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HomeMy WebLinkAbout01-04-2017 Planning Commission Agenda (2)Planning Commission Meeting January 4, 2017 - 7:00 PM Council Chambers - 25 West Main Street, Auburn, Washington AGENDA I. CALL TO ORDER A. ROLL CALL/ESTABLISHMENT OF QUORUM II. APPROVAL OF MINUTES A. December 6, 2016 Minutes* (Tate) III. PUBLIC COMMENT Comment from the audience on any item not listed on the agenda for discussion or public hearing. IV. OTHER BUSINESS A. Discussion of Comprehensive Plan Sections related to Future Zoning Code Changes* (Dixon) Discussion of Comprehensive Plan Sections related to future zoning code changes. B. Discussion of C1, light Commercial Code Changes* (Gouk) Review and discuss the previous action of the Planning Commission on November 9th and further proposed changes to the C1, Light Commercial zoning district V. COMMUNITY DEVELOPMENT REPORT Update on Community Development Services activities. VI. ADJOURNMENT The City of Auburn Planning Commission is an eight member advisory body that provides recommendations to the Auburn City Council on the preparation of and amendments to land use plans and related codes such as zoning. Planning Commissioners are appointed by the Mayor and confirmed by the City Council. Actions taken by the Planning Commission are not final decisions; they are in the form of recommendations to the city council who must ultimately make the final decision. *Denotes attachments included in the agenda packet. Page 1 of 1 PLANNING COMMISSION December 6, 2016 MINUTES I. CALL TO ORDER Chair Judi Roland called the meeting to order at 7:00 p.m. in Annex Conference Room 2, located on the second floor at 1 East Main Street, Auburn, WA. a.) ROLL CALL/ESTABLISHMENT OF QUORUM Commissioners present: Chair Judi Roland, Vice-Chair Copple, Commissioner Mason, Commissioner Shin, Commissioner Moutzouris, and Commissioner Smith. Commissioner Lee and Stephens were excused. Staff present: Assistant City Attorney Doug Ruth; Assistant Director of Community Development Jeff Tate; Planner II, Alex Teague; and Administrative Assistant Tina Kriss. Members of the public present: No audience members were present. b.) PLEDGE OF ALLEGIANCE II. APPROVAL OF MINUTES A. November 9, 2016 – Special Work Session Minutes B. November 9, 2016 – Regular Meeting Minutes Chair Roland indicated that the both sets of minutes can be approved under the same motion. The Commission pointed out a scrivener's error. Under I.A. Roll Call/Establishment of Quorum should indicate Commissioner Lee was excused. Staff concurred and will make the correction to the minutes. Vice-Chair Copple moved and Commissioner Shin seconded to approve the minutes from the November 9, 2016 Regular and Special Work Session meeting as Corrected. MOTION CARRIED UNANIMOUSLY. 5-0 Commissioner Mason did not vote as she was not present at the November 9, 2016 meeting. III. PUBLIC COMMENT There was no public present for comments. IV. OTHER BUSINESS  Open Space Zoning District: Background, Options and Recommendations Alex Teague, Planner II, provided the staff report for the Open Space Zoning District. She pointed out that Berk Consulting Inc. is assisting the City with the code amendment efforts regarding future land use designations. PLANNING COMMISSION MEETING MINUTES December 6, 2016 Page 2 In answer to the question if the city should create a single opens space or multiple zones the Commission would like a single zone and expressed it can difficult understanding the difference between land use designations and a zone and would like staff to provide more clarity. Staff was asked to provide a definition of the institutional zone and responded and that the term generally refers to government uses. In discussing the term institutional, the Commission felt cemeteries should not be considered within open space but be included within the government or institutional zone. The Commission held a general consensus that they did not feel the term “institutional” fit the zone and asked that the term be updated. The Commission questioned if golf courses should not be included as open space because the golf course is not open to the general public without paying a fee to utilize the course. The Commission felt private property listed within the PROS Plan should be removed and should not be included in the City’s open space inventory as these are not properties open for public use. The Commission also expressed that parks that are part of a Homeowners Association should not be included in the PROS Plan as it is not maintained by the City and open for public use. Staff explained that the categories listed within the PROS plan will be discussed with the parks department and staff will return to the Commission to further discuss the designations, uses, and intensity of uses. Staff explained how the intensity of uses assists the city in determining development needs through development standards to serve the intended uses of the property. Staff will return to the Commission to further discuss open space and land use designations at the next meeting with more ideas and options.  