15:15This meeting of the community development board is called to order at 1 p.m.
15:18on today's the uh 18th of November.
15:21Uh let's first order business today as an invocation.
15:24I'm gonna ask Mike Mr.
15:25Sario to provide to do the invocation today.
15:28Heavenly Father, thank you for the opportunity to speak to say your name.
15:34Laura, we thank you for the discernment that you give each and every one of us as we serve the citizens and the city.
15:40Help us to follow your ways, Laura.
15:42We ask the blessing upon this city, especially in this time of holidays coming up at Thanksgiving and Christmas, Lord.
15:49Let us be kind and generous to people that aren't as well off as we are.
15:54Laura, we thank you for all your blessings.
15:56In this thing, we ask in your son Jesus' name.
16:00All right, please join me in the Pledge of Allegiance.
16:08And to the Republic for which it stands one nation under God, indivisible, liberty and justice for all.
16:18This board consists of seven members and one alternate who are appointed by the city council and serve voluntarily.
16:23I am Michael Bootzukis, and I'll ask the other members and the staff to introduce themselves beginning on my left.
16:29Overright hold record.
16:32Dingio, attorney for the board.
16:33Rosemary Call, City Clerk.
16:35Matt Minage, Assistant City Attorney.
16:37Ted Cosai, Planning and Development.
16:38Laura Matsby, Planning and Development.
16:47Please remember to turn off your cell phone so it does not become a distraction during the meeting.
16:51Please also refrain from having conversations in this room so that we met here.
16:54All the testimony given today.
16:56To ensure a complete record of this board's actions, we ask that each individual wishing to speak, including the applicant speaking for the microphone at the podium in front of us.
17:03Clearly state your name and spell your last name for the clerk.
17:06Now we'll ask all those in attendance lady who plan to speak to please rise and be sworn in by the clerk.
17:17Agendas of today's meeting are on the podium to your left near the entry door.
17:21Also on this podium are a roster of community development board, the list of city staff experts in your resumes, the board's rules of procedure, and the annual schedule of this board.
17:29Our first order of business today is to review and approve the minutes from last month's meeting.
17:32May I have a motion for approval of the minutes?
17:38Motion made and seconded.
17:40All in favor say aye.
17:44Is there any person here today wishing to address the board concerning any matter that does not appear on today's agenda?
17:54This board has adopted a consent agenda format and the consent items are identified as such on the agenda.
17:58Consent agenda items are those items for which the Planning and Development Department recommends approval.
18:03And the applicant is in agreement with any proposed conditions.
18:06Please note that written comments to the case that have been received today do not result in any item being removed from the consent agenda.
18:11It may be removed from the consent agenda today by a member of the board, a member of the staff, or any person in the audience for questions or objections.
18:28Items removed from the consent agenda will be heard in the regular order of the meeting.
18:32Items that remain in the consent agenda will be approved with a single vote as to each type of hearing.
18:37Today's agenda items.
18:40One is TAT0 2025 09002.
18:45Amendments to the community development code top data city's planning process and to address statutory changes pursuing to Senate Bill 784.
18:53Does anybody wish to have this matter removed from the agenda?
18:55I see that one will be will be removed.
18:58The next item on the agenda is TA 2025-0903 amendments to the community development code to update certain development review processes and time frames.
19:08Reflect current processes and address statutory changes pursued to Senate Bill 1080.
19:13Does anybody wish to have this item removed from the consent agenda?
19:17Seeing none, may I have a motion on item 4.2 I motion to uh approve the um item TA 2025 0903 amendments to the community development board code update.
19:36Um it's pursuant to the staff report and its recommendations if I if I may get to level three.
19:47It's level three, so you've got on the back of that page of motion for recommended we're recommending approval to the city council.
19:53Uh and recommend sorry and recommend the rec the staff's report recommendations to the city council.
