Planning 2012-05-24 Minutes - Work Session - Development Agreement Procedures / Book 2 of Draft Southcenter Plan

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City of Tukwila Planning Commission Planning Commission Worksession (PC) Minutes Date: May 24, 2012 Time: 6:30 PM Location: City Hall Council Chambers Present: Brooke Alford, Chair; Vice Chair, Thomas McLeod; Commissioners, Louise Strander, Mike Hansen, Aaron Hundtofte, and Jeri Frangello- Anderson Commissioner David Shumate arrived at 7:00 PM Staff: Nora Gierloff, Deputy DCD Director, Lynn Miranda, Senior Planner, and Wynetta Bivens, Planning Commission Secretary Chair Alford called the worksession to order at 6:30 PM. Minutes: Commissioner McLeod made a motion to adopt the April 26, 2012 Planning Commission minutes. Commissioner Hansen seconded the motion. The motion was unanimously approved. Request: An Ordinance establishing procedures for Development Agreements Nora Gierloff, Deputy Director, Department of Community Development, gave an overview of the Draft Ordinance for Development Agreement Procedures that was referred by the City Council. The Planning Commission will forward their recommendation back to the City Council; the City Council will hold a public hearing and make a final decision. A Development Agreement is a legislative item, which is voluntary on the part of the City. This is a process the City is authorized to do under state law but which has not been codified in the City's regulations. This ordinance is a way to formalize the development agreement process and expectations in the City's Zoning Code. The RCW allows this process so that Cities can make agreements with private property owners on complex or unusual projects. The only reason the City would enter into a Development Agreement is because they may feel there's a public benefit that they could not otherwise secure. Both parties entering into the development agreement would benefit, for instance, flexibility in standards is allowed in exchange for benefits to the public. Most regulations will continue to apply, except for those few that are called out to allow flexibility, for which parameters will be set. Commissioner Strander inquired about there not being specific language in the Development Agreement pertaining to Police and Fire codes. Staff stated that the code is for making changes to the zoning standards in the Zoning Code, which would not affect Police or Fire related codes. But there could be certain editions of other codes vested, for example a certain edition of the building code. If there are life safety reasons to be held to a newer standard of the code it is allowed and would override a Development Agreement. Commissioner Alford inquired if there have been any concerns on the part of the Fire Department on the Ordinance. Staff said that they have not heard any concerns expressed from Fire. Commissioner Hansen stated that using the language "person" in the ordinance does not seem appropriate, and expressed an interest in changing the word. Staff suggested that the word "person" could be changed to "entity There were no additional comments on the proposed ordinance. Commissioner Hansen made a motion to amend references in the Development Agreement Ordinance from "person" or "persons" to "the entity" where staff thinks it makes sense. The Planning Commission is forwarding their recommendation for approval of the Development Agreement Ordinance as amended to the City Council for their approval. Commissioner Hundtofte seconded the motion. All were in favor. Page 1 of 3