PLANNING COMMISSION MINUTES REGULAR MEETING PUBLIC HEARING May 19,2004-6:00 PM CITY HALL COUNCIL CHAMBERS

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1 TAPE Call to Order and Flag Salute 000 Roll Call PLANNING COMMISSION MINUTES REGULAR MEETING PUBLIC HEARING May 19,2004-6:00 PM CITY HALL COUNCIL CHAMBERS Chair Hubbell called the meeting to order at 6:08 PM. Commissioners Presenf: Bob Forman, Daniel Hubbell, Alex Malesis, Tom O'Connor, Mike Schmidt, Carol Simpson Commissioners Absent: Alan Newhouse Sfaff Present: Mike Nicholson, Louis Webster, Rob Wyman and Theresa Selga 006 Approval of Minutes: Regular Meeting of March 17, 2004 M OTI 0 N : COMMISSIONER SCHMIDT MOVED TO APPROVE THE MARCH 17, 2004 REGULAR MEETING MINUTES. COMMISSIONER O'CONNOR SECONDED THE MOTION. COMMISSIONER SIMPSON REQUESTED CORRECTIONS IN ORDER TO ADD HER REQUESTS OF STAFF THAT SHE STATED DURING THE MARCH 17,2004 REGULAR MEETING. MOTION CARRIED UNANIMOUSLY MOTION: COMMISSIONER SCHMIDT MOVED TO TABLE APPROVAL OF THE MINUTES OF THE APRIL 28, 2004 REGULAR MEETING. COMMISSIONER SIMPSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Commissioner Comments 022 Commissioner Simpson encouraged the public to speak and commended the city for the land,scaping at stormwater ponds. 028 Commissioner Schmidt commented favorably on the new curbs and underground power lines near the new school. 032 Chair Hubbell met with the chair of the Parks Commission and possibly having a meet and greet between the Parks Commission and the Planning Commission.

2 Commissioner Simpson requested a copy of the Parks Commission report to the City Council. Public Hearing - Nuisance Vehicle Ordinance Louis Webster recapped his memo dated 5/12/04 which reflects changes suggested by the Planning Commission and the public. The title of the ordinance is now Onsite Residential Parking Requirements. 6:30 pm Commissioner Forman arrived Gerald Allen, '~ Avenue SE / Newcastle, WA. Lived there for 24 years, bought a new recreational vehicle (RV) last year, because he's near retirement, offsite storage is expensive so he parks it at home, been parking there for 24 years, and uses the RV year round. If the rules are changed to restrict RV parking severely, he can't afford to live here anymore. He feels that this requirement is wrong. Donald Hall SE 86th Street / Newcastle, WA. discriminatory toward retired people. Feels this ordinance in Rusty Hazzard, SE 93rd Street 1 Newcastle, WA. Pleased with the initial cut of this ordinance. Feels that people who don't have RVs have rights too. Paragraph 10 needs clarification & the screening section needs clarification. Feels that RVs are eyesores - took pictures to show commissioners. The house across the street from him had 12 vehicles that never move and all were visible. He is in support of vehicle limits and impervious surface requirements. Art Whitham, '~ Avenue SE / Newcastle, WA. Uses his RV year round and frequently uses his boat. Mr. Whitham spoke against any restrictions that limit his parking on 'his property which would limit his usage of his recreational vehicles. William Lusher, SE 91Sf Street I Newcastle, WA. Moved to Newcastle because many homes in his neighborhood have large lots with an open feel. He feels if the screening requirements go through it will negatively affect the openness and the views. How is a 6-ft fence going screen a 12-foot vehicle? He feels that there's not a problem in his neighborhood. He feels that these restrictions should be done by neighborhood, not the whole city. Rebecca Strand, '~ venue SE 1 Newcastle, WA. Feels that parking should be on impervious surfaces only including gravel. Does not want to spend her time off of work, which is during the summer as she is a teacher, viewing and hearing the RVs from her front yard. Ms. Strand would like the Planning Commission to clarify landscaping classifications and to consider any impervious surface requirements.

