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Planning Policy Commission Auto captions

Thursday, January 26, 2023

6:30 PM · 2h 19m · Council Chambers, 135 E. Sunset Way, Issaquah WA
Topic tracked across meetings:
Recommendation on Title 18 Final Draft Procedures, Subdivisions, Zoning, Specified Use Standards, Development Standards, Neighborhood Overlay, Environment) and Shoreline Master Program, (A) 2/3
Section
3. PUBLIC HEARING
3a
Title 18 Final Draft (Parts 5-8: Specified Use Standards, Development Standards, Neighborhood Overlay, Environment) and Shoreline Master Program, (D)
Minnie Dhaliwal, Director, Community Planning & Development Public Hearing Order: Commission and DOE · packet pp.3–969
Topics: Land Use
Staff report:
Proposed Title 18 and Shoreline Master Program Amendments JANUARY 26, 2023 | PLANNING POLICY COMMISSION MINNIE DHALIWAL, COMMUNITY PLANNING &
4. REPORTS
4a
Council Update
Stephen Padua, Long Range Planning Manager
5. OTHER BUSINESS / ANNOUNCEMENTS
5a
Upcoming Schedule
packet pp.971–972
0:10 foreign
0:12 good evening everyone thank you for
0:14 joining us this evening uh I'd like to
0:16 call the January 26 meeting of the
0:18 planning policy commission to order it
0:20 is currently 6 31 pm
0:24 tonight's meeting is a hybrid meeting
0:25 the planning policy commission is in
0:27 person but staff or members of the
0:29 public may be attending virtually or in
0:32 person
0:33 Stephen the numbers are a little bit
0:34 shakier tonight but I think we still
0:36 have a quorum
0:38 chair voice that's correct excellent and
0:41 since we're talking about attendance I
0:43 would like just to inform everyone that
0:45 one of our commissioners has had to
0:47 resign due to uh some familial
0:50 obligations so commissioner Longoria
0:53 will no longer be with us we wish her
0:54 well
0:56 we're going to begin this evening with
0:57 public comment and the guidelines they
1:00 never change comments at tonight's
1:02 meeting may be made in person or
1:04 virtually
1:07 we've got some
1:08 guidelines but Jared do we have anyone
1:11 that's set up signed up to speak tonight
1:14 no one has signed up and no one has
1:17 signed up in person tonight but is there
1:19 anybody in the room that would like to
1:20 speak
1:21 we do have one excellent uh so we'll
1:24 still go over the guidelines so for all
1:25 those who would like to speak during
1:27 public comments please speak clearly and
1:29 pause frequently state your name each
1:32 time before speaking and if you are
1:33 attending virtually by computer or by
1:35 phone and would like to speak during
1:36 public comments in addition to the above
1:39 please
1:40 mute your microphone when you're not
1:42 speaking and if you're having any
1:43 technical issues try to join the meeting
1:45 using a different device such as a
1:47 smartphone or tablet please use the call
1:49 and information in the meeting invite to
1:52 call into the meeting if you'd like to
1:54 do so virtually
1:56 one thing I will mention is right now is
2:00 reserved for general public comments so
2:02 these if you want to get your title 18
2:05 and Shoreline master program comments on
2:08 the record we will be doing that a
2:10 little later this evening during the
2:11 public hearing
2:13 public comments are an important part of
2:15 the process we take them seriously
2:17 they're factored into the decisions that
2:19 we make
2:20 we do ask that you please keep your
2:22 public comments to five minutes or less
2:25 all right
2:28 yeah I think we're ready
2:34 okay
2:36 um any other general public comments
2:38 going once going twice
2:40 nothing virtually
2:42 don't
2:43 Perfect all right the next item on the
2:46 agenda is the public hearing uh this is
2:48 the title 18 code update as well as the
2:51 shoreline master program updates
2:54 we're going to hold the second of three
2:57 public meetings tonight
2:59 we held the first one last Thursday and
3:02 staff will be presenting and PPC will be
3:05 deliberating policy questions for parts
3:07 five through eight this evening although
3:09 public
3:10 hearing comments can be made on any part
3:14 of the title 18 update as well as the
3:16 shoreline master program
3:19 process wise we will ask this staff to
3:23 please make a presentation this evening
3:24 and we're going to follow what we did
3:26 last Thursday after the presentation
3:28 we'll have some clarifying comments from
3:31 the Commissioners then we will have the
3:33 public hearing comments after that we
3:35 will close the public hearing and then
3:37 move on to deliberations with the
3:40 commissioners
3:44 I think now we want to open the public
3:45 hearing
3:47 and we will open it at 6 35 pm
3:53 I believe now we're going to turn it
3:55 over to staff to hear the presentation
3:58 on Parts five through eight
4:04 good evening Commissioners and members
4:06 of the community here
4:09 I'm going to try and share my screen
4:13 just a second
4:18 says I'm already in the event join again
4:29 I had to join again guys they
4:37 okay let's hope this works
4:42 to share
4:49 I'm unable to share at this point
4:56 maybe in the meeting twice
5:32 looks like I may be
5:34 okay
5:41 okay let's
5:49 there you go all right
5:57 so good evening again this is our second
6:00 day our second public hearing date we
6:04 had the first one on January 9th but
6:06 we've had many many meetings on these
6:07 topics So today we're officially holding
6:11 a second public hearing on the
6:13 Consolidated draft of Title 18 and
6:15 Shoreline master program update
6:18 the process like uh chair voice
6:21 explained we opened the public hearing
6:23 there's a staff presentation clarifying
6:26 questions from the commission public
6:27 comment on the items for the public
6:29 hearing we close the public hearing and
6:31 then the commission will deliberate So
6:35 today we're covering part five through
6:37 eight of the
6:39 title 18 so part five is the specified
6:43 use standard in here we have accessory
6:46 and temporary uses such as mobile uses
6:49 and food trucks that we previously
6:51 discussed this also part five also
6:54 includes affordable housing standards
6:56 where we've done some cleanup
6:58 coordinated with Arch and made some
7:00 consistency type of changes no policy
7:04 changes made under that chapter same
7:07 thing with the wireless communication
7:08 facilities we've aligned it with the FCC
7:10 regulations added some graphics and to
7:13 help illustrate and and more
7:15 housekeeping kind of changes there
7:18 part 6 includes a lot of things it's the
7:22 development standards that apply so last
7:24 time we covered the zoning which sort of
7:26 sets the stage in the bases
7:28 here in part six we have Urban Design
7:31 and site planning building design
7:33 standards parking Landscaping community
7:37 and amenity spaces and so we've
7:39 highlighted a policy question for you
7:42 all to discuss in under the amenity
7:44 spaces outdoor lighting is a separate
7:47 chapter as well as science
7:50 then part 7 includes the neighborhood
7:52 overlays so these are regulations that
7:56 are so unique to certain parts of
7:57 Issaquah that they have been maintained
8:00 to maintain the neighborhood character
8:02 of these areas so this is for Old Town
8:05 Central Issaquah uh Issaquah Highlands
8:08 and Talus
8:11 then part 8 is comprises of a lot of
8:16 things and I'll quickly go through them
8:18 a lot of golden outcomes chart that the
8:21 council had established for this code
8:22 update relate to uh part eight as well
8:25 so in here is the sipa Environmental
8:29 Policy chapter where we increase the
8:32 thresholds to 10 units or ten thousand
8:35 square feet for projects that have to go
8:37 through environmental they have to fill
8:39 out the CPA checklist and go through an
8:41 additional layer of process so CPA for
8:46 those of you that joined this
8:47 conversation later is the state law and
8:51 that establishes some of these flexible
8:53 thresholds the city had them pretty low
8:56 at four square feet or four thousand and
8:59 so we've increased them and still be
9:02 aligned with state law state law
9:04 actually allows a lot more than 10 and
9:06 10 000 but based on previous discussions
9:08 that's where the direction from planning
9:11 and policy commission was
9:12 uh We've uploaded the public notice
9:14 standards as well under the critical
9:17 areas code
9:19 um there are some procedural changes we
9:22 had some exemptions uh that we've now
9:24 aligned with the state law uh and then I
9:27 think we discussed the process for
9:29 public agency and utility exemptions
9:31 we've added more criteria to it but
9:34 whether it needs to be level one and
9:36 level two was discussed at the last
9:37 meeting
9:38 the critical area studies so these are
9:41 technical reports that you know whether
9:43 it's a wetland biologist or a Geotech
9:46 engineer that prepares these studies and
9:49 then the city this is a consultant team
9:51 usually that has the subject matter
9:53 expert and then ensures that they are in
9:56 compliance with the city so
9:58 a lot of work occurred on on these areas
10:01 to provide Clarity and and really to
10:04 avoid the those debates on what needs to
10:06 be in the study and how and all that so
10:09 um that's uh in your packet um there was
10:12 discussion about reasonable use
10:14 exception uh so we've cleaned up the
10:16 criteria there which is a if if there's
10:19 a property that's completely encumbered
10:22 with critical areas
10:24 um you you we have to go through a
10:26 process where we don't take away all
10:29 development rights for that property so
10:31 there has to be a reasonable use
10:32 evaluation
10:36 um and and which is a public hearing
10:38 process to let
10:40 um some development occur on that
10:42 property
10:43 and then
10:45 um there were some quirkiness and
10:47 awareness with how the density was
10:49 calculated so we've all cleaned that up
10:52 it was wasn't very heavily used section
10:54 but it did add a lot of confusion
10:57 for the wetlands the buffers are now
10:59 aligned with Department of ecology's
11:01 best available science they have gone up
11:03 slightly but mostly it's based on
11:06 habitat score and not just um so there's
11:10 a whole methodology and there's a
11:12 significant increase at the time we we
11:14 shared you know we're aligned with our
11:16 peer cities we would our code just had
11:18 not been updated uh to reflect some of
11:21 those things
11:21 the buffer reductions and buffer
11:24 averaging is no longer an option which
11:26 is consistent with the guidance from
11:29 ecology
11:30 stormwater facilities such as
11:32 underground vaults you can plant trees
11:35 and things over it so you cannot have
11:37 those in the Wetland buffer either
11:39 um streams we our definitions were not
11:43 aligned with fish and wildlife and the
11:45 state regulations so that has been done
11:47 uh the classification is per Washington
11:50 Department of Fish and Wildlife uh
11:52 during the first round of review we
11:54 heard that we needed to look at fish
11:56 bearing streams and the buffers whether
11:57 that met the best available signs if we
11:59 kept them at 100 feet we did that and
12:03 those are going going up with this
12:04 update 250 feet
12:07 but for reduction in averaging no longer
12:09 an option if you have a culvert and
12:12 you're building a road over it or you
12:14 know that's part of your development
12:16 project those culverts need to be
12:18 replaced to be fish friendly we have an
12:21 overlay of fish and wildlife
12:22 conservation areas there is some
12:25 discussion about how does this interplay
12:27 with the streams and the wetlands in one
12:29 draft we had the streams under this
12:31 however Wetlands were not so now we have
12:34 a wetland section a stream section and a
12:37 fish and wildlife conservation area so
12:38 you you have to show how you're in
12:40 compliance with all of them
12:42 critical Aquifer recharge areas
12:45 so the city had performed a
12:48 hydrogeologic study in 2019
12:51 and our existing code had three
12:54 designations but there were four
12:56 designations recommended by that study
12:59 so we have updated our code to reflect
13:02 what we learned from that larger
13:04 undertaking that the city did
13:06 and part of the update also included
13:09 some land uses and businesses that can
13:13 have a detrimental effect to the
13:14 drinking water supply
13:16 um and you all have received a comment
13:18 letter today uh um and you know we can
13:22 discuss more about it as we get to that
13:24 topic
13:25 um but the the the intent of the
13:28 prohibited land uses list is do not
13:31 allow New Uses that we know could have
13:33 detrimental effect it you know it's not
13:36 the entire intent to uh unduly restrict
13:39 some of the things for existing
13:41 businesses that are in in existence uh
13:44 and so
13:46 um there's some discussion to be had on
13:48 that uh new standards uh for temporary
13:51 dewatering and Underground Construction
13:53 have been added we also had
13:57 um comments from Department of Health
14:00 and Sammamish water plateau and we've
14:02 Incorporated those
14:05 um the geological hazardous areas is you
14:08 know there's a lot of area in Issaquah
14:09 that fall into that category and and
14:12 this area is more for protection of
14:15 Public Safety and others as opposed to
14:17 some of the Wetland and stream which is
14:19 more ecological uh benefits
14:22 um and we have our consultant online
14:25 today so and we have a policy question
14:28 related to steep slopes so if you want
14:30 to get into more detail we can do that
14:32 but in short the new regulations were
14:34 added for coal mine there's a setback
14:36 for coal mines now
14:39 um there was a lot of debate about peat
14:41 settlement prone critical areas those
14:43 have been included in this draft
14:45 and then
14:47 um Mitigation Of landslides seismic coal
14:50 mine has a lot of discussion and updates
14:52 and very technical terms
14:55 buffer reductions from steep slopes is
14:58 the item that we have for policy
15:00 discussion today
15:02 there was a perception that you know we
15:05 have a 50-foot buffer that the city has
15:07 always granted a 10-foot buffer
15:10 reduction but it's based off of the
15:12 safety considerations of Geo geological
15:15 reports so we've laid out some options
15:18 for you to debate
15:20 Shoreline master program so this is
15:23 something that the city undertook as an
15:26 update in 29 a couple of years ago
15:29 where Council asked us to include some
15:32 more additional updates to Common line
15:34 setback where if your neighbors had a
15:37 certain setback you could make an
15:39 argument that you would get the same
15:40 thing and there was a concern that that
15:43 was too close to the lake and it didn't
15:44 really meet the best available science
15:46 and so we looked at that we actually had
15:49 our consultant do GIS study and that you
15:52 know eliminating that is not going to be
15:54 an impact on any property owner
15:56 significantly so that has been
15:59 eliminated as requested by Council in
16:01 the past Shoreline buffer reduction
16:04 incentive so there's an incentive that
16:06 you could go build it closer to the lake
16:08 if you remove your bulkhead nobody
16:11 really took on that incentive and it's
16:14 really not the best practice so that has
16:17 been removed and there's a requirement
16:19 that if you do a new development you
16:21 have to build a new bulkhead that is
16:24 more ecologically you know meets those
16:27 guidelines there are new dockline
16:29 writing standards those have been added
16:32 and then lastly the the shoreline master
16:36 program has an appendix to the critical
16:38 areas code so the new critical area code
16:41 would be adopted with the s p
16:44 um update there are the the other thing
16:47 with this Shoreline master program that
16:48 you heard from Department of ecology
16:50 representative last time you will make a
