Development Commission · Wednesday, July 6, 2016 · City Council Digest

1. CALL TO ORDER

Commission Membership

packet pp.3

Open packet at p.3 ↗

Staff report:

Development Commission About Staff Liaison Created in 1983, this commission reviews all land Christopher Wright, use actions requiring a Level 3 review. The Project Oversight Manager Commission further serves as an advisory board to Email the City Council on land use actions requiring council approval (Level 5 review). Regular Members 2018 - Vacant The appearance of fairness doctrine prohibits 2018 - Raymond Leong Development Commission members and City 2018 - Richard Sowa Council members from discussing the merit of 2019 - Michael Brennan specific land use development applications outside 2019 - Randolph Harrison of the formal public meeting process. Citizens, 2020 - Melvin Morgan however, may discuss any issue with the City's 2020 - Kevin Price Development Services Department. Written comments are also welcome. Alternate Members 2017 - TJ Ginthner Membership 2017 - Vacant The…

2. APPROVAL OF MINUTES

Minutes of June 8, 2016

packet pp.5

▶ Watch from 2:02 Open packet at p.5 ↗

Staff report:

CITY OF ISSAQUAH DEVELOPMENT COMMISSION MINUTES June 8, 2016

4. AGENDA ITEMS

Sunset 7 Apartments - Site Development Permit - SDP16-00004

Amy Tarce, Senior Planner · packet pp.7–31

Topics: Land Use

▶ Watch from 1:00 Open packet at p.7 ↗

Staff report:

CITY OF ISSAQUAH DEVELOPMENT SERVICES DEPARTMENT DEVELOPMENT COMMISSION

207 segments .txt ↗

0:26 ↗ Good evening and welcome to the July 6th meeting of the Issaquah Development Commission. Tonight

0:33 ↗ we will be looking at a, this is a public, obviously a public

0:39 ↗ meeting, and the process will be explained For those of you who don't

0:45 ↗ have a copy of it or didn't look at it, there will be approval of

0:48 ↗ minutes, which is the next item. Then there will be a session primarily for the

0:54 ↗ benefit of members of the commission that is a review of the process

1:00 ↗ that is involved with our work here. And then the agenda item is a site

1:06 ↗ development permit application for process or

1:12 ↗ applicant SDP 16-0004 and that will be the primary thing that

1:18 ↗ we'll be doing this evening is looking at presentation by the city. There

1:24 ↗ will then be, a part of this will be, and the applicant and then we'll

1:28 ↗ have questions, clarifications and so on by members of the commission.

1:34 ↗ There will also, there's also a sign in sheet there if there, Normally there isn't

1:39 ↗ a part the public comment, but we're going to do that today if there's anybody

1:44 ↗ that would like member of the public that would like to be heard on this

1:48 ↗ We'd ask you to sign it in please and then when you come up Excuse

1:52 ↗ me when you come up to the microphone If you'd give your name and your

1:56 ↗ address if you'd like to be on the record, okay All right with that The

2:02 ↗ first item is the approval of the minutes are there any Corrections?

2:10 ↗ Legions? If not, can we get a second? Mr. Chair, move. Move. Motion, please. Move.

2:15 ↗ Move. Move. Move. Move. Move. Move. Move. Move. Move. Move. Move. Move. Move. Move. Move.

2:16 ↗ Move. Move. Move. Move. Move. Move. Move. Move. Move. Move. Move. Move. Move. Move. Move.

2:19 ↗ Move. Move. Move. Move. Move. Move. Move. Move. Move. Move. Move. Move. Move. Move. Move.

2:21 ↗ Move. Move. Move. Move. Move. Move. Move. Move. Move. Move. Move. Move. Move. Move. Move.

2:27 ↗ Move. Move. Move. Move. Move. Move. Move. Move. Move. Move. Move. Move. Move. Move. Move.

2:31 ↗ Move. Move. Move. Move. Move. Move. Move. Move. Move. Move. Move. Move. Move. Move. Move.

2:34 ↗ Move. Move. Move. Move. Move. Move. Move. Move My name is Christopher Wright and I'm

2:39 ↗ the project oversight manager for the Development Services Department. And in the interest of

2:44 ↗ continuing to train you, especially the new members, but also as a refresher

2:50 ↗ for some of you old timers, we thought we would take a few minutes to

2:54 ↗ go over kind of what the Development Commission's purview is and what kind of applications

2:59 ↗ you see and why.

