HomeMy WebLinkAbout05-17-2016 Minutes � � PLANNING COMMISSION
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���-��� May 17, 2016
n WASHINCTON MINUTES
I. CALL TO ORDER
Chair Judi Roland called the me.eting to order at 7•00 p.m. in the Council Chambers
located on the first floor of Auburn City Hall, 25 West Main Street, Aubum,WA.
a.) ROLL CALUESTABLISHMENT OF QUORUM
Planning Commission Members present were: Chair Judi Roland, Vice-Chair Copple,
Commissioner Mason, Commissioner Lee, Commissioner Stephens, Commissioner
Shin, and Commissioner Moutzouris. Commissioner Smith is excused.
Staff present included: City Attorney Dan Heid, Planning Services Manager Jeff Dixon,
Valley Regional Fire Authority (VRFA) Deputy Fire Marshal Karen Stewart, Development
Services Manager Jason Krum, Senior Planner Thaniel Gouk, and Community
Development Administrative Assistant Tina Kriss.
Members of the public present: Shirley Chittenden, Gary Hopkins
b.) PLEDGE OF ALLEGENCE
II. APPROVAL OF MINUTES
A. May 3, 2016
Commissioner Copple moved and Commissioner Lee seconded to approve the minutes
from the May 3, 2016 meeting as written.
MOTION CARRIED. 4-0 (Commissioners Stephens, Commissioner Shin, and
Commissioner Moutzouris abstained from voting).
III. PUBLIC COMMENT
There were no public comments on any item not listed on the agenda for discussion or
public hearing.
IV PUBLIC HEARING
A. ACC Title 15 Revisions, Buiiding Code Update
Development Services Manager Jason Krum provided the staff report on ACC Title
15 Revisions, Building Code Update. Mr Krum reported that the Washington State
Building Code Council will be adopting updated building code and related standards
as well as updating associated amendments, effective July 1, 2016. This is a regular
update that occurs every three (3) years in response to code updates published by
the International Code Council. The City, in turn then may adopt or adopt with
modifications the revised code.
Staff reviewed additional changes as discussed and recommended by the Planning
Commission at the May 3, 2016 meeting. Since the last meeting, Staff added
language to indicate the International Green Construction Code adopted, is adopted
PLANNING COMMISSION MEETING MINUTES May 17, 2014
by reference, as an optional reference for developers who choose to utilize elements
of the code for guidance.
Staff also reviewed the language added to Section 105.6 of ACC 15.36A.025
Operational Permits, Requiring Operational Permits, A. Commercial Kitchens —"All
commercial kitchens with a Type I or Type II hood requires an operational permiY'
This language will assist in clarifying that an operational permit for food carts or
those who may be selling prepackaged food items is not required. The previous
language referced to "food trucks" and was not clear
Chair Roland opened the public hearing on the proposed amendments to ACC Title
15 Revisions, Building Code at 7 10 p.m.
Chair Roland invited anyone for or against the proposed code amendments
regarding the ACC Title 15 Revisions, Building Code Update to come forward for
testimony�
Karen Stewart, Valley Regional Fire Authority (VRFA) Deputy Fire Marshal.
Stewart explained that VRFA works closely with the City to regulate the Fire Code
under ACC 15. VRFA is in support of the updated code, ACC Chapter 15.36A.
With no other public present for public testimony, Chair Roland closed the public
hearing at 7 12 p.m. on ACC Title 15 Revisions, Building Code updates. The
Commission deliberated.
Commissioner Copple moved and Commissioner Mason seconded to recommend
moving ACC Title 15 Revisions, Building Code update forvvard to City Council for
approval.
MOTION APPROVED 4-0
(Commissioners Stephens, Commissioner Shin, and Commissioner Moutzouris
abstained from voting).
B. Proposed Amendments Related to the Keeping of Animals
Chair Roland opened the public hearing on the proposed amendments related to the
Keeping of Animals at 7 13 p.m.
Senior Planner Thaniel Gouk provide background information on the proposed
amendment related to the keeping of animals. Staff reviewed the updates based on
the Planning Commission's direction from the May 3, 2016 Planning Commission
regular meeting and other staff recommendations:
• A New definition and regulations for beekeeping was added.
• New definitions for chicken coops and runs were added along with updating
the regulations for keeping domestic fowl.
• Modifications were made to the definition of household pets, specifically to
"small domestic animals" Animals such as fish, birds, hamsters and gerbils
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PLANNING COMMISSION MEETING MINUTES May 17, 2014
(smaller animals kept indoors) were removed from the definition in order to
avoid limiting the number of animals allowed at a residence.
• A new definition for"Medium domestic animals" included pot belly pigs,
miniature goats, miniature horses and other similar sized animals. Verbiage
was added to further clarify that medium sized animals are those that are
larger than small animals but smaller than large animals.
• A new definition for"large domestic animals" incudes horses, cows, etc.
along with other simitar sized animals.
• Section 9 (Pages 3/4/5): this section combines the two existing Code sections
pertaining to the keeping of animals. Proposed changes from the previous
presentation include:
o Offspring of dogs, cats, etc. of less than 6 months of age are not
counted,
o Removing the licensing requirements for miniature goats and potbelly
pigs as City Code does not require them, nor King/Pierce County,
o Language added for large animal areas such as corrals, arenas, etc.
need to meet applicable setbacks.