16:53 recommendation to council Council will
16:55 approve it but the final uh effect that
16:57 it can go in is after Department of
16:59 ecology approves it so they will have to
17:02 review and approve everything related to
17:04 SMP
17:06 a transfer of development rights
17:10 some of the highlights of the changes
17:12 we've made are forested hillsides are
17:14 now eligible as sending sites so the
17:16 basic concept here is you save open
17:18 space here but you you can give those
17:22 development rights to someone else uh in
17:25 addition to what's already allowed under
17:27 Zoning for the receiving site so you get
17:29 more density in your receiving site but
17:31 you're able to preserve open space
17:33 um somewhere else
17:36 and so we've added uh you can you can be
17:39 considered a sending site if you are a
17:41 forested hillside
17:43 the density calculations where you got a
17:46 little bit of bonus for being in a
17:47 critical area we've maintained it in
17:49 this chapter it's the purpose is to
17:51 incentivize preservation of those areas
17:54 that probably aren't suited for
17:56 development
17:58 TDR certification
18:00 process levels
18:03 these are currently set up as if you
18:06 want a certification you're a level one
18:08 so if someone has a sending site you're
18:10 already showing on the map and they'll
18:11 say how many units are we certified for
18:14 they can apply for a level one decision
18:16 and we would do the math calculation and
18:18 tell them how many TDR units you can
18:21 sell
18:22 the receiving site that's actually going
18:25 to get the additional density there are
18:27 three different options they can go more
18:29 height impervious more impervious
18:32 surface and you know one other thing so
18:34 there's a menu of options they can
18:35 choose from and the the calculation that
18:38 happens for that is a level two path
18:42 however if you want to change the map
18:45 there's some inconsistencies between the
18:47 map and the text that we've cleaned up
18:49 the map showed some sending sites but
18:51 the text said if you zoned this you're
18:53 not allowed as a sending site so that
18:55 has been fixed in this draft however
18:58 amending the map is still a level five
19:00 decision
19:02 fun for the conversations we've learned
19:04 that perhaps ascending site should be a
19:07 lower standard but that's a separate
19:09 conversation where we'll continue to
19:11 review that and get back to you on that
19:14 um we've added some TDR Bank approved
19:16 activities and things that already
19:19 existed in the in the code but we made
19:21 that more clear of how the costs are
19:23 determined how the exchange of funds
19:25 happens What's the timing of the payment
19:27 and such
19:28 uh landmarks this is really we've
19:31 adopted King County Landmark
19:33 preservation code instead of having a
19:35 hardwired into our code and then King
19:38 County's code becomes a little off um so
19:41 that's the main thing that's changed
19:44 there a forested hillside preservation
19:46 this is a brand new chapter this is one
19:49 of the Mandate you know the goals that
19:51 Council had
19:53 for this update so we've created some
19:57 design standards if you're building on a
19:59 hillside grading how are you getting
20:01 your street access there's some
20:02 measurement and mapping section and and
20:05 there's some compliance options so
20:08 there's some flexibility built into this
20:10 and this is one of the deviations
20:12 permitted
20:14 so now that's sort of the summary or
20:17 highlight at a very high level of uh
20:19 part five through eight
20:21 um there's a lot to unpack
20:23 um for at least the new members but we
20:26 kept it at that level for you
20:30 um so at the beginning we had six policy
20:33 questions that we had teased out of this
20:35 update that perhaps were things you
20:37 wanted to discuss and or had asked us to
20:40 go back in the first round uh and come
20:43 back with more information so we
20:45 discussed the first three at the last
20:47 meeting this one is outdoor amenity
20:49 spaces
20:51 so currently you the city has 48 square
20:55 feet per unit as the minimum
20:58 outdoor amenity space required for
21:01 residential development
21:03 um so some of the options we've laid out
21:05 for you
21:06 um were and I think the existing code
21:08 you could put a balcony that is six by
21:11 eight and still comply with the 48
21:13 square feet
21:14 um because it's an outdoor space so we
21:16 heard during the first round of comments
21:18 that that seems uh not to meet
21:21 um the mark for what Issaquah Community
21:24 desires or is aligned with a comp plan
21:27 um so we've looked at our peer cities we
21:29 shared all that research and that's true
21:31 our standards were much lower than some
21:33 of our peer cities so the options were
21:36 to keep it at 48 option two is to
21:39 increase the 200 square feet that is
21:41 administration's recommendation or we
21:44 can go up to 200 square feet and in one
21:48 of your
21:49 um you know memos we laid out some pros
21:51 and cons
21:52 but this is what we have in the draft
21:54 code right now so residential five plus
21:58 units is 100 square feet 22 plus units
22:02 you have 100 per unit but you also have
22:05 400 common amenity area
22:08 and for just larger projects
22:12 and then for Talus and Highlands that
22:16 that's the work that was done with the
22:18 replacement regulations the standard is
22:20 already in the code of 250 square feet
22:22 so we've maintained that and carried
22:24 that forward
22:26 next policy question that we have is
22:29 steep slope buffers should we should the
22:31 city adopt a different policy regarding
22:33 steep slope buffers
22:35 so we've laid out four options for you
22:37 all to consider the first one which is
22:40 in the proposed draft and is
22:42 administration's recommendation is to
22:44 keep the 50-foot standard buffer
22:46 which can be reduced up to you know to a
22:50 minimum of 10 feet with the peer review
22:52 but the peer review actually determines
22:54 the exact buffer based on very specific
22:57 site conditions
22:59 um option two that we've laid out is you
23:01 you know the buffers are based on slope
23:03 height uh the problem here is uh slope
23:06 Topography is what you know the the
23:08 height is one criteria but the types of
23:10 soil the amount of water hydrology or
23:12 the geology of the site doesn't get
23:16 taken into consideration here we
23:18 developed a third option with our
23:20 consultant team where we took the slope
23:23 geology you took all those three things
23:25 the problem here is you still need
23:28 Geotech peer reviewed to determine if
23:30 the the characteristics of the geology
23:32 are are correct so you can't have you
23:36 can forego the actual assessment on site
23:41 um option four is was developed just
23:44 um for policy consideration it's similar
23:46 to one
23:48 um but if you all feel that there really
23:50 needs to be a more clamping of the
23:53 buffer reduction than perhaps the buffer
23:56 reduction piece is limited to 50 of the
24:00 slope height and we'll get into more
24:02 details about this but I've included
24:04 some graphics here for your
24:05 consideration these were in your packet
24:07 on the I believe on the January 12th
24:10 agenda packet
24:11 so just to get a little bit you know
24:14 everyone on the same page here so height
24:17 is the slope height is from the toe to
24:20 the top of perpendicular distance so in
24:23 this you see this H that's labeled there
24:28 um so under this option two
24:31 you could have from the crest of the
24:35 slope which is
24:37 um you would have Point half of the
24:39 height from the toe of the slope you
24:42 would have 0.7 of the height diff
24:44 difference and from the sides of the
24:46 slope you would have point two h
24:48 so this table here kind of shows you how
24:52 the different buffers would work we can
24:54 pick one for instance
24:57 um if you have a slope height of 60 feet
24:59 then from the crest you would have a 30
25:03 foot buffer from the toe you have a 42
25:06 foot buffer from the side you would have
25:08 12 foot buffer
25:11 and under your third option three
25:14 it it's this table that gets into the
25:18 slope material there's five or six kind
25:20 you know Glacier tilt to sedimentary
25:23 bedrock and then you have these
25:25 different variations
25:27 um based on the crest toe or side
25:32 um so that's
25:34 question five question six uh came from
25:38 the code testing Provisions that the
25:40 critical area code for homeowners needed
25:43 some more vetting we have uh included a
25:48 question for you and I think we heard
25:49 last time that we need to break it down
25:51 a little bit
25:52 um so this is our attempt at maybe
25:54 perhaps breaking it down but the
25:56 question really was are there any
25:57 additional incentives or flexibilities
26:00 for small home renovation projects you
26:04 know that aren't detrimental to Wetland
26:05 and stream buffer but can be a huge uh
26:09 cost burden to do simple additions
26:13 so this is complex so I'll try my best
26:16 to kind of walk you through
26:18 um what's in the code so we have a
26:20 critical area studies uh section which
26:24 says the director can waive the
26:26 requirement for a critical area study
26:29 related to an existing single-family
26:31 home or lot
26:33 if it's one of these if it's all four of
26:36 these there is no alteration of the
26:39 critical areas or required buffers
26:41 and the proposal will not affect the
26:44 critical area in a manner that's you
26:46 know contrary to what the city's goals
26:48 are the minimum standards required by
26:51 this chapter are met
26:53 and a critical area study was prepared
26:56 and previously for a development for
26:59 that home and it identified so there's
27:02 no point in spending more money on doing
27:04 a study
27:06 then we have a section in the code that
27:09 deals about non-conforming structures
27:12 so here the changes to existing legal
27:16 non-conforming structures that are
27:18 within a wetland or a stream buffer
27:21 an alteration or an expansion of a
27:24 non-conforming development is allowed
27:26 this is not just for single family it's
27:28 for everyone and expansion is allowed
27:31 outside of the required buffer you can
27:33 expand them vertically to add more
27:35 stories
27:37 or the building expansion over existing
27:41 impervious surfaces allowed as long as
27:44 you're not going closer to the Wetland
27:46 or the Stream
27:47 and the buffer enhanced so if it's but
27:50 however if this expansion is more than
27:52 500 square feet you have to do buffer
27:54 enhancements so that's how
27:57 non-conforming structures in wetlands
28:00 and or stream buffers are created the
28:03 disconnect here was
28:05 number number three you can expand into
28:08 an if you already have a patio you can
28:11 enclose it in your house example but the
28:15 critical area study
28:18 exemption didn't say that you didn't you
28:20 know it didn't meet that you still had
28:22 to do a critical area study in order to
28:24 enclose
28:25 uh a patio so
28:29 given that that's our understanding of
28:31 of the um issues that came during the
28:33 testing uh We've laid out a couple of
28:36 options and we can develop code language
28:38 based on the direction you all give us
28:41 so under option one
28:43 we would keep the waivers from the
28:45 critical area you know there are
28:47 existing waivers that I just talked
28:48 about uh there's the non-conforming
28:51 chapter and the only thing here we would
28:52 do is we would make it explicitly clear
28:55 that if there's an existing impervious
28:57 surface for single family expansions you
29:00 don't need to do a critical area study
29:01 that you can enclose it
29:03 under option two uh if you want to go
29:06 beyond that we could look at uh you know
29:09 what's the uh what how much flexibility
29:12 do you want to give to a single family
29:14 homeowner do you want to allow
29:15 expansions
29:17 um you know up to 100 square feet 10 by
29:19 10 500 you know roughly 25 by 20 square
29:24 feet along a building Edge so if you
29:27 already have a house can you expand
29:28 along the edge or if the stream is here
29:31 and can you expand it on the other side
29:34 of the house so there's already a house
29:35 between the stream of the Wetland can
29:37 you do an expansion on the other side
29:40 we've attempted to say well we would
29:42 allow it under if it's only in the outer
29:44 25 percent of the required buffer
29:47 and then you actually enhance how much
29:50 you impacted somewhere else on your
29:52 property as long as no significant trees
29:55 were removed so we would put some sort
29:58 of some caveats on it I think given
30:00 where we are we still recommend option
30:02 one here some of the reasons we're going
30:05 with the option to potentially could be
30:09 you know
30:11 without a without an annual monitoring
30:14 or report requirement and others you
30:17 could get degradation of your buffers if
30:19 the homeowner doesn't maintain doesn't
30:21 plan doesn't water over time you know
30:24 will it really uh be be a useful
30:27 exercise but
30:28 um you know we can further develop it if
30:31 you think that's the way we need to go
30:33 so that's all our policy questions and
30:36 our discussion the purpose tonight is to
30:38 hear from the public in your discussion
30:40 so I will stop here
30:46 thank you
30:48 thank you director dollywall all right
30:51 this worked really well last week so I
30:54 think what I'd like to do Minnie is have
30:57 have you start with part five we'll get
31:00 the clarifying question for part five
31:01 part six part seven part eight turn it
31:04 over to public hearing and then when we
31:05 deliberate we'll have you guide us and
31:08 we'll just start with the public uh the
31:10 the questions that you have and then
31:12 towards the end we'll just kind of have
31:15 a general discussion about what we just
31:17 talked about
31:18 so I think we'll start with just part
31:21 five
31:22 and see who has questions regarding part
31:25 five
31:27 and if you guys wouldn't mind doing that
31:29 you guys were so wonderful last week so
31:31 just let me know I'll call your guys's
31:33 name so we make sure to get it on the
31:35 record and we'll start there
31:53 foreign
31:56 any uh any questions as far as part five
32:02 nothing okay actually can I jump in
32:05 would you mind putting the policy
32:07 questions up on the screen as we go
32:08 through them
32:10 that'd be great
32:12 yeah please
32:35 it only works if I'm paying attention
32:37 right let's have a clarifying question
32:39 on what we're asking clarifying
32:41 questions on
32:42 um are we asking about the policy
32:44 questions or the parts I think the parts
32:46 so you guys don't have to be right now
32:48 just go ahead and ask any questions you
32:50 have as far as part five what would be
32:51 helpful Minnie exactly that's that
32:54 stream would be helpful specified use
32:56 standards
32:59 and I'll start I have a couple since uh
33:01 we'll let our commissioners gather their
33:03 thoughts
33:05 so I didn't write down all the
33:06 applicable actual code I just wrote down
33:09 the page so on page 205 of 946 it talks
33:13 about a deviation for senior housing can
33:15 be sought for disabled and low-income
33:17 persons
33:19 my question is are we talking about
33:23 Senior Living having a mix of
33:28 and to me that seems a little odd
33:30 because Senior Living is is towards 55
33:33 and older we're talking about people of
33:35 a different generation being part of
33:36 these these projects these developments
33:43 I will need to pull up that particular
33:45 section I think we just carried forward
33:46 that existing code language for that but
33:48 I I do want to answer your question
33:51 do you have that handy
33:53 Christian what was the page number
33:56 205 of 946.