3:05 ↗ This is a list of the different types of applications that you see. There are

3:10 ↗ site development permits, SDPs, which is what you're reviewing this evening. Community

3:15 ↗ conference, which is kind of a preliminary meeting that you do for some site development

3:21 ↗ permits, and I'll get to that in a minute. Master site plans, development

3:26 ↗ agreements, and then some signs. I put that in there for you, Mel. Thank you,

3:32 ↗ Mr. Wright. Because there are some signs, if they are outside of an urban village,

3:37 ↗ outside of central Issaquah, on a major street, new signs not replacing existing

3:43 ↗ signs that would come to the Development Commission. And we'll be evaluating

3:49 ↗ whether the Development Commission is going to continue to review signs sometime in the next

3:52 ↗ year or so, hopefully, when we draft a unified sign code.

3:59 ↗ Because right now we've got five different sign codes for different areas of the city.

4:02 ↗ So we'd like to correct that. But just know between now and then, you may

4:06 ↗ see some signs. So the main

4:12 ↗ applications we wanted to talk about are site development permits, master site plans, and development

4:17 ↗ agreements. And again, a majority of what you see are site development permits. And they're

4:22 ↗ what we call a level three review. And if a project is

4:27 ↗ outside of an urban village and outside of central Issaquah, level three

4:33 ↗ reviews are required for projects that either are a level three level of review on

4:39 ↗ the table of permitted land uses, which in the land use code are the blue

4:43 ↗ sheets, but also sites that are greater than three acres and on a primary street.

4:49 ↗ So that's kind of the determining factor on when something is a level three site

4:54 ↗ development permit or not. And I mentioned a community conference a little bit ago. Community

4:59 ↗ conferences are a required step in the site development permit process, again, for

5:05 ↗ projects that are not within central Issaquah. And again, tonight is an example of a

5:11 ↗ project that is on a major street on Sunset Way and went through the community

5:15 ↗ conference process a few several months ago. And for a level three

5:21 ↗ site development permit, the development commission is the decision maker and it's through a quasi

5:27 ↗ judicial process and Amy's gonna talk a little bit more about that in a minute.

5:32 ↗ And what you're reviewing there is consistency with the development regulations, the design criteria

5:38 ↗ checklist or the green sheets in the land use code and technical review

5:46 ↗ of items that are within the land use code. For a master site plan,

5:52 ↗ and those are kind of getting phased out as well, because there are no master

5:56 ↗ site plans either in the urban villages or in central Issaquah. But outside of those

6:01 ↗ areas, if a parcel is greater than 15 acres and is anything other than

6:07 ↗ single family residential, it goes through a master site plan process. Examples of

6:13 ↗ master site plans that you've seen in the last few years, usually it's been schools

6:17 ↗ like the high school or the middle school because that whole property is greater than

6:20 ↗ 15 acres. Confluence Park was another example because that was greater than 15 acres. But

6:27 ↗ there's only a couple of parcels left in the city that could possibly go through

6:31 ↗ a master site plan process. And for those, the development commission is not the decision

6:37 ↗ maker, but actually you make a recommendation to the city council. And often,

6:43 ↗ especially in the case with the schools, you'll be reviewing the master site plan concurrently

6:47 ↗ with a site development permit, usually. And for those, a

6:53 ↗ master site plan by itself, the plans are more kind of a site plan. You

6:57 ↗ wouldn't usually see building elevations necessarily. It's mostly the site plan that you're reviewing

7:04 ↗ for compliance with the comprehensive plan and land use code. And there's specific criteria for

7:08 ↗ master site plans in the code as well. And then development agreements, I think it's

7:14 ↗ been a while since you've seen one, but you may be seeing one at your

7:18 ↗ next meeting for Silverado. uh... but development agreements come to the development commission

7:24 ↗ for uh... when a uh... cluster development is proposed or when uh... project is utilizing

7:30 ↗ the transfer of development rights or what we call td ours in a cluster cluster

7:35 ↗ development uh... just by way of explaining is when uh... there's uh... a

7:41 ↗ residential proposal and the proposing in a single-family zone to either cluster attached

7:47 ↗ units or make smaller lots in an effort to preserve more open space.

7:53 ↗ So we do see those sometimes. And like I said, you may have an example

7:57 ↗ coming up of that. And that too, like master site plans, you're not the decision

8:01 ↗ maker on a development agreement, but instead you're making a recommendation to the city council.

