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HomeMy WebLinkAbout1982-02-01 Committee of the Whole Minutes - Zoning Ordinance ReviewTUKWILA CITY COUNCIL COMMITTEE OF THE WHOLE February 1, 1982 Tukwila City Hall 7:00 P.M. Council Chambers COUNCIL MEMBERS PRESENT Zoning Ordinance Review M I N U T E S EDGAR D. BAUCH, JOE DUFFIE, MABEL J. HARRIS, GEORGE D. HILL, DORIS PHELPS, GARY L. VAN DUSEN. OFFICIALS MAYOR TODD; LAWRENCE E. HARD, City Attorney; BRAD COLLINS, PRESENT Planning Director; FRED SATTERSTROM, Planner; CAROLYN BERRY, Planner; MAXINE ANDERSON, City Clerk. DISCUSSION Review continued with the City Attorney on the changes he has made in the proposed zoning ordinance. Discussion is continued from Monday, January 25, 1982. Chairman MOVED BY HARRIS, SECONDED BY BAUCH, THAT COUNCILMAN HILL CHAIR THE MEETING. MOTION CARRIED. Further review after the Regu- lar Meeting, Feb. 2 Page 138, Chapter 18.64 Page 141 Line 15 Page 145, Line 25 Lines 25- 28 Line 19 Page 143 Council agreed to continue the discussion on the unresolved issues at the end of tomorrow night's Regular Meeting. Attorney Hard explained that the process described for the General Conditional Use Permit and the Unclassified Use Permit are different, but he has tried to provide some consistency between the two permit processes. 353o The Renewal of Permit section starting on Line 16 has been deleted and incorporated in Section 18.64.060 (Line 6). At- torney Hard explained that the definition for Substantial Con- struction has been added on Page 21, 18.06.820. He explained that a Conditional Use Permit is not good forever. (1) The C.U.P. automatically expires within 1 year after it was granted by the Planning Commission unless a Building Permit is obtained. (2) A C.U.P. automatically expires unless substantial construction is completed within two years from the date the permit is granted by the Planning Commission. Cris Crumbaugh said he would like to see the Planning Commission have authority to grant a renewal for longer than one year if necessary. MOVED BY PHELPS, SECONDED BY HARRIS, THAT THE WORDS "FOR A PERIOD NOT TO EXCEED ONE YEAR" BE DELETED FROM LINE 15. MOTION CARRIED WITH DUFFIE VOTING NO. Attorney Hard explained that Section 18.64.100 has been changed to allow appeals by "any party aggrieved," not just "the applicant." This would give citizens the right to appeal to the City Council, a decision made by the Planning Commission. Cris Crumbaugh said this could cause a lot of havoc in the whole permit process, particularly in the B.A.R. items. MOVED BY HARRIS, SECONDED BY DUFFIE, THAT SECTION 18.64.100 BE LEFT AS REVISED BY THE CITY ATTORNEY. MOTION CARRIED WITH PHELPS VOTING NO. It was noted that Section 18.64.090, Performance bond and other security is a new regulation. No Change. Councilman Bauch noted that in the R -1 through C -1 Sections there is a sentence that says "General Conditional Uses as specified in Chapter 18.64." Mr. Satterstrom said this means that any use specified in 18.64 would be allowed by a condi- tional use in that district. Councilman Bauch said he does not want to give anyone a chance to ask for the use in the residential zones. TUKWILA CITY COUNCIL, C.O.W. Zoning Review February 1, 1982 Page 2 DISCUSSION Cont. Page 138, Line 22 MOVED BY BAUCH, SECONDED BY HARRIS, THAT THE SENTENCE "GENERAL CONDITIONAL USES AS SPECIFIED IN CHAPTER 18.64" BE DELETED FROM THE RESIDENTIAL ZONES.