33:59 200 and what five five okay let me see
34:03 if I can pull it up here
34:27 are you from your agenda packet yes
34:45 so I can pull it up on the screen if
34:48 that's useful for anyone else
34:54 so this is under
34:57 commercial retail and mixed-use
34:59 standards
35:14 I'm still not getting to do you have a
35:17 section the section number by any chance
35:19 no I didn't bring the massive Tome with
35:21 me sorry so I just wrote down page
35:24 numbers
35:26 it was 205 of 946 of the large binder
35:30 that was given to us oh off the binder
35:32 okay
35:41 I like I said I I made I made a Mist I
35:44 should have got the app it was the
35:45 senior
35:47 Senior Living Senior
35:50 uh standards
35:53 I'll have to become a little bit better
35:55 prepared
35:58 foreign
37:31 yeah I think I found it too so senior
37:35 housing standards
37:37 18.500.060 under the purpose and intent
37:41 section it says uh the provided
37:45 incentives through parking requirement
37:47 reductions and density bonus Provisions
37:50 to develop housing opportunities for
37:52 persons 55 years or older in a
37:55 responsive and appropriate manner
37:58 regulate the bulk height and spacing to
38:01 provide adequate lighting blah blah blah
38:02 so then I think it goes into you're
38:06 talking about the deviation correct so
38:09 under D it talks about the deviation may
38:12 be sought to allow occupancy of housing
38:14 developed using senior housing standards
38:17 by persons with special housing needs
38:21 other than seniors such as disabled or
38:24 low-income persons per the approval
38:27 criteria allowed deviations in this
38:29 chapter
38:30 so you're gonna have to bear with me
38:31 because that's how all my questions are
38:33 written this evening but no that was the
38:35 question that's my concern I mean
38:37 generally senior housing I mean is there
38:40 any issue with having a a generational
38:45 difference I mean that's I think the
38:47 point that I'm getting at the idea is
38:49 we're going to have people of all
38:50 different ages possibly possibly again
38:53 low income living with a bunch of
38:55 seniors that strikes me as odd yeah I
38:58 think my read of this is It's extending
39:01 the the senior housing to uh special
39:04 housing needs other than seniors and so
39:08 um having some of these Provisions also
39:11 apply to those other uh categories that
39:14 it's it's listed but
39:17 I would have to get back to you on I
39:20 think this is something that we've
39:21 carried forward from our existing code I
39:23 don't know if who else is online Kristen
39:26 or Valerie who worked on this uh if they
39:28 have any more background Stephen
39:31 do you know
39:39 okay
39:41 we'll get back to you on this one okay
39:44 I bought you guys some time I will work
39:49 with me
39:50 any other uh clarifying questions as far
39:53 as um
39:55 part five
40:01 I have a few more but they're all going
40:03 to go like that
40:12 all right
40:16 just a question to make sure I'm asking
40:18 this at the right time is that outdoor
40:19 amenity space what part is that in so I
40:22 ask my question on that at the right
40:23 time
40:24 I'm sorry the outdoor amenity space
40:26 policy question what part part six part
40:29 six okay I'll hold up
40:32 okay maybe I can do this in a more
40:34 General sense
40:40 all right so
40:42 page 255 of 946 at the bottom I'm
40:46 interested how we got the numbers for
40:48 the general affordable housing section
40:51 and again these are rough notes I don't
40:53 have the Tome but I'm just wondering if
40:55 we got these from Arch
40:57 or a comparative City
41:03 yeah
41:03 I would have to defer to Kristen on this
41:06 one okay
41:13 is she online Steven
41:20 so we'll come back to that when
41:22 Christian joins us
41:39 yeah 255 of 9 46.
41:45 foreign
41:56 I have one final one I think I'll leave
41:59 you alone until part six uh regarding
42:02 the
42:03 wcf's this is on page 239 of 254.
42:09 um I thought we did have some
42:10 protections for views and Vistas
42:13 but I didn't see any language for that I
42:16 did see in the permitted use table on
42:18 page 249 of 946 table 18.5
42:22 12.100 point a but can you remind me
42:26 what is a conditional
42:28 allowable reason to obstruct a viewer
42:31 Vista with the WCF
42:37 good question
42:41 let me pull up the wireless code here
42:53 foreign
43:05 you had 18.5
43:08 12.100 point a
43:16 so it's the sighting so these are just
43:19 gender General standards so macro
43:22 Wireless communication facilities
43:24 location
43:27 um but you were talking about the Open
43:29 The View protections right correct
43:37 let me pull it up on the screen so we
43:40 can look at it together
44:08 foreign
44:16 so in here is this
44:20 section on the siding
44:22 it's talking about locating uh so under
44:25 a is for the macro so the larger towers
44:28 and such
44:31 it establishes it's within thousand feet
44:34 it has denied that they can't co-locate
44:36 non-residential zones located in the
44:40 setback
44:41 what's allowed what's allowed with
44:44 conditions and I think you're saying
44:46 when blocking natural Vistas correct
44:49 that was the only language I saw about
44:51 the WCF
44:54 that had anything to do with blocking
44:57 views and Vistas it says allowed with
45:00 conditions so my question is what kind
45:02 of conditions would make that allowable
45:05 yeah I think that Under The View
45:08 Corridor preservation we have that
45:11 listed as a one of the deviations that
45:13 you can request for
45:15 so let me
45:17 pull that out so this is saying that
45:20 just because you're um
45:23 it's a good question I I don't think
45:25 that particular section has anything
45:27 related to the deviations
45:30 um but
45:32 there's this other section
45:52 so 18 600 has a preservation of view
45:56 corridor is
45:59 piece so let's go to that one
46:08 screen again
46:30 so in here to
46:32 um to seek a deviation from views and
46:34 Vista standard the applicant must
46:36 provide a view shed study to assess the
46:39 impact
46:41 um and then it goes on to say if the
46:46 views will not be altered or impacted no
46:48 further actions require the deviation
46:50 may be approved if they will be impacted
46:52 may be approved if it uses one of the
46:54 increasing distance between high-rise
46:56 building Towers retaining or creating
46:58 new view corridors or strategic
47:01 placement so I don't think it gets at
47:03 the tower
47:05 um and but there would be some sort of
47:08 an assessment needed to say have you
47:10 minimized the change in the view
47:12 corridor you know if you can look it in
47:14 a place where it meets your objectives
47:16 however it doesn't it it maintains some
47:19 if it's at the end of a street and you
47:21 have a direct view to something then
47:23 then perhaps The View Corridor
47:25 assessment is on the Whiteboard I think
47:27 we need to do a little bit more
47:28 announcements
47:31 foreign
47:35 apologize for that
47:38 um so
47:40 um but good question that I think having
47:42 that in the table that you can approve
47:43 with condition and macro that there
47:46 needs to be some link between the
47:48 criteria for for that particular section
47:51 for wireless communication facilities so
47:53 we can look further into that and
47:54 propose some amendments
47:57 great thank you thank you yeah I think
47:58 Christian has something more to add I
48:00 just wanted to add that that kind of the
48:02 the way in which a wireless carrier will
48:05 step through the process they'll look at
48:07 you know they've got to prove that
48:09 there's nothing within a thousand feet
48:10 of where they want to go and show that
48:12 there's you know it's not it's not
48:15 possible
48:16 um and they're they're going to show you
48:18 know where their their lack of coverage
48:20 is so they're going to provide their
48:22 analysis I can't recall that the name
48:24 that that study but why they need that
48:27 that Tower in that one location and that
48:30 it's it's not allowed within a thousand
48:32 feet around it and we would seek that
48:36 shifting to be in a location that is
48:39 outside of a Vista or a view corridor
48:41 but if if they've got the the evidence
48:45 to show that this is this is going to
48:47 provide the service that the community
48:50 is is needing from a wireless carrier
48:53 then then we'll step through that
48:55 process and and see and seeks conditions
48:57 out through
49:00 what many mentioned no I appreciate that
49:02 Christian we had that conversation on
49:04 wireless and small cells and it feels
49:06 like ages ago and I I don't remember all
49:09 of it like I said I just this is me
49:11 being punished for uh going through 500
49:13 pages and writing down things in
49:15 shorthand so everyone's gonna have to
49:17 bear with me a little bit tonight but
49:18 that is how I wrote everything out so I
49:21 do appreciate it like I said I just
49:22 that's what I noticed I appreciate many
49:25 doubling back and explaining that so
49:27 that takes care of my questions for part
49:29 five yeah we do have a Christian online
49:32 to enter your affordable housing
49:34 question
49:36 if you don't mind repeating for her
49:39 no not at all
49:41 hi Kristin
49:44 on page 255 of 946 at the bottom I'm
49:49 just wondering how we got these
49:50 particular numbers for affordable
49:52 housing I'm just wondering if they were
49:53 provided by Arch were these provided by
49:55 a comparative City just wondering how we
49:59 got these numbers
50:04 there so I'm trying to catch up I only
50:08 have one screen what is the number is it
50:10 it's 18514
50:13 do you know no I don't
50:20 know
50:22 what are the
50:25 sorry I'm still trying to get there so I
50:27 pulled it up on the screen I think if
50:29 you all oh thank you is there okay
50:33 do you see the Set uh
50:36 you're talking about some numbers
50:38 correct
50:40 so are they under
50:44 514020 it was the section
50:48 like I said unfortunately no um
50:50 commissioner is at the at the bottom of
50:53 that page there is the piece on square
50:55 footage could that be the numbers that
50:57 you were talking about like I said I'm a
50:59 little lost without my tone okay yeah
51:01 there's this square footage of
51:02 affordable housing units within a
51:04 development with affordable units no
51:06 market rate in general must be no less
51:09 than 500 square feet for Studio unit
51:12 600 for one bedroom and 800 for two
51:14 bedroom and thousand for three bedroom
51:16 does that ring correct and then it says
51:20 the direction the director has a
51:22 discretion to approve proposal for
51:24 smaller units based on criteria that the
51:27 rooms within the units provide adequate
51:29 space for intended residential use and
51:33 the affordability level is decreased
51:36 from what is required by the code
51:39 so the numbers are 500 600 and 800 and
51:43 thousand correct typical and I'm
51:46 wondering where we got those numbers so
51:47 I'm wondering if the comparative city is
51:49 this we were they provided by Arch I'm
51:51 just wondering where City got these
51:52 numbers
51:54 yes we worked with this is Kristen
51:56 Leeson senior planner and we did work
51:58 with
51:59 on those numbers and did do they are
52:03 they're comparable to other cities in
52:05 fact in most cases I think they're
52:06 exactly the same
52:09 great thank you Kristen yeah you better
52:10 believe I won't forget my book next week
52:14 all right any further questions uh Vice
52:17 chair Bader yeah just a quick question I
52:20 think I've asked this um before but
52:24 um the it reads under the required
52:28 affordable housing so 18 514070
52:32 um it has the inclusionary zoning just
52:33 in central Issaquah it's my
52:35 understanding though right that we'll
52:37 look to potentially expand outside that
52:38 in the housing kind of Grant
52:40 conversations
52:43 yes that is part of our uh housing
52:46 action
52:48 plan implementation grant that we
52:50 received and it's part of our housing
52:52 strategy is to expand inclusionary
52:54 zoning and we are working with
52:56 Consultants right now
52:58 about how how to do that
53:00 and where all right all right that's
53:01 what I thought thanks
53:05 any further clarifying questions on part
53:08 five
53:10 all right I think we go to part six
53:21 part six includes all of these things
53:23 Urban Design site planning building
53:26 design parking Landscaping outdoor
53:28 spaces
53:30 lighting signs
53:37 Vice chair Bader thanks I have a
53:40 question on the outdoor amenity space
53:42 and the like purpose of that is that for
53:44 like use of residents within that
53:47 development or is there like some
53:48 intended public benefit of that outdoor
53:51 space
53:51 yeah so I think for residential
53:53 developments that is the the intent for
53:55 the folks living in that development
53:58 um there are some plazas and other kind
54:01 of requirements for commercial so there
54:02 would be a public space for those
54:05 and then if you if that chapter also
54:07 includes the trail connections you so if
54:10 you have to build a road along the
54:12 street Frontage you know Mountain sign
54:13 Greenway trust or or some trail
54:15 connection that would be a public
54:16 connection
54:30 I just had one question regarding Park
54:32 and there I don't have the exact
54:35 um number for the page but I read it in
54:39 a piece where it said the vision for
54:41 Parkin is for today with possible
54:45 conversion in the future per se so just
54:49 an elaboration on that and Park in in
54:52 part six on the vision for parking
54:54 within Issaquah
54:58 for a for an open space section do you
55:03 think
55:04 yeah I think it it
55:06 pertains to existing Park and now or
55:10 actually for development basically how
55:13 we would essentially
55:18 from what I see the intent was more so
55:20 to limit parking for I guess you could
55:24 say like Vehicles gas vehicles and
55:26 promote
55:27 um other forms of transportation per se
55:33 um let's see if we can
55:35 figure out which section that might be
56:07 the essence I believe was to promote
56:09 other modes of transportation
56:13 that may reduce the the parking
56:16 requirements within the city
56:19 but do you think it was in the community
56:20 in amenity spaces chapter
56:24 I believe I what I can do I can dig in
56:27 in price and then send an email
56:30 to get more clarification
56:46 any other clarifying questions as far as
56:48 part six
56:51 all right I'm looking at my notes and
56:52 you know what's funny
56:53 as is I as they continue I'm starting to
56:57 note like the tables so I think what
56:59 happened is just the amount of homework
57:01 scared me so I was just trying to burn
57:03 through them with shorthand it's not a
57:06 small task so we really really
57:07 appreciate all of you spending your
57:10 personal time going through a very
57:11 complex document but I think as I
57:13 started burning through it I got more
57:15 comfortable I could slow down so this is
57:17 the last one that's going to be a little
57:18 odd but uh
57:20 page 370 of 707 does that help a little
57:23 bit more if we're actually going through
57:25 the the draft code so page 370 of 707
57:29 there's new language based on the
57:31 approach
57:33 of through block passages
57:35 so the question is I believe it mentions
57:38 there's a restriction if it's a private
57:43 property right so technically it doesn't
57:46 need to be used for public use
57:48 so if there's a trail that abuts to a
57:51 private residential and it goes through
57:54 and it's not technically for public use
57:56 what does that do for the city's green
57:58 necklace
58:01 so can you repeat that so you have a
58:03 problem
58:04 Trail that's adjacent to that property
58:07 but not on the property right it just
58:09 the wording it describes it going
58:10 through
58:12 um right it goes through a private
58:15 property where it's restricted to public
58:17 use but residents may be like a
58:19 multi-family all right so now it's only
58:22 it's restricted to those people in the
58:23 multi-family development how does that
58:25 work for the city's Greek necklace
58:28 right I mean do people just stop where
58:31 that I mean for example and I I'm let's
58:34 just say you're going through the veil
58:37 um where you're going through
58:40 what's next to the veil um Atlas Atlas
58:42 right in the city's green necklace is
58:44 going through it but they have a fence
58:46 and the trail is only in that part of it
58:48 I mean is that what the is that what
58:50 it's stating there that's my question
58:54 and this is 370 page number 370. correct
59:00 um I'll share my screen I have questions
59:03 get better after this
59:06 I will pull it up
59:09 um so you can yeah
59:12 it looks like you're for a number two it
59:15 could be because it says for residential
59:17 uses the trail is not required to be
59:19 open to the public but it must be easily
59:21 accessible for all residents thank you
59:23 commissioner Altima you are welcome with
59:25 the save
59:36 I'm not sharing
59:40 369 okay
1:00:06 so uh 18608-050
1:00:10 is that the section
1:00:12 we're looking at
1:00:14 someone said that
1:00:16 that's page 360. yes Minnie that's the
1:00:20 section go to 4A takes a village so the
1:00:23 intent is this section establishes
1:00:26 additional development requirements for
1:00:28 sites located adjacent to green necklace
1:00:30 amenities
1:00:32 B shows the map
1:00:34 of city-owned parks open spaces and
1:00:37 trails that form the green necklace
1:00:40 and we're saying that the map may be
1:00:42 updated as the city purchases additional
1:00:44 you know areas or anything like that
1:00:46 it's a subsection
1:00:49 c4c it talks about a site that meets the
1:00:53 description for more than one of the
1:00:55 following locations must meet the
1:00:57 development requirements for each
1:00:58 applicable location
1:01:01 any site sharing a property boundary
1:01:04 with a city-owned park or open space
1:01:10 C4 okay
1:01:14 any site abutting city-owned Trail
1:01:17 including those shown
1:01:19 side abutting city-owned Trails the
1:01:22 development must provide a trail
1:01:23 connecting to the development side to
1:01:25 the park
1:01:29 that's right there mini 482 for
1:01:33 residential uses the trail is not
1:01:34 required to be open to the public but it
1:01:37 must be easily accessible for all
1:01:39 residents so that's my question is does
1:01:41 the green necklace just have gaps in it
1:01:43 where
1:01:44 it just stops
1:01:47 yeah you know this is a section that we
1:01:49 went back and forth with the parks
1:01:51 department as well and and others and so
1:01:54 um I think
1:01:56 um where what this is getting at is
1:02:01 I think you have to look at it from the
1:02:04 perspective of
1:02:07 uh yeah Stephen seems to have figured
1:02:09 that one out so uh Stephen put a long
1:02:11 range planning manager so uh the
1:02:13 intention with the language is basically
1:02:14 you have the uh the core Network for the
1:02:16 green necklace what this is requiring or
1:02:19 this section is requiring is any
1:02:21 development adjacent to it is creating a
1:02:24 basically a connection to it for that
1:02:27 development not necessarily as
1:02:28 pass-through but for the development
1:02:30 itself
1:02:32 thank you that was very helpful Stephen
1:02:34 thank you
1:02:37 that's it for me
1:02:41 all right I believe we can move on to
1:02:43 clarifying questions for part seven
1:02:55 neighborhood overlays
1:02:58 any questions concerning neighborhood
1:02:59 overlays
1:03:08 old town is 18700 Central is 702.