8:09 ↗ So this is just really generally kind of the process that most applications go

8:16 ↗ through us and then through you. And this is a site development permit, as example.

8:22 ↗ Usually, we'll have kind of an introductory meeting. Sometimes we call it a project feasibility

8:26 ↗ meeting internally when we go over with the applicant just what the development standards are,

8:31 ↗ what the zoning is, the permitted uses. and just kind of see if what they're

8:37 ↗ proposing will meet the code. And then we will have what we call a collaboration

8:41 ↗ meeting where they may have some kind of preliminary sketches, some conceptual designs. In that

8:47 ↗ meeting, we usually have a planner and an engineer, and we kind of share the

8:50 ↗ vision for whatever area they're proposing their project in and just kind of talk a

8:56 ↗ little bit more about the process. And then the first real application that's made is

9:00 ↗ a pre-application and we have a pre-application meeting.

9:06 ↗ And those are plans that are starting to get a little more firmed up at

9:12 ↗ least to the point where we would route it to all of the different permit

9:17 ↗ reviewing departments in the city and kind of gather their comments and share them with

9:21 ↗ the applicant again talk a little bit more about what recommendations we have before they

9:27 ↗ make their larger land use application and talk a little bit more detail about the

9:31 ↗ process and expectations at that point so then the actual site development permits the middle

9:37 ↗ that's the big one that's the that's the land use permit application and so we

9:42 ↗ take that in again it's routed it's all of the city departments we notify

9:48 ↗ adjacent property owners and parties of record what the application is submitted

9:54 ↗ and then subsequently then we notify them again when the public hearing date is set

10:00 ↗ And when we set the date for the public hearing, we've compiled all of the

10:03 ↗ comments from all the departments and the planner drafts a staff report,

10:10 ↗ which includes our overview of the project, description of the

10:15 ↗ project, and then also our recommended conditions. And then it becomes

10:21 ↗ before the development commission in a public hearing, which tonight is an example of. And

10:26 ↗ then if the development commission approves it or conditionally approves it, we draft a notice

10:31 ↗ of decision. And this goes into a little bit more detail about the

10:37 ↗ steps that you're involved in. As I said, the staff report that the staff writes

10:42 ↗ is sent to you about a week before the hearing. And at the hearing,

10:49 ↗ And there's kind of two parts to it. I mentioned if you're outside of central

10:53 ↗ Issaquah and it's a site development permit, we will have had a community conference earlier

10:59 ↗ on to give just kind of initial comments and feedback without making any kind of

11:03 ↗ decision. But if it's within central Issaquah, it's kind of a two-step public hearing process.

11:09 ↗ We'll have the first public hearing where we get your input, get public input, and

11:14 ↗ then we hear whatever issues or concerns that you have. we kind of go

11:20 ↗ back, try to work with the applicant to address those, and draft up what we

11:25 ↗ call a briefing response memo that is kind of an addendum to the staff report

11:30 ↗ addressing those things that came out in that first meeting. And then in the second

11:34 ↗ public hearing portion is when you will see when and how and if we've

11:40 ↗ addressed those things, and at that point you would make your decision on the project.

11:46 ↗ And the reason for the two parts, I know, I said when we got rid

11:50 ↗ of the community conference step in central Issaquah, if we just had one hearing, it

11:55 ↗ would be kind of difficult for you to make your decision and for us to

11:59 ↗ address all of your concerns all in one meeting. So that's why we've kind of

12:03 ↗ broken it up so we have a chance to go back and address your concerns.

12:09 ↗ And then finally, as I said, the staff prepares a notice of decision with the

12:15 ↗ decision and all the conditions, and we prepare that for the chairperson's signature.

12:21 ↗ And that is the approval of a site development permit. And I'll just point out

12:25 ↗ now, for all of the... Because like I said, there are many different codes and

12:28 ↗ plans and chapters that we use in evaluating

12:34 ↗ projects. And I just wanted to point out that all of those are available on

12:38 ↗ the city's website. And in particular, there's a section called the Document Center on the

12:44 ↗ city's website. And this gives you just an example of where the central Issaquah plan

12:49 ↗ design standards are. But you can also get to the land use code, the sign

12:53 ↗ code, the critical area, ordinance you can get to all of our codes that we

12:59 ↗ use through there so i just wanted to make sure you were aware of that

13:04 ↗ and do you have any particular questions yes christopher is that process the preceding couple

13:10 ↗ of slides is that on the on on the website as well the city's website

13:14 ↗ um no not exactly there's a more detailed flow charts

13:20 ↗ uh that are part of the land use code and part of centralistic, but this

13:26 ↗ is kind of an abridged version. Okay. Can I suggest that maybe you

13:32 ↗ send copies of that to us individually

13:38 ↗ so that we can always have it, new members can continue to refer to it.