• Section 11 (Page 6): add a section that requires existing areas or structures
housing animals to meet the new Code provisions for setbacks within 30 days
of enforcement notification from the City The proposed language allows for
someone to request an extension beyond the 30 days with justification. Note
that this will be complaint driven, which is typical for the City's Code
Enforcement.
• Section 12 (Pages 6/7): revise the residential land use table to have the
wording consistent with the proposed amendments.
• Section 13 (Page 7): revise the residential development standards table
(which relates to building height, setbacks, lot coverage, etc.) to have wording
consistent with the proposed amendments.
The Commission and staff discussed the ACC Section 11, 18.31.220 A.2. "Small
Permitted Animals", specifically the number allowed under the amended code, four
(4). Commissioner Lee expressed a concern that the number four (4) seems
arbitrary and could be unfair or restrictive. A discussion followed regarding the Code
Enforcement actions relating to the number of animals (dogs, cats) aliowed for a
dwelling unit (house, apartment, etc.). Specific records on the number of
enforcement actions related to exceeding the number of small animals is not easily
available.
The Commission deliberated the option of expanding to four (4) the number of small
animals allowed, providing increased latitude to the homeowner so he can manage
animals without being restrictive. City Attorney Heid explained that it is the up to the
Commission to make their recommendations but without a clear numeric standard, it
may create an unenforceable provision. Code Enforcement would have a difficult
time enforcing a violation that is based on a range or"up to" recommendation rather
than a clear standard. Commissioner Mason stated she would like to see five (5) as
the allowable number of small permitted animals allowed at a dwelling.
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PLANNING COMMISSION MEETING MINUTES May 17, 2014
Chair Roland invited anyone for or against the proposed code amendments related
to The Keeping of Animals forvvard for testimony
Shirley Chittenden, 1440 22"d Street SE, Auburn
Ms. Chittenden stated that she has owned her home for approximately 26 years.
She is grateful that folks have the opportunity to own animals within city limits but
expressed her concern that if multiple animals are living next to you without proper
care and oversight that property owner is imposing on the party living next door to
the animals. Ms. Chittenden played audio recording for the Commission whereby
the "bwok" or"bwok" of the chickens was observed, she stated she hears this on a
regular basis which is very disruptive and disturbing.
She stated the chickens scratch within their own feces and the dust covers her front
porch, blinds, and porch furniture. This creates an offensive smell which radiates
into the house. The coop is poorly maintained, when the neighbor dumps large
amount of feed on the ground and in the coop it attracts rodents and other animals
looking for food. She believes the smaller lot size would not be an issues if the
chickens were kept in an enclosed area, in her case they are 10 feet from her living
room window. These issues create an offensive atmosphere for a neighbor living
next door
She emphasized that if the Commission were to consider allowing a higher number
of permitted animals to a dwelling it may open the door for additional issues for the
folks living next door to those who do not maintain the animals or the environment
and the City Ms. Chittenden respectfully requested that the Planning Commission
require further setback for the small animal enclosures so that the animals do not
impose on those living next door
Greg Hoffman, 1435 22ntl Street SE, Aubum
Mr Hoffman stated he has had issues with a neighbor's dog (barking and charging
the fence in an aggressive manor). He encourages folks to work with Police to
resolve these issues as they were able to work with him to assist in resolving the
issues with the neighbor's dog. He feels dog owners need to be responsible.
With no other public testimony, Chair Roland closed the public hearing at 7 42 p.m.
With no comments from the public, the Commission deliberated.
The Commission and staff discussed complaints from both Police and Code
Enforcement regarding the keeping of animals.
Commissioner Lee moved and Commissioner Coppte seconded to recommend the
number of small animals under ACC Section 11, 18.31.220 A.2. Small Permitted
Animals, be increased from four(4) to five (5).
After City Attorney Heid clarified, asking if the motion was an amendment to move
the proposed amendments for the Keeping of Animals as drafted by staff forward to
City Council for approval, Commissioner Copple withdrew his recommendation to
increase the number of Small Permitted Animals from four(4) to five (5) under ACC
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PLANNING COMMISSION MEETING MINUTES May 17, 2014
Section 11, 18.31.220 A.2. Commissioner Lee also withdrew his recommendation to
move forward a proposed amendment.
No vote was taken and the motion was withdrawn.
Commissioner Lee moved and Commissioner Copple seconded to move forward the
proposed amendments related to the Keeping of Animals to City Council for
approval, subject to increasing Small Permitted Animals from four(4) to five (5)
under ACC Section 11, 18.31.220 A.2. Small Permitted Animals.
Motion approved. 4-0
(Commissioner Stephens, Commissioner Shin, and Commissioner Moutzouris
abstained from voting).
V OTHER BUSINESS
No items were brought forward under V Other Business.
VI. COMMUNITY DEVELOPMENT REPORT
Planning Services Manager Jeff Dixon stated he has no updates to report since the
meeting two weeks earlier but explained that the requirements for incorporation of
stormwater Low Impact Development (LID) techniques as required by the state and
federal government will be moving through the Planning Commission for review and
Public Hearing. Staff expects the first review to be reaady for the Commission June 21,
2016. Since this is the 3'0 Tuesday, and the Planning Commission's altemative 2"'
meeting that the Commission holds on their calendar each month, the 1"meeting of the
month will be cancelled. Staff would like to meet the for the second alternate meetings
in July and August also. The first meeting of the month would likely be cancelled.
VII. ADJOURNMENT
There being no further business to come before the Planning Commission, Chair Roland
adjourned the meeting at 8:00 p.m.
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