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HomeMy WebLinkAboutPlanning 2015-08-27 Item 3 - Adoption of 7/23/15 MinutesDate: Time: Location: Present: Absent; City of Tukwila Planning Commission BOARD OF ARCHITECTURAL REVIEW (BAR) AND PLANNING COMMISSION (PC) PUBLIC HEARING MINUTES July 23, 2015 6:30 PM Council Chambers Chair, Mike Hansen; Vice Chair, Sharon Mann; Commissioners, Louise Strander, Brooke Alford, and Nhan Nguyen Commissioners, Thomas McLeod and Miguel Maestas Staff: Jack Pace, Director; Minnie Dhaliwal, Planning Supervisor; La Planner, Valerie Lonneman, Assistant Planner, and Wynetta Bi Commission Secretary Jack Pace, Director, Department of Community Development, on behalf of Ma the Governor's Smart Communities Award to the Planning Commissioners that Southcenter Plan. Chair Hansen called the public hearing to order at 6:40 Motion: Commissioner Mann made a Strander seconded the motic Commissioner Alford made Mann seconded the. motion Chair Hansen opened the public hearing; an Ii1 -' 1 CASE LOCA L1 Benjamin, Assistant s, Planning presented the adopt the 06/18/15 minutes. Commissioner ere in favor. minutes. Commissioner e wishing to provide testimony. W (BAR) PUBLIC HEARING rsop, Magellan Architects t a new 12,386 sq. ft. addition for a bowling alley and 1,646 sq. ft. second ition off the northeast corner of the existing 32,166 sq. ft. amusement 7300 Fun Center Way, Tukwila, WA 98188 Valerie Lonneman, Assistant Planner, Department of Community Development, gave the presentation for staff. She asked the Commissioners the appearance of fairness questions; there was no disclosure and no one objected to any of the Commissioners hearing the case. Staff provided background on the project and gave an overview of the review process. Design Review applies because the structure is over 10,000 sq. ft. The site is within the Shoreline Jurisdiction Urban Conservancy Environment. Therefore, a Shoreline Substantial Development review was conducted and the permit was approved. SEPA was also reviewed and a DNS was issued. Staff recommended approval with no conditions. Josh Peterson, Architect for the applicant, Magellan, noted that the landscaping on the north end of the site was addressed. He explained that the alterations for the addition on the second floor of the existing building 2 Public Hearing Minutes July 23, 2015 are interior only. He also passed around color samples and offered to answer questions. Ms. Lonneman stated she received an email from Commissioner Alford and she wanted to address the issues in the email. She raised the topic of Commissioner Alford's recommendation pertaining to the landscaping for the Commission to discuss. She also provided explanation in reference to Commissioner Alford's question regarding the proposed emergency vehicle access and turn around. She said she discussed the concerns with the Fire Marshall and he said it is necessary for the site to maintain a 26 ft. access area to reach the proposed second floor addition. Mr. Peterson commented there would be a paved area for the access area Commissioner Strander asked for clarification on the need for conditions for the issues raised as a result of Commissioner Alford's landscaping recommendation. Staff said if the Commission is in consensus with Commissioner Alford's recommendation they will need to approve with conditions. However, the emergency vehicle access will be approved by the Fire Department; as part of the building permit process. Commissioner Alford provided clarification on the Mr. Peterson and Scott Huish, for the applicant, Chair Hansen asked the applicant and Commissioner required landscaping condition. The applicant had no would handle suggested landscaping at the time of the I: make it a condition of their approval or request the Ian approval process. There were no further comments. The public hearing was The Commission Motion: questions raised by Commissioner Mann. if they could suggest some language for the ion and suggested that it be noted that they permit. Staff said that the Commission could plan be handled during the building permit issioner Alford moved that staff review and approve the landscaping plan during the building permit and that the project be approved otherwise as presented. Commissioner Stander seconded the All were in favor' G COMMISSION PUBLIC HEARINGS Chair Hansen opened the public hearing and swore in those wishing to provide testimony. CASE NUMBER: L15 -0007 Marijuana Zoning Code Amendment APPLICANT: City of Tukwila REQUEST: Proposed amendments to the Zoning Code regulations regarding marijuana uses and definitions to meet new Washington State regulations contained in SB 5052. Definitions will be revised to reflect the language in the new state law and medical marijuana uses will be accommodated within the same location criteria as recreational marijuana uses. LOCATION: Citywide Minnie Dhaliwal, Planning Supervisor, Department of Community Development gave the presentation for staff She provided background on the project. She said the City has had a moratorium prohibiting medical marijuana, collective gardens, and dispensaries since 2011 due to inconsistent regulations. This year the Washington State legislature adopted two bills that provide more clarity and allow the local Page 2 of 4 Public Hearing Minutes July 23, 2015 jurisdictions