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HomeMy WebLinkAbout10-05-2010 . Pfanning Commission Meeting Minutes October 5, 2010 ~ PLANNING CITY OF COMMISSIOIV * WASHINGTON October 5, 2010 MINUTES 1. CALL TO ORDER Chair Judi Rotand called the meeting to order at 7:04 p.m. in the Council Chambers located on the first floor of Auburn City Hall, 25 West Main Street, Aubum, WA. Commission Members present were: Chair Judi Roland, Vice Chair Kevin Chapman, Bob Baggett, Ron Copple, and Wayne Osbome, Joan Mason, and Dave Peace. Commissioner Member Excused: Commissioner Hamilton and Commissioner Copple are excused. Staff present included: Principal Planner Jeff Dixon, Sr. Accountant Michelle Surdez, Planner Stuart Wagner, Traffic Engineer Pablo Para, Utilities Engineer Dan Repp, and Administrative Support Clerk Tina Kriss. II. APPROVAL OF IVIINUTES A. September 8, 2010 Commissioner Osbom moved and Commissioner Peace seconded to approve the minutes from the September 8, 2010 meeting as submitted. MOTION CARRIED 5-0 III. PUBLIC CONlMENT . There were no members of the public present for comments. BV. PLANNIYVG DEPARTMENT REPORY Mr. Dixon stated since exfensive update in Sepfember he has nothing to add at this time. V. PUBLIC HEARINGS A. 2010 Comprehensive Plan Amendments We refer to this as Comprehensive Plan Amendments group two because at the September 8, meeting the Planning Commission considered some City initiated Comprehensive Plan amendments consisting of one map amendment, Comprehensive Plan Map Amendment 1 and five policy and text amendments, one related to each of the four districts and their capital facilities plan and orie consisting of housekeeping changes to chapter nine to chapter nine of the City's Comprehensive Plan, The Environment and to appendix B, to incorporate the City's Greenhouse Gas Inventory. Tonight we are bringing forward Comprehensive Plan amendments, all policy text amendments, no other map amendments. ' Case Number CPA10-0002: City of Auburn 2010 Comprehensive Plan City Initiated PolicylText The City of Aubum adopted amendments to its Comprehensive Plan in 1995 in response to the Washington State Growth Management Act (GMA) requiremenfs, as amended. Since then the Aubum Comprehensive Plan has been amended annually. Comprehensive plan amendments can be initiafed by the City of Aubum (city-initiated) and by private citizens (privafely-initiated). This yearthe city is initiating one set of map amendments and a few policy and text amendments. In addition, this year the city received no privately-initiated plan map amendments and one privately-initiated policy/text amendment. The City initiated map amendments and five city initiated policy and text amendments were considered by the Planning Commission at their September hearing meeting. The privately initiated policy/text amendments will be reviewed under separate agenda bills and will be heard by the Planning Commission at their October meeting. This staff report and recommendation addresses Comprehensive Plan Policy/Text (P/T) Amendments P!T # 6 and # 7. Comprehensive plan amendments are initially reviewed during a public hearing process before the City of Auburn Plann"ing Commission, who then provides a recommendation to the City Council for final action. City Council consideration and action on the amendments will occur prior to the end of this year. ` CPM #6 Incorporate the City of Aubum's 6-year CapitaF Facilities Plan 2011-2016; into the City Comprehensive Plan. , Discussion A Capital Facilities Plan is one of the comprehensive plan elements required by the Washington State Growth Management Act (GMA) (RCW 36.70A). The.GMA requires that a capital facilities plan include an inventory of existing capital facilities (showing locations and capacities), a forecast of future needs for such capital facilities, proposed locations and capacities of new or expanded capital facilities, and a minimum of a six- year plan to finance capital facilifies with identified sources of funding. The proposed City of Aubum 6-year Capital Facilities Plan 2011-2016 satisfies the GMA requirements for a capital facilities element as part of the Comprehensive Plan. P/T #7 Add new policy EN-41,A to Objective 18.6 (Within Chapter 9, The Environment) to provide policy support for fufure change in development regulations in response to House Bill 1481 adopted in April 2009, to encourage the transition to electric vehicle use. Discussion The Washington State Legislature approved House Bill (HB) 1481 in April 2009 with an effective date of July 26, 2009. This HB 1481 encourages the transition to electrical vehicle use through the establishment of requirements for electric vehicle infrastructure. Electrical vehicle infrastructure is defined as the structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations. HB 1481 specifies that counties, cities and towns throughout Washington State are required to amend their development 2 ' regulations to allow electric vehicle infrastructure as a permitted use in all zones except those zoned for residential, resource or critical areas. In these areas, the statute does not prohibit local govemments from allowing electrical vehicle infrastructure; however, consideration of special conditions or limitations is encouraged. The