March 8, 2012 Ellensburg City Planning Commission Regular Meeting Minutes City Council Chambers

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1 March 8, 2012 Ellensburg City Planning Commission Regular Meeting Minutes City Council Chambers Members Present: Members Absent: Others Present: Vice Chair Sarah Bedsaul, Bill Beattie, Beverly Heckart, Gretchen Thatcher, Fred Padjen, Bob Hood Bruce Simpson Planning Supervisor Lance Bailey, Larry Nickel, Ron Cridlebaugh, Jennifer Ellis, Randy Kaiser, Gene Martin, Doug Stalder, Bob Hanson, Debbie Strand, other members of the audience Vice Chair Sarah Bedsaul opened the meeting at 5:45p.m. Minutes: February 9, 2012 Regular Meeting The minutes were approved as submitted February 23, 2012 Special Meeting Added to the comments for LDCU (B) was the following sentence: It was suggested that some means be found for pedestrians to cross the ROW from one part of the shopping center to the other across a road. The minutes were approved as corrected. Public Hearing A. A) Kittitas Valley Hospital District #1 Conditional Use C12-02 Continued Hearing The quasi-judicial pre-hearing notice was read into the record by Vice Chair Sarah Bedsaul The Planning Commission opened the hearing at their last meeting, on Feb 23, At that meeting the Planning Commission proposed to condition approval of the application on the agreement that KVCH would bring the building up to full ADA compliance. The Commission was unable to pass a motion approving the application, and the applicant requested that the hearing be continued until the regularly scheduled meeting in March. Two additional items were submitted into the record since the last meeting. City of Ellensburg Building Inspector Robert Doobovsky provided an describing the current building code requirements for ADA accessibility, which is included as an attachment in the staff report. Von Elison with Central Washington Disability Resources submitted a letter describing the visit to the site to provide an assessment of the needs for accessibility, and that is also included as an attachment with the staff report. KVCH has proposed to incorporate a number of changes into the project to bring the building into ADA compliance. Those proposed changes are outlined in the new information submitted by the applicant and attached to the staff report. Jennifer Ellis spoke on behalf of the applicant. She indicated that KVCH staff had spoken with the City of Ellensburg building inspector and participated with Von Ellison in an inspection of the property, and in Planning Commission Minutes March 8, 2012Page 1

2 response had put together the proposed changes to the project. The Commission asked where the proposed ramp would be located. The applicant indicated that the ramp would go from the south to the front door of the building, and that the parking area would be paved. A motion was made to approve application C12-02 with the following conditions: 1) A ramp will be installed from the front entrance of the property to allow for access, along with a paved surface for parking and proper signage. The ramp will be constructed to meet all applicable codes and regulations. 2) The bathroom will be modified to assure accessibility (32 door for clearance, removal of vanity and replacement with pedestal sink), maneuverability and path of travel as indicated in the applicant s floor plan. 3) An emergency plan indicating accessible routes of travel will be posted. The motion was seconded and passed by a vote of 6-0 Public Meetings A. Draft Zoning Text Amendment related to Outlet Centers Planning Supervisor Bailey presented the staff report. At their meeting on February 21, 2011 City Council considered a request submitted by the Chamber of Commerce to allow outlet centers as a permitted use in the Highway Commercial (C-H) zoning district and to add a definition of outlet center to the zoning code definition section. City Council directed staff to develop implementing language for the proposed zoning text amendments. Council also referred the matter to the Planning Commission for review and recommendation and set March 5 for first reading of the proposed implementing ordinance. On March 2, 2011 Council also set March 19, 2011 as a public hearing date to consider the proposed implementing ordinance. In its request for Council to consider outlet centers as a use in the C-H zone, the Chamber has suggested that the definition include the following requirements: no anchor store is allowed; more than 50% of the retail outlets must be manufacturer retail outlet stores; the minimum size for an outlet center must be 150,000 gross square feet, and, the maximum size for any single retail store in the outlet center cannot exceed 15,000 square feet of floor area. The basis for the request was that the Highway Commercial zone permitted uses are outdated and when the language for the C-H zone was adopted outlet center didn t exist as a specified use. The Commission has probably seen the recent newspaper articles regarding the potential for such a use to locate at the south interchange. Staff has not located any specific zoning code definition from other jurisdictions for an outlet center. Those jurisdictions in the state that have existing outlet centers such as North Bend or Centralia simply allow those uses under a general commercial category. A map of the C-H zoned areas was included with the staff report. What differentiates regional retail as it is currently defined in the code from the proposed outlet center use is that for an outlet center there is no large anchor tenant. Planning Commission Minutes March 8, 2012Page 2