3 Linda Richter, SE 93rd Street 1 Newcastle, WA. Spoke against any parking of vehicles on the lawns. Mike Perivich, '~ venue SE 1 Newcastle, WA. Spoke against four vehicles parked on a lot. Mr. Perivich stated that the people would pave their front yards if there was an impervious surface requirement. He also feels that screening doesn't help. Keith Searles, " Place SE 1 Newcastle, WA. Feels that the number of vehicles might be limited by lot size, impervious vs. pervious surface would rather see grass than people making their front yards all impervious just to park. Wants to know how this ordinance came about. What is the penalty? What is Type 1 screening? Charles Dobes, th Avenue SE. Requested that his letter be entered into the public record. Mr. Dobes feels that there are other types of vehicles, trailers, etc. that are not addressed by this ordinance. Wants follow up meeting. Brad Rofthagen, SE 91'' Street, / Newcastle, WA. Feels these requirements are subjective, it's a matter of what you see and what you think of it. He would like to know where this ordinance originated. Chair Hubbell responded that this originated with citizens complaining to the City Council and passed down to planning commission. Debbie Hazzard, SE 93rd Street 1 Newcastle, WA. Spoke in favor of the new ordinance. Ann Schurmen, SE 71St Street 1 Newcastle, WA. Spoke in support of the new ordinance and feels the draft needs more work to address several things: Ms. Schurmen was harassed when she filled out a request for action; screening is subjective oversized vehicles can't be screened effectively; temporary parking with a permit; feels that we don't need any vehicles parked on a lawn. Please review and make more changes before this is put into effect. Peggy Rolfe, '~ Avenue SE 1 Newcastle, WA. Feels that every neighborhood is individual - one rule doesn't apply to very neighborhood. Likes small town feel. As long as it's neat and tidy. Gene Underwood, St Place SE 1 Newcastle, WA. has motor home parked on paved surface with a six-foot screen. He suggested deletion of line 10 especially last sentence because he feels that it is unenforceable and unnecessary. Bill Karos, '"lace SE I Newcastle, WA. Stated that Washington has the highest per capita of boats and RVs. Has a vehicle on gravel portion of his property

4 and feels that the city is taking away rights. Mr. Karos feels that the city needs to make a distinction between junk vehicles and nice looking vehicles Don Rossman, '~ venue SE I Newcastle, WA. Has lived in this City since 1970's and spoke strongly against this ordinance. He feels that neighbors should be able to talk to their neighbors about problems with them. Doesn't like using the Redmond ordinance as a base. Mr. Rossman stated that the screening section may create more problems than it would solve. 353 Chair Hubbell closed the public hearing portion of the meeting. 5 minute break 380 Commission Schmidt pointed out that the current title of the ordinance doesn't include storage and he expressed that it is important to capture the intent that it is parking, and storage. He offered a possible change to the title of the ordinance to "on site storage and parking of vehicles on residential property." 424 MOTION: COMMISSIONER SCHMIDT MOVED TO MODIFY THE TITLE OF THE ORINANCE TO ON-SITE STORAGE AND PARKING OF VEHCILES ON RESIDENTIAL PROPERTIES. COMMISSIONER MALESIS SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 434 MOTION: COMMISSIONER SIMPSON MOVED TO CHANGE THE WORDING OF THE FIRST SENTENCE BE CHANGED TO "THE INTENT OF THIS SECTION IS TO DEFINE PERMITTED LOCATIONS FOR RESIDENTIAL PARKING AND STORAGE OF RECREATIONAL, UTILITY, AND COMMERICAL VEHICLES WITHIN THE RESIDENTIAL AREAS OF THE CITY SUCH THAT NEIGHBORHOOD SAFETY, QUALITY, AND CHARACTER ARE MAINTAINED." COMMISSIONER FORMAN SECONDED. MOTION:.COMMISSIONER SCHMIDT MOVED TO AMEND THE MOTION TO INCLUDE MOTOR VEHICLES. COMMISSIONER O'CONNOR SECONDED THE MOTION. 494 MOTION, AS AMENDED, CARRIED UNANIMOUSLY. Chair Hubbell stated that definitions will be included at the end of the ordinance. Commissioner Schmidt when driving around noticed that where there were more vehicles parked in front of the house, it was more unsightly than if they were parked on the side yard or the backyard. Didn't find many houses with cars parked in front. Commissioner Schmidt presented a slide show of photo examples of residential parkinglstorage of vehicles in the city.