statute also established a timeframe for local govemments to comply with the statute. Foc the City of Aubum, this means that it must update its development regulations to allow battery charging stations by July 1, 2011. A new policy EN-41.A to Objective 18.6 within Chapter 9, The Environment, is proposed to provide the policy basis for future development regulations to encourage the #ransition to electric vehicle use. The purpose of this policy statement is in response to House Bilf 1481 which was adopted in April, 2009. The purpose of the house bill was to encourage the transition to electrical vehicle use. The bill speeifies counties, cities and towns throughout Washington are required to amend their developmental regulations to allow electric vehicle infrastrucfure as a permitted use in all zones except for those that are zoned for residential resource or critical areas. In these particular areas the statute does not permit local governments from allowing the infrastructure. The statute also establishes a time frame for local govemments to comply and to adopt these development regulations and for the City of Aubum the time frame is before July 1, 2011. Electrical vehicle infrastructure as defined in House Bill 1481 consists of structures, machinery and equipment necessary and iatrical to support an electrical vehicle including battery charging sfations, rapid charging stations and battery exchange centers. Staff recommends.adding EN-41.A to set a policy basis for future development regulation changes that would allow the electrical vehicle infrastructure in zoning districts. Development regulations changes (which are not currently drafted) will be brought before the Commission at a future period. Staff recommends the Planning Commission recommend approval to the City Council of Comprehensive Plan PolicylText (P!T) Amendments P!T # 6 and # 7. Chair Roland opened the public hearing at 7:17 p.m, to receive comments about Comprehensive Plan PolicyrTexf (P/T) Amendments P!T # 6 and # 7. There being no one present to speak regarding Comprehensive Ptan Policy/Text (P/o Amendments P/T # 6 and # 7 Chair Roland closed the hearing at 7:18. Commissioner Peace refeRed to policy #6 page 5 of the 6-Year Capifal Facilities Plan (2011-2016) draft and asked if the route driven level of service for roads used to be °Bs, Cs, & D's & some as F as listed on page 21 ° whereas this is identified as the level of service for roads overall as uD°, is that a change or a consolidation for this executive summary. Principal Planoer Dixon answered Commission. Traffic Engineer Pablo Para answered Commission stating the general level of service standard is "D° and in some cases we have lowered that standard in order to accommodate certain conditions. Commissioner Peace also asked if the level of service listed on page 5 is driven by population change and no plans for additional lineal parks. Senior Accountant Michelle Surdez answered Commissioner Peace stating it is based on population increase. Commissioner Chapman asked sfaff if the Cify will receive funds for cities who participate in providing necessary electrical vehicle infrastructure or where the money 3 ' would come from. Mr. Dixon stated he is not aware of any funding but there are efforts underway to do things to promote the transition to electrical vehicle usage. Mr. Dixon continued stating he believes the intenf is for the market system to provide some way to provide such facilities by private enterprises. CPM #6 Commissioner Peace moved and_'Commissioner Osbome seconded to recommend inGusion of Policy/Text Arriendments P(T #6 into the City's`Comprehensive Plan amendments. MOTION CARRIED 5-0 PIT #7 Commissioner Chapman moved and Commissioner Baggett seconded to recommend inclusion of Policy/Text Amendments P/T #7 into the City's Comprehensive Plan amendments. MOTION CARRIED 5-0 Case Number CPA10-0001: Privatelv-initiated PolicvlText Amendments bv Mosbv Brother Farms Inc. Principal Planner stated the City of Auburn adopted amendments to its Comprehensive Plan in 1995 in response to the Washington State Grovvth Management Act (GMA) requirements, as amended. The Aubum Comprehensive Plan has been amended annually each year since then. Comprehensive plan amendments can be initiated by the City of Aubum (city-initiated) and by private citizens (privately-initiated). The City received one privately initiated policy/texf amendments by the submittal deadline of June 10, 2010 which is the Mosby Brothers Farms Inc. Comprehensive Plan Amendment. The City did not receive any applications for privately-initiated map amendments. This staff report and recommendation addresses P/T #8, the Mosby Brothers Farms Inc. Comprehensive Plan Amendment request. Comprehensive plan amendments are initially reviewed during a public hearing process before the City of Aubum Planning Commission, who then provides a recommendation to the City Council for final action. City Council consideration and action on the amendments will occur prior to the end of this year. The applicant°s agent submitted a comprehensiv,e plan map amendment application on June 6, 2010 by the submittal deadline of June 10, 2010. The comprehensive plan policy/text amendment request seeks to add a policy to Chapter 2, General Planning Approach, and to modify three existing policies within Chapter 3, Land Use, of the City's Comprehensive Plan. In addition to the Comprehensive Plan Amendment; the applicant submitted an environmental checklist application and an application for a zoning code text amendment. The proposal described in the applications consists of the three phases with phase 1 being brought before you for consideration tonight. 