City of Burien
BURIEN PLANNING COMMISSION MEETING
May 28, 2002
6:30 to 9:00 p.m.
City Council Chambers
MINUTES
Planning Commission Members Present: Gerald Robison; Len Boscarine; Mickey Conlin; Jon Newton; Douglas Rahn; Robert Simpson-Clark; Bruce White
Absent: Robert Pierce, chair; Kirsti Weaver
Others Present: David Johanson, senior planner; Gerry Lindsay, recording secretary
Commissioner Robison called the meeting to order at 6:35 p.m. Upon the call of the roll, all commissioners were present with the exception of Chair Pierce and Commissioner Weaver.
Agenda Confirmation
Motion to approve the agenda was made by Commissioner Boscarine. Second was by Commissioner Simpson-Clark and the motion carried unanimously.
Approval of Minutes
A. February 26, 2002
Motion to approve the minutes as submitted was made by Commissioner Boscarine. Second was by Commissioner White and the motion carried unanimously.
Public Comment - None
A. Discussion of Proposed Changes to BMC 19.17.040, Cargo Container Regulations
David Johanson, senior planner, provided the commissioners with copies of the current code relating to the use of cargo containers for storage, and copies of the proposed code in draft form. He pointed out that under the existing code cargo containers can be used only for very specific purposes.
Commissioner White asked to have a definition of cargo containers included.
Mr. Johanson said the issue has been raised that the current code is too restrictive and that there may be a better approach which would meet the needs of the community in terms of maintaining attractive, quality neighborhoods, promoting a vibrant, attractive and quality downtown, and allowing flexibility for businesses. He said the proposed code was based on input from the Merchants of Burien and the SeaTac model.
Commissioner Simpson-Clark asked when the current code was adopted, and the answer given him by Mr. Johanson was January 2000. He said the current code is what was adopted following the previous recommendation of the Commission to the City Council. Commissioner Simpson-Clark noted that the current code has never been fully enforced.
Commissioner Boscarine moved to adopt the proposed code, saying it was better than the SeaTac model and the current code. Mr. Johanson said that action could eventually be taken if so desired by the Commission, but that a public hearing would have to be held first. Commissioner Boscarine withdrew his motion.
Referring to paragraph 3.I of the proposed code, Commissioner White suggested that the references to stick-built construction and peaked roofs were too limiting. Mr. Johanson said the intent is to retain the character of residential zones. He allowed that the language could be tweaked to suit the Commission and retain the purpose of fitting into the residential neighborhoods.
Commissioner Robison said he was less than thrilled with zoning regulations that are based on trying to make something fit with someone’s idea of what looks good in a neighborhood. He said what is good for a neighborhood is always amorphous. Mr. Johanson observed that under the current code, cargo containers are not permitted in residential zones unless part of a public park, recreation facility, school or hospital. The proposal would allow their use by homeowners in residential zones and would legalize existing containers provided they have all necessary permits and approvals.
From the audience, Gordon Shaw said the minimum size for a cargo container is 8 feet by 20 feet, or 160 square feet. To build a structure around a cargo container would mean a separate permit would be needed for both the container and the structure to hide the container.
Commissioner Robison took issue with the whole idea of having any regulations on cargo containers if they are housed inside a building. Cargo containers should be permitted anywhere the building they are in is permitted.
Commissioner Newton commented that cargo containers offer the benefit of a secure storage facility at a relatively low cost, something that is very attractive to small businesses. To require that the containers must have a structure built around them instead of just keeping them maintained and painted seems to be going too far. Mr. Johanson noted that only those containers located in residential areas or within 100 feet of a residential area would have to be screened with a stick-built structure.
Referring to paragraph 3.H of the proposed code, Commissioner Newton suggested the requirement should include additional verbiage saying the containers must be kept in good condition. Cargo containers that have seen a lot of sea duty are often very rusty.
Commissioner Boscarine questioned why there should be a requirement to build a building around the containers in residential areas, given that if the building is built the container is not necessary.
The Commission thought it would be helpful to receive some background information concerning why the cargo container ordinance was developed in the first place.
Commissioner Robison called attention to paragraph 2.B and asked what kind of site has all front property lines. Mr. Johanson said there may be a situation in which a site faces a street on all sides. In those situations, the siting criteria could not be met unless some flexibility was included. Commissioner Robison repeated his misgivings relative to aesthetic regulations.
Commissioner Robison suggested that the ordinance adoption date highlighted in paragraphs 4 and 5 should refer back to Ordinance 313. Any container in place when Ordinance 313 was adopted should be allowed to continue as nonconforming. He asked staff to gather information regarding what the effect of that approach would be.
Commissioner Simpson-Clark asked for information regarding how other jurisdictions have addressed the serial use of containers. He said he could imagine a situation in which a container is brought in empty to a commercial business, filled with something, then hauled away only to be replaced by another empty container. He said he would like to see the ordinance address the serial use of containers in the same manner as permanently sited containers.
Commissioner White reiterated his desire to see a definition of containers included and to be supplied with some examples of what kind of containers would fall under the ordinance.
Commissioner Conlin said he supported the use of cargo containers in residential zones provided they comply with the proper setbacks, maintenance, landscaping, and other requirements.
Commissioner Rahn pointed out that a majority of the Commission members are also members of the Merchants of Burien.
Motion to adjourn was made by Commissioner Boscarine and was seconded by Commissioner Simpson-Clark. Commissioner Robison adjourned the meeting at 7:16 p.m.
Approved
/s/ Robert Pierce, chair
Planning Commission
/s/ Scott Greenberg, director
Community Development Department