20:0009003 amendments to the community development board code update um it's pursuant to the staff report and its recommendations is that enough if I if I may it's a level three it's level three so you go on the on the back of that page of motion for recommend we're recommending approval to the city council and recommend sorry and recommend the rec the staff's report recommendations to the city council so we're six I'm fine with that okay do I have a second on that motion second motion made a secondary discussion all in favor say aye aye all opposed motion carries uh that takes us back to the regular agenda that's a level three item and I'll read the procedures for our level three cases all level three cases or plan amendment rezoning or development agreement are considered legislative hearings committee development board reviews the application the staff report correspondence and all evidence presented today and makes the recommendation to the city council for level three applications city council makes the final decision the procedure for a level three cases is as follows presentation by planning staff ten minutes maximum presentation by applicant ten minutes at maximum comments by the public three minutes per person closing remarks by the planning and development staff three minutes maximum and closing remarks by the applicant three minutes maximum we then close the public hearing of discussion and vote by the board our first level three case today is TA 2025-09002 Matske good afternoon Lauren Matske planning and development so this past legislative session brought forth several statutory changes that then necessitated amendments to the community development code uh ordinance 9856-25 specifically addresses the city's plating process and Senate Bill 784 requires that final plating be an administrative process or under administrative review the bill also addresses some basic parameters to what would need to be included in any notices that would go out for both preliminary plats and final PLATs including that we must send written acknowledgement of receipt of such application within seven business days any um response must identify missing pieces if applicable I would just say this aligns with staff review for completeness upon intake of any of our applications so it's not a change for us we're just codifying the statutory requirements and additionally the notice must include information regarding the approval process so we would be outlining to an applicant what that process would be so for context preliminary flats have been and will continue to be reviewed by the development review committee however when a preliminary plat is accompanied by an application that would require community development board approval um the planning application would be brought forward to you while the preliminary plat would be held so if the community development board approves the planning application then we could issue a development order for the preliminary plat.
22:41So instead of seeing both concurrently you would just see the request for flexibility.
22:47Planning and development staff so we've been working with the city surveyor then on on developing a process for a final plat.
22:55The current process is that it's submitted to the city surveyor and they go back and forth with the applicant and then when everything's ready it is presented to city council for approval and the city manager signs on behalf of council since this now must be an administrative process we'll be um routing it to the applicable people in the development review committee to continue to review against what was um approved as a preliminary plat and the city surveyor will continue to review against the statutory requirements for final plats when everything is resolved then the community development coordinator which is the planning and development director would sign on behalf of the city and the city surveyor would continue to sign under his authority granted by the state.
23:41So the ordinance though also does include some minor changes proposed by staff to offer some clarity for minor lot line adjustments we found it wasn't written as clearly as it could be even staff sometimes had to read it a couple of times just to make sure we were following it for as many times as we've read it if if it still requires that it warrants some some relooking while we're in in that section of code that's something that we like to do if we're amending or proposing amendments to a section of the code if there's anything that's ever come up we try to address it at the same time so this was presented at work session to city council because our goal was to get this done this calendar year and city council only has one more meeting in December so while atypical it was you know just at least presented at a high level city council and I reported to them that I would bring back the community development board's recommendation for their first reading on Thursday night and I can answer specific questions as necessary.
25:00And it was only it was 100% vote on everybody.
25:02Both sides of the aisle is 100% to zero.
25:05So it was it was a good declaration.
25:08But I have questions, and that's the reason I asked a pulled off the agenda.
25:12And there are very minor questions as far as that goes.
25:15One of them I was reading here, it says, whereas do we know the public meeting of Clearwater Development Board?
25:20Um, I picked it back, it was further down.
25:24It was talked about it was a um a meeting where this has been discussed before public meeting.
25:31Has there been a public meeting when this is brought up before that I wasn't aware of?
25:34Um because the ordinance is ultimately approved by city council, these are our standard recitals that um that cover the fact that before it goes to city council, we would have brought it forward to you.
25:47So this is capturing the fact that we're presenting it to the community development board.
25:51If for some reason the recommendation changes, we would modify these for the city council meeting.
25:57But these are our standard, some of most of them are our standard recitals that we've used for ordinances for amendments to the community development code.
26:05On that point, since it gets approved by city council, not us, and we're just making a recommendation.
26:10That's actually talking about today's hearing.
26:13And that way the actual ordinance text is consistent when it council looks at it next next week or whenever they review it.
26:19I just it it's um I was just found that ironic that it there wasn't any discussion among the public.
26:25But the other reason for my I'm okay with that.
26:27You know, get by that, that's easy.
26:29My other question was uh, how does this apply at all to what's going on on put on uh Gardner Street?
26:36Um, or will it have any effect at all on what is going on there?
26:40Because there's over 6,500 registered voters who are in favor of making sure that doesn't go as it was to go, and will plotting have anything to do with that.
26:51That is not a platting process.
26:53That is through the vacation of right of way.
26:56Their request was to vacate right of way, that's a separate process.
26:59That's okay, not governed by this ordinance.
27:01And remember, right now we don't even have a pending application for that.
27:04There is nothing going on.
27:06They can't re-platt that to serve somebody's needs.
27:09No, because it's city right of way.
27:12Thank you for answering my question.
27:16Who is the community development coordinator?
27:19That is the code's term for the planning and development director.
27:22So regardless of department names over all the years, because they've certainly shifted over time.
27:28The code likes to use community development board, community development coordinator, community development code.
27:36So yes, that's me for now.
27:37Yeah, I was just gonna say yeah, you okay.
27:40Do you think your process will be longer now with this new statute?
27:46The we don't anticipate changing any of the process.
