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HomeMy WebLinkAboutPlanning 2012-02-23 Minutes - Code AmendmentsCity of Tukwila Planning Commission Planning Commission (PC) Minutes Date: Febnuai 23, 2012 Time: 6:')0 PM Location: City Hall Council Chambers Present: Brooke Alford, Chair, Commissioners, Louise Strander, Mike Hansen, David Shumate, Aaron Hundtofte, and Jeri Frangello- Anderson Absent: Vice Chair, Thomas McLeod Staff: Nora Gierloff, Deputy- DCD Director, Minnie Dhaliival, Planning Supeilrisor, and Wynetta Bivens, Planning Commission Secretaiy Chair Alford opened the public hearing at 6: PM. Minutes: Commissioner Strander made a motion to adopt the Januaiy 26, 2(_)12 Planning Commission minutes. Commissioner Hansen seconded the motion. The motion was unanimously approved. SPECIAL PRESENTATION: Antony Ritch, Regional Senior Vice President, Development, Westfield Shopping Mall, gave a presentation regarding the mall's vision at the request of the Planning Commission. Mr. Ritch expressed their pride in being a true partner and investing in the community. He said that it is through the shed visions and partnerships that they are able to achieve the best results for the community, customers, retailers, and investors. Recentiv, Southcenter Nvon a "gold" award for the mall expansion. Mr. Ritch said the award is a veil prestigious award in the industry, and was a real compliment to the City, and the team, for the remodel accomplislmient, wluch was achieved under the City's current planning codes. Westfield became in involved with the TUC Plan in 2(_)(_)2, and is interested in continuing to work with staff on the revised draft TUC Plan. They have some concerns with the original TUC Draft, which they_ have discussed with staff. They feel that the proposed development regulations are not economically viable for developers. Concern vvas expressed with the vvav the code \vas ANTitten in the previous draft. And also with the following language, `the shopping industiv shift is away from internal focused malls to more open air malls', Westfield felt the previous draft Plan was far too prescriptive, and could be an issue for redeveloping the assets with a veil specific form of development. A Canadian pension ftmd investor has purchased the largest ever real estate investment with Westfield for a =45 percent stake of Southcenter and a number of other development assets. Mr. Ritch said they look foi xvard to continuing to invest in Southcenter and being part of the next evolution of Tuk vila. Mr. Ritch said they do not want to discourage investors. He stated that they share the vision for the Southcenter region to become more diversified with residential and office uses. They want to work with the City, but they need assurance that the infrastructure is in place. Public transportation, the roads, and connectivity are extremely important. However, they can't continue to invest if there is a risk that retailers and investors are going to go elsewhere due to better planning environments in wluch they can Nvork, and this is a major concern. Mr. Ritch said that Westfield looks foiNvard to receiving the next draft of the Plan and participating in conversations. He said the results of the Southcenter remodel have been fantastic, and they are veil proud to say that Southcenter is extremely strong and has come through the recession in a vein solid fashion, and they think that the product is truly world class. Commissioner Hansen, said that he concurs with many of the things Mr. Ritch said, and he believes it's the right direction for the TUC Plan. Mr. Hansen said Westfield is the engineer for Southcenter, moving foiNvard. He said Page 145 PC Hearing Minutes February 23, 2012 transportation will be critical to hovv people continue to move through the TUC and have the good planning development that eveivone wants to have. He also thanked Westfield for being part of the community and commended them on doing a great job. Commissioner Hundtofte asked Nyhat in particular is still outstanding for Westfield vvith the second draft. Mr. Ritch answered that they provided a vei detailed list of concerns in the original draft and they have not received any neNy information on Nyluch to comment. Once they receive neNy information, they vvill put together detailed comments. He also said that they would be happy to come back and discuss their comments. Additional comments from the PC The Commissioners thanked Mr. Ritch for the presentation, congratulated Westfield on winning the gold award, and expressed their appreciation for having Westfield in the