13:44 ↗ What was that, you old guys, was that the? The old timers, yeah. So we

13:49 ↗ can refresh our failing memory by looking at it too. It would help, I think.

13:54 ↗ Also, I think if you go forward a bit, if you notice down the lower

13:59 ↗ left, you need an N on recommendation there. Oh yeah. Okay. Anything

14:04 ↗ else? So the two public hearings that's really taken place,

14:10 ↗ so the first one, would have been called a community conference before? Is there a

14:15 ↗ difference? Well, there is, yeah. A community conference and a public hearing? The difference between

14:20 ↗ them really is that at a community conference, the plans are still kind of preliminary.

14:25 ↗ They're in the early stages. And so...

14:32 ↗ The goal there is to provide your input before they make their more

14:38 ↗ detailed plans. But in the site development permit public hearing for centralistic while the plans

14:43 ↗ are a little bit further along. They're complete basically at that point, but then

14:50 ↗ they may be revised in between those two meetings. But the level of detail in

14:53 ↗ the plans is the big difference. I had a question.

15:00 ↗ With respect to tonight's project, where does it map

15:06 ↗ to this? The last hearing? Yes, it's

15:11 ↗ basically this one here. Since it's not in central Issaquah, as I said, there was

15:16 ↗ a community conference that was done for this project a few months ago. And so

15:21 ↗ what we're entering into now won't be a two-part public hearing. It'll just be this

15:25 ↗ one, and this is where you'll be making your decision on the project.

15:33 ↗ Anything else? Okay, Christopher, thank you. I appreciate it. I think this is the kind

15:38 ↗ of thing that from time to time we need to do. It's good to back

15:41 ↗ up. Yeah, and it also helps to have this in the public portion of it

15:45 ↗ too so people have the opportunity to understand what the process is.

15:51 ↗ Exactly. And now Amy's going to talk a little bit more about the quasi-judicial aspect

15:54 ↗ of it.

16:02 ↗ Thank you, Christopher.

16:09 ↗ So I think Christopher had already touched on your role

16:15 ↗ as a development commission. So I am going to skip along to the next slide.

16:21 ↗ So basically, just a very brief description of what quasi judicial mean.

16:27 ↗ In this particular instance, basically, the process is like a court basically you serve almost

16:33 ↗ like a court, and the proceedings have to be fair and appear to be fair.

16:40 ↗ And there are two aspects of what

16:46 ↗ your role and your responsibilities are focused on. One is the

16:52 ↗ procedural due process, and then the other one is the substantive due process. So in

16:57 ↗ both cases, in both situations, I'm sorry, both situations have to be met.

17:04 ↗ So for procedural due process, we look at whether we followed all the steps

17:09 ↗ that's required by law. And also, basically, there's a

17:16 ↗ focus on your role with the person who's benefiting from

17:21 ↗ the decision, which is the applicant. For substantive due process, basically, we look at

17:27 ↗ The adopted regulations, whether or not staff established that the

17:33 ↗ project met the standards, and also the conditions that we

17:39 ↗ recommend and that you eventually accept and use for the approval

17:46 ↗ is reasonable and related to alleviating a problem created by the project.

17:52 ↗ So this is where we talk a lot about nexus and proportionality.

17:58 ↗ So for tonight's public hearing, we go through this

18:04 ↗ exercise for the new members. Basically, we have these six

18:09 ↗ questions that we ask everyone to evaluate on your own. I'm not gonna read all

18:15 ↗ of them, but I'll give you time to kind of look through them, and then

18:20 ↗ at the end, I'm just gonna check and see where everyone's at.

18:42 ↗ So hopefully everyone's done. Looks like you guys are looking at me, which means you

18:45 ↗ read a lot faster than me. So is there anyone in the

18:51 ↗ Commission that would answer yes to any of these questions?

18:58 ↗ Okay, that's great. And we're good. So the other aspect that...

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