4 ' 1. Phase I consists of two distinct actions; policy/text amendments to the comprehensive plan and text changes to the use and development regulations of the RC, Residential Conservancy zoning district. The purpose of the comprehensive Plan policy/text amendment is to provide a policy basis for the future zoning regulation changes to ensure that the Comprehensive plan and Zoning Ordinance are consistent as required by city code: "ACC 14.22.050 Conformance and consistency. The zoning, land division and other development codes contained or referenced within Aubum City Code shall be consistent with and implemenf the intent of the comprehensive plan. Capifal budget decisions shall be made in conformity with the comprehensive plan. " 2. The proposal under consideration by the Planning Commission is the Comprehensive Plan po(icy/text amendments. A future public hearing on the zoning code text amendments will be held by the Planning Commission as provided in accordance with the procedures of ACC 18.68.030. 3. Phase 1 of the proposal, since it affects the Comprehensive Plan policies is of general applicability throughout the City. The subsequent Phases 2 and 3, will be addressed by future applications submitted to the city and wilF apply to vacant site the applicant leases located west of the interchange of Aubum-Black Diamond Road SE and State Route 18, on the south side of the Aubum-Black Diamond Road SE. The property is identified as tax parcel number 2121059160. Currently, the approximately 20.7-acre property occurs on both sides of State Route (SR) 18 and there is a pending short plat application to divide ;the property into parcels on each side of the highway. The site is currently being farmed. This parcel has a comprehensive Plan designation of "Residential Conservancy" and a zoning category of RC, Residential Conservancy. 4. Chapter 14, Comprehensive Ptan Map, starting at page 14-1 provides the following purpose and description of fhe 'Residential Conservancy' Comprehensive Plan designation: "Purpose: To protect and preserve natural areas with significant environmental constraints or values ftom urban levels of development and to protect the City's water sources. Description: This category should consist primarily of low density residential uses (with densifies not exceeding one unit per four acres) in areas with environmental constraints and/or areas requiring special protection such as the City's watershed, which is a significant water resource. Examples include the Coal Creek Springs watershed area and low-lying areas along the Green River that are isolated .from urban services. From a practical standpoint, this watershed area cannot be readily.served by public facilities due to its physical separation from public facilities by an existing gravel mine operation that is expected to continue operation years into the future. The designation will serve to both protect environmental features and hold areas for higher density development until such time public facilities become available. The area designated "residential conservancy" allows for a lifestyle similar to that of rural areas since the lower density established protects the critical areas such as the City's Coal Creek Springs watershed. A rural lifestyle generally includes 5 ' allowance of farm animals, streets not urban in character (e.g. no sidewalks, street lights), and limited agricultural type uses. Compatible Uses: Low density residential uses consistent with protecting the City's water resources and environmentaf constraints are appropriate. Low intensity cottage industry appropriate for rural areas may be allowed, subject to review. Various public and quasi-public uses which are consistent with a rural charactec may be permitted as conditional uses. Resource extractive uses can only be allowed if the basic environmental character of the area is preserved. Those areas with critical areas shall be appropriate for low density residential, with the intent to protect environmentally critical areas from impacts associated with more intensive development. These environmerrtally critical areas area valued as a community resource, both for conservation purposes and public enjoyment; provided that the environmentally critical areas area protected, low density single family residential use may be appropriate. Criteria for Designation: This designation should be applied to areas with either signficant environmental values'worthy of protection or to those areas which may pose environmental hazards if developed, sucli"as areas tributary to public water sources. It may also be appropriate, to a limited extent, as a means of delimiting #he edge of the City or to,areas that are impractical to develop to urban levels until a later time period due to pre-existing development pattems and the absence of public facilities. Considerations Against Applying this Designation: Due to the costs of providing City services to these areas, this designation should be applied sparingly. It should be applied as a means of conserving signifcant environmental resources, to achieve watershed protection and/or to areas where development serVed by public facilities has been made impractical due to pre- existing use patterns.