City. Commissioner Alford asked if Westfield had a 1(_), 2(_), or 50 year plan for a vision for this property in their organization for the future. Commissioner Alford also asked if Westfield could potentially- see having residential housing above the mall one day. Mr. Ritch said they face a challenge having plans that are as far out as 10 -50 years. He said that five years out is even difficult to predict vvith all of the changes that happen and they are constantly adjusting their plans. He said they want to continue to diversifi the assets, keep open communication vvith the community and retailers, and evoke plans from there. He said the most important thing to do is to keep investing. Regarding housing above the mall, Mr. Ritch said Nyhat drives the ability to do nixed use is a lot of the infrastructure. He said it's veiN site specific and it depends on the timing and the demand. Commission Shumate expressed concern regarding the price of gas continuing to rise in the next feNy years and the impact it's going to have on people v ho normally drive to the mall. He said he hopes there will be a contingency- plan on getting people from the train station, light rail, or the bus, to the mall. Mr. Ritch stated they are veiv adept at working with cities to integrate public transportation, and would be more than willing to work with the City on this issue. PLANNING COMMISSION PUBLIC HEARING 1/26/12 CONTINUANCE: Chair Alford s-,-, in those vvishing to provide public testimony. CASE NUMBER: L12 -0o01 APPLICANT: City of TUl{lylla REQUEST: A series of proposed housekeeping code amendments ranging from code clarification to policy- decisions about allowed uses and development standards. LOCATION: City vvide Minnie Dhaliwal, Planning Supeii isor, Department of Community Development, explained that at the 1/26/12 public hearing it was proposed to add sub headings to the manufacturing uses that are allovved in the various zones including those allowed in the Commercial and Light Industrial (C /LI) zone. The discussion focused on one of the permitted uses listed as manufacturing of tools, vehicles, and machineiN and Nyhether it should continue to be listed as a permitted use or changed to a conditional use. Since the 1/26/12 public hearing, staff has notified all of the property- owners of the C /LI zone that the Planning Commission is reviewing this particular use. Staff received three comment letters on this issue, N duch vvere provided to the Commissioners. Staff noted that the C/Ll zone is spread out throughout the city and only a small portion of the overall area is adjacent to residential areas. Commissioner Strander disclosed that she informed Nora Gierloff that she o-,-,ns property in the C /LI. Ms Page 2 45 PC Hearing Minutes February 23, 2012 Gierloff thanked Ms. Strander for disclosing the information and stated that it is fine for her to participate in the public hearing for the Citywide zoning change. TESTIMONY: Paul Sheehan said he has owned a family business in Tukwila for 35 rears. He expressed concern yvith a comment made pertaining to v hether manufacturing uses yvere zoned appropriately-. He said he is hoping the City is not taking the approach that they do not 'want any manufacturing uses in the area. Mr. Sheehan said that they like it in Tukyvila and want to stay. Rick Bellin, Vice President, CFO for Harnish Group, and subsidiary companies, NC Machineiy and NC PoNver System, said that he is very alarmed there is consideration for a Conditional Use. He said they yvork yvith light and heavy- machinery including total rebuilds of tractors, and the proposed zoning change yvould affect them tremendously He said it yvould harm a long term resident that's been in Tuk vila for over 40 years, yvho generates high sales taxes for the City-. He said they have never created any type of environmental issue. And he strongly urges that the zoning is not revised. In response to a question from Commissioner Alford, he said a Conditional Use yvould put a limitation on the use of their property Robin Sweiger, business owner, said that she doesn't see yvhere this environmental impact issue has come from. She said that she is incredibly'' -owned about the zone being changed. She said all of the businesses in the area yvork together and that the area has been cleaned up. Gary Singh, Developer, discussed the issues addressed in the comment letter he submitted. He said that there is a language interpretation issue for one of the TMC codes. Mr. Singh is proposing a different method of calculation for the Maximum Building Footprint (TMC 18.10.057). Mr. Singh