1:03:12 Highlands is seven or six and Talus is
1:03:16 708. so those are the four chapters
1:03:18 right I mean a lot of this section was
1:03:20 basically lifted and adapted so there's
1:03:22 not a lot of new stuff here
1:03:25 all right going once going twice
1:03:28 all right we'll see if we get any more
1:03:30 for environment part eight
1:03:47 all right here's a general question
1:03:49 chair voice uh threshold determination I
1:03:52 was able to do my own I know you guys
1:03:54 refer to it as far as going to sipa and
1:03:57 things like that but could you give a
1:03:58 little bit more context as far as the
1:04:00 process
1:04:02 right just as far as the DNS I mean I I
1:04:06 get it I just it's it's a little bit
1:04:07 convoluted and again I know you can't
1:04:09 write basically c book into the code but
1:04:12 it took me a little while to find it
1:04:13 like I said it breaks it down when I
1:04:15 actually looked at the
1:04:19 the wac I mean it's quite convoluted and
1:04:21 then you go to the sipa website it's
1:04:22 much it's easier to understand
1:04:24 but as far as the process sure so uh
1:04:28 State Environmental Policy Act uh was
1:04:31 initiated in 1970s when cities did not
1:04:34 have a lot of regulations you know to
1:04:37 protect critical areas or an impact and
1:04:39 things it's a tool in addition to the
1:04:42 development regulations that the city
1:04:44 has so things like that may fall through
1:04:46 the cracks CPA can be used as a you know
1:04:49 there's this impact it needs to be
1:04:51 mitigated
1:04:52 um and CPA can be used as a tool for
1:04:54 those mitigation assessments so the
1:04:57 different levels of determination
1:04:59 depending on the impact that might come
1:05:01 through so for a project of any scale
1:05:04 first test is whether it whether it
1:05:07 needs to go through cipa or not is it
1:05:09 exempt or not exempt and that level that
1:05:12 threshold of whether it's exempt is
1:05:15 regulated by the state law of what you
1:05:17 what can be Exempted and what can't be
1:05:19 the cities can adopt these flexible
1:05:21 thresholds and that's where we have some
1:05:23 flexibility and we have had the lowest
1:05:27 you know four units and four thousand
1:05:30 square feet it can go up to 60 units and
1:05:33 30 000 square feet big and that's the
1:05:36 guidance from you know a lot of work was
1:05:38 uh occurred at the state level and those
1:05:40 were the the bookends that were set up
1:05:43 um so the first test is is it exempt or
1:05:45 is it not exempt if it's not exempt then
1:05:48 you start out with
1:05:50 in in our study it would be if you are
1:05:52 locating it within Central Issaquah then
1:05:55 you could be considered a planned action
1:05:57 under the planned action ordinance so
1:05:59 the city did an Eis and when they did
1:06:03 the central escort plan looked at this
1:06:05 is how much can be built in the Air
1:06:07 Supply these are the number of trips
1:06:09 that can come in here without an
1:06:11 additional impact so they looked at it
1:06:13 more at a sub-area level and identified
1:06:15 what mitigations might be needed as
1:06:17 development occurs so it's a little
1:06:19 complicated for for us because there's
1:06:21 the planned action piece that can occur
1:06:23 but other outside of that planned action
1:06:26 uh you would fill out a checklist and
1:06:29 it's a department of ecology's required
1:06:31 format for the checklist you look at
1:06:33 impact to the air the water quality you
1:06:36 know there's multiple things you
1:06:38 evaluate you say how your project may
1:06:40 impact or not the applicant submits that
1:06:43 the city doesn't notice the post site is
1:06:45 posted and we evaluate the checklist to
1:06:48 say yes there is an impact or no if
1:06:51 there is no impact from that proposed
1:06:53 development we issue a determination of
1:06:54 non-significance and but it is
1:06:57 appealable there's a comment period and
1:06:59 then it can be appealed as
1:07:01 administratively under our code
1:07:03 if there is an impact then you can work
1:07:07 with an applicant and mitigate that
1:07:09 impact and the city can then the the can
1:07:12 issue a mitigated determination of
1:07:15 non-significance that there might be an
1:07:17 impact but if you do these mitigation
1:07:19 things there's not an impact if it is
1:07:22 truly a huge impact on whatever category
1:07:25 of environment then it can be a
1:07:27 determination of significance be issued
1:07:29 and a full Eis should be done for that
1:07:31 project so it's different scales of
1:07:34 projects and different review but
1:07:35 majority of them fill out a checklist
1:07:37 and you know any impacts are regulated
1:07:41 through our development and that's the
1:07:42 basis for why it makes sense to raise
1:07:45 some of those thresholds and streamline
1:07:47 some of the processes
1:07:50 thank you
1:07:51 any other questions as far as the
1:07:54 environment
1:07:55 commissioner Essen White
1:07:57 yeah this is in regards to the critical
1:07:59 Aquifer
1:08:00 recharge area regarding non-conform and
1:08:04 existing properties
1:08:07 um and and correct me if I'm wrong I
1:08:09 didn't see any area where it talked
1:08:11 about limited expansion to exist in
1:08:15 non-conforming properties within that
1:08:21 um sure so um I I think if I understand
1:08:23 your question correctly
1:08:26 the the critical Aquifer recharge area
1:08:29 there are four classifications compared
1:08:32 to three from before so as part of that
1:08:35 update is also a list of prohibited land
1:08:38 uses so if there is an existing business
1:08:42 uh it you know that the prohibited land
1:08:44 use is no new business and in that list
1:08:47 can go come be located within those
1:08:50 designation areas that are designated as
1:08:53 Kara one two and there may be you know
1:08:56 other prohibitions if you are an
1:08:59 existing business in Cara one or two and
1:09:03 you're on that prohibited list you can
1:09:05 continue to operate I think one one of
1:09:08 the comments you receive from Lakeside
1:09:09 and they're here today represented so
1:09:12 they can speak to their concern with
1:09:14 that language is that it it's not
1:09:16 explicitly clear for how the
1:09:19 non-conforming you know if that they
1:09:21 would become non-conforming and then the
1:09:23 non-conforming chapter would apply so so
1:09:27 the non-conforming chapter has multiple
1:09:29 thresholds you know if you don't meet
1:09:31 the setback or you don't meet your
1:09:32 parking requirements or so those are
1:09:34 things that if you're non-conforming
1:09:36 standards or there's a section about
1:09:39 non-confirming uses so there are
1:09:42 prohibitions for non-conforming uses
1:09:44 like if you have not in operation for x
1:09:46 amount of years or whatever then then
1:09:48 you become a you know thing so so I
1:09:52 think the tie in between the prohibited
1:09:54 uses list and the non-conforming chapter
1:09:57 is the is the part that's been raised as
1:10:00 a as a that there is not a not a strong
1:10:04 Link in in terms of all Clarity of how
1:10:06 that would apply exactly and would this
1:10:11 talk about
1:10:13 um to the point of
1:10:15 if we have that existing property within
1:10:18 that care area and and that property
1:10:22 owner wants to expand how would that be
1:10:26 addressed yeah we can clarify some
1:10:29 language related to that I think for now
1:10:33 for the purpose of Cara regulations is
1:10:35 to protect the water quality not to
1:10:37 limit their ability to expand
1:10:40 however you know they may be a gas
1:10:44 station that is on that prohibited list
1:10:47 used for instance they would be allowed
1:10:50 to do the maintenance they would be
1:10:51 allowed to replace their you know their
1:10:54 underground tanks and things so majority
1:10:56 of the pollution prevention is you know
1:10:58 underground tanks and how how can that
1:11:00 happen but does it make sense to allow
1:11:04 you know 10 additional underground tanks
1:11:07 probably not a good idea and I don't
1:11:08 think that's a realistic proposal that
1:11:10 anyone would propose but we do want them
1:11:13 to be if they were to expand
1:11:15 their building and they are in
1:11:17 compliance with zoning there's no
1:11:19 prohibition for that so it's only for
1:11:21 the things that may have a negative
1:11:23 impact on
1:11:25 um on the drinking water supply so so I
1:11:28 think that the other piece to that is
1:11:32 how would we limit the expansion because
1:11:35 that area is delineated
1:11:37 um that critical recharge area has
1:11:40 delineated for a reason because if
1:11:43 there's any leakage or whichever I know
1:11:46 it's protected but sometimes there's
1:11:48 leaks and it gets into the drinking
1:11:51 water into the ground water is there
1:11:55 um I think what you're saying right now
1:11:57 it's not
1:11:59 um it's not spoken the language isn't
1:12:01 spoken to right now it appears to be
1:12:04 creating some confusion so yeah okay so
1:12:08 talk through it a little bit more or
1:12:10 look at it again sure okay thank you
1:12:15 thank you thank you commissioner
1:12:18 any other questions is regarding part
1:12:21 eight environment
1:12:24 all right so this one just
1:12:26 this one just is kind of copy so page 16
1:12:29 614 of 707
1:12:35 18.802.190 A3
1:12:38 so the notes the notes are getting
1:12:40 better I am a little slow so just give
1:12:43 me the page number again please
1:12:48 you're 14 6 14. of 707 yep
1:12:54 so I just don't remember discussing this
1:12:57 and this describes a wet season at the
1:12:59 discretion of the city
1:13:01 uh from October to April I believe is
1:13:03 what it said so how does that work in
1:13:05 terms of the permitting process right so
1:13:07 you're looking for geological hazards
1:13:10 um I just sounded interesting I just
1:13:12 wondering if you could speak to that for
1:13:13 a minute how does that work with permits
1:13:15 like if you are in a geological Hazard
1:13:17 and you want to see a wet season pass
1:13:19 before determining
1:13:22 viability being able to build how does
1:13:25 we've never talked about it so that
1:13:27 caught my eye sure uh we do have Jim
1:13:30 Johnson on the line who helped uh with
1:13:32 this I will defer to them but I will say
1:13:35 this section is really about the
1:13:37 mitigation of landslide hazards so if
1:13:40 there has been a landslide you know we
1:13:42 want to make sure that it any mitigation
1:13:45 that was done that it survives a typical
1:13:48 wet season so if you have you know and
1:13:51 that's defined from October to April in
1:13:53 a typical year but Emily Appleton our
1:13:56 engineering manager and Jim johnsoner
1:13:59 are you online
1:14:01 to take this one and explain
1:14:03 I can share my screen on which section
1:14:08 right here
1:14:12 hi I'm Emily Appleton I manage the
1:14:14 engineering department and we worked
1:14:16 closely with Jim Johnson of Golder to
1:14:19 develop this code so I am going to let
1:14:22 our expert Jim Johnson describe the
1:14:26 theory behind that
1:14:28 Emily if you could bring up the code
1:14:31 language
1:14:32 I think by your description of what you
1:14:36 mentioned I think I understand a little
1:14:38 bit what what is uh what you're talking
1:14:41 about but if you could bring enough that
1:14:42 would be helpful
1:14:45 um I think if it if I'm correct it's
1:14:47 pertaining to someone who may be
1:14:51 uh proposing a mitigation to stabilize a
1:14:56 landslide
1:14:57 uh and
1:15:00 what the code language would say is that
1:15:03 their mitigation needs to be shown to be
1:15:07 effective
1:15:08 by having the mitigation completed
1:15:12 and then
1:15:14 having the mitigation go through a
1:15:17 winter season
1:15:19 a winter wet season and the reason is is
1:15:23 that most of the landslides are caused
1:15:26 by either direct rainfall infiltration
1:15:29 or INF or fluctuations in the
1:15:32 groundwater level
1:15:34 so we would want to make sure that that
1:15:36 mitigation uh
1:15:39 holds through the winter so the the best
1:15:42 test of that mitigation is Mother Nature
1:15:45 itself
1:15:46 so that's the the idea behind it
1:15:53 excellent thank you yeah like I said
1:15:56 just caught my eye I don't remember
1:15:57 recall talking about it so I was like
1:16:00 okay well that does it for me
1:16:03 Commissioners any other clarifying
1:16:05 questions before we turn it over
1:16:09 all right
1:16:11 okay I believe we are now at the public
1:16:14 comment period of the public hearing so
1:16:17 I'll just mention this one more time we
1:16:19 do ask everyone whether they're joining
1:16:21 us in person or virtually to speak
1:16:24 clearly and pause for frequently please
1:16:26 state your name when you begin to speak
1:16:30 and if you are speaking virtually please
1:16:32 mute your microphone when you're not
1:16:34 speaking and if you're having any
1:16:35 technical issues uh try joining the
1:16:37 meeting using a different device such as
1:16:39 a smartphone or tablet
1:16:41 you could also use the call in
1:16:42 information into the meeting in the
1:16:45 meeting invite to call in
1:16:47 we do ask that people keep it to five
1:16:49 minutes or less so Jared I guess we can
1:16:53 start with the people in the room in
1:16:55 case they want to leave and then we'll
1:16:57 go virtual okay
1:17:04 foreign
1:17:06 hi everybody
1:17:08 thanks for allowing me to speak my name
1:17:10 is Kim Lee director of real estate
1:17:12 development at Lakeside Industries and
1:17:15 Issaquah resident
1:17:17 we submitted a comment letter that's
1:17:19 been referred to to staff and the
1:17:21 commission this afternoon and follow up
1:17:23 to our comments from last week and
1:17:24 previous
1:17:26 while our concerns with the Cara
1:17:28 regulations and non-conformants remain
1:17:30 perhaps more importantly we want to
1:17:33 convey our shared goal of protecting the
1:17:35 city's aquifer and drinking Wells
1:17:39 we've been operating in our same
1:17:40 Issaquah location for the last 70 years
1:17:43 and in that time we've taken great
1:17:45 measures to ensure a clean operation and
1:17:48 preservation of habitat
1:17:50 again we work here and we live here
1:17:54 we've planted over a hundred thousand
1:17:55 trees on our property and made a sizable
1:17:59 land donation to further City's
1:18:01 conservation goals
1:18:03 as written the car regulations would
1:18:06 deem our operation as we understand it a
1:18:08 legal non-conforming use
1:18:10 which would make it challenging if not
1:18:12 impossible to upgrade our facilities
1:18:14 into the future
1:18:17 in our letter we also noted that if
1:18:19 there are other that there are other
1:18:21 possible impacts to Residents and
