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2024-05-28
Agenda
Not posted
What was on the agenda.
One-line summary
The Planning Commission recommended approval of Petersen Acres’ flag-lot CUP and preliminary plat, tabled the Lachei accessory-building variance, recommended approval of the Nowthen Pastures final plat and the third-party consultant ordinance, and tabled nuisance-code amendments.
11 items as recorded in the packet and minutes.
1Call to Order and Pledge of Allegiance
Call to order and pledge of allegiance.
Called to order; no vote required.
2Roll Call
Roll call.
Roll was taken; no vote required.
3Approve/Amend Agenda
Approve or amend the agenda.
Agenda approved as amended.
4Approve/Amend Minutes from April 23, 2024, Regular Meeting
Approve or amend the minutes from the April 23, 2024 regular meeting.
April 23, 2024 minutes approved; the vote line in the minutes contains an internal inconsistency about Lewis.
5aPreliminary Plat and Conditional Use Permit - Petersen Acres
Public hearing for Preliminary Plat and Conditional Use Permit for Petersen Acres, PID 21-2-33-25-22-0004.
The flag-lot CUP was recommended for approval, and the preliminary plat was recommended for approval subject to City Planner and Engineer conditions at final plat.
5bVariance - Allow Accessory Structure in Front Yard - 7665 188th Lane NW
Public hearing for a variance to allow an accessory structure in the front yard at 7665 188th Lane NW, PID 33-33-25-21-0013.
Tabled and continued to July 23 as written in the minutes; the year appears to be a minutes typo.
5cThird Party Consultant Ordinance
Public hearing on the third-party consultant ordinance.
The Commission recommended approval with Planner Nash's fee-schedule adjustments as discussed.
5dAmendment to Zoning related to Nuisance and Code Enforcement
Public hearing on an amendment to zoning related to nuisance and code enforcement.
Tabled to the next meeting for more discussion and City Attorney responses.
6aDiscussion on meeting start times
Old business discussion on meeting start times.
The minutes do not record discussion or action on this agenda item.
7aFinal Plat - Nowthen Pastures
New business: Final Plat for Nowthen Pastures.
Recommended approval with corrections to packet pages 118 and 134 to say Nowthen Pastures instead of Peterson Acres.
8Adjournment
Adjournment.
Meeting adjourned at 9:49 p.m.
What this meeting did about specific topics, organized by issue rather than by document.
Petersen Acres subdivision
The Commission reopened the continued public hearing for Petersen Acres, heard concerns about water flooding and the condition of 205th Avenue NW, and was told the developer would keep working with the City Engineer on flooding and had cleared a clogged culvert. The Commission recommended approval of the flag-lot conditional use permit and recommended approval of the preliminary plat subject to City Planner and Engineer conditions at final plat.
Agenda: 5a. Motions: M003, M004. Speakers: Ames, Planner Nash, Petersen, residents.
Lachei accessory building variance
Pavel Lachei requested a variance to build a large accessory structure in the front yard at 7665 188th Lane NW. The Commission discussed whether the building could be moved, reduced, or redesigned with different materials so the variance would better fit the review criteria, then tabled the request and directed Mr. Lachei to work with Planner Nash on a revised request and project scope.
Agenda: 5b. Motions: M005. Speakers: Ames, Planner Nash, Pavel Lachei, Jorgensen, Carlson, Mayor Pilon.
Nowthen Pastures final plat
The Commission reviewed the final plat for Nowthen Pastures after the preliminary plat had been approved by the City Council. The Commission recommended approval of the final plat, with corrections to packet pages 118 and 134 so those pages refer to Nowthen Pastures rather than Peterson Acres.
Agenda: 7a. Motions: M006. Speakers: Planner Nash, Haapala, Jorgensen, Carlson.
third-party consultant ordinance and escrow process
Planner Nash explained proposed code and fee-schedule changes intended to recover city consultant costs earlier in the pre-application and application process and to replace fixed escrow amounts with project-specific escrows. After discussion about the length of free initial consultation, billing, and fee-schedule cleanup, the Commission recommended approval of the third-party consultant ordinance with Planner Nash’s discussed adjustments to the fee schedule.
Agenda: 5c. Motions: M007. Speakers: Planner Nash, Mayor Pilon, Lehner, commissioners.
nuisance and code enforcement ordinance cleanup
Planner Nash explained that some code provisions now located in zoning may be better treated as nuisance provisions so the City can enforce current codes more effectively, especially for issues like junk vehicles and exterior storage. Because the meeting was running late and Planner Nash still wanted City Attorney responses, the Commission tabled the topic to the next meeting.
Agenda: 5d. Motions: M008. Speakers: Planner Nash, commissioners, Mayor Pilon.
routine meeting administration
The Commission approved the agenda as amended, approved the April 23 meeting minutes, and adjourned at 9:49 p.m.
