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HomeMy WebLinkAboutPlanning 2016-03-24 Minutes - 2016 Housekeeping Code AmendmentsDate: Time: Location Present: Absent: Staff: City of Tukwila Planning Commission PLANNING COMMISSION (PC) MINUTES March 24, 2016 6:30 PM Council Chambers Chair, Sharon Mann; Vice Chair, Miguel Maestas; Commissioners, Louise Strander, Brooke Alford and Nhan Nguyen Commissioner Mike Hansen Minnie Dhaliwal, Planning Supervisor; and Wynetta Bivens, Planning Commission Secretary Chair Mann called the public hearing to order. Motion: Commissioner Nguyen made a motion to adopt the February 25, 2016 minutes. Commissioner Maestas seconded the motion. All were in favor. Request: Commissioner Strander requested revisions to the minutes. After reviewing the public hearing recording staff determined that the applicable comments were already included in the minutes. Chair Mann opened the public hearing and swore in those wishing to provide testimony. CASE NUMBER: L16 -0010 TITLE: 2016 Housekeeping Code Amendments TOPIC: Housekeeping Code Amendments to Title 17, 18, 19 and 21 (Subdivision, Zoning, Sign and SEPA Environmental Regulations) of the Tukwila Municipal Code. The proposed amendments range from code clarification to updating development regulations and permit processes. LOCATION: City Wide Minnie Dhaliwal, Planning Supervisor, Department of Community Development, gave the presentation. Two comment letters and a list of additional amendments related to the Sign Code were entered into the record. A copy of each of these items were previously handed out to each member of the Commission. The comment letters were received during the review process; one from Washington State Department of Transportation (WSDOT) and one from the Southcenter Square property owner. The list of additional Sign Code amendments were content based regulations that the city attorney recommended to address in the ordinance. The Commission reviewed proposed changes for the following four Ordinances: Sign Code, Zoning Code, SEPA, and Subdivision/Plats. Sign Code Proposed sign code and sign permit changes: Due to a Supreme Court's ruling on Reed v. Town of Gilbert staff is proposing eliminating any content based regulations such as political signs, which are considered unconstitutional. Page 2 Public Hearing Minutes March 24, 2016 • Clarification: business entrances that do not have a facade and meet certain criteria are allowed smaller signs of up to 50% of the maximum allowance. There was no policy change, the criteria language was moved to a different location. • Flexibility for granting permit extensions beyond 30 days based on reasonable circumstances. • Allowance of a non - content neutral center identification sign on each business owner's premise. • Increase the size of the fuel canopy signs to a 10 sq. ft. maximum. • Increase the number of signs allowed on residential property to two without a sign permit in lieu of political sign provisions. • Allow one additional sign (maximum of 50 sq. ft.) in addition to individual tenant signs for each premises totaling 25,000 sq. ft. or more that does not qualify for the Master Sign Program and has gone through design review. Delete real estate portable sign provisions as these are content based. Staff s response to comment letters: Washington State Department of Transportation (WSDOT): WSDOT has their own sign regulations. WSDOT provided comments on the signs that can be seen from the free -way and the limited access. Staff informed WSDOT that the City's code states the applicant is supposed to obtain any permits needed from WSDOT. Also, the applicant is supposed to comply with WSDOT's regulations. However, staff said because WSDOT's codes are also content related they need to review their own regulations and revise their codes. Southcenter Square Property Owner: The property owner requested amendments to allow a property identification sign. Staff said their property qualifies for the Master Sign Program. In 2011 a Master Sign Program was approved for the property. However, Carter's already had one sign and even under the Master Sign Program a second sign on the same facade is not allowed. Language is being proposed that could be added to the Master Sign criteria to allow the sign area for a facade to be divided into two signs as long as they are at least 20 ft. apart. This provision would apply to only one location on the premise. Staff said it would help with place making and is much nicer than some of the other signs that are currently allowed, which were approved under the Master Sign Program. Staff is supportive of the change. The proposed language was provided in Exhibit -3 Testimony Kevin McNulty, representative for the Parkway Village provided some history on the land, ownership and the major facade improvements. Mr. McNulty said they renovated, went through design review, changed the name to Parkway Village, and did some signage improvements and removed all of the non - conforming signs. He said they went from an outdated look to a new village concept for retail look and they have already seen increased activity for the vacant spaces. He said they worked to maximize their signage but that they are very limited to showcase their new branding efforts. The proposed Sign Code revision would allow for placement of an additional sign on the top of their building. It would prominently display the new center name and they believe the branding Parkway Village at Southcenter enhances the overall shopper draw. It would significantly add strength to the entire retail neighborhood. Mr. McNulty said sales have already increased by 15 — 25 percent. The applicant would