* Line 14, Page 36 Line 5, Page 39 Line 5, Page 42 Line 21, Page 44 Councilman Phelps said she opposes the motion based on the guides for the Planning Commission in Section 18.64.050 and that there is an appeal process for any aggrieved person. After discussion it was agreed to change the word "prohibited" to "not permitted" on Line 22, Page 138. *MOTION CARRIED WITH VAN DUSEN AND PHELPS VOTING NO. 8:30 P.M. COUNCILMAN VAN DUSEN LEFT THE MEETING. Page 144, Chapter 18.66 Line 20, Page 148 and Line 11, Page 141 Mr. Buyers, audience 3531 Attorney Hard discussed the difference between the process for a Conditional Use Permit and an Unclassified Use Permit. Under the Conditional Use Permit, a person applies; it is considered by the Planning Commission; the Planning Commission makes the decision, and that decision may be appealed by an aggrieved party to the City Council. For an Unclassified Use Permit a person applies; the Planning Commission considers it and conducts a hearing; then, the Planning Commission makes a recommendation to the City Council. The Council then makes the decision. The time table is the same for both Use Permits. Councilman Phelps suggested adding the words "Unclassified Use" before permit on Line 20, Page 148 and add "Conditional Use" before permit on Line 11, Page 141. This should make it clear so they are not confused with Building Permits. Council accepted these changes Mr. Beyers, audience, asked Council when he might have a chance to explain his problem to them prior to the adoption of the pro- posed zoning ordinance. He said he has never received a notice concerning the zoning or the hearings and his property is one of those being down -zoned from RMH to R -3. He would like to be heard. Mr. Collins explained that Mr. Beyers brought this to the attention of the Planning Department after the December hearings. They told him that the list of unresolved items are only those pre- viously discussed. The only time for public comment will be February 9 and 16, but by those dates it is likely the ordinance would be in completed form. There are a number of people like Mr. Beyers who would like to bring issues before Council prior to adoption of the ordinance. At this time, there is no designated period when they can be heard. Councilman Hill asked for a list of those inquiries. Mayor Todd recommended that Mr. Beyers write a letter, for the record, to the City Council stating his problems. Cris Crumbaugh asked Council to consider, once the final document is completed, that enough time be allowed so everyone can review it before adoption. Review Schedule MOVED BY PHELPS, SECONDED BY HARRIS, THAT FEBRUARY 2, 8, 9 AND Set 16 BE SCHEDULED FOR UNRESOLVED ISSUES.* Mr. Satterstrom volunteered that he would contact Mr. Beyers and let him know when there is time to be heard before Council. *MOTION CARRIED. TUKWILA CITY COUNCIL, C.O.W. Zoning Review February 1, 1982 Page 3 DISCUSSION Cont. 9:00 P.M. Councilman Hill noted that he has to leave to meet a 9:00 P.M. appointment. MOVED BY DUFFIE, SECONDED BY HILL, THAT COUNCILMAN HARRIS BE ELECTED TO CHAIR THE MEETING. MOTION CARRIED. Page 37, Chapter 18.16 Page 158, Chapter 18.72 Page 162, Chapter 18.80 Unresolved issue Page 167, Chapter 18.88 Page 168, Chapter 18.92 Mr. Satterstrom noted that it has been called to his attention that in 18.16, the R -3 zone, the Conditional Uses of the R -2 district do not cascade into the R -3 zone. MOVED BY BAUCH, SECONDED BY PHELPS, THAT THE CONDITIONAL USES OF THE R -2 ZONE CASCADE INTO THE R -3 ZONE. MOTION CARRIED. Mr. H. Hill, audience, expressed concern over the one year expiration date for the C.U.P. and the U.U.P. There are outside agencies over which the City has no control that could hold up a permit. Councilman Phelps noted that the Planning Commission can authorize, at the beginning,a longer period of time than the one year. Also, there is the option to renew. Councilman Phelps said she is satisfied that the section accom- plishes what Council wants to do. In case of a hardship, the Planning Commission can make the extensions that are necessary to accommodate the Developer. Page 151, MOVED BY PHELPS, SECONDED BY DUFFIE, THAT COUNCIL ACCEPT CHAPTER Chapter 18.70 18.70 AS REVISED BY THE CITY ATTORNEY.