control over marijuana uses. At the direction of Community Affairs and Parks (CAP) staff drafted an ordinance that repeals the existing moratorium on medical marijuana uses and updates the definitions to be consistent with the State law. It accommodates commercial medical marijuana uses within the same zoning designations (HI and TVS) as recreational marijuana uses. Also, it prohibits cooperatives, collective gardens and dispensaries. The ordinance also corrects the omission of marijuana uses from the Tukwila South Overlay (where the underlying zoning is HI or TVS). Additionally, it establishes more severe penalties for illegal grow operations. Community Affairs and Parks has reviewed the proposed draft ordinance and forwarded it to the Planning Commission for their recommendation, which is the purpose of tonight's public hearing. The Planning Commission is being asked to determine whether the proposed zoning is appropriate. Staff entered into the record an email from Chuck Parrish. Mr. Parrish inquired which zones should allow marijuana uses. (See the attached email for details). Staff noted that the State criteria has some location restrictions for instance, marijuana uses are not allowed within a certain distance of parks, schools, and family dayeares. Staff showed a map with the buffer areas from these uses with underlying zoning. Commissioner Mann asked for some clarification on cooperatives and collective gardens. She said she understands the concerns of medical marijuana use. She said the collective gardens in the neighborhoods have nothing to do with medical marijuana. There was no public testimony. The public hearing was closed. The Planning Commission deliberated. The Planning Commissioners asked several clam 1) What qualifies a patient to grow a lin domicile and how is it tracked? Staff. A medical need. Also there is a volunteer j that are writing a lot of prescriptions. 2) Should marijuana uses be allowed in t policies mandate that MIC areas be pre inber of medical marijuana plants in their own d users need to demonstrate to the State there is a and the State Law attempts to track down doctors This may be inconsistent. Staff. King County industrial uses. The PC can determine if they 3) Why are cooperatives being banned? Staff. Cities are able to regulate this with the new bill. 4) Do the rules apply the same for recreational and medical retail stores? Staff. The ordinance applies the same rules for both. 5) Does the State allow the City to receive a portion of the sales tax? Staff. Not in the past but with the new house bill a small percentage is allowed if the total amount of tax exceeds a certain amount. 6) If growers are growing` more than the allowable 15 plant who is going to enforce? Staff. The police will do the first investigation and determine if it is a criminal or civil violation. If it is a criminal violation they continue with the process, if it is considered civil Code Enforcement will take the lead. 7) If several individuals live at a residence what is the limit on number of plants -is it 15 per person? Staff. That would be considered collective grow or cooperative, which the ordinance prohibits. State Law limits 15 plants per household on one tax parcel. 8) Is personal recreational marijuana grow allowed in a residence? Staff. No Motion: Commissioner Mann moved to forward the draft ordinance as proposed to the City Council for their review. Commissioner Stander seconded the motion. All were in favor. Page 3 of 4 3 Public Hearing Minutes July 23, 2015 Commissioner Mann said she wanted to personally thank the staff, City Council and Police Department for all their work on the marijuana issue. Chair Hansen opened the public hearing and swore in those wishing to provide testimony. CASE NUMBER: L15 -0017 General Comprehensive Plan Updates APPLICANT: City of Tukwila REQUEST: Updates to the Tukwila Comprehensive Plan Introduction, Vision, Glossary and Land Use Map Legend sections to reflect current conditions and revisions. LOCATION: Citywide Laura Benjamin, Assistant Planner, Department of Community De to these updates are technical items that reflect new policy language Plan and the Strategic Plan is headed. There was no public testimony. The public hearing was closed. Staff addressed clarifying questions raised by the Following are the Planning Commissioners rec housing. It was the consensus of the read: Housing that cost less than 3 She also inquired on to the City Council most of the changes s the Comprehensive in regards to affordable cc for affordable housing to on a County -wide medium program" has been dropped and she asked staff revising the land use map legend in the mixed office section to add the second sentence to read, `except those uses and densities area a'. The Commission concurred. pprove the glossary as revised, and for staff to look into either including ties in school program' was deleted from the glossary and forwarding it val. Commissioner Alford seconded the motion. All were in favor. Commissioner Alford made a motion to approve the land use map legend as revised and forward to the City Council for their review. Commissioner Mann seconded the motion. All were in favor. Director's Report • Staff provided information on upcoming meetings Adjourned: 8:15 PM Submitted by: Wynetta Bivens Planning Commission Secretary 4 Page 4 of 4