like to see the proposed sign code adopted so they can place a signage on their building. He said that the McNulty family have lived and worked in the Tukwila area for a century and their renovations show a renewed commitment to the area. Staff responded to the inquiries from the Commissioners regarding the regulations for the type of sign, and also who would review the project. Leshya Wig, Wig Properties, Owners of Southcenter Square, said they built their property in 2007. At the time they also constructed a 60 ft. tall tower and the intent was for the tower to contribute to the overall ambience of Page 3 Public Hearing Minutes March 24, 2016 the center and help with place making with the center. Ms. Wig said they have been trying since to put up a sign with the Southcenter Square name at the top of the tower to identify the center since 2007. She said so far they have not be able to because with the existing sign code it is not permitted. Under the Master Sign Program they are requesting the allowable sign area be split between two flush mounted building signs instead of having it all in one location. Ms. Wig said the proposed amendment would increase the place making, visibility and identity for the shopping center, as well as increase way finding. Ms. Wig said that they continue to invest in their property and they would be very thankful for the opportunity to make the investment for an additional sign. There was no additional public testimony. The Planning Commission deliberated on the Sign Code. Staff responded to several questions from the Commissioners. The Commissioners were in consensus with the following additional changes to the Sign Code: • 19.12.030, 9b Planning Commission were in consensus for temporary signs on residential properties - Allow up to 4 signs instead of 2 to compensate for taking out political sign provision. Planning Commission recommended to allow up to four signs with each sign less than 6 sq. ft. with a maximum total sign area of 12 sq. ft. Sharon Mann was in favor of leaving letter 19.12.030 C provisions related to real estate signs in the code. • 9.32.060, Amend - Master Sign Program to allow signage to be split between two signs within a vertical separation of 20 ft. • 19.12.040 Prohibited Signs, number 3, `Any sign, symbol, object or device located within the City or State right -of -way, City easement or City owned property without City or State approval.' Need to include not just the City right -of -way, but also City owned property. • 19.12.040 Prohibited Signs, add number 10 to read, `No sign can be put on any property without the property owner's permission.' Zoning Code There was no public testimony. Proposed changes. • Amend procedures section of the code to correctly reference the use of a hearing examiner process for quasi - judicial land use decisions. • The need for assisted living facilities definition, adopting the state law definition and listing them as a permitted use /conditional use where a convalescent center /nursing home is permitted/conditional use. • Replace the list of uses in each of the zones and adopt a separate chapter that deals with the uses and put them in the matrix format. • Incorporate code interpretations into the code. • Add hardship criteria to the Zoning Code Variance criteria. • Amend the Tukwila Urban Center code to `grandfather' in preexisting buildings that are taller than 45 feet. • Single family standards — clarify language to read `any structure on a residential piece of property that requires a building permit.' • Housing Option Program — Repeal the ordinance as was sunset in 2008. There was extensive discussion concerning senior citizen housing, assisted living facilities and convalescent center /nursing home. Commissioner Mann inquired why the assisted living or convalescent nursing homes are not allowed in HDR or MDR. Staff clarified the scope of proposed changes was housekeeping so no major policy related changes were proposed. Commissioner Mann requested that staff review the definition of Senior Page 4 Public Hearing Minutes March 24, 2016 Citizen Housing and Commissioner Strander was in consensus. Commissioners also decided not to repeal the Housing Options Program at this time, but deferred until there is further discussion on the topic. Four Commissioners voted to leave Housing Options Program in the code until such time that there is further policy discussion on Housing Options Program. Proposed change by the Commission: • 18.06.708, Senior Citizen Housing, remove the following language from the last sentence in the definition: `however, the population of disabled individuals may not exceed 20% of the residents.' SEPA There was no public testimony. Proposed changes: • Update Tukwila Municipal Code (TMC) to be consistent with the updated State Law. • Update the list of plans referenced in the TMC with the latest versions • Revise the SEPA ordinance to add exemption criteria for development proposals in the Tukwila Urban Center and add procedures for tracking such exempt development. Subdivision and Plan There was no public testimony. Proposed changes: • Update the Tukwila Municipal Code language for expiration time frames to make it consistent with the State Law. The public hearing was closed. Motion: Commissioner Alford made a motion to approve Case Number L16 -0010, 2016 Housekeeping Code Amendments as revised, and to forward them to the City Council for their review. Commissioner Strander seconded the motion. All were in favor Director's Report: • Wood Springs Suites Hotel Design Review proposal coming to PC in April Adjourned: 8:20 PM Submitted by: Wynetta Bivens Planning Commission Secretary Adopted: 4/28/16