1:18:23 businesses because of these Cara changes
1:18:25 Beyond just Lakeside
1:18:28 I also want to point out that we have a
1:18:30 dedicated land use and environmental
1:18:32 department at Lakeside whose job is to
1:18:35 ensure not only that we're complying
1:18:36 with all the rules and regulations
1:18:39 but they're also challenging us
1:18:40 constantly to continue reducing our
1:18:42 environmental footprint
1:18:44 we love it here in Issaquah and we want
1:18:46 to stay here
1:18:48 so it's important that the code be
1:18:49 written so that we can continue to
1:18:51 promote better outcomes for our
1:18:53 community and for our environment thank
1:19:00 thank you uh would anyone else in the
1:19:03 room like to speak
1:19:05 all right do we have anyone virtually
1:19:07 who would like to speak
1:19:08 no one has indicated that they would
1:19:10 like to speak at this time
1:19:13 we do have one
1:19:17 you're an error panelist you should see
1:19:19 the option to unmute and you have five
1:19:21 minutes
1:19:33 hi Joanna did you still want to speak on
1:19:35 public comment tonight
1:19:48 okay Joanna we're gonna come back to you
1:19:51 can you hear me now yes we can go ahead
1:19:54 and please okay I'm sorry about that
1:19:58 um my name is Joanna Bueller and I live
1:20:00 in a supply and I'm
1:20:02 um talking for Save Lake Sammamish
1:20:06 um you've received a letter from us
1:20:09 already a letter of comment which came
1:20:11 uh I believe was delivered to you today
1:20:14 I want to emphasize the need for
1:20:19 um Shoreline buffers on especially on
1:20:22 Lake tamamish
1:20:26 the water quality save Lakes of Amish
1:20:28 has worked for
1:20:30 almost 35 years now on water quality and
1:20:35 the water quantity in Lake Sammamish and
1:20:39 I'm particularly concerned about the
1:20:42 Kokanee and their survival these are
1:20:45 wild native Lakes managed Kokanee and
1:20:48 one of the things that is impacting them
1:20:50 is the temperature as we have the
1:20:53 climate change so that temperature of
1:20:56 the water is getting warmer in summers
1:20:58 and the lake Spanish without going into
1:21:01 lots of detail stratifies and so at the
1:21:06 by the end of summer the the top layer
1:21:10 of Lake Sammamish is too warm for
1:21:13 salmonets and that's Kokanee or Sakai or
1:21:17 any other salmonids including those
1:21:19 traveling to Esquire Hatchery
1:21:22 the lower portion of the water is too
1:21:26 has no oxygen so no fish can live down
1:21:30 there so there's the middle of the
1:21:31 sandwich which is exactly the right it
1:21:34 still has well it's not exactly the
1:21:35 right but it has sufficient
1:21:38 oxygen and is cool enough for the
1:21:42 salmonids to survive as we the
1:21:45 temperature of the lake goes up that
1:21:48 little middle of the sandwich that
1:21:50 Goldilocks zone is
1:21:54 um shrinking and it becomes squeezing
1:21:56 narrower and narrower
1:21:59 so we need to provide more shade on our
1:22:03 Creeks we need to provide more shade on
1:22:06 our Shoreline and if you look at Google
1:22:08 Earth
1:22:10 the lake salami Shoreline is pretty much
1:22:14 denuded of vegetation people have
1:22:18 removed all of the natural buffer zone
1:22:21 which they are supposed to have
1:22:25 and so we don't have sufficient
1:22:28 um vegetation to allow fish particularly
1:22:32 the the this fry to forage and to be
1:22:37 along the shoreline this is a real
1:22:39 problem and it's um getting worse the
1:22:43 King County did a report in May of 22
1:22:47 released in May 22 and it's the lakes of
1:22:50 Amish water quality and Kokanee report
1:22:53 and it documents and shows the evidence
1:22:56 of this lack of oxygen and increase in
1:22:59 temperature
1:23:00 uh one of the best things we can do is
1:23:03 get more cold water into the lake and
1:23:06 that means shading The Creeks making
1:23:08 sure they're shaded all the way down to
1:23:11 the lake
1:23:13 um and on the shoreline we have almost
1:23:16 all of the
1:23:18 vegetation particularly the mature trees
1:23:20 have been removed and what we would hope
1:23:24 you could do and make sure and there is
1:23:26 word wording to this effect to deal with
1:23:30 the cumulative impact and in our letter
1:23:32 there's specific
1:23:34 suggestions but we need to have people
1:23:38 when they have come in for any permit
1:23:41 they need to be required to re-vegetate
1:23:45 uh the shoreline and so that and it
1:23:49 should be tied to permit this is
1:23:52 particularly outlined in our letter but
1:23:55 I it it has real it sounds oh we want a
1:23:59 buffer zone here and we want trees
1:24:02 um but it has a real life impact and
1:24:05 whether or not we're going to have any
1:24:07 cell monitors remaining in Lake
1:24:09 Sammamish and this Watershed is a big
1:24:13 question as the lake warms and the water
1:24:17 warms like some Amish is fed only by
1:24:19 groundwater so again preserving those
1:24:22 Cara areas is very very important in
1:24:25 order to have cleaner cold water flowing
1:24:30 um so that's my my plea is for more
1:24:34 vegetative cover to help the wildlife
1:24:37 and the fish and the survival ultimately
1:24:40 of a very important resource which is
1:24:43 Lake Sammamish
1:24:45 um and we don't want to have dead fish
1:24:50 you know eutrophic Lake which is so rich
1:24:54 in nutrients that it's just uh dying
1:24:57 basically it's choking to death on
1:24:59 nutrients so thank you very much for
1:25:02 considering our comments and we
1:25:06 appreciate uh your efforts thank you
1:25:13 all right are there any further public
1:25:15 comments
1:25:17 there is one more present or one more
1:25:19 public comment they have raised their
1:25:22 um I will now make you a panelist and
1:25:24 you should now see the option to unmute
1:25:26 and you will have five minutes
1:25:31 ah shockingly it's Connie Marsh
1:25:35 he doesn't know me well enough to know
1:25:37 what cm is so uh yes agreeing with
1:25:40 Joanna
1:25:42 um which brings up that we can make all
1:25:45 the rules we want but if people don't
1:25:47 follow him and uh and everything
1:25:51 goes away we have to figure out how we
1:25:55 actually require them and enforce them
1:25:57 and that's probably a further situation
1:26:01 so onward
1:26:03 um one Wireless towers are allowed in
1:26:07 all Community facility zones and this
1:26:11 requires a city permission to use that
1:26:15 but that particular decision of yes no
1:26:19 on whether
1:26:21 someone should be able to use public
1:26:23 land is strictly administrative in this
1:26:27 uh and that needs to have a public
1:26:31 opinion after it gets into the after yes
1:26:34 and you say you're going to development
1:26:36 develop it then the public can speak but
1:26:40 the public should be able to speak
1:26:41 before it's even allowed
1:26:45 um and then I made a lot of comments
1:26:47 about the community spaces but they're
1:26:49 not in the chart addressing my comments
1:26:53 and so I'm not sure where they
1:26:55 disappeared to
1:26:57 um and I would like to to see them
1:27:00 actually out in the public I don't think
1:27:03 that that chapter is good to go it's too
1:27:06 confusing and conflicting in both
1:27:08 language and description so uh if you
1:27:12 could
1:27:13 do something about that trails should
1:27:16 not be allowed to mitigate off-site
1:27:19 after they intrude in a critical area
1:27:22 buffer that would actually be a buffer
1:27:25 reduction and we keep saying that we are
1:27:28 not allowing buffer reductions yet that
1:27:31 is in the code
1:27:33 and so are several other impacts to our
1:27:36 buffers as in utilities and the director
1:27:39 has an ability to reduce the buffer yet
1:27:42 we keep saying in the summary that we
1:27:44 are not allowing any buffer reductions
1:27:46 or buffer uh mitigations so that's not
1:27:50 that's not strictly true so we need to
1:27:52 examine those places where that they are
1:27:57 being allowed to be impacted and decide
1:28:00 whether we should or should not
1:28:03 um now this one is way off your radar
1:28:07 but the banners on Front Street
1:28:10 if you can picture front straight in
1:28:12 their banners those are only allowed for
1:28:14 non-profits that get money from the city
1:28:16 and then further activities specifically
1:28:20 funded by the city after the non-profits
1:28:23 profits have been funded but the there
1:28:26 is no language in the code guiding the
1:28:29 use of these banners and saying how it's
1:28:32 supposed to look or feel right now it
1:28:34 says they're supposed to support the
1:28:36 feel of Old Town which I actually have
1:28:39 never seen that happen with one of these
1:28:41 banners so I don't
1:28:44 I don't know if it's even true that only
1:28:46 people who are getting money from the
1:28:49 city should be able to use the banners
1:28:51 on Front Street they cost like five
1:28:53 hundred dollars to to put up a banner so
1:28:56 why would that only be for non-profits
1:29:00 funded by the city
1:29:02 I don't know
1:29:05 um the also the scheduling of
1:29:07 applications for those banners is more
1:29:11 than vague I tried to track it and uh it
1:29:15 was it was impossible to track and more
1:29:19 than confusing so that also needs to be
1:29:22 adjusted so I'm going to say a good
1:29:25 thing having the 150 foot buffers
1:29:29 is definitely an upgrade the new
1:29:37 uh criteria is is better the lack of
1:29:41 reduction for the most part is better so
1:29:44 I think you've gained a lot of territory
1:29:46 in this critical area section the
1:29:50 community space section needs a redo
1:29:53 it's just not functioning so no one's
1:29:57 spoken to that Community spacious spaces
1:30:00 section so I don't know what you think
1:30:04 about it but I would appreciate some
1:30:06 comment there okay thank you
1:30:13 all right Jordan
1:30:15 we do have two call-in users tonight I
1:30:18 am going to go through one of each just
1:30:21 to make sure that if they would like to
1:30:22 speak there given the option to call in
1:30:25 user three I will go ahead and unmute
1:30:27 you if you do not wish to speak please
1:30:29 refrain or let us know that you would
1:30:32 not like to speak
1:30:33 and you are unmuted
1:30:40 Fallen user 3 has not uh we'll we'll go
1:30:44 to four
1:30:45 column user 4 you will be unmuted
1:30:54 206 300
1:31:02 and we have no one else left to speak
1:31:04 tonight
1:31:06 foreign
1:31:07 we'll give it to 10 seconds unless
1:31:09 somebody throws up a hand
1:31:22 no one else has indicated that they
1:31:24 would like to speak
1:31:25 all right thank you Jared and I do want
1:31:26 to thank all three of our uh public
1:31:29 commenters this evening uh two of them
1:31:31 who have also written in I know that
1:31:34 we've received their emails as well so
1:31:37 hopefully everyone's read them and it'll
1:31:40 be able to help us make a better and
1:31:42 even more informed decision
1:31:45 with that said we will close the public
1:31:47 hearing this evening at 8080 803 pm
1:31:56 Commissioners we are ready to deliberate
1:31:58 uh as far as Parts five through eight
1:32:01 this evening
1:32:03 and I think we'll have many guide as
1:32:04 we'll bring up with the staff questions
1:32:06 the policy questions and then at the end
1:32:08 we can deliberate on anything you've
1:32:10 heard including the public commentary
1:32:11 this evening or
1:32:14 anything off topic but let's start with
1:32:16 a guided conversation and we'll just
1:32:19 start with policy question I believe
1:32:21 that was for Minnie policy question
1:32:23 before yeah the first one
1:32:25 is the related to outdoor amenity space
1:32:32 commissioner altamore
1:32:35 thank you so in looking at the options
1:32:37 that have been proposed by the staff I
1:32:40 would like to suggest
1:32:42 um option one but but allowing for no or
1:32:46 not allowing balconies to meet that
1:32:48 requirement which is specified from
1:32:50 other cities option two the hundred
1:32:52 square feet can be really cost
1:32:53 prohibitive for the development of
1:32:55 multi-family housing and just feels like
1:32:57 too big of a stretch for larger
1:32:59 developments for smaller ones maybe
1:33:01 there could be some criteria or some
1:33:03 tiering that could be put in there but
1:33:05 my preference would to see would be to
1:33:07 see us keep the 48 feet but not allow it
1:33:09 to be uh
1:33:11 uh qualified by balconies
1:33:16 commissioner Kennedy
1:33:18 as clarification my recollection when
1:33:21 you talked about this a policy question
1:33:23 was that the option to the 100 square
1:33:26 feet is sort of in accordance with
1:33:31 comparable cities
1:33:33 is that correct that's correct we had
1:33:35 included with your packet before peer
1:33:38 City research so in the January 12th
1:33:40 agenda packet of what some of the other
1:33:43 cities require and
1:33:45 um you know from from that research
1:33:47 bottle Kirkland have 200 square feet per
1:33:49 unit requirement and so but going from
1:33:53 48 to 100 is where we had recommended
1:33:58 so yeah we did look at peer cities and
1:34:01 and made that recommendation
1:34:05 thank you I think with peer cities at
1:34:10 um you know a much larger amount that
1:34:12 sort of that happy medium between our
1:34:14 current 48 and their use of 200 the 100
1:34:17 makes a lot of sense
1:34:21 yeah commissioner Kennedy commissioner
1:34:22 altimore
1:34:24 so I looked at that as well and um there
1:34:27 this conversation is actually happening
1:34:29 in all of the peer cities as well and
1:34:31 there's a lot of advocacy from housing
1:34:33 developers both on the affordable and
1:34:35 the uh the market rate side to reduce
1:34:39 these because they are impacts to
1:34:41 development so it is just something I
1:34:43 want us to consider and that's why I'm
1:34:45 saying if we don't stick with the 48 I
1:34:47 would rather we look at a tiered system
1:34:48 rather than just across the board a
1:34:51 standard 100 because even in the cons in
1:34:53 that original uh policy question packet
1:34:55 it is identified that that can be very
1:34:57 prohibitive or very large with a larger
1:35:01 larger development
1:35:04 commissioner Patterson
1:35:07 I'd like to piggyback on that as well
1:35:09 I'm in alignment with what commissioner
1:35:12 altamora said I did the most American
1:35:14 thing I could think of which was take
1:35:15 the example and compare it to a football
1:35:17 field so 30 000 square feet for a 300
1:35:21 unit that's literally half a football
1:35:22 field uh at that basically option two so
1:35:26 if you consider a 300 unit which is I
1:35:29 think one is going in by the transit
1:35:30 center over by Tibbetts uh in the near
1:35:32 future imagine then on top of their