All Temporary Uses and Mobile Vending Uses (e.g. Food Trucks) 1. Update and establish new regulations for mobile vending uses (e.g. food trucks) including an option to establish a street use permit to allow food trucks in the public right-of-way. Assistant Director Tate explained that the current code does not provide terminology that is more encompassing and there are a variety of manners in which mobile vending uses operate and there are multiple options for how they are permitted or licensed. Currently the City does not have regulations in place that allow for the placement or endorsement of mobile vending uses (food trucks). The City currently utilizes the temporary use provisions of Chapter 18.46A of the City code when considering an inquiry. In working with customers, both the customer and staff have found the existing temporary use standards and procedures to be more labor intensive, time consuming, and misdirected when applied to requests to establish mobile vendors. Staff is proposing that provisions be incorporated into City code that are easier to understand, establish a more efficient and responsive decision making process, and that rely on the City’s business licensing program instead of the land use permitting. This would require the mobile vendor to obtain a PLANNING COMMISSION MEETING MINUTES December 6, 2016 Page 3 City of Auburn business license and allow them to be mobile. Most inquiries on mobile vending uses pertain to food trucks. Staff explained temporary use provisions are directed at events and structures that assume one fixed location. The Commission and staff discussed city events vs private events where food truck vendors operate and a consideration of allowing a hybrid approach for food trucks at temporary events and events at one fixed location. The Commission asked staff to see if vendors at specific events like the Auburn Good Ol' Days, Auburn International Farmers Market, and Petpalooza are required to have a business licenses or if these events are handled differently. Staff will look into the business license requirements for specific events and report back to the Commission. In differentiating the uses and regulations for mobile venders (food trucks) and mobile vendors at short term events, the Commission provided the following recommendations:  The Commission concurred that a business license be required for mobile venders operating food trucks.  That a temporary business license be an option for short events; in the case of events like Auburn Good Ol' Days, Auburn International Farmers Market, Petpalooza or other city events either a temporary business licenses be required or confirmation of a specific protocol or approval process be provided to suffice a business license. 2. Create a prohibition on certain temporary gravel parking lots that are not associate with an active and permitted development. Assistant Director Tate explained that over the last six years the City has issued temporary use permits for the purpose of establishing gravel parking lots in commercial zones. In some cases a temporary parking lot is appropriate, when a construction site is being staged for a short time during construction. In most cases permits are issued based on the intent to temporarily serve uses such as a church, paid permit parking for commuters, and commercial uses until a more permanent parking facility is established. In these situations the landowner’s intent is to serve an immediate parking need by establishing a gravel lot with the intent to convert the lot to pavement at a later date, unfortunately owners opt not to prepare the plans and proceed with the construction work to convert the gravel to pavement. Several issues exist in the case of gravel parking lots. First, City code requires that most non-residential uses provide paved parking. Second, vehicles that utilize gravel surfaces track gravel out on to the public road which, over time, causes damage to the road. Third, proper storm water facilities are not installed with temporary uses which means that stormwater is not collected, managed, or treated before leaving the site which results in an outcome that is inconsistent with Washington State department of Ecology requirements for local municipalities, opening up the city to fines. PLANNING COMMISSION MEETING MINUTES December 6, 2016 Page 4 The Commission and staff discussed enforcement issues, the duration of the permit, and any extensions associated with the permits. Staff also discussed the vesting of specific parking lots and how they might be grandfathered under the permit. With no other questions from the Commission, staff stated they will return with draft regulatory updates. 3. Develop an annual events permit for facilities that host a series of events over a one-year period. Staff provided background information for temporary use permits issued on annual events for specific facilities. Currently if a short term event is held at Emerald Downs, The Outlet Collection, and other property sites the owner of the property obtains a permit for each event. This is costly and time intensive for both staff and the owner. Staff is asking for the Commission to consider the development of an annual events permit for facilities that host a series of events over a one-year period. Staff is requesting a property owner to apply for and receive a single temporary use permit that encompasses multiple events. The Commission recommended allowing a temporary use permit that would allow a specific duration of 3,6,9, or 12 months or allows a specific number of events fixed on a specific property site or location. 