5 Mike Nicholson pointed out the King County impervious surface regulations: The total number of vehicles parked or stored outside of a building on a single family lot in the RI through R8 zones, excluding recreational vehicles and trailers, shall not exceed 6 vehicles on lots that are 12,500 f? or less and 8 vehicles on lots that are greater than 12,500 ft2. He also cited the section related to impervious surface parking and storage: All vehicle parking and storage for single detached dwellings must be in a garage, carpot? or on an approved impervious surface. Any impervious sutface used for vehicle parking or storage must have direct and unobstructed driveway access. Mr. Nicholson stated that the county regulations are a basis for discussion. He also reminded the commissioners that this city is not going to see anymore Reserve or Highland type large developments, mostly infill (small) developments. 658 MOTION: COMMISSIONER SCHMIDT MOVED TO REMOVE OF ITEM 2. BOB FORMAN SECONDED. MOTION CARRIED 5-1 WlTH COMMISSIONER SIMPSON DISSENTING. 730 CHAIR HUBBELL PASSED THE CHAIR OVER TO VICE CHAIR O'CONNOR TAPE 2 MOTION: COMMISSIONER HUBBELL MOVED TO: ABOVE ITEM 3.3 ADD A HEADING ENTITLED RECREATIONAL VEHICLES; ITEMS 3.3, 3.4 AND 3.5 WOULD THEN BE RENUMBERED UNDER THAT HEADING; MOVE ITEM 3.6 AS ITEM 3.2 UNDER ITEM 3 UNDER THE GENERAL REQUIREMENTS HEADING. THEREFORE ADDING ANOTHER HEADING FOR RECREATIONAL AND UTILITY VEHICLES AND BREAKING THAT SECTION INTO TWO PARTS. COMMISSIONER SIMPSON SECONDED THE MOTION. MOTION: COMMISSIONER SCHMIDT MOVED TO ELIMINATE ITEM 3.2 COMMISSIONER SIMPSON SECONDED. MOTION FAILED CHAIR O'CONNOR RETURNED THE CHAIR TO COMMISSIONER HUBBELL MOTION: COMMISSIONER SIMPSON MOVED TO DELETE "OPERABLE AND CURRENTLY LICENSED" FROM 3.2. COMMISSIONER FORMAN SECONDED MOTION. MOTION FAILED 2-4 WlTH COMMISSIONERS SCHMIDT AND SIMPSON IN FAVOR. MOTION: COMMISSIONER MALESIS MOVED TO ADD "ON LOTS 12,500 SQUARE FEET OR LESS, ALL VEHICLE PARKING AND STORAGE FOR SINGLE DETACHED DWELLINGS MUST BE IN A GARAGE, CARPORT OR ON AN APPROVED IMPERVIOUS SURFACE. ANY IMPERVIOUS SURFACE USED FOR VEHICLE PARKING OR STORAGE MUST HAVE DIRECT AND UNOBSTRUCTED DRIVEWAY ACCESS." COMMISSIONER FORMAN SECONDED THE MOTION. MOTION CARRIED 4-2 WITH COMMISSIONER O'CONNOR & CHAlR HUBBELL DISSENTING.