° 5. The City code provides certain criteria for decisions for comprehensive plan amendments. "ACC 14.22.110 Decision criteria for plan amendments. A. The comprehensive plan was developed and adopted after significant study and public participation. The principles, goals, objectives and policies contained therein shall be granted substantiaf weight when considering a proposed amendment. Therefore, the burden of proof for jusfifying a proposed amendment rests with the applicant, who must demonstrate that the request complies with and/or relates to the following decision criteria: 1. The proposed change will further and be consistent with the goals and objectives of the plan and the plan will remain intemally consistent; 2. Whether the capacity to provide adequate services is diminished or increased; 3. Assurnptions upon which the comprehensive plan is based are found to be invalid; 6 s . . Planning Commission Meeting Minutes October 5, 2010 4, A determination of change or lack of change in conditions or circumsfances has occurred since the adoption of the latest amendment to the specific section of the comprehensive plan that dictates the need for a proposed amendment; 5. If applicable, a determination that a question of consistency exists between the _comprehensive plan and Chapter 36.70A RCW, the countywide planning policies for either. King and/or Pierce County,. as appropriate, and V sion 2040: Growth and Transportation Strategy for the Puget Sound Region." 6. The four policy changes proposed by the applicant and as modified by staff will further the purpose ofthe Comprehensive Plan and objectives of the Comprehensive Plan. Chapter 2; General Approach to Planning; states that the city seeks to be proactive and predictive in its approach to land use regulation. The : request is consistent with this predictive approach since it recognizes .and responds to the growing national and local inferest of consumers to buy local produce and to know where the their food came from and how it was grown. Evidence of this emerging trend is evidenced by increasing number and, number 'of local marketing their produce at farmers markefs and' fhe increase irfi the number of farmers markets. According to the King County 2009 Farms Report, King County is home to seven of the top ten farmers markets in Washington State. With the proposed four policy changes proposed by the applicant and as modified by staff the comprehensive Plan will remain intemally consistent. 7. The second decision criterion is that the comprehensive plan amendment must not diminish or increase the ability to provide adequate services. The proposal to change the Comprehensive Plan policies to provide policy support to allow agricultural uses as a principal use; and not as a second use to single family residences in the RC, Residential Conservancy zone is not anticipated to adverse affect the provision of services. It is anticipated in both the future zoning code changes and in the review of the site-specific devefopment proposals will adequately address the provision of services. The proposal is also requested in order to provide a venue for the sale of agricultural products in closer proximity to a concentration of residents. 8. The third decision criterion is that the assumptions on which the comprehensive plan is based are found to be invalid. While not completely invalid, the assumptions do not reflect changed circumstances that have occurred since the plan was comprehensively updated in 1995 to comply with the Growth Managemenf Act. Public interest and perception in support of local agriculture have evolved since the time ofi the last overall comprehensive plan updafe and there is a need to recognize the appropriateness of agricultural uses and associated limited commercial activities as independent uses within limited areas of the City (areas with the comprehensive plan and zoning designation of Residential Conservancy). The fourth decision criterion is that. there has been a change or lack of change in conditions or circumstances has occurred since the adoption of the latest amendment to the comprehensive plan that dictates the need for a proposed amendment. Again, the comprehensive plan has been not yet been changed to acknowledge the increasing 7 ' demand by consumers to buy local produce and to know where their food came from and how it was grown. The change in .circumstances is this emerging trend that warrants revision of the comp"rehensive plan policies.- 9. The ffth decision criterion is that the change must be determined to be consistent with the Growth Management Act (RCW 36.70A), the Countywide Planning Policies ofi the relevant county and "Vision 2040: Growth and Transportation. Strategy for the Puget Sound Region". The four policy changes proposed by the applicant and as modified by staff will continue to be consistent with the Growth Management Act (RCW 36.70A), the Countywide Planning Policies of King County and "Vision 2040: Growth and Transportation Strategy for the Puget Sound Region". The proposal is consistent because it does not change the general nature of allowed land uses. The new commercial uses are proposed to be managed through application of land use controls such as administrative and/or conditional use permits. 