4. Update temporary use Regulations for Clarity. The Commission and staff discussed updates to the temporary use regulations to improve clarity and to incorporate standards for the use and placement of storage containers on private property. Staff explained that if they are allowed the reasonable approach for an inhabitable structure would be that they fit into the community to make it look more residential. The Commission was supportive of this update. V. COMMUNITY DEVELOPMENT REPORT Assistant Director Tate reported Sound Transit has begun the process for site selection and development of a 2nd parking garage in Auburn. Staff distributed the Kent and Auburn Sound Transit Station Access Improvements Project Timeline. The timeline projects an opening to the public in 2023. On December 5, 2016 Auburn City Council approved Ordinance No. 6632 regarding the 2016 Annual Comprehensive Plan map and text amendments along with Ordinance No. 6627 relating to school impact fees. Council extended their appreciation for the work the Commission. Staff also provided a monthly development activity snapshot for November. This included the status of non-residential/multifamily and residential subdivisions as well as pre-application activity for November. PLANNING COMMISSION MEETING MINUTES December 6, 2016 Page 5 Assistant Director Tate also reported that the 2017-2018 budget was adopted by City Council, a $175,000.00 line item for the Auburn Way South Corridor Plan was approved. Staff pointed out that this is a significant investment into corridor planning, design, and improvements on Auburn Way South from Main Street (near Hwy 18) and up the hill on Auburn Way South. The exact boundaries of the corridor plan on Auburn Way South have not be confirmed, the City will reach out for community participation before determining the boundary. The next Planning commission meeting will be held January 4, 2016. VI. ADJOURNMENT There being no further business to come before the Planning Commission, Chair Roland adjourned the meeting at 8:59 p.m. MEMORANDUM  TO: Judi Roland, Chair, Planning Commission Ron Copple, Vice-Chair, Planning Commission Planning Commission Members FROM: Jeff Tate, Asst. Comm. Development Director, Comm. Development & Public Works Dept. Jeff Dixon, Planning Services Manager, Comm. Development & Public Works Dept. DATE: December 28, 2016 RE: Discussion of Process for Proposed Code Amendments and discussion of selected relevant Comprehensive Plan document sections Background: As the Planning Commission is well aware, the City adopted a substantially revised Comprehensive Plan document at the end of 2015. This Comprehensive Plan sets forth areas of new focus and guidance that now needs to be implemented by subsequent changes in development regulations. These may affect several different chapters of the City code, but mainly affects the Zoning Code; Chapter 18. The Planning Services staff proposes to develop drafts of and bring forward for Planning Commission consideration and deliberation, several proposed code changes to implement the Comprehensive Plan over at least the next year. The Planning Services Staff may also bring forward other draft code changes for other purposes, such as to resolve moratoria. To keep the process manageable for staff and the Planning Commission and to provide sufficient time for Planning Commission evaluation, staff will prioritize the subjects of the code changes and then systematically present these to the Planning Commission using the sequence of actions described in the following Table. This sequence is not meant to prescribe that each action or step will occur as a separate meeting. For example, conducting the public hearing and formulating a recommendation will likely occur at the same meeting. However, the Table is meant to indicate the order of events and may be flexible and adjusted to meet Planning Commission needs. Also, at the January meeting Staff also wants to present and discuss the following sections of the Comprehensive Plan:  Open Space  Mixed Use  Residential Transition Zoning District & Overlay    PLANNING COMMISSION CODE AMENDMENT SEQUENCING  STEP  DESCRIPTION  TIMING  Comprehensive  Plan Orientation   Staff will identify a topic that is to be introduced  and the code development process initiated.   Staff will begin this process by transmitting all of  the pertinent excerpts of the 2015  Comprehensive Plan.     During the Planning Commission meeting staff  will provide an orientation of the existing policy  language that is already adopted in the  Comprehensive Plan.  This may include an  orientation to existing land use designations,  already mapped boundaries, and definitions and  policies.  Staff anticipates that this will  occur during a single Planning  Commission meeting.  The next  step will not occur until the next  meeting.  Discussion  Introduction   Staff will prepare a discussion paper that  identifies an overview of the subject, why it is  being presented, and the work that needs to be  initiated.  The discussion paper will also include  a list of options, examples from other  jurisdictions, and questions that should be  considered.   