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October 6, 2020, Planning Commission Meeting MinutesPlanning Commission Meeting Minutes October 6, 2020 Zoom Teleconference Commissioners: Present: Stephanie Bailey, Dave Bernstein, Joe Morrison, Suanne Martin Smith, Annette Stewart, Trish Tierney Absent: Phil King, Mark Trenary Staff Present: Community Development Director Nick Bond, Long Range Planner Keri Sallee 1. Call to Order: Chair Stewart called the meeting to order at 6:01 p.m., and led the Pledge of Allegiance. 2. Public Comments: Shahbaz and Elizabeth Naftchi expressed concern about the zoning and Comprehensive Plan land use designation of their home and vacant lot at 719 Sidney and 807 Sidney, respectively. They want to build a “dream home” on the vacant lot, and do not want commercial designations to make that impossible. Long Range Planner Sallee said that the Naftchi properties had been part of a 2020 “cleanup” amendment to the Comprehensive Plan, in which properties with Comprehensive Plan land use designations that were inconsistent with their current zoning had the land use designations revised to be consistent with the zoning. In the case of the Naftchi properties, the zoning of Neighborhood Mixed Use (NMU) was inconsistent with the underlying Medium Density Residential (MDR) land use designation, and the land use designation was revised to Commercial. However, the NMU zoning does permit development of single-family homes, and therefore the Naftchis should not require a rezone or other action to develop the vacant lot as they wish. Community Development Director Bond said he would speak by telephone with the Naftchis about their concerns. 3. Approval of Minutes From September 1, 2020: Commissioner Tierney made a motion to approve the minutes of the September 1, 2020 Planning Commission meeting, as presented. Commissioner Morrison seconded the motion. The motion passed unanimously. 4. Business Items: Amendments to POMC Chapter 20.26 Development Agreements: Public Hearing/Review/Recommendation. DCD staff have worked with the City Attorney to prepare clarifications and more specific standards in Chapter 20.26 regarding the requirements and procedures for the City’s use of development agreements. The City Council is the review authority for development agreements, and will hold a hearing and make a decision on each development agreement application. Development agreements may be entered into between applicants and the City Council for flexibility in various standards contained in Title 20 POMC, with a corresponding increase in public benefit. One example would be an increase in a project’s allowed building height if a park was developed and dedicated to the City. The amendments to Chapter 20.26 also provide guidance on how a development agreement review is to be consolidated with any underlying permit (such as a subdivision application or shoreline substantial development permit) and what appeal procedures are applicable. A development agreement may modify code requirements only if the City Council determines that the modifications are necessary, achieve public benefits and provide superior outcomes than those that would result from strict compliance applicable development standards. The full costs of drafting and processing a development agreement are the responsibility of the applicant. If an extension to a development agreement is requested by the developer, the City Council must find that additional benefits to the City provided by the developer in exchange an extension will outweigh the impacts from the development authorized by the extension. An extension shall be for no more than 10 years, and no more than two extensions of up to 10 years shall be granted. Chair Stewart opened the public hearing. No comments were made. Chair Stewart closed the public hearing. Commissioner Tierney made a motion to recommend that the City Council approve the proposed revisions to Chapter 20.26 POMC. Commissioner Bernstein seconded the motion. The motion passed unanimously. 2020 POMC Title 20 “Housekeeping” Amendments: Public Hearing/Review/ Recommendation. Sallee gave a summary of the items included in DCD’s annual “housekeeping” amendment to Title 20 POMC, which resolves minor omissions, errors, out of date information and redundancies that have been noted throughout the year. The housekeeping amendments also incorporates any DCD director’s code interpretations issued during the year, pursuant to POMC Section 20.10.040(5)(b). Chair Stewart opened the public hearing. No comments were made. Chair Stewart closed the public hearing. Commissioner Bernstein made a motion to recommend that the City Council approve the proposed housekeeping amendments to Title 20 POMC. Commissioner Morrison seconded the motion. The motion passed unanimously. 5. Administrative Items: November 2020 Alternative Meeting Date. The Planning Commission was asked to select an alternative meeting date for November, since the regular meeting date of November 3 was Election Day. The Commission selected Monday, November 2 as the new date. Laptops/Surfaces for Planning Commissioners. The City has offered to provide City laptop or Surface devices for Planning Commissioners to use on Planning Commission business. Using a City computer may prevent future issues with public records requests. Commissioners who want to use a City device are asked to let DCD staff know. Bond said that Commissioner Morrison had emailed him to follow up on concerns expressed at the September meeting by some downtown residents who had not received a mailed notification of the Downtown and County Campus Subarea Plan EIS Scoping Meeting. The notices were put into envelopes by DCD staff, the postage meter was run for the mailout by the Clerk’s staff, and the stamped mail was picked up on August 14, 2020 by the Post Office worker who delivers and collects mail from City Hall. An affidavit was signed by DCD staff that this mailout was done correctly. The City has no control over what happens to the mail once it leaves City property; however, City staff may start taking notice mailouts directly to the Post Office and may also video record the mailout being placed into the outgoing Post Office mail box. Adjourn: Chair Stewart adjourned the meeting at 7:22 pm. Annette Stewart, Chair Nick Bond, Community Development Director