spoke in support of a proposal to alloy-, the Director of Community Development to approve a 10% alloyvable variance. (staff clarified that the building footprint issue was not discussed at the 1/26/12 public hearing but yeas discussed at the Community Affairs and Parks Committee meeting in October 2011) Mr. Singh urged the Planning Commission to consider his requests. Bruce MacVeigh, Civil Engineer, said he has yvorked on several projects yvith Mr. Singh. He spoke in support of Mr. Singh's proposed method of calculation for Maximum Building Footprint and spoke favorably of the homes Mr. Singh builds. Mike Overbeck, Tuk vila property oyvner of a proposed 31 unit toyvnhomes development, said that he is very passionate about being proactive and helping the city. He spoke in support of developers like Gary- being able to invest in the City. He said he hopes there is a y-, to resolve Mr. Singh's issues and move foi He commented that other municipalities yvould find a y-, to make this yvork. Mr. Overbeck said that he yvants to continue to participate in bringing businesses, people, and developers into Tukyvila. Louie Sanft, Tuk vila property owner, said he has several properties that are zoned C /LI. He said that he has a neyv project he is developing along Interurban Ave that could possibly be affected by changing the zoning, as yvell as some other existing properties. He said this change seems random and that he has not heard of any reasons v,hy- the changes need to occur. Environmentally, he said that the Department of Ecology- is really good at Watching businesses, as yvell as Bing Count- Industrial Waste Water Division, and the City of Tukyvila Fire Department. He said that he doesn't think changing the uses of businesses that are lay-, abiding, folloyving the rules, and doing everything appropriately-, yvould be fair to landlords. He also said a Conditional Use could limit businesses from opening neyv businesses and some businesses may- move to a different city. Mr. Sanft requested the manufacturing use is not changed to a Conditional Use because it yvould be discouraging to future businesses that may yvant to move here. There yvere no additional comments. The public hearing 'vas closed. The Planning Commission deliberated. Page 145 PC Hearing Minutes February 23, 2012 Commissioner Shumate asked what the Conditional Use entails and how it would involve property owners. He also asked whether staff notified the affected residents surrounding the C /LI of the public hearing. Staff responded that they only notified the property owners in the C /LI, and that the standard notice vvas published in the newspaper. Ms. Dhaliwal explained that Conditional Uses require an additional review process for a use to be approved. It involves a hearing, notifi all property owners within 5(_)(_) ft. of the property staff making a recommendation to the Hearing Examiner, the Hearing Examiner preparing the finding and facts, and making a decision on the proposal. There is criteria in the code for a Conditional Use for which the applicant will need to submit reports and justifi that it is not an impact to the area. Nekv construction structures over 1,5(_)(_) sq. ft. must go through Design Review, which is approved administratively for up to 10,0a 0 sq. ft. For structures, over 10,0a 0 sq. ft. there is a hearing process. In addition, structures larger than 12,000 sq. ft. must go through the State Environmental Policy Act (SEPA). Design Review and SEPA are already in the code and may be triggered for new development. Permitted uses do not require land use approval, they a business license, and they need a building permit for construction inside the building. Commissioner Hundtofte asked what was driving the proposed Conditional Use amendment. He also asked for some clarification regarding mixed uses in the NCC, and said if the amendment is approved Conditional Use should apply to the NCC also, because it is lighter than C/LI. Commissioner Alford stated that she raised the proposed Conditional Use amendment for manufacturing, based on language in the basic housekeeping standards. She said there was one classification that would have significant impacts in the C /LI, and she inquired whether it was appropriately zoned. She commented that she doesn't think that businesses should be penalized but that the community should have input regarding what is going on in their environment. Commissioner Stander said there are long term existing businesses that have been a part of the community, and that she personally- would be reluctant to put any sort of Conditional Use