At the Planning Commission meeting staff will  go over the discussion paper and seek input.   The input received will help guide the next step  of drafting code amendments.  Staff anticipates that this will  occur during one to two Planning  Commission meetings depending  upon the complexity of the  subject.  The next step will not  occur until this step has  completed.  Draft City Code  Amendments   Staff will prepare draft code amendments.   Staff anticipates that this will  occur during one to two Planning  Commission meetings depending  upon the complexity of the  subject.  The next step will not  occur until this step has  completed.  Public Hearing  Code amendments will be subject to a public  hearing.  Staff anticipates that this will  occur during a single Planning  Commission meeting.  It is  possible that this step could be  combined with the next step  depending upon the level of  comfort expressed by the  Planning Commission.  Deliberation and  Recommendation   The Planning Commission will deliberate on the  matter and formulate a recommendation to  transmit to the City Council.  Staff anticipates that this will  occur during a single Planning  Commission meeting.      MEMORANDUM TO: Judi Roland, Chair, Planning Commission Ron Copple, Vice-Chair, Planning Commission Planning Commission Members FROM: Jeff Dixon, Planning Services Manager, Comm. Development & Public Works Dept. Thaniel Gouk, Senior Planner, Comm. Development & Public Works Dept. DATE: December 27, 2016 RE: Further Proposed Code Amendments – Amending the Allowed Residential Uses and Development Standards of the C-1, Light Commercial Zoning District after the Planning Commission’s Recommendation Background: The purpose of this memo is to provide background to serve as a basis for and to facilitate an introductory discussion on some further proposed amendments to the C-1, Light Commercial zoning district. This discussion is related to residential uses and to the zoning standards that apply to mixed-use projects (that include multiple family residential uses). Brief History: As previously discussed with the Planning Commission, the City Council on December 7, 2015 enacted a 1-year Moratorium prohibiting residential uses previously allowed within the C-1, Light Commercial zoning district (See Exhibit 1, Resolution No. 5187). The types of residential uses included in the Moratorium are caretaker apartments, live/work units, multi-family buildings (stand-alone or as part of a mixed-use project), nursing homes and assisted living facilities, and senior housing. Neither the Moratorium nor the proposed Code amendments would impact existing single-family homes, existing or previously permitted uses, or transient-style uses (i.e. hotels, motels). “New” single-family residential uses were not allowed in the C-1 zoning district even before the Moratorium. The Moratorium was put in place in response to a few larger multiple-family and senior housing residential projects that were in the permitting process and proposed on C-1 zoned properties in different portions of the City. Since these projects already had applications that were considered “complete” for processing, the projects were not affected by the Moratorium and were allowed to continue. The purpose of the Moratorium is to allow the Planning Commission and City Council to further examine whether these types of residential uses are consistent with the intent of the C-1, Light Commercial zone and to change the regulations to agree with this intent. Related to the intent, the C-1 zone exists to serve as a transition between higher- and lower- intensity land uses by allowing commercial uses that are generally lower intensity, more Page 2 of 15 shopper oriented and more compatible with adjacent residential uses. The stated intent of the classification, per ACC 18.23.020 is: “The C-1 zone is intended for lower intensity commercial adjacent to residential neighborhoods. This zone generally serves as a transition zone between higher and lower intensity land uses, providing retail and professional services. This zone represents the primary commercial designation for small- to moderate-scale commercial activities compatible by having similar performance standards and should be developed in a manner which is consistent with and attracts pedestrian-oriented activities. This zone encourages leisure shopping and provides amenities conducive to attracting shoppers and pedestrians.” Code amendments to relieve the time-limited Moratorium and to ensure that appropriate residential uses allowed in the C1 zoning district were discussed with the Planning Commission at their regular meeting on October 4, 2016. A public hearing on the proposed changes was subsequently held by the Planning Commission on November 9, 2016 and the Planning Commission forwarded a recommendation for changes to the City Council. This recommendation has not yet been presented to the City Council. Also, a public notice indicating that changes were being proposed related to allowing residential uses within the C-1 zone was mailed out in advance of the hearing to every property owner within the C-1 zone, as well as notification to local and State agencies, and published in the Seattle Times newspaper. While these code changes were under development by Staff, the City received an application for a zoning code text amendment and proceeded to conduct the required and associated environmental review. The Determination of Non-Significance (DNS) under the environmental review process for this was issued on November 17, 2016. The request on behalf of Promenade Apartments, LLC, sought to change the uses or types of businesses allowed as the commercial portion of a “mixed-use” in the C-1, Light Commercial zoning district. The request sought to amend Chapter 18.57, ((Zoning) Standards for specific land uses) and specifically, subsection 18.57.030 (Residential) to change the uses allowed in the C-1, Light Commercial zone for “mixed-use” projects that is currently limited to: “. . . one or more commercial retail, entertainment or office uses that are permitted outright or conditionally.