1:35:35 building also having you know 50 yards
1:35:38 of a 50-yard football field of um
1:35:40 outdoor amenity space now there is of
1:35:43 course rooftop I think is considered an
1:35:45 outdoor space things like that where you
1:35:48 could kind of see it working in some
1:35:50 ways but to your point
1:35:52 you know it might make sense for a
1:35:54 hundred unit to have 100 square feet
1:35:55 that's a more reasonable size but if
1:35:58 you're talking about a 300 unit where
1:36:00 you're having to also accommodate such a
1:36:02 huge area of outdoor amenity space I'm
1:36:05 kind of more in line with
1:36:06 maybe a tiered approach where we would
1:36:08 be able to consider you know the size of
1:36:11 the property itself or the building
1:36:12 that's going there itself as well as the
1:36:15 amenity space
1:36:17 foreign
1:36:18 thank you
1:36:20 would anyone else like to speak to Vice
1:36:23 chair Bader
1:36:24 I guess this is more of a ction than a
1:36:27 comment of like what actually is outdoor
1:36:30 amenity space you know can it be like a
1:36:32 grassy area
1:36:34 um you know on the side of the parking
1:36:36 lot does that count as like outdoor
1:36:38 amenity space if it has like a bench on
1:36:40 it or something or is it like
1:36:42 kind of perky more perky area
1:36:46 um Christian may be able to get you the
1:36:49 specifics I think we Define
1:36:51 um an amenity space outdoor
1:36:57 foreign
1:37:04 yeah so it can it can include uh and it
1:37:07 can it can be broken up into multiple
1:37:09 areas so it could be rooftop amenities
1:37:11 it could be ground floor amenities it
1:37:13 could be you know private private you
1:37:16 know Community open space that's not
1:37:18 open to the public so it's not just kind
1:37:20 of in a in a an example of a 300 unit
1:37:24 building with a rooftop amenity
1:37:26 as kind of the only space you know the
1:37:28 idea is that there is ground floor areas
1:37:32 um and it's indoor and outdoor so it you
1:37:34 know there are outdoor requirements
1:37:35 there's indoor so it could be you know
1:37:37 kind of Blended
1:37:38 um with some of those thresholds
1:37:46 commissioner SM wait it
1:37:48 then so and this in a way clarifying A
1:37:52 little bit of a question
1:37:54 um so you stated that it's indoor and
1:37:57 outdoor these amenity spaces I believe
1:38:00 on a previous
1:38:03 um session we were told that in this in
1:38:06 the Highland area esca Highlands
1:38:09 typically they use 200 to 250 square
1:38:14 yes so um that's you know we have a
1:38:17 requirement in our in our existing code
1:38:19 uh for new parks and standard of 250
1:38:24 square feet per new unit and so anything
1:38:28 going in new you know most of those
1:38:30 places are already built but so for
1:38:32 instance in Telus you have existing
1:38:34 Parkland but if if we were putting in
1:38:36 new units in there you would have to
1:38:39 have 250 square feet uh per unit
1:38:42 requirement so that is already in the
1:38:44 code and we carried that forward we did
1:38:46 not make that change any change to those
1:38:48 regulations and then
1:38:51 the central Issaquah is the one that had
1:38:54 the 48 square feet and then the rest of
1:38:56 the city I think doesn't have one now or
1:39:00 it was deferring to Central so you know
1:39:02 you had those five different codes uh
1:39:04 pointing to each other and so we've kind
1:39:06 of brought them together in one section
1:39:09 but also part of this chapter is
1:39:12 since the code was updated the city did
1:39:15 the park strategic Plan update where is
1:39:17 this concept of green necklace that
1:39:19 comes into play of having these parks
1:39:21 and then these connections uh between
1:39:23 the parks so
1:39:25 um and some policies at the
1:39:27 comprehensive plan level of uh you know
1:39:29 how how much the Community Values those
1:39:32 outdoor spaces and amenities so that is
1:39:35 all that led to our recommendation on on
1:39:38 on this issue yeah and that's where I
1:39:40 was going to lead to about like the
1:39:42 public benefit and if it improves the
1:39:45 the um the experience of the of the
1:39:48 Issaquah constituents
1:39:50 um basically I'm actually for the 100
1:39:52 square feet per unit very well thank you
1:39:58 hmm thank you thank you commissioner
1:40:02 Vice chair Bader
1:40:04 yeah I'm for it as well I think that a
1:40:07 you know a balcony serves a very
1:40:09 different purpose than a rooftop than
1:40:11 you know a playground
1:40:13 um and I think
1:40:15 um to commissioner esimoto's point just
1:40:17 about kind of like the sense of
1:40:18 community the quality of living space
1:40:21 that we're providing and also support
1:40:24 the kind of increase to 100 and I
1:40:26 remember on the tiered point and this
1:40:28 might be different than what you're what
1:40:29 you're talking about remember the first
1:40:31 time we talked about this we had talked
1:40:32 a little bit about oh should we give
1:40:35 um exceptions or you know allow for less
1:40:38 if it's affordable and we kind of talked
1:40:40 about the loss of that sort of space if
1:40:42 we did something like that and that's
1:40:43 not what we want to encourage in you
1:40:45 know affordable housing
1:40:47 um you know that's being built and so
1:40:50 um I support it for the you know 100
1:40:51 kind of across the across the board
1:40:53 given that it can be made up of multiple
1:40:56 different types of amenity spaces
1:41:01 foreign
1:41:02 ER yeah I I'm in agreement with
1:41:06 commissioner SM Wade Vice chair Bader
1:41:09 um I believe commissioner Kennedy as
1:41:10 well but uh yeah I think 48 is is very
1:41:14 minimal and I think 200 might be a
1:41:17 little bit too big for our Township at
1:41:19 this point there's not a lot of 300 plus
1:41:22 buildings that I'm aware of I think the
1:41:23 last one was built along I-90 you know
1:41:27 the place where I live I think is 130 30
1:41:29 units and it's quite big
1:41:33 um I have no problem going up to 100
1:41:35 square feet I do think
1:41:38 we can do it yes an up or down but it
1:41:42 wouldn't bother me either it'd be
1:41:44 interesting to see the tiered thing
1:41:45 because again if you do have buildings
1:41:48 that get over to 300 units uh you know
1:41:51 maybe we do take a look but I'm
1:41:53 comfortable with option two myself
1:41:56 maybe at this point and again because
1:41:59 I'm actually I did bring this
1:42:02 I did bring this agenda so I'm looking
1:42:04 at Mountlake Terrace looking at uh
1:42:07 some of our peer cities Kirkland Bothell
1:42:10 these were these are all at 200. I mean
1:42:12 bellevue's at 800. so we're we're at 48
1:42:16 right now I think we can use an upgrade
1:42:21 we want uh would anyone like to
1:42:24 let's do this who's all in favor for
1:42:27 option two as it stands
1:42:33 all right so we're gonna move on
1:42:36 it was almost a majority oh no I'm sorry
1:42:38 it was almost uh unanimous so
1:42:43 we had one hold up
1:42:49 all right we'll go to policy questions
1:42:51 number two is on the steep slope buffers
1:42:55 and our recommendation is option one
1:43:09 foreign
1:43:12 option one gives the developer the
1:43:17 flexibility of just moving forward with
1:43:20 the proposed code at a 50-foot buffer
1:43:23 and if they would want to reduce that
1:43:27 buffer they would have to be able to
1:43:30 show evidence in in of the site
1:43:33 conditions to be able to get to that 10
1:43:36 feet so I think from an economic
1:43:38 economic standpoint option one would
1:43:41 actually be
1:43:43 one of the options the actually only
1:43:45 option that I would support on on this
1:43:51 thank you commissioner
1:43:54 anyone else like to weigh in on policy
1:43:56 question five
1:43:59 nice chair Vader all right come up with
1:44:02 something
1:44:03 um yeah I support option one two I think
1:44:05 the con is kind of interesting the
1:44:07 public perception con because presumably
1:44:10 staff don't believe that that's the case
1:44:12 and it won't result in similar outcomes
1:44:14 and therefore that'll be overcome you
1:44:16 know by implementation anyway yeah I
1:44:18 mean it's true the city has granted
1:44:20 these buffer reductions in a very
1:44:21 regular basis but uh those are based on
1:44:24 science those are based on the
1:44:26 geotechnical engineers agreeing so
1:44:29 unless you know you know what went into
1:44:31 that decision you may perceive that
1:44:33 everyone gets this but it's based on
1:44:36 safety factors and other other reasons
1:44:39 so yeah yeah because the others just
1:44:41 feel like kind of over complicating for
1:44:43 the sake of over complicating which I
1:44:45 don't think is
1:44:46 valuable
1:44:49 Mr Patterson
1:44:51 I'm in alignment with the two
1:44:53 Commissioners that have spoke I think
1:44:55 last time we brought this up I did
1:44:57 try and advocate for the public
1:44:59 perception a little bit to ask about
1:45:00 option four as that seemed like maybe a
1:45:02 middle ground but
1:45:04 um I think you did a great job
1:45:05 explaining it last time director about
1:45:07 that one line there on option one which
1:45:09 is peer review determines exact buffer
1:45:11 based on site conditions I mean I think
1:45:13 that that's the most Fair across the
1:45:15 board I mean we're checking the safety
1:45:17 box we have it's pretty clear-cut what's
1:45:19 available there two and three are over
1:45:21 complicated and and four is a little too
1:45:23 rigid so I think one gives the best
1:45:25 flexibility and and checks all the boxes
1:45:33 thank you anyone else would like to
1:45:35 comment on policy question five
1:45:39 okay I'm basically in agreement I was
1:45:41 torn I was between one and four but I
1:45:43 think commissioner Patterson said it
1:45:45 pretty well number four seems a little
1:45:47 rigid and if you're already doing the
1:45:49 peer review
1:45:50 it it pays for itself right so you
1:45:53 should have the obliga you should have
1:45:54 the flexibility that comes with those
1:45:56 peer reviews I mean that's why we get
1:45:58 um to be quite honest perception is not
1:46:00 a concern to me I mean if it's effective
1:46:02 policy it's effective policy just
1:46:03 because people don't think you did
1:46:05 anything that's that is not the right
1:46:07 reason to be making policy so I'm in
1:46:09 agreement policy uh option one
1:46:13 all right so to help lighten the burden
1:46:17 for next Thursday all in favor of option
1:46:20 one please raise your hand
1:46:24 unanimous
1:46:25 great thank you and we can have our
1:46:28 consultant who joined us thank you Jim
1:46:30 Johnson you're free to go we're going to
1:46:34 move on to the next topic
1:46:36 thank you Minnie
1:46:40 so number six is this critical area code
1:46:43 for homeowners
1:46:47 and we laid out two options
1:46:52 and we've morphed them based on some
1:46:54 feedback that we needed to kind of
1:46:56 explain these a little bit more so I
1:46:59 have them up on the screen if you need
1:47:01 me to go through them again
1:47:07 so I mean basically under option one
1:47:09 we're not changing any policy other than
1:47:12 clarifying that we would not require a
1:47:15 critical area study if you have a patio
1:47:17 and you want to enclose it so if you
1:47:19 already have an impervious surface
1:47:20 you're not expanding into the buffer or
1:47:22 anything but so that's the only thing
1:47:25 option one would do option two is
1:47:27 changing some policy to allow smaller
1:47:31 additions for homeowners
1:47:33 and coming up with some criteria for
1:47:36 when you know how to put some bookends
1:47:39 and and make sure that it doesn't
1:47:40 degrade the environment over the long
1:47:44 foreign
1:47:47 like to speak to uh policy question six
1:47:52 commissioner altimore
1:47:54 thank you so under option two uh number
1:47:58 one says expansion is in the outer 25 of
1:48:01 the required buffer so that means that
1:48:03 there would be expansion into the buffer
1:48:05 but there wouldn't be a the critical
1:48:07 area of study
1:48:10 uh yeah I mean the the intention here is
1:48:13 that you're not you know if if your
1:48:15 stream is right there we're not going to
1:48:16 let people go extremely close to it that
1:48:19 it's far away you have 150 foot you know
1:48:22 not this won't have been applied to the
1:48:24 Shoreline stuff but for wetlands and
1:48:27 other things that as long as you you
1:48:30 know it's it's ways away and you're only
1:48:32 you know adding a 10 foot Edition and
1:48:35 you you're going to plant your buffer
1:48:37 and you're going to expand your buffer
1:48:39 in another area but close to where your
1:48:41 home is you have a little bit of an
1:48:43 impact
1:48:44 um we it'll be challenging to do that
1:48:47 without a critical area study I think
1:48:50 some of that burden would be borne by
1:48:52 the city to go verify the boundaries we
1:48:55 would have to do some assessment of our
1:48:57 to make that happen so it's not the
1:49:00 cleanest way to do things and it could
1:49:03 be challenging to implement
1:49:07 is it possible to implement option two
1:49:10 if they are out of the buffer if it is
1:49:13 side or on the other side of the
1:49:15 building and they don't go they can do
1:49:16 that now I mean they can't yeah um so
1:49:19 under option one we could expand that to
1:49:21 say so you're getting that you don't
1:49:24 need a critical area study if you are
1:49:26 not only expanding on the impervious
1:49:28 surface but you're also expanding
1:49:30 outside of the buffer I think someone
1:49:33 will have to make that call that it's
1:49:35 clearly outside the buffer
1:49:37 um oh and without the critical area
1:49:39 starting correct gotcha okay that makes
1:49:41 sense thank you
1:49:44 great comment that helped me too
1:49:46 commissioner
1:49:49 and that expansion outside of the buffer
1:49:52 would still
1:49:53 um be bound to the requirements for
1:49:58 um like water quality like if you're
1:50:00 expanding outside the critical buffer
1:50:03 but you're changing green area to
1:50:05 impervious area
1:50:07 you would still be required to meet the
1:50:09 water quality standards correct yeah so
1:50:12 yeah the stormwater regulations will
1:50:14 have to they'll have to comply with that
1:50:16 absolutely okay
1:50:18 very well thanks I I'm actually for
1:50:21 option one per se with those
1:50:23 clarifications from
1:50:25 um commissioner altimore
1:50:30 thank you would anyone else like to
1:50:31 speak to uh this policy question
1:50:34 please
1:50:37 coming in late is one of the newer
1:50:39 Commissioners is there a problem with
1:50:41 option one that people have identified
1:50:43 that we want to try to fix yeah so this
1:50:45 came through the code testing provision
1:50:47 so one of the sites uh that was selected