Agenda: 3, 4, 8. Motions: M001, M002, M009. Speakers: Ames, Pearo, Jorgensen, Haapala.
meeting start times
The agenda listed old business discussion on meeting start times, but the minutes do not record any discussion or action on that item at this meeting.
Agenda: 6a.
9 motions on the record. Split votes are highlighted.
M001MOTION BY PEARO, SECOND BY JORGENSEN TO APPROVE AGENDA AS AMENDED.
moved by Pearo, seconded by Jorgensen
M002MOTION BY HAAPALA, SECOND BY PEARO TO APPROVE MEETING MINUTES FOR APRIL 23, 2024.
moved by Haapala, seconded by Pearo
M003MOTION BY AMES, SECOND BY LARSON TO APPROVE CONDITIONAL USE PERMIT FOR FLAG LOT.
moved by Ames, seconded by Larson
M004MOTION BY AMES, SECOND BY HAAPALA TO APPROVE THE PRELINIARY PLAT FOR PETERSEN ACRES SUBJECT TO THE CONDITOINS SET BY THE CITY PLANNER AND ENGINEER AT THE TIME OF FINAL PLAT.
moved by Ames, seconded by Haapala
Transcript records all in favor and that the motion passed; the minutes do not record a carried line or named vote for this motion.
M005MOTION BY AMES, SECOND BY JORGENSEN TO TABLE THIS REQUEST AND EXTEND IT TO JULY 23, 2023.
moved by Ames, seconded by Jorgensen
M006MOTION BY HAAPALA, SECOND BY JORGENSEN TO APROVE THE FINAL PLAT FOR NOWTHEN PASTURES WITH CORRECTIONS MADE TO PAGE 118 AND 134 TO REFLECT NOWTHEN PASTURES (INSTEAD OF PETERSON ACRES).
moved by Haapala, seconded by Jorgensen
M007MOTION BY PEARO, SECOND BY HAAPALA TO APPROVE THE 3RD PARTY CONSULTANT ORDINANCE WITH THE ADJUSTMENTS MADE BY PLANNER NASH TO THE FEE SCHEDULE AS DISCUSSED.
moved by Pearo, seconded by Haapala
M008MOTION BY PEARO, SECOND BY JORGENSEN TO TABLE THE TOPIC TO NEXT MEETING DUE TO RUNNING OUT OF TIME TO DISCUSS AND ALSO WANTING CITY ATTORNEY'S RESPONSES TO THE AMENDMENT.
moved by Pearo, seconded by Jorgensen
M009MOTION BY PEARO, SECOND BY JORGENSEN TO ADJOURN MEETING.
moved by Pearo, seconded by Jorgensen
Each figure links back to the document it came from. When the council voted on the amount, the motion is shown.
Lachei variance base fee
Base fee listed on the variance application for 7665 188th Lane NW.
fee · Lachei variance application · FY 2024
$200
inflow
Council approval status: not yet on record.
Lachei variance escrow
Escrow listed on the variance application for 7665 188th Lane NW.
fee · Lachei variance application · FY 2024
$1,000
inflow
Council approval status: not yet on record.
Lachei variance public hearing fee
Public hearing fee listed on the variance application for 7665 188th Lane NW.
fee · Lachei variance application · FY 2024
$250
inflow
Council approval status: not yet on record.
Lachei variance recording fee
Recording fee listed on the variance application for 7665 188th Lane NW.
fee · Lachei variance application · FY 2024
$46
inflow
Council approval status: not yet on record.
Lachei variance total paid
Total amount due and paid on the variance application for 7665 188th Lane NW.
fee · Lachei variance application · FY 2024
$1,496
inflow
Council approval status: not yet on record.
Subdivision lot split application fee
Proposed application fee for subdivision lot split or reconfiguration in the revised fee schedule.
fee · Planning, Zoning, & Development Fees · FY 2024
$200
inflow
Minor subdivision base application fee
Proposed base application fee for minor subdivision in the revised fee schedule.
fee · Planning, Zoning, & Development Fees · FY 2024
$200
inflow
Minor subdivision per-lot fee
Proposed per-lot fee for minor subdivision in the revised fee schedule.
fee · Planning, Zoning, & Development Fees · FY 2024
$50
inflow
Platting base application fee
Proposed base application fee for platting in the revised fee schedule.
fee · Planning, Zoning, & Development Fees · FY 2024
$200
inflow
Platting per-lot fee
Proposed per-lot platting fee in the revised fee schedule.
fee · Planning, Zoning, & Development Fees · FY 2024
$50
inflow
Security escrow percentage of estimated construction cost
Security escrow for platting or grading is proposed at 150% of estimated construction cost.