3 City Council has asked the Planning Commission to make a recommendation on the proposed ordinance that will implement the text code amendment allowing outlet centers as a permitted use in the C-H zone. SEPA review has been initiated, and no comments have been received. The Commission added to the staff presentation that the City has applied to the Department of Commerce for an expedited review of the text amendment. If approved, the expedited review takes two weeks. The expedited review period ends at about the same time as the City Council meeting on March 19 th. The Commission had a question about the requirement that 51% of the retail outlets must be manufacturer retail outlet stores. It was pointed out that the 51% requirement is a common definition of outlet centers in commercial trade journals. But with that said, there are a lot of different definitions for outlet center type businesses. Larry Nickel addressed the Commission and inquired why this issue isn t being processed as a Comprehensive Plan amendment rather than a zoning code text amendment. Staff responded that nothing in the Comp Plan precludes the adoption of outlet centers as a commercial use in the C-H zone. Ron Cridlebaugh spoke in favor of the text amendment. He indicated that there is an opportunity for the City to draw an outlet center at the south interchange, and the text amendment would add some confidence to anyone looking to do such a development. He also thinks that outlet center should be included as a permitted use in the C-T zone, as well as the C-H zone. The Commission pointed out that the request represents an important step for the community, all in the space of a month, and inquired if it is absolutely necessary that this decision be made in the next two weeks. Mr. Cridlebaugh responded that he felt it was necessary for the City to make a decision within a short period of time, and that the next 30 days are important for the success of what is currently on the table for a potential outlet center development. The Commission commented that the EDA had requested that City Council consider providing a mechanism to divert some sales tax revenue from a future outlet center development to provide for downtown improvements, and that such a mechanism was included in the adoption of the language to allow for regional retail. It was also suggested at the City Council meeting that the developer of the outlet center consider providing some kind of transportation link to downtown and address the lack of signage directing people to downtown. Doug Stalder addressed the Planning Commission. He supports the development of an outlet center, but has some problems with the way the process is being handled. In his experience residential developments don t have a group of business organizations backing up the proposal and therefore there really isn t an opportunity to propose changes in city code. Not only is there a request for a text amendment with the outlet center idea, but the City has also implemented a change to the process for SEPA review, shortening the review from a 30 day to a 14 day process. He wants to know if the next time he comes to the City with a development proposal will he have the luxury of going straight to City Council to have an ordinance change and have first reading on the ordinance before he goes before the Planning Commission for their review. Larry Nickel addressed the Planning Commission. He indicated his intention to appeal whatever decision the City Council makes because he feels strongly that this should be processed as Comp Plan amendment. He suggested that the Planning Commission should recommend that outlet centers be a conditional use instead of a permitted use. Bob Hanson addressed the Planning Commission. He supports the text amendment change. He would like the Commission to consider either combining the C-H and C-T zones, and if the zones aren t Planning Commission Minutes March 8, 2012Page 3

4 combined then include outlet centers as a permitted use in the C-T zone. Debbie Strand addressed the Planning Commission. She supports the text amendment. She has worked in economic development and believes that when an opportunity comes to the community, that it should be seized. The community needs jobs. Gene Martin addressed the Planning Commission. He commented that his project has been in the planning process for a number of years. There is an opportunity to attract an outlet center and he stressed that expedited review process really is necessary. He has plans that he believes will tie in well with what is going on in the downtown. His projections show there is the potential for up to 2400 jobs associated with the new development. His intention is to draw people off the interstate and into the community. The outlet center part of the project will begin construction when there is 70% occupancy. He hopes to submit the building permit for the water park and hotel around May 1. The outlet center application would be submitted at a later time. Beverly Heckart submitted a proposal for language to address how outlet centers would be reviewed. She reminded the Commission that the change being proposed for the C-H zone would apply to all properties in that district citywide, not just the property currently being discussed. Much of the language she is proposing is taken from the existing requirements for regional retail development. The proposed language: Add to Chapter W. Outlet Center, providing such development complies with the following conditions: 1) The development property is designated in the City s Comprehensive Plan as General Commercial land use; 2) The development property consists of one parcel, or separate and contiguous parcels not separated by a roadway which total a minimum of 10 acres; 3) The developer of the property submits a master plan providing for a minimum of 10 acres of the Outlet Center with the center s space arranged so that no one tenant s square footage exceeds 15,000 square feet; 4) All Outlet Center development is subject to the design review process set forth in the City s design standards for regional retail contained in sections (F) [Design Standards for Regional Retail Commercial Development] and 3.40 of Ellensburg s Municipal Code; 5) A minimum of 7.5 acres of outlet center shall be completed within 3 years The Commission discussed the merits of the proposed language. There was support for the idea of developing an outlet center at the south interchange. The city could benefit from retail development that is intended to draw people from outside the city. There was discussion about the suggested language requiring a minimum of 7.5 acres of any outlet center be completed within 3 years. This requirement might possibly result in some difficult implementation realities to try and enforce once a development has been initiated. The Commission suggested to delete requirement #5. The Commission agrees with the requirement that any outlet center development should be a minimum of 10 acres, but does not agree that separate and contiguous properties cannot be separated by a road. The suggestion was to delete not separated by a roadway from condition #2. Recommend to City Council the addition of Outlet Centers as a permitted use in Chapter subject to the following conditions: Planning Commission Minutes March 8, 2012Page 4

5 6) The development property is designated in the City s Comprehensive Plan as General Commercial 7) The development property consists of one parcel, or separate and contiguous parcels which total a minimum of 10 acres; 8) The developer of the property submits a master plan providing for a minimum of 10 acres of the Outlet Center with the center s space arranged so that no one tenant s square footage exceeds 15,000 square feet; 9) All Outlet Center development is subject to the design review process set forth in the City s design standards for regional retail contained in sections (F) [Design Standards for Regional Retail Commercial Development] and 3.40 of EMC. The motion was seconded and passed 6-0 There was discussion to revise the definition of an Outlet Center to state that it is a shopping center which does not contain an anchor retail store and which at least 75% of the retail tenants are manufacturer outlet retailers offering manufacturer-branded goods. There was not enough support among the Commission to formulate a motion to this effect. Recommend that a resolution be passed that devotes a percentage of the sales tax receipts from any Outlet Center be directed to the improvement of downtown in a similar fashion as was done with the adoption of the regional retail requirements. The motion was seconded and passed 6-0. The Planning Commission wants to express to City Council that they do not support the process of expedited reviews and will discuss the matter at a later meeting. The motion was seconded and passed 6-0. The next meeting was scheduled for March 29 th. The meeting was adjourned at 8:00pm Respectfully submitted Lance Bailey, Planning Supervisor Planning Commission Minutes March 8, 2012Page 5

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