutes at 8:40 p.m. for a brief
intermission. The meeting was reconvened 8:46 pm.
B. Amendments to Chapter 18.46 (Temporary Uses) of Auburn City Code
Chair Judi Roland opened the public hearing at 8:47 p.m. to receive comments about
Chapter 18.46 - Temporary Uses amendments.
Staff distributed Exhibit 8 - Notice of Determination of Non-Significance, which applies to
agenda Items B and C and Exhibits 9-13 which applies to Item B.
The draft amendments to Chapter 18.46 provide an administrative approval process for
temporary uses without requiring full compliance of the development standards for the
applicable zoning district. Assistant Director Kevin Snyder noted that the draft
amendments are consistent with the direction provided to staff by the Commissioners
and Planning & Community Development Committee during their special joint meetings
held on August 4, 2009 and August 11, 2009.
Mr. Snyder stated that the most important element in the draft amendments is a shift in
orientation away from Hearing Examiner review and approval of temporary uses, to an
administrative review and approval by the Planning Director. He indicated that the
current process can be fairly onerous for relatively short-term uses.
Mr. Snyder reviewed briefly the additional exhibits and noted the following key items
Exhibit 9 - 18.46.030: Added wording noting that there is a requirement for
applicable filing fees
Exhibit 10 - 18.46.050.A: Referenced in ACC 18.02.040.E, which is Exhibit 11.
Exempts the City from obtaining a temporary use permit when doing construction on
city-owned property.
Exhibit 11 - Chapter 18.02.040: Referenced in Exhibit 10
Exhibit 12 - Chapter 18.46.070.A.1(d): Added clarification that a Type 1 Temporary
Use Permit would be required for temporary use of privately owned property in
conjunction with the construction of public buildings.
Exhibit 13- Chapter 18.46.100.B: Changes the length of calendar days required for
an extension request for permits valid for less than 30 days. Commission suggested
changing the wording to 30 days or less; staff will make the change.
Mr. Snyder stated that temporary use permits are revocable if the conditions of approval
are not met. Temporary use permits also have a time limitation and the applicant has
opportunity to request extensions.
There being no one present to speak regarding amendments to Chapter 18.46-
Temporary Use, Chair Roland closed the hearing at 9:08 p.m.
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PLANNING COMMISSION MEETING MINUTES September 9, 2009
Commissioner Hamilton moved and Commissioner Peace seconded to accept the
amendments to Chapter 18.46 Temporary Uses with the modification of 30 days or less
in Chapter 18.46.100.13 and inclusive of changes in Exhibits 9-13.
MOTION CARRIED UNANIMOUSLY 6-0
C. Amendments to Title 18 (Zoning) of Auburn City Code - Administrative Use
Permits & Conditional Use Permits
Chair Judi Roland opened the public hearing at 9:09 p.m. to receive comments about
amendments to Chapter 18 (Zoning) Administrative Use Permits and Conditional Use
Permits.
Senior Planner Chris Andersen distributed Exhibit 9, which consisted of revised pages 4,
6 and 27 of 36. Mr. Andersen clarified that only the sections affected by the proposed
amendments were included in the Commission's packet. The draft amendments are
consistent with the direction provided to staff by the Commissioners and Planning &
Community Development Committee during their special joint meetings held on August
4, 2009 and August 11, 2009. Specifically, those uses that are currently conditional that
might more appropriately be administrative as well as reviewing the requirements and
regulations for the administration of Administrative Use Permits and Conditional Use
Permits and making changes where appropriate.
Mr. Andersen provided a brief overview of the proposed amendments to Chapter 18.64 -
Administrative and Conditional Use Permits, stating that these amendments clarify the
process requirements for administrative and conditional uses.
Conditional Use Permits would continue to be a Type III permit decision that would go to
Hearing Examiner for public hearing and final decision. Appeals of the Hearing
Examiner decision would go to the superior court.
Administrative uses would be a Type II permit consistent with ACC Title 14, with
additional provisions in two areas. First, two additional public notice requirements have
been proposed based on the previous input of the Committee and the Planning
Commission; the Notice of Application notification mailing radius would be increased to
500 feet for uses in R-C Residential Conservancy Zone and all commercial and
industrial districts; and second, that the public notice would be posted on the City's
website.
The second additional provision is that the Planning Director or designee would either
make the final decision which would be appealable to the Hearing Examiner, or would
forward the application to the Hearing Examiner per Section 18.64.020 for the Hearing
Examiner to hold a public hearing and make the final decision. The Planning Director's
decision to forward an Administrative Use Permit application to the Hearing Examiner
would not be appealable.
Mr. Andersen provided a summary of the Table 18.07.020 Permitted Use Table -
Residential Zoning Designations amendments. He noted that the amendments contain
a new use in commercial zones regarding hours of operation for commercial businesses
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PLANNING COMMISSION MEETING MINUTES September 9, 2009
that abut a residential zone; and that as proposed, any such business operating outside
of the hours 7:00 am to 10:00 pm Monday through Saturday, or 9:00 am to 10:00 pm on
Sunday, would be subject to an Administrative Use Permit. Staff explained that these
hours correspond to the City's existing construction noise regulation hours of operation.
Mr. Andersen answered the question asked by the Commission regarding the change
from Conditional Use Permit to Administrative Use Permit for neighborhood
homeowners' association recreational buildings and facilities.
Assistant City Attorney Steve King answered Commission's question regarding
broadening the Planning Director's responsibilities to include making decisions on
Administrative Use Permits. Council gives clear criteria to be applied by both the
Hearing Examiner and the Planning Director. Changing who makes the decision will
have low risk impact on the City; what changes is the appeal process.
There being no one present to speak regarding amendments to Title 18-Zoning, Chair
Roland closed the hearing at 9:42 p.m.
Commissioner Peace moved and Commissioner Baggett seconded to accept the
amendments to Chapter 18-Zoning Administrative Use Permits and Conditional Use
Permits with the inclusion of Exhibits 7 and 9.
MOTION CARRIED UNANIMOUSLY 6-0
VI. ADJOURNMENT
There being no further business to come before the Planning Commission, Chair Roland
adjourned the meeting at 9:46 p.m.
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