rate · Planning, Zoning, & Development Fees · FY 2024
$150
unknown
Engineering escrow percentage of initial security amount
Engineering escrow for platting is proposed at 7% of the initial security amount.
rate · Planning, Zoning, & Development Fees · FY 2024
$7
unknown
Platting administration percentage of total construction cost
Administration for platting is proposed at 1% of total construction cost.
rate · Planning, Zoning, & Development Fees · FY 2024
$1
unknown
Comprehensive plan or zoning ordinance amendment application fee
Proposed application fee for comprehensive plan or zoning ordinance amendment.
fee · Planning, Zoning, & Development Fees · FY 2024
$200
inflow
CUP, IUP, or variance application fee
Proposed application fee for conditional use permit, interim use permit, or variance.
fee · Planning, Zoning, & Development Fees · FY 2024
$200
inflow
Site plan or concept plan application fee
Proposed application fee for site plan or concept plan.
fee · Planning, Zoning, & Development Fees · FY 2024
$200
inflow
Grading plan review or grading permit application fee
Proposed application fee for grading plan review or grading permit.
fee · Planning, Zoning, & Development Fees · FY 2024
$200
inflow
Excavation and mining permit application fee
Proposed application fee for excavation and mining permit.
fee · Planning, Zoning, & Development Fees · FY 2024
$250
inflow
Excavation and mining permit annual review fee
Proposed annual review fee for excavation and mining permit.
fee · Planning, Zoning, & Development Fees · FY 2024
$100
inflow
Easement vacation application fee
Proposed application fee for easement vacation.
fee · Planning, Zoning, & Development Fees · FY 2024
$200
inflow
Wetland delineation review engineering escrow
Proposed wetland delineation review engineering escrow.
fee · Planning, Zoning, & Development Fees · FY 2024
$2,000
inflow
Right-of-way management registration fee
Proposed one-time right-of-way management registration fee.
fee · Planning, Zoning, & Development Fees · FY 2024
$150
inflow
Right-of-way management 0 to 1,000 linear feet fee
Proposed right-of-way management fee for 0 to 1,000 linear feet.
fee · Planning, Zoning, & Development Fees · FY 2024
$30
inflow
Single-family new construction NPDES inspection fee
Proposed NPDES inspection fee for single-family new construction low-priority uses.
fee · NPDES and construction escrows · FY 2024
$200
inflow
Single-family new construction NPDES inspection/compliance escrow
Proposed NPDES inspection/compliance escrow for single-family new construction low-priority uses.
fee · NPDES and construction escrows · FY 2024
$2,000
inflow
Single-family alterations NPDES inspection/compliance escrow
Proposed NPDES inspection/compliance escrow for certain single-family alterations or separate grading permits.
fee · NPDES and construction escrows · FY 2024
$1,000
inflow
High-priority uses NPDES inspection escrow minimum
Proposed minimum NPDES inspection escrow for high-priority uses.
fee · NPDES and construction escrows · FY 2024
$2,000
inflow
Special meeting public hearing fee
Proposed public hearing special meeting fee.
fee · Other Fees · FY 2024
$500
inflow
Special meeting City Council fee
Proposed City Council special meeting fee.
fee · Other Fees · FY 2024
$500
inflow
Littering and illegal dumping charge
Proposed littering and illegal dumping public safety charge, plus costs incurred.
fine · Other Fees · FY 2024
$100
inflow
Class A administrative enforcement penalty
Proposed Class A administrative enforcement penalty.
fine · Other Fees · FY 2024
$50
inflow
Class B administrative enforcement penalty
Proposed Class B administrative enforcement penalty.
fine · Other Fees · FY 2024
$200
inflow
Administrative hearing fee
Proposed administrative hearing fee paid by the party who does not prevail.
fee · Other Fees · FY 2024
$100
inflow
When someone tried to remember earlier business, we cross-reference the corpus and write a short related-history note.
so I am not going to go back over everything because I think we've talked about it before
— Planner Nash
What this is about
Planner Nash referred to prior Petersen Acres discussions and did not repeat the full review.
The records I searched do not contain a prior discussion or decision matching Planner Nash’s recollection about Petersen Acres. The search results returned other planning and zoning items from 2026, including K Land Development, Palomino Estates, and cannabis-related permits, but none identify Petersen Acres or show a prior council action on that topic.
in the past 22 years there's been two [10:16–10:26] houses built on 205th two houses and you're put five houses on that road in one year
— resident
What this is about
A resident described the historic pace of development on 205th Avenue to compare it with the proposed Petersen Acres lots.