1:50:50 was a single family home
1:50:53 and in order to allow the um the
1:50:58 enclosure of a patio or something like
1:51:00 that you know it was determined that our
1:51:02 code says you have to do a critical area
1:51:04 study which costs thousands of dollars
1:51:06 and so and the end result is we still
1:51:09 allow them to enclose the the things of
1:51:11 what purpose did the critical area
1:51:13 studies solve or provide additional
1:51:15 information when the other section
1:51:17 already allows you to to enclose it so
1:51:20 option one solves that correct so it's
1:51:22 redundant and we would just clean up the
1:51:25 language to make it explicitly clear
1:51:27 that enclosure of impervious surface you
1:51:29 don't have to do a critical area study
1:51:31 terrific thank you
1:51:34 Vice chair Bader just a clarifying
1:51:37 question I apologize this might have
1:51:38 been covered on the meeting where there
1:51:40 were the audio issues so apologies that
1:51:42 I'm repeating um questions but is this
1:51:45 applying only to homes that because we
1:51:48 now have a bigger buffer are were like
1:51:50 not previously
1:51:51 no this would be to anyone to anybody
1:51:54 yeah yeah
1:51:56 so if you have a critical area buffer on
1:51:58 your property into a single-family home
1:52:00 you happen to have an impervious surface
1:52:03 your driveway or your patio and you want
1:52:05 to enclose it we would not require a
1:52:08 critical area study Interruption one and
1:52:10 we would make that explicitly clear so
1:52:12 the way it works in theory if we don't
1:52:14 have exceptions or that if you have a
1:52:16 buffer it's not just if you want to
1:52:18 build inside that buffer it's if there's
1:52:19 any buffer on your property you would
1:52:21 have to have equivalent okay but there
1:52:23 are certain exemptions so uh this is
1:52:26 where we can give folks a waiver from
1:52:28 critical area study for single-family
1:52:30 homes if they're not altering the area
1:52:33 the buffer it's not going to affect in
1:52:35 any manner contrary the minimum
1:52:38 standards are met
1:52:41 and actually oops this is
1:52:47 um yeah so there are four of these
1:52:49 no alteration it'll more in effect the
1:52:52 critical area and the minimum standards
1:52:54 are met and
1:52:56 the previous homeowner had done a study
1:52:58 and we would say okay no point in spend
1:53:00 even though we have now put in a
1:53:02 five-year uh you know expiration I
1:53:05 believe uh because that's what is a
1:53:07 standard practice things change over a
1:53:09 period of time
1:53:10 so we would under option one we would
1:53:13 add add an item here to make it clear
1:53:17 for a single family homeowner if you're
1:53:19 expanding on an existing impervious
1:53:20 surface you can also be granted a waiver
1:53:23 or an exemption from doing the study
1:53:29 um I have one thing to kind of build off
1:53:31 that and then I'll go to commissioner
1:53:32 ask some wedding so we're talking a lot
1:53:34 about non-conforming uses and and this
1:53:36 kind of reminds me of that if if
1:53:39 let's say there's a single family lot
1:53:42 and the buffer has been X for the last
1:53:45 as long as the code has been now we're
1:53:48 upping those buffers what happens to
1:53:50 that property that's been sitting on
1:53:51 that critical area does that begin to do
1:53:54 are they grandfathered into that old
1:53:57 um buffer setbacks or does it start to
1:53:59 encroach on their property now that the
1:54:02 code has been updated
1:54:04 yeah so
1:54:06 um there are a special
1:54:09 um exemptions for wetland and stream
1:54:11 buffers in our non-conforming chapter
1:54:13 and we did not change those uh if I can
1:54:16 quickly find them here I will bring them
1:54:22 right I mean I'm less interested in what
1:54:25 what the actual buffers were I'm
1:54:27 wondering for those houses that are
1:54:29 sitting next to critical areas with the
1:54:31 code update
1:54:32 are do they are they consistent with the
1:54:35 old buffers or does no the new buffers
1:54:38 would apply to every problem so they do
1:54:39 start encroaching on there correct okay
1:54:42 but you you have some grandfathered
1:54:45 rights to maintain your property and and
1:54:47 and stay and rebuild on the footprint
1:54:50 and you know in case there's a fire or
1:54:52 anything like that you can so in you
1:54:54 know accident earthquakes and stuff you
1:54:56 can rebuild
1:54:57 um but the buffer does continue to move
1:54:59 towards the house yeah so you're not
1:55:01 grandfathered for buffers the buffers
1:55:03 apply to everyone equally okay no I
1:55:06 appreciate that thank you
1:55:09 commissioner
1:55:11 So to that point
1:55:13 um with the new buffers per se
1:55:16 what if you have impervious area within
1:55:20 that critical area buffer is that
1:55:22 possible and then would they still be
1:55:25 able to expand
1:55:27 or put a canopy over that impervious
1:55:33 so I'm going to bring
1:55:51 so let me walk you through this section
1:56:18 okay can you all see this
1:56:20 so this is in the non-conforming chapter
1:56:24 and it talks about changes to existing
1:56:28 legal non-conforming structures
1:56:30 involving Wetland or stream buffers
1:56:33 if it's a new developmental
1:56:34 Redevelopment you have to comply so if
1:56:37 it was a complete tear down
1:56:39 and rebuild you would need to meet the
1:56:41 setbacks and the buffers
1:56:43 alteration and expansion of existing
1:56:46 non-conforming development is allowed
1:56:48 outside of the buffer areas you can
1:56:52 expand vertically to add more stories
1:56:55 uh you can expand over existing
1:56:57 impervious surface within the buffer as
1:57:00 long as the building expansion doesn't
1:57:02 encroach closer towards a wetland or a
1:57:04 stream if it's more than 500 you have to
1:57:07 do a buffer enhancements
1:57:09 or four if they're damaged or destroyed
1:57:12 due to accidents or nature you may
1:57:14 reconstruct the original building
1:57:15 footprint
1:57:22 and this is existing policy that we
1:57:25 haven't changed it's just geared forward
1:57:28 all right any further comment on this
1:57:31 particular policy question
1:57:33 so I guess I'll be a little bit of the
1:57:35 contrarian I
1:57:37 like the flexibility I mean
1:57:39 we'll talk about it in a moment but
1:57:41 letting homeowners do more on their
1:57:43 property especially with the safeguards
1:57:45 built in
1:57:46 I'm probably never really going to have
1:57:47 a problem with that I understand they're
1:57:49 at a critical area but I would be
1:57:51 interested to know if there's any way we
1:57:53 can have a better monitoring system and
1:57:56 again it sounds like it's it would come
1:57:58 from the city and we're not talking
1:58:01 about critical area study what's what
1:58:03 would you have to say to that director
1:58:05 Dolly wall
1:58:07 yeah I mean
1:58:08 um you know if we would have to have
1:58:11 staff trained in doing Wetland
1:58:13 delineations uh and stream buffer
1:58:16 delineation so that would be a
1:58:18 certification Pro you know it takes a
1:58:21 lot for someone to know and and get
1:58:22 there'll be a wetland biologist and all
1:58:24 that so that that would that would be
1:58:27 needed we would go out to the site
1:58:28 exactly do the the things but then I
1:58:31 think the debate would be well where's
1:58:34 the survey usually what happened with
1:58:36 with the delineations is the biologist
1:58:38 goes and flags these things and then the
1:58:41 surveyor comes in and picks it up and
1:58:42 draws it on a plan and you know exactly
1:58:44 here's the boundary and here's the
1:58:46 buffer
1:58:48 um so that could be problematic for for
1:58:51 us to kind of take on that
1:58:52 responsibility but you know you could
1:58:55 you you would you could limit it to say
1:58:57 you can only expand if there is a
1:59:00 wetland and there's a building already
1:59:03 then you can only expand on the other
1:59:05 side in a limited fashion I think you
1:59:08 can make that call that your the buffer
1:59:09 is already interrupted but the addition
1:59:12 that you do that same square footage you
1:59:15 somehow have to replant uh we could make
1:59:18 the monitoring easier for homeowners by
1:59:21 saying you know every year send us a
1:59:23 photo as opposed to a technical
1:59:25 monitoring report to make sure they
1:59:28 watered the plants and they're doing
1:59:29 well but again it you know our the our
1:59:33 experience and Department of ecology is
1:59:34 experience is that those things over
1:59:36 time you know blackberries take over and
1:59:39 it's a lot of work to to maintain those
1:59:41 things
1:59:42 um so
1:59:44 there there could be issues with
1:59:47 implementation of that from costs and
1:59:50 and practicality yeah
1:59:52 I appreciate that like I said I just uh
1:59:55 and again I mean it's not like they're
1:59:57 going to be able to build new
1:59:58 construction in those areas regardless I
2:00:01 just again if if they are if these new
2:00:03 codes do you know I'm thinking of some
2:00:06 like you know whether it's streams or
2:00:08 buffers I mean I I don't I guess this
2:00:10 really wouldn't have to do with lakes of
2:00:12 Amish because of the SMP but it just
2:00:14 seems it seems odd that we would have
2:00:18 such a direct impact especially when
2:00:19 they already have guidelines to keep us
2:00:21 out of certain areas I mean if they
2:00:23 encroach it a little bit
2:00:24 plus there's the design of the house I
2:00:26 mean you can only do additions and
2:00:29 you know certain areas as far as the
2:00:30 structure itself right you can't put an
2:00:33 addition where a front door is
2:00:36 I don't know like I said I I guess
2:00:39 before I go further let me see if I'm
2:00:41 outnumbered this time
2:00:44 so um all gays for number one
2:00:54 okay we're not quite there on the EAS
2:00:56 yet but let's see if we can get there
2:00:57 with a little bit further clarification
2:00:59 Vice chair Bader
2:01:01 yeah I think I'm okay with one I'm
2:01:05 trying to figure out two I'm like if
2:01:08 they're different
2:01:10 um and like the part of two so I I don't
2:01:13 in theory don't have a problem if like
2:01:14 the book because presumably the buffer
2:01:16 is going to do its job right that's why
2:01:18 it's there and so if the house is
2:01:20 outside of the buffer and the expansion
2:01:23 is on this side then it's not going into
2:01:25 the buffer it's not reducing the buffer
2:01:28 um I get that it could have impacts
2:01:31 um but presumably then the buffer is
2:01:33 still maintained and so yeah let me kind
2:01:35 of explain that I wish a graphic would
2:01:37 be really good here so you have your
2:01:39 buffer here your house is already in the
2:01:43 buffer and the buffer extend you know
2:01:46 your buffer the entire house could be in
2:01:48 the buffer we may have a situation where
2:01:49 the entire thing is in the buffer so and
2:01:52 the expansion itself will lie within the
2:01:54 buffer if the expansion is outside the
2:01:56 buffer you can do that you now under the
2:01:59 code so that that's not an issue these
2:02:01 should be do we need a critical area
2:02:03 study
2:02:05 and so you could add that you know so
2:02:09 that's needed in order to determine the
2:02:11 impact to that the the example that you
2:02:13 had where the addition is outside the
2:02:17 buffer you can do it that's allowed the
2:02:20 the question would be do you need a
2:02:21 critical area study for that if the
2:02:23 entire house is in the buffer and the
2:02:26 expansion is going to be in the buffer
2:02:28 yeah then otherwise you're building like
2:02:31 an outhouse sorry correct correct yeah
2:02:35 yeah yeah
2:02:38 so really option two with I mean really
2:02:42 option one if you're already going to
2:02:43 get the critical study it really option
2:02:46 two becomes kind of a moot point
2:02:48 it might be am I kind of getting that
2:02:50 right I mean I mean you could you could
2:02:52 have adoption three where you just say
2:02:54 you could do yeah not just not require
2:02:58 um you know that you allow expansion
2:03:02 if you're if you're if you have an
2:03:05 interrupted buffer I think that's the
2:03:06 term some some cities use so if your
2:03:09 buffer is already interrupted by your
2:03:11 house
2:03:12 so between the buffer in your house you
2:03:15 know it's already interrupted that you
2:03:17 can do the expansions on the other side
2:03:19 of your house
2:03:20 so you're not making the the buffer
2:03:22 interrupting it even more right but like
2:03:26 you said under this code already you can
2:03:27 go up and you can go out you just can't
2:03:29 you can go out
2:03:32 as long as the addition is outside the
2:03:34 buffer so you could allow an uh going
2:03:36 out within the buffer because it's
2:03:39 already interrupted
2:03:40 because you have a house already there
2:03:42 between the buffer and that so yeah it
2:03:45 gets nuanced and it gets
2:03:47 complex and so that would be a policy
2:03:49 change to
2:03:51 to do that and
2:03:53 well if I mean
2:03:55 there's a democracy up here so uh how
2:03:58 many people are still wishy-washy on one
2:04:01 two and three and would like to see the
2:04:02 invisible option three that we don't get
2:04:04 to see right now
2:04:08 and how many people just want to go with
2:04:10 option one
2:04:14 absolutely
2:04:16 all right well it's three three so can
2:04:19 we see an invisible number three and
2:04:21 we'll be bringing that one back so you
2:04:22 got two knocked out tonight but maybe
2:04:24 next Thursday we see an option three for
2:04:27 for policy questions sure we can work
2:04:29 because again I
2:04:31 if I'm understanding it the way it's
2:04:33 written I'd like to allow the
2:04:35 flexibility for the homeowner especially
2:04:37 if they're already encumbered by an
2:04:39 intrusive
2:04:40 buffer
2:04:42 again
2:04:45 that to me just seems it seems kind of
2:04:47 odd because again I don't know the shape
2:04:48 of a lot I don't know the shape of the
2:04:49 house I mean you can't necessarily just
2:04:52 do an addition just I mean sometimes it
2:04:54 has to be projected one way or the other
2:04:56 so that's my feeling on it
2:04:58 three of three three Washi three steady
2:05:01 so but do you all and the third option
2:05:05 do you want to kind of do for smaller
2:05:07 additions up to 500 or you don't want a
2:05:10 complete rebuild of a okay so still keep
2:05:14 some smaller Edition piece to it in
2:05:18 eruption three okay fair enough
2:05:20 yeah like sure better sorry I think this
2:05:22 is a to the public I have two newborns
2:05:25 at home and I think it's showing it's
2:05:26 showing right now in my brain capacity