10. Staff has modified the text amendments to keep the same intent and spirit as proposed by the applicant but to ensure appropriate policy statement format. The changes have generally been made to ensure consistent terminology, ease of understanding and clarity. Commissioner Chapman referred to chapter 3, land use page 3 of 13 and asked whaf the amount of commercial space that can be on site verses the amount of property that can be considered "limited commercial uses" is. Commissioner Chapman is concemed that if every property owner came along that did not have a single family residence on it and put limited commercial uses it might take away from the °residential conservancy". Commission then asked for the definition for "limited commercial uses". Mr. Dixon explained this is a policy document only, with broad overarching goals with the intent that those be implemented by the subsequent zoning regulations. The specification about the size limits, or the specific definitions would come with the zoning code changes. This provides for the general direction or policy guidance within this document. Staff Recommendation Planning Commission recommends to Cify Council approval of the Mosby Brothers Farms Inc. Comprehensive Plan Policy/Text Amendment, as modffied by staff. Chair Roland opened the public hearing at 7:38 p.m. to receive comments about Case Number CPA10-0001, P!T #8, and Chapter 2& 3 Privately-initiated Policy/Text Amendments by Mosby Brother Farms Inc. Gwynllyn Vukich, local resident at 12747 SE Green Valley Road, Auburn, WA Ms. Vokich stated Aubum Green. Valley Road has been an agricultural district and Mosby Brothers Farms Inc would be part of this district which was initiated in King County after the farmlands were bought and the development rights were bought back in the 70s. Speaking on behalf of the local farmers in the area they will be happy to have Mosby Farms come into the valley. Ms. Vukich stated Mosby Farms provided improvements to the farm which enriched the valley °beyond believe". Had Mosby Farms not provided these improvements the farm and buildings would have continued to dilapidate. The Mosby's have opened up a farm stand after cleaning up part of the site. . I 8 Neighbors hope the proposal with the City moves forward so Mosby's can educate the youth of the Aubum Community. Ms. Vukich stated she works at an area elementary school and isexcited with the prospects of local students gaining an understanding and appreciation about local farming and food production as Mosby Brothers Farms initiates a child development food education program. Bur Mosby, Mosby Brothers Farms owner,12747 SE Green Valley Road, Auburn WA My family has been farming forthe past.20 years. We have had the same pumpkin patch for 19 years. "One goal Mosby Brothers Farms has is to educatibn children of the community through a food education program focusing on 0 through 6th graders°; Washington state history can be integrated with this program. Mosby Brother Fanns wants to bring more secvice and education into the community and open a farm 5tand for the hometown people. Our hope is to educate the youth of tomorrow where the food on their plate came from today. Libby and Del Monte were once located in the valley and we want to push the local community to buy local, support local. Mosby Brothers Farms grows and produces and sells approximafely 250 acres of food fo Food Services of America. It is ou'r goal to be, as well represented as the other food growers in the area. Mosby Brothers Farm produces 4 million pounds of food per year. Lee A. Michaelis, AICP of R.W. Thorpe and Associates Inc, 7438 SE 27t' Street, Mercer Island, WA As the agent for Mosby Brothers Farms we are currently working with staff to limit the use of this amendment. There being no additional parties to speak on Case Number CPA10-0001, P/T #8, Chapter 2 & 3 Privately-initiated Policy/Text Amendments by Mosby Brother Farms Inc., Chair Roland closed the public hearing at 7:46 p.m. Commissioner Chapman stafed he is appreciative that Mosby Brothers Farms brought these amendments forward; it is a g[reat opportunity to bring people into the City and enhance the farming agricultural area of the fertile green river valley. Commissioners requested Mr. Dixon clarify the term "limited use° at a later time. Mr. Dixon informed Commissioners the term is used as a broad term within the amendments but will be detailed within the zoning regulations. PIT #8 Chapter 2 - General Approach Commissioner Peace moved and Commissioner Chapman seconded to recommend inclusion of Policy/Text Amendments P!T #8 Chapter 2 and Chapter 3 into the City's Comprehensive Plan amendments. MOTION CARRIED 5-0 9 VI. OTHER BUSINESS Chair Roland stated the next meeting will be held Tuesday, November 3, 2010 due to the November 2, elections: VII. ADJOURNMENT There being no further business to come before the Planning Commission, Chair Roland adjoumed the meeting at 8:22 p.m. 10