“ Rather than the “retail, entertainment or office uses”, the Applicant seeks to have the commercial portion of the mixed use project comprised of a daycare use; the Applicant seeks to have their ten (10) percent of the first floor square footage as commercial space consisting of a daycare operated by the YMCA to meet the “mixed use” standards under current code provisions (ACC 18.57.030(1)(g)). However, this proposed amendment sought to change the same section of code that Staff and the Planning Commission was recommending for deletion. The approaches were in conflict. Page 3 of 15 At the December 5, 2016 regular City Council meeting, the Council conducted a public hearing and adopted Resolution No. 5258 (Exhibit 2) extending the moratorium (originally adopted under Resolution No. 5187) an additional six (6) months. The extension was adopted to allow Staff and the Planning Commission to determine how to proceed with addressing the moratorium as well as the private text amendment application. This moratorium is now scheduled to expire June 7, 2017 and the code amendments to address the residential uses allowed along with the text change application need to be completed by that date. Discussion of the Purpose of Future Code Drafts: Private application for code change: Staff has been working to evaluate and reconcile the changes requested by Promenade Apartments LLC (the private application) with the changes that have already been reviewed and recommended by the Planning Commission. This has increased the complexity of code changes. Again, the Planning Commission recommendation from November 9, 2016 public hearing has not yet been presented to the City Council with the accompanying ordinance. If appropriate, a revised recommendation can be presented to the City Council. Code clean-up work: During the review of this code by staff, some inconsistencies were discovered in the “mixed- use” zoning standards between those that apply in the C-3, Heavy Commercial zoning district with those in the C-1, Light Commercial zoning district. While some differences may be appropriate due to the different purposes and intensities of the zoning districts, there are opportunities to make the code clearer and more easily understood. In particular, the description of the differences between vertical and horizontal mixed-use could be improved. Staff will work to draft a refinement of the code. This may include affecting different code sections than were previously reviewed by the Planning Commission. Potentially address “Support Housing”: City staff has been approached by Auburn Youth Resources (AYR) about a proposal they are interested in pursuing of developing “supportive housing” at properties they currently own and that are partially located in the C-1, Light Commercial zoning district. The City code definitions already contain a definition of this use type, as follows: 18.04.891 Supportive housing. “Supportive housing” means a multiple-family dwelling owned or sponsored by a nonprofit corporation or government entity, designed for occupancy by individual adults that are either (A) homeless or at risk of homelessness; (B) are experiencing a disability that presents barriers to employment and housing stability; or (C) generally require structured supportive services to be successful living in the community; is permitted at a greater unit density than otherwise allowed within a particular zone; and is intended to provide long-term, rather than transitional, housing. Long-term housing is approximately longer than two years, whereas transitional housing is no more than two years. Supportive housing is not a communal residence.” This proposal is still in the discussion stages. This may be presented as an additional item that is proposed to get included in the code amendments to allow for supportive housing in the C-1 zone either as a conditionally or administratively permitted use or as an outright permitted use. Page 4 of 15 Proposed Schedule for Consideration: It is proposed by Staff that an introductory discussion of the elements for the future code change be presented and discussed at the Planning Commission January meeting. It is proposed that the Staff draft and provide the text of the code changes at a subsequent Planning Commission meeting. Page 5 of 15 EXHIBIT 1 C-1 MORATORIUM RESOLUTION Page 6 of 15 Page 7 of 15 Page 8 of 15 Page 9 of 15 Page 10 of 15 Page 11 of 15 Page 12 of 15 EXHIBIT 2 C-1 MORATORIUM RESOLUTION EXTENSION Page 13 of 15 Page 14 of 15 Page 15 of 15