2:05:28 just so I'm really clear so option one
2:05:31 is kind of like the most strict so it's
2:05:33 only waived if they're building on an
2:05:36 existing impervious Circle correct
2:05:38 option two gives them more ability to
2:05:41 again potentially do a addition or
2:05:44 whatever
2:05:45 um and so it gives them a little more
2:05:46 flexibility than option one does correct
2:05:50 yeah you will allow encroachments into
2:05:52 the buffer that I don't have impervious
2:05:54 surface
2:05:55 with some restrictions on the it's
2:05:59 already interrupted it's on the other
2:06:00 side you're not taking down any trees
2:06:03 and whatever else you want to add to
2:06:05 that list
2:06:09 commissioner altmore
2:06:12 sorry I was settled but I think what I
2:06:15 heard you say before is is connected to
2:06:17 what you just said which is that option
2:06:19 one it's on that current impervious
2:06:21 surface but if you also want to do a
2:06:25 greater expansion than that you have the
2:06:27 ability under the um
2:06:30 the what would you call non-diversions
2:06:32 the uh deviation the deviations that
2:06:35 exist now which means that if there was
2:06:37 a study within the last five years or
2:06:39 and those other pieces are met then you
2:06:41 can give them the director can can allow
2:06:44 that correct uh yeah those four criteria
2:06:47 if someone meets those four criteria we
2:06:49 can not require a critical area study
2:06:51 but that does not allow you to do any
2:06:54 expansion in the buffer area in the
2:06:57 buffer area but outside the buffer area
2:06:59 you can correct and so is the
2:07:01 distinction among the three of us and
2:07:02 the three of us inside the buffer area
2:07:04 versus outside the buffer area
2:07:07 I think for me it's it's it's being
2:07:09 inside right because I'm seeing these
2:07:11 buffers continue to encroach on the
2:07:12 house in the project
2:07:13 right these are going to all be upgraded
2:07:15 so it's the same thing I guess when we
2:07:17 get there you know I'm going to want to
2:07:18 ask about some of these non-conforming
2:07:20 uses so for me again they're being asked
2:07:23 to do less and less with their property
2:07:25 you know and again not every Lawton and
2:07:28 not every house is situated to have an
2:07:29 addition up or in front or on the sides
2:07:33 and I'm just asking for flexibility now
2:07:36 if they all have to have a critical
2:07:37 areas now if they can do option one and
2:07:40 or if they can build into the buffer at
2:07:43 all it requires is a critical study
2:07:46 then I guess that maybe that's the
2:07:48 invisible option three I just don't know
2:07:50 but I'd like to see option three yeah we
2:07:52 can create a couple more options I just
2:07:54 study one without study one
2:07:57 a limited expansion in an interrupted
2:08:00 buffer right so we're not talking about
2:08:02 new construction we're talking about
2:08:04 existing homes I mean look at how many I
2:08:06 mean again I don't know how many streams
2:08:08 and buffers are in Old Town but I mean
2:08:09 those houses date back to the 60s so
2:08:12 again we're we're continuing to limit
2:08:14 what people can do on their properties
2:08:16 that's that's sure I mean we would we
2:08:19 would
2:08:20 um we can you know create a couple more
2:08:23 options but the basic idea being
2:08:26 flexibility and and net gain to the
2:08:30 environment so if the buffer is already
2:08:33 you know interrupted there's a house
2:08:35 already there
2:08:36 and you want to expand on the other side
2:08:39 and you're willing to do some more
2:08:41 enhancements to your stream by planting
2:08:43 and other things than than presumably
2:08:46 you've improved the quality of the
2:08:48 stream yet you're not set with the you
2:08:51 know you can do limited editions up to
2:08:54 500 square feet to your home right
2:08:56 because let me know if I'm wrong mini
2:08:59 but we got rid of averaging I mean that
2:09:01 would have been something that would
2:09:02 have come into play here so if we've
2:09:03 gotten completely rid of it and we're
2:09:05 saying no these are the boundaries yet
2:09:07 our old code used to be able to say okay
2:09:08 you really want to do the expansion here
2:09:10 well then you've got an average more
2:09:12 buffer here well we no longer allow
2:09:13 averaging so again we're just we're
2:09:16 continuing to put restrictions on people
2:09:18 and not giving them a lot of options in
2:09:21 my opinion and that's been my opinion
2:09:22 for years so anyway yeah we can define
2:09:25 an interrupted buffer so it would only
2:09:27 apply in those cases and it would only
2:09:29 allow a limited expansion in exchange
2:09:32 for buffer enhancement concept so we can
2:09:35 flush that out a little bit more
2:09:37 um are we still three and three
2:09:43 three for one
2:09:45 three for
2:09:46 invisible option all right all right so
2:09:50 I think yeah if we could come back to
2:09:52 this one next Thursday maybe with some
2:09:54 more options maybe we can get you either
2:09:56 a majority or a unanimous
2:09:58 sounds good all right thank you
2:10:01 all right so I think now we'll just kind
2:10:03 of have uh you know Commissioners if
2:10:05 you'd like to comment on anything in
2:10:07 particular as far as the last
2:10:10 four parts I mean if anything's tugging
2:10:12 your heartstrings you'd like to comment
2:10:13 on anything please yeah and uh while
2:10:17 you're going that I just want to take
2:10:18 one second to introduce uh Anne-Marie
2:10:20 Soto um from a Madrona legal team is
2:10:23 here as well online so if you have any
2:10:25 questions for City attorney she is here
2:10:29 to assist you with with legal questions
2:10:31 thanks Anne Murray
2:10:36 foreign
2:10:43 this was the environmental part and
2:10:46 we've heard a lot of public comments and
2:10:47 like I said
2:10:49 um in my opinion people that are
2:10:51 concerned with the environment which is
2:10:52 a lot of people in Issaquah a lot of
2:10:54 residents here they should be very happy
2:10:55 with the code as it's been written I
2:10:58 mean we have verbiage that has been
2:11:00 tightened we have protections that have
2:11:02 been enhanced language clarified and a
2:11:05 much more focused code I mean did they
2:11:07 get everything they wanted no and trust
2:11:09 me I didn't get everything I wanted I
2:11:11 mean I think one of the few at least for
2:11:12 me one of the few victories I got was
2:11:14 the short plot was able to go from four
2:11:15 to nine and even that was a little bit
2:11:17 of a fight people still wanted levels of
2:11:19 review where the state said this is
2:11:21 redundant so again I guess what I would
2:11:24 say to to Residents is that they should
2:11:26 feel pretty good about as far as their
2:11:28 environmental code I mean
2:11:30 what I've seen over this process is is
2:11:33 again that maybe that's why I was
2:11:34 fighting for option three so much is
2:11:36 I've seen a lot of
2:11:38 more restrictions more clarification
2:11:41 again that's what people residents in
2:11:43 this city value and they've made that
2:11:45 very clear
2:11:48 and it's also what the council wanted so
2:11:50 again we're going with what they want
2:11:52 but some of the areas where I wish we
2:11:54 would have had more flexibility for some
2:11:55 development and things I don't feel like
2:11:57 we got but I think the people that are
2:12:00 concerned about the environment should
2:12:01 be very happy with with what they're
2:12:03 seeing as far as this code as far as I'm
2:12:04 concerned
2:12:06 foreign
2:12:15 commissioner
2:12:17 yeah being one of the new Commissioners
2:12:20 and just going through the code and
2:12:22 sitting through these sessions since
2:12:25 September I've actually been able to see
2:12:27 a lot of the work that's actually got
2:12:30 into this and actually learned from it
2:12:33 as well just to understand what I
2:12:37 understand I need as a person who lives
2:12:39 in Issaquah but also what others need as
2:12:41 well and
2:12:43 um I I'm pretty satisfied with what's in
2:12:47 the actual code right now of course it's
2:12:50 not perfect that's why it's updated
2:12:53 every so often but at the end of the day
2:12:57 I think with the commend on the planning
2:13:01 team over here as well as my fellow
2:13:06 Commissioners as well on this and and
2:13:09 the Commissioners that may not be here
2:13:11 now who were who were before us as well
2:13:13 so that's my three cents
2:13:19 well said commissioner
2:13:23 any other discussions I mean the one
2:13:25 thing I would like to come back since it
2:13:27 was brought up tonight not only in a
2:13:29 public comment but a public
2:13:31 well I guess it was a public comment it
2:13:33 was just through email is the
2:13:34 non-conforming use I won't say the name
2:13:37 because I don't know if it's appropriate
2:13:39 or not I should probably ask you guys
2:13:40 that question next time before the
2:13:42 meeting but you know my concern is we
2:13:46 have a business that has been here for
2:13:48 70 years and this is my concern and
2:13:49 again maybe they're looking for the same
2:13:51 clarification that I am is you know
2:13:54 whether or not they're a great public
2:13:56 partner which it seems they are I don't
2:13:58 know if that should have any bearing on
2:14:00 code but I'm wondering if there's
2:14:01 something like a special waiver or we
2:14:03 just need more clarification for them it
2:14:05 seems
2:14:06 it seems wrong to have a business be
2:14:08 here for 70 years build their
2:14:10 infrastructure and not have the
2:14:12 opportunity to expand because again now
2:14:14 they're non-conformed legally
2:14:15 non-conforming so again I need more
2:14:17 understanding about what that means
2:14:19 because and again to director
2:14:22 dollywall's point
2:14:24 maybe there's a big misunderstanding but
2:14:26 that was a question I had last week as
2:14:28 well as I'm not understanding the term
2:14:30 legally non-conforming and what does
2:14:32 that allow them to do on their property
2:14:34 I just know if they've been here for 70
2:14:35 years built their infrastructure and now
2:14:38 they can't build out
2:14:39 you know to me that that doesn't seem
2:14:41 quite right and especially you know and
2:14:43 again I don't think there should be any
2:14:45 particular consideration but if it's
2:14:47 manufacturing to me I that tugs in my
2:14:49 heartstring because I'd like to see more
2:14:51 Manufacturing in Issaquah you know all
2:14:53 those manufacturing jobs
2:14:55 that Bell you know never mind shouldn't
2:14:57 say City's names that some of our
2:14:59 cities our friendly neighbors don't want
2:15:02 because all they want is Tech
2:15:04 bring your manufacturing here
2:15:06 um but again I don't know what type of
2:15:08 message that sends if we're saying well
2:15:10 you've been great to work with but you
2:15:12 can't build out and you know and again
2:15:14 I'm talking about the care and the
2:15:15 aquifers for that particular project but
2:15:18 I I need more information but that one
2:15:20 yeah that that one concerns me because I
2:15:22 really don't know where we stand and I'd
2:15:24 like to hear a lot more before you know
2:15:27 I I'd like to hear more before this
2:15:30 this uh this run ends next Thursday
2:15:46 foreign
2:15:52 with me I think uh if there's no other
2:15:55 comments that those really my two like I
2:15:57 said I think people should be pretty
2:15:59 happy with with what they're seeing a
2:16:01 lot of work went into it we're not quite
2:16:03 done we have one more meeting but uh you
2:16:06 know I feel very good about it again I
2:16:08 don't think everybody gets everything
2:16:09 they want but I think the people for who
2:16:11 the environment is very important and I
2:16:13 bring this up because that's what
2:16:15 tonight was about part eight uh should
2:16:17 feel pretty good about what they're
2:16:18 seeing again just going through it I
2:16:20 mean again language tightened everything
2:16:22 clarification so I'm hopeful that other
2:16:25 people feel the same way and I know a
2:16:27 lot of our public comments have have
2:16:28 mentioned that whether it's just
2:16:31 mentioning how this is much better
2:16:34 um than what the we used to have but uh
2:16:36 yeah no I'm excited I'm excited to hear
2:16:38 what everyone has to say next Thursday
2:16:40 when we uh do the up or down at the very
2:16:44 um possibly with amendments and then we
2:16:46 kind of recap over the last two
2:16:48 Thursdays tonight and last Thursday
2:16:52 all right so I know everybody wants to
2:16:54 go home so we will move on
2:16:57 and I believe all we have left to do is
2:17:01 a little bit of house cleaning
2:17:03 and if we can get some uh city council
2:17:08 updates from staff
2:17:09 or any other business they'd like to
2:17:11 provide us
2:17:13 please go ahead
2:17:15 reports
2:17:17 chair voice we don't have the city
2:17:18 council report for you tonight
2:17:23 any other business or announcements from
2:17:25 staff Commissioners anything for the
2:17:28 good of the order
2:17:31 all right so there is one more public
2:17:34 hearing that'll be next Thursday as I
2:17:36 mentioned this is going to basically
2:17:37 capture a lot of what we've discussed
2:17:39 over the last two Thursdays
2:17:43 I believe we're going to still have a
2:17:45 presentation we're going to do basically
2:17:47 quite quite similar
2:17:49 I have my notes from my conversation
2:17:51 with with Kristen the other day
2:17:53 so looks like we're going to be doing a
2:17:56 little bit of through block passages
2:17:57 zoning Maps list of edits and possibly
2:18:01 acipa addendum does that sound right
2:18:02 Stephen
2:18:06 okay fair enough we'll get the full
2:18:09 packet to the commission and discuss it
2:18:11 with you okay
2:18:12 and we actually will get a new agenda
2:18:14 packet for
2:18:15 right okay excellent and um yeah I guess
2:18:19 the only other news is that we are
2:18:21 canceling February 9th
2:18:24 that is correct we took another look at
2:18:27 the calendar and we figured the
2:18:29 commission could use a few weeks before
2:18:31 we start diving into the comprehensive
2:18:33 plan and discussing housing
2:18:36 staff is very nice
2:18:37 so thank you everybody
2:18:39 um appreciate you joining us this
2:18:41 evening and we will adjourn tonight at 8
2:18:43 50 pm thank you for coming

Attendance

Council / Members (7)
Voiss
Bader
Commissioners Altimore
Esemuede
Kennedy
Patterson Absence: Commissioners Lewis
Milligan (Excused)
Staff (1)
Minnie Dhaliwal, Director, CP&D Christian Geitz, Planning Manager Christen Leeson, Senior Planner Stephen Padua, Long Range Planning Manager Emily Appleton, CPD Engineering Manager Jim Johnson, Consultant 2