* Cris Crumbaugh called attention to the wording on Page 155, Line 22 and 23. The "Not" should be deleted. Attorney Hard agreed. *MOTION CARRIED. Attorney Hard said there are no subsequent changes in Chapter 18.72. On Page 161, Line 8, he changed the word "adverse" to aggrieved. This is not a major change. MOVED BY DUFFIE, SECONDED BY PHELPS, THAT COUNCIL ACCEPT CHAPTER 18.72 AS REVISED BY THE CITY ATTORNEY. MOTION CARRIED. Attorney Hard questioned why Chapters 18.80 and 18.84 were not combined. He suggested that some of the confusion might be clarified by changing the titles. This item was placed in the unresolved issues. MOVED BY DUFFIE, SECONDED BY PHELPS, THAT CHAPTERS 18.80 AND 18.84 BE REFERRED TO THE CITY ATTORNEY FOR FURTHER REVIEW. MOTION CARRIED. Councilman Phelps said that the fees are not exorbitant; they may not be a significant cost on the developer, but at the same time, there is a fine line between the general cost of services a City is expected to provide to the pubic and special user fees that are over and above that service. Attorney Hard said that posting notices directly on property is probably the best notice the public can have on pending land use matters. MOVED BY PHELPS, SECONDED BY DUFFIE, THAT 18.92.010, BE AMENDED BY ADDING THE WORDING THAT A NOTICE OF HEARING SHALL BE POSTED ON THE AFFECTED PROPERTY AND AT CITY HALL. MOTION CARRIED. 35 gc Attorney Hard explained that this Chapter provides that ap- plications for renewals of any land use permit shall pay the same fee as for the original permit. Second, no fees will be re- funded except for $200 upon granting of a variance. Attorney Hard said that the text takes the position that any extension of time is a renewal. TUKWILA CITY COUNCIL, C.O.W. Zoning Review February 1, 1982 Page 4 DISCUSSION Cont. Page 169, Chapter 18.96 Page 169 170, Section 18.96.020 Change Ordi- nance to Title CLARIFICATION OF INTERPRETATIONS Convention Facilities Page 99, Line 11 Page 101, Table 1 Page 172, Line 22 Unresolved issue X -Rated Movies RECESS: 10:35 P.M. Attorney Hard explained that Lines 26 and 27 give the property owner the right to go to another Board to get a decision whether or not this ordinance applies to his property. The question was discussed as to which Board or Commission should review the decision. MOVED BY DUFFIE, SECONDED BY BAUCH, THAT "PLANNING COMMISSION" BE REMOVED AND REPLACED BY "BOARD OF ADJUSTMENT" ON LINES 27, 4 AND 5 IN CHAPTER 18.96.020. MOTION CARRIED. It was noted that the word "ordinance" should be changed to "title" on Page 171, Lines 15 and 24 and on Page 172, Lines 9, 21. The word she should be removed from Line 13. Mr. Collins said there is nothing explicit as to where Con- vention Facilities can be located. Page 54 MOVED BY BAUCH, SECONDED BY DUFFIE, TO PUT CONVENTION FACILITIES BETWEEN LINES 10 AND 11 ON PAGE 54. MOTION CARRIED. MOVED BY PHELPS, SECONDED BY DUFFIE, THAT THE FOLLOWING WORDS BE ADDED TO LINE 11, PAGE 99 AFTER SHALL BE: AS REQUIRED BY THE UNDERLINING ZONING OR. MOTION CARRIED. MOVED BY PHELPS, SECONDED BY BAUCH, THAT "BUT NEED NOT EXCEED 75 FEET" BE ADDED TO FRONT YARD SETBACKS IN THE C -P DISTRICT. MOTION CARRIED. Attorney Hard recommended that "and punishable by a fine of not more than $500 and /or imprisonment for not more than 6 months" be added to Line 22, Page 172, after misdemeanor. Council concurred. Attorney Hard suggested that somewhere in the text the City At- torney be authorized to work with the Planning Director to take the necessary action in the enforcement of this ordinance. This item will come back with the unresolved issues. MOVED BY BAUCH, SECONDED BY DUFFIE, THAT STAFF BRING BACK TO COUNCIL THE CHANGES NECESSARY TO THE ZONING ORDINANCE THAT WOULD MAKE IT AT LEAST AS STRONG AS RENTONS WHERE X -RATED MOVIES ARE CONCERNED. MOTION CARRIED. MOVED BY DUFFIE, SECONDED BY PHELPS, THAT COUNCIL RECESS UNTIL TOMORROW NIGHT. MOTION CARRIED. Councilman George Hill c City Clerk