on their previously- zoned activity. Commissioner Hansen concurred with Commissioner Strander. He said that he votes in favor of leaving things the vvav they are. Commissioner Hundtofte asked if the proximity to the water could be governed by the Shoreline Master Plan and if other overlays, rather than just zoning, could cover it. Ms. Dhaliwal said that the properties that abut the river would apply for new construction or the uses section of the SMP. In addition to the local agencies, there are regional bodies such as the Department of Ecology- that would regulate clean air emissions. Under the Conditional Use criteria, in addition to the hearing, there would be documentation on what other overlays cover for regulations. Commissioner Alford asked if all of the other agencies and the current codes would protect AllenToNvn residents from redevelopment in the area from heavy Industtv and impacts from noise, vibration, dust, etc. Ms. Dhaliwal said that for any new development that triggers SEPA, there would be a review done for impacts to the environment. Also, an Environmental Impact Statement will need to be prepared to address the impacts for projects that have a significant impact. COMMISSIONER HANSEN MADE A MOTION TO RETAIN THE LANGUAGE IN ATTACHMENT `I' FOR MANUFACTURING USES IN THE C /LI WITH NO CHANGE. COMMISSIONER STRANDER SECONDED THE MOTION. COMMISSIONER ALFORD CALLED FOR A ROLL CALL VOTE. COMMISSION SHUMATE OPPOSED. THE MOTION PASSED 5-1. Page 4 45 PC Hearing Minutes February 23, 2012 Commissioner Alford expressed a concern with having permitted uses causing impacts; she said she hopes this issue can be addressed by a more comprehensive look in the future. There vvas discussion on Mr. Singh's proposal to change the building footprint calculations. Staff noted that this change could only be implemented if the policy is changed for the way single family houses are regulated. It vvas the consensus of the Commissioners to retain the current building footprint calculations. Quasi Judicial Rezone Staff returned with clarifi-ing information as requested by the PC at the 1/26/12 on their role pertaining to the quasi-judicial rezone process. The decision vvas to keep this item as a Type 5 decision unless Council delegates the authority to the PC for them to hear as a Tape 4 decision. COMMISSIONER HANSEN MADE A MOTION FOR TWO OPTIONS FOR THE PUBLIC HEARING PROCESS FOR SITE SPECIFIC REZONES: OPTION 1: STAFF HOLD ONE INFORMATIONAL PUBLIC MEETING PRIOR TO TYPE FIVE DECISIONS GOING TO CITY COUNCIL (PLANNING COMMISSION ATTENDANCE OPTIONAL); THEN CITY COUNCIL HOLD A PUBLIC HEARING AND MAKE A FINAL DECISION. OPTION 2: IF COUNCIL PREFERS, THE PLANNING COMMISSION HOLD THE PUBLIC HEARING AND FORWARD THEIR RECOMMENDATION TO THE CITY COUNCIL; THEN CITY COUNCIL HOLD A CLOSED RECORD PUBLIC HEARING AND MAKE A FINAL DECISION. COMMISSIONER STRANDER SECONDED THE MOTION. The decision was to keep this item as a Type 5 decision (Option 1) unless Council delegates the authority to the PC for them to hear as a Type 4 decision (Option 2). ALL WERE IN FAVOR. Other Reauested HousekeeDiniT Changes The remaining list of proposed housekeeping amendments, including the changes requested by the Planning Commission at the Januat meeting are listed in the draft Ordinance. COMMISSIONER SHUMATE MADE A MOTION TO APPROVE THE DRAFT ORDINANCE WITH AMENDED RECOMMENDATIONS. THE ORDINANCE WILL BE FORWARDED TO THE CITY COUNCIL FOR THEIR FINAL RECOMMENDATION. COMMISSIONER HANSEN SECONDED THE MOTION. ALL WERE IN FAVOR. DIRECTOR'S REPORT: Sign Code housekeeping items: Nora stated that there were not provisions in the Sign Code for signs to appear on gas station canopies staff is proposing to add some modest signage allowance for gas station canopies; Staff is proposing changes to the Sign Code that will streamline the permit process and allow businesses to amend their existing sign permit without being charged a fee. Staff will present changes to the CAP on 3/12/12, since they are very minor non policy oriented changes they are going to request for approve without returning to PC with the proposed changes. Staff contacted Nate Robinson in Tukwila Parks and Recreation regarding a youth outreach group attending a PC meeting and the PC using this as an opportunity to do some community outreach with the voath. Nate works with the Tukwila high school group of teens on college prep and community_ seiti ice. If there is an interest for Nora to pursue this, please let her know. Submitted By: Wvnetta Bivens Planning Commission Secretaiy Adjourned: 8:40 PM Adopted: 03 /22/12 Page 5 of 5