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Planning Comm MINS 05-07-1997 SUMMARY Commissioners present: Diana Noble-Gulliford (Vice-Chair), Dean Greenough, Peter Morse, Lu Joslin, and Tim Carr. Commissioners absent: Robert Vaughan and Todd Suchan. Staff present: Senior Planner Greg McCormick, Contract Planner Penelope Bell, and Administrative Assistant E. Tina Piety. Vice-Chair Noble-Gulliford called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES It was m/s/c to approve the minutes of April 16, 1997 AUDIENCE COMMENT None. ADMINISTRATIVE REPORT Mr. McCormick informed the commission that the staff of the Seattle Planning Commission is organizing a regional planning commission meeting on May 29, 3:30-5:00 in Tacoma, for the purpose of discussing regional issues such as cellular towers. Mr. McCormick went on to give a project update, noting that the city has placed a moratorium on cellular towers. COMMISSION BUSINESS - Nonconformance Code Amendment Vice Chair Noble-Gulliford opened the Public Hearing at 7:10 p.m. Ms. Bell presented the staff report. The commission is being asked to consider if the word public should be added to the definition; should the thresholds be changed; clarify when public improvements should be installed; choose which compliance alternative (s?) should be used; and perform various housekeeping items. Discussion was held on the school portable issue in regards to private schools and funding. The Public Testimony was opened at 7:25 p.m. City of Federal Way PLANNING COMMISSION May 7, 1997 City Hall 7:00 pm Council Chambers Planning Commission May 7, 1997 2 Rob Reuber, 37802 - 51st Avenue South, Auburn - In regards to the school portables, one of the problems with the code is that the cost to upgrade the site is more expensive than the portable itself. In regards to the sign code, it costs a lot of money in terms of budget and staff to enforce the nonconforming. There is only two/three years left until all signs must come into conformance and because of this, the city should not worry about legal nonconforming signs. It does not matter who may move in or out in the meantime. There are many positive things being considered in the nonconformance amendments. Allowing more time before compliance is required on a vacant site is helpful, because it can take a lot of time before someone can take over the site. For change of use, if there is no impact due to the change, change of use should be easy. Public and private should be treated the same. Agrees that the water quality procedure outlined in Exhibit A should be incorporated into the code. When doing phasing, one still needs to look at the total threshold. Mark Freitas, 33516 - 9th Avenue South, Bldg 5, Federal Way - He supports Mr. Reuber’s comments. Thresholds should be set for as long a time and as high as possible. There should be a difference between untenanted and abandoned. Also feels that the city should not make the effort to deal with legal nonconforming signs until the compliance date in February 2000. Public and private should have the same procedures. Has concerns about small sites. Many times there is not enough room to do all of the required improvements. Exceptions should be made. Have had people look at sites but decide not to pursue the matter because the codes are too restrictive. Phasing is difficult because it never gets done. Elaine Mansoor, Sea Tac Mall - Submitted a letter to the commission. Supports the proportional alternative. Having to bring the entire mall in compliance would not work. Rob Reuber, 37802 - 51st Avenue South, Auburn - This is a never ending process. Five years from now, a building built today can be out of conformance if the codes change. Where will it end? Can today’s buildings be grandfathered? Public Testimony was closed at 8:00 p.m. It was m/s/c to add the word “public” to the definition of nonconformance. Discussion was held on the use of the words “assessed” and “appraised” in the nonconformance thresholds. Concern was aired that they are not the same thing; they have different values. It was clarified that both words are used to provide flexibility. It was m/s/c to leave the nonconformance thresholds weighted. Discussion was held on the Public Works’ policy of retrofitting of water quality treatment facilities. Discussion was held on the grid system in the City Center. It was stated that the city currently negotiates with prospective developers for dedication of right-of-way for the grid Planning Commission May 7, 1997 3 system. It was m/s/c to: 1) extend the time frame fro street improvements to 180 days and one year; 2) codify current Public Works’s policy regarding Criteria for Water Quality Retrofit; and 3) delete Section 22-1473, move it to the nonconformance section, and add the Public Works policy to this section. In regards to the four compliance alternatives, the commission was asked to keep in mind whether there should be more than once alternative available and if so, should only one be allowed per project. It was m/s/f to send the Exceptions alternative back to staff. It was moved, but died for the lack of a second, to not recommend the Exceptions Alternative. It was m/s/c to recommend the Proportional Compliance Alternative as amended. It was m/s/c to amend the thresholds and time lines in the Proportional Compliance Alternative to make them consistent with the rest of the code. It was m/s/c to not recommend the Phased Compliance Alternative. It was m/s/c to not recommend the Deferred Compliance Alternative. It was m/s/c to continue the Public Hearing on May 21, 1997 at 7:00 p.m. in the City Hall Council Chambers. ADDITIONAL BUSINESS None. AUDIENCE COMMENT Mark Freitas, 33516 - 9th Avenue South, Bldg 5, Federal Way - He feels the Planning Commission is doing a good job. Is concerned with the lack of public input. Stated that it is the job of the commission to hear from people, base decisions on what is said, and not necessarily what the staff recommends. ADJOURN It was m/s/c to adjourn the meeting at 9:55 p.m. 050797.SUM