The records searched contain only a partial match. They show that Petersen Acres had a previously approved development agreement, and the February 10, 2026 packet included a resolution to accept the required improvements and release the project’s financial security. The listed improvements were limited to establishing a wetland buffer with vegetation and marking the buffer edge with signs; the engineer recommended waiving the two-year warranty period because no public infrastructure was being turned over to the City. The records provided do not confirm the resident’s specific recollection that only two houses had been built on 205th Avenue in the prior 22 years, nor do they show a prior council finding comparing that pace of development with five Petersen Acres lots in one year. No vote outcome on the Petersen Acres financial-security release is included in the excerpt provided.
I know that you had recently approved a similar sounding variance for an [43:20–43:31] accessory structure in a front yard and it was on this property it was a little different scenario
— Planner Nash
What this is about
During the Lachei variance discussion, Planner Nash compared the request to a recently approved variance for a front-yard accessory structure.
The records provided show only partial matches to Planner Nash’s recollection. At the February 24, 2026 meeting, council discussed a Jones property where an accessory structure was proposed for business use and another three-sided shed was under investigation for setback compliance, but the excerpt does not show a front-yard accessory-structure variance being approved. At the April 14, 2026 meeting packet, council records also mention Palomino Estates, where non-compliant accessory buildings on lot 1 were tied to a pending variance application; the discussion noted about 7,800 square feet of accessory buildings and a needed variance of roughly 1,400 square feet. The same excerpt records a 5-0 approval of a conditional use permit for a flag lot in Palomino Estates, but it does not show a formal approval of a front-yard accessory-structure variance. The records I searched do not contain a prior approved variance matching that exact recollection.
you saw the preliminary plat at your meeting last month the city [1:10:49–1:11:02] council approv the preliminary PL
— Planner Nash
What this is about
Planner Nash reminded the Commission that it had reviewed the Nowthen Pastures preliminary plat the prior month and that the City Council had approved it.
The records I searched do not contain a prior decision matching Planner Nash’s recollection for the Nowthen Pastures preliminary plat. The closest results are unrelated development updates in the April 14, 2026 packet noting that Palomino Estates’ preliminary plat was approved by the Council at the March meeting and that Viking Estates was reviewed by the Council in March. Those records do not mention Nowthen Pastures, and the search results do not show a Planning Commission review or City Council approval of a Nowthen Pastures preliminary plat.
did we have a uh something about after 9:00 we take motion C you missed that meeting didn't you [2:19:30–2:19:46] that was last meeting that was last meeting
What this is about
During the third-party-consultant ordinance discussion, a participant referred to a prior meeting's rule about not opening new subjects after 9:00 p.m.
The records I searched do not contain a prior decision matching this recollection. The search results returned packet material on unrelated items, such as financial statements, zoning/permit ordinance language, fee schedules, and subdivision documents, but nothing showing that Council adopted a rule or motion at the prior meeting about not opening new subjects after 9:00 p.m. So, based on these records, I cannot confirm the referenced “after 9:00” rule or identify a recorded motion/vote on it.
at one point we had a part of that ordinance said that farmers were exempt [2:33:26–2:33:38] on some of that because you had to have old machinery for parts
What this is about
During the nuisance ordinance review, a participant recalled a prior ordinance provision that exempted farmers from some exterior-storage rules.
The records I searched do not contain a prior nuisance-ordinance decision or ordinance text matching the recollection that farmers were exempt from exterior-storage rules for old machinery or parts. The search results returned unrelated materials, including financial statements, fee-schedule ordinances, subdivision conditions, and cannabis-related ordinance language from 2025–2026. None of those records show a prior council action, vote, or ordinance provision about a farm exemption in the nuisance or exterior-storage rules.
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MOTION BY COUNCIL MEMBER BREYEN, SECONDED BY COUNCIL MEMBER GLASER TO APPROVE RESOLUTION 2026-37 GRANTING A CONDITIONAL USE PERMIT FOR THE FLAG LOT WITHIN THE PLAT KNOWN AS PALOMINO ESTATES. 5 AYES VI
MOTION BY COUNCIL MEMBER BREYEN, SECONDED BY COUNCIL MEMBER GLASER TO APPROVE RESOLUTION 2026-37 GRANTING A CONDITIONAL USE PERMIT FOR THE FLAG LOT WITHIN THE PLAT KNOWN AS PALOMINO ESTATES. 5 AYES VI
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## 6. Planning and Zoning City Planner Nash noted this was one of the longest planning and zoning agendas she had seen since being with the city, with multiple complex items to address. ## a. K Land D
Every document and recording archived for this meeting.
Meeting Planning and Zoning Commission Meeting — Minutes (2024-05-28)
Minutes · 2024-05-28
3 pages
Meeting Planning and Zoning Commission Meeting — Agenda Packet (2024-05-28)
Packet · 2024-05-28
140 pages
Meeting recording
YouTube
Transcript · 1097 segments · 2:51:52
The structured brief on this page is auto-generated and may need correction. The PDFs and the meeting recording remain the official record.