6 205 8:57PM MOTION: COMMISSIONER SIMPSON MOVED TO EXTEND MEETING TO 9:30 TO CONTINUE DISCUSSION REGARDING THE NUISANCE VEHICLE ORDINANCE. COMMISSIONER SCHMIDT SECONDED THE MOTION. MOTION WITHDRAWN. MOTION: COMMISSIONER MALESIS MOVED TO EXTEND MEETING TO 9:30 PM AND THEN DECIDE WHAT TO COVER. COMMISSIONER FORMAN SECONDED. MOTION CARRIED UNANIMOUSLY MOTION: COMMISSIONER O'CONNOR MOVED TO LET RK DO HIS PRESENTATAION NOW AND CONTINUE PARKING & STORAGE DISCUSSION NEXT MEETING. MOTION CARRIED UNANIMOUSLY. 227 Clearing and Grading Ordinance Roger Kuykendal, the City Engineer presented a slide show and explained the rationale for the proposed revisions for the revisions to: NMC Title Properfy Grading Regulations, which has to do with activities requiring a clearing and grading permit and performance standards for those activities; and NMC Title Grading for Land Developrnenf which sets design criteria and standards for how land is prepared for building construction. 357 Don Rossman '~ venue SE I Newcastle. WA spoke in favor of the proposed revisions to the Grading Ordinance. MOTION: COMMISSIONER SCHMIDT MOVED TO POSTPONE ANY FURTHER COMMENT UNTIL THE NEXT MEETING. MOTION CARRIED UNANIMOUSLY 377 MOTION: COMMISSIONER SCHMIDT MOVED TO EXTEND UNTIL 10:OO PM. COMMISSIONER MALESIS SECONDED. MOTION CARRIED 5-2 WITH COMMISSIONER FORMAN & CHAIR HUBBELL DISSENTING. 5 min break 9:30-9: MOTION: COMMISSIONER FORMAN MOVED TO ADD LANGUAGE TO 3.5 OF THE ON-SITE RESIDENTIAL PARKING REQUIREMENTS "VEHICLES DESIGNED FOR HABITATION". COMMISSIONER SCHMIDT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MOTION: COMMISSIONER SIMPSON MOVED STRIKE 4, 5, 6 FROM SCREENING REQUIREMENTS. COMMISSIONER SCHMIDT SECONDED THE MOTION. MOTION CARRIED 5-4 WITH COMMISSIONER MALESIS DISSENTING.

7 482 MOTION: COMMISSIONER FORMAN MOVED TO REMOVE 'FARKED PERPENDIC-ULAR" TO THE RIGHT OF WAY" FROM 7.3. COMMISSIONER MALESIS SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MOTION: COMMISSIONER SCHMIDT MOVED TO STRIKE FROM ITEM 7 THE LANGUAGE "LISTED IN ORDER OF PRIORIY. COMMISSIONER O'CONNOR SECONDED THE MOTION. 503 MOTION: COMMISSIONER SCHMIDT MOVED AMEND THE MOTION TO STRIKE ITEM 7 IN ITS ENTIRETY. MOTION CARRIED 4-2 WITH COMMISSIONERS MALESIS AND SIMPSON DISSENTING. 524 MOTION: COMMISSIONER SIMPSON MOVED TO INSERT ITEM UNDER SUBSECTION RECREATIONAL VEHICLES. COMMISSIONER MALESIS SECONDED THE MOTION. MOTION: COMMISSIONER SCHMIDT MOVED TO AMEND THE MOTION TO INCLUDE THE FIRST SENTENCE OF 7.4. MOTION CARRIED UNANIMOUSLY. MOTION: COMMISSIONER FORMAN MOVED TO CHANGE THE MAXIMUM EFFECTIVE DATE FROM "TWO YEAR PERIOD" "TO 6 MONTHS." COMMISSIONER MALESIS SECONDED THE MOTION. MOTION CARRIED 5-1 WITH COMMISSIONER SIMPSON DISSENTING. 602 MOTION: COMMISSIONER SIMPSON MOVED TO ELIMINATE 10 SECONDED BY COMMISSIONER SCHMIDT. MOTION CARRIED UNANIMOUSLY. MOTION: COMMISSIONER O'CONNOR MOVED TO MOVE SECTION 9 TO SECTION 3 IN ITS OWN SUBSECTION SIMILAR TO RECREATIONAL VEHICLES. COMMISSIONER SIMPSON SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MOTION: COMMISSIONER SCHMIDT MOVED TO EXTEND MEETING TO 10:05. COMMISSIONER SIMPSON SECONDED THE MOTION. MOTION CARRIED 5-1. MOTION: COMMISSIONER SCHMIDT MOVED TO CHANGE THE WEIGHT IN ITEM # 9 TO 20,000 LBS. COMMISSIONER MALESIS SECONDED. MOTION CARRIED UNANIMOUSLY. MOTION: COMMISSIONER FORMAN MOVED TO ADD "OR COMBINATION THEREOF TO ITEM 9 SO IT READS TRUCK TRACTORS AND TRAILERS OR "COMBINATION THEREOF." COMMISSIONER O'CONNOR SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.

8 Next Regular Meeting: May 26, Adjourn Chair Hubbell Adjourned the meeting at 10:lO PM.

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