27:50I spoke with the city surveyor, um, you know, again, who had directed it, and um actually I guess it should be shorter because once he's finished with any of the back and forth necessitating that it matches it, he can sign it as long as everything met the code.
28:05I can sign it, and we don't have to get in the queue for a public hearing.
28:09So it should shorten it by a month or more.
28:12What's your typical time frame for getting a plot done?
28:16Um we were talking about that because the notice needs to include that, and for now we're estimating 90 days because it would be and and it's just it it gives us something to shoot for.
28:28It's you it may be quicker, it may not, you know, it just kind of depends.
28:32Our goal is to keep things moving.
28:34You know, we don't we don't have any intention of not signing it when it's ready.
28:38If everything comes through perfect, we sign it and move on.
28:42So what what we've talked about is using that because that tends to be about how long it lasts, and if if we find that you know, we're gonna measure, and if we find that we're getting it done faster, we would update our our notices accordingly.
28:54There's nothing codified specifically for that because I think there's various nuances in terms of the quality, but I have two at 14 months, so I was wondering what your time frames are.
29:06Okay, and they're still not done with us?
29:12I was like, I checked to see if we don't have any, we don't have any pending right now, so if they're pending with us, then I need to go back and find them.
29:22I sometimes I try to read the faces, and I'm not sure if that was a good or bad answer for me.
29:28Any other questions?
29:29Uh so when uh we got a project then and it does have a plat that's holding because of the until the project's uh approved or not approved.
29:37Whether will we know that?
29:39I mean, will will that be as part of the documentation that it's all of us that yes, we would still let you know that there is a preliminary plat that's that's part of it.
29:47It just wouldn't be re read into the record that you were approving a preliminary plat.
29:52Okay, so we would modify our request to reflect that difference.
30:00That that raises an interesting comment I want to throw out there just from past experience, and it may fade into memory is whether people drop off the board over time.
30:08But there are a lot of times when people come to us and they're making an issue of something that's not before us.
30:13And since the plat's not before us now, yeah, no that's something that we're I don't want to say we have to be on guard for, but I don't some of the things that delays or lengthens some of the hearings that we've had in the past have been discussing issues that have nothing to do with what we can and cannot approve.
30:27And so now the plat's kind of out of that domain, and we just need to be weary of that so that way when that comes up, we can say yes, we understand your question, see if it impacts anything else we're considering, but not that we can't really do anything about the plat.
30:40I guess if we knew ahead of time, could we then basically make that type of uh I think we could always make comments because there's always questions that can be raised, it's a matter of whether that it can't weigh into our motion to it can't weigh into how we vote to approve or deny an application that's in front of us.
30:57But it is something that things get lost in the in the we get bit lost in those weeds often enough where it's worth bringing up just to be having the back for a month.
31:07I thought anyways anybody else have any other comments?
31:12It's a level three application.
31:13Do I have a motion for anyone to approve this one to recommend it?
31:18Sorry, someone else do it.
31:24Oh, as I spill my coffee and do the there with the rest of the hearing.
31:30That was just my price.
31:32That's also the applicant.
31:34Thank you for reminding me.
31:34But there's a since there's so few people in the room, I yeah.
31:38Is there any planning staff and the applicant?
31:41So that kind of covers that size of it.
31:43Is there any comments from the public?
31:44That's the important part.
31:46Does not appear to be any.
31:47There's one person in the audience and they're shaking their heads.
31:51Um there any closing remarks by development staff or the app.
31:56And now I'll go ahead and close the public hearing.
32:00And now I can take a motion.
32:01Thank you for correcting the other procedure there.
32:03Unless you do it right.
32:04I move to recommend approve approval of case number TA2025-0902 based on the evidence and testimony presented in application, the staff report, and at today's hearing, and hereby adopt the findings of fact and conclusion of law stated in the staff report.
32:24Second, I'll second what you just started out recommending approval, right?
32:30I wrote a little different, so I want to make sure I had it covered differently.
32:33All uh any discussion?
32:34All in favor say aye.
32:40The only thing I have is I'd like to introduce our new assistant director for planning and development, Rebecca Mulder.
32:47Um, she started this week as our assistant director, but she's actually um been in our department for several years.
32:53She was previously our code compliance manager, but before joining the city and the code compliance division, she was in Colorado and had uh many years of experience on the permitting side.
33:05So she brings a wealth of knowledge from that background as well, which is of course a major part of what our department does.
33:17I don't have anything else right now.
33:19Any board members wishing to be heard on any topic?
33:23I guess I would say, sorry, I just interrupted.
33:26Happy Thanksgiving to you.
33:27I was gonna say that as well.
33:28With the wish, happy holidays, happy Thanksgiving to everybody, and that uh adjourns our meeting for today.