City of Burien
BURIEN PLANNING COMMISSION MEETING
March 25, 2003
7:00 p.m.
City Council Chambers
MINUTES
Planning Commission Members Present: Robert Pierce, chair; Len Boscarine; Mickey Conlin; Jon Newton; Robert Simpson-Clark
Absent: Gerald Robison; Douglas Rahn; Kirsti Weaver
Others Present: Scott Greenberg, planning director; Pat Smith, planner
Director’s Report
Scott Greenberg, planning director, noted that on March 17 the City Council approved new regulations for personal wireless service facilities. The council adopted the commission’s clarifying language relating to facilities on utility poles, setbacks, and the height limit of 60 feet in any zone where a monopole is allowed. The council did not adopt the recommendation of the commission to require a bond or some financial security to guarantee removal of facilities no longer in use, the language referring to 10 percent of the floor space in a downtown zone devoted to wireless facilities, or the discussion about allowing the facilities at school sites.
Mr. Greenberg provided the commissioners with copies of the council’s adopted legislative priorities for 2003. He said the document provides both the council and staff policy guidance on the various issues listed. As new issues arise the council can amend the document.
Attention of the commissioners was drawn to page 13 of the legislative agenda and the item titled “Northeast Special Planning Area Buy-out and Port of Seattle Resale Redevelopment of Northeast Burien Airport Impacted Properties.” Mr. Greenberg noted that on March 3 the council adopted the Comprehensive Plan changes recommended by the commission and there is now a planning designation for SPA-4. The next two pieces to be worked on are the design guidelines and the land assembly strategies.
Commissioner Boscarine arrived.
Mr. Greenberg said the land assembly strategies are being worked on to answer the key question of how to assist with a rapid redevelopment of SPA-4. The Port will buy their part and the market will do the rest, but steps need to be taken to make sure all of that happens so that the properties will not remain vacant and undeveloped. The commissioners were shown a map of the Approach Transition Zone and the Runway Protection Zone with the residentially used properties highlighted. Mr. Greenberg noted that if the Port were to only buy out land within the Approach Transition Zone, it is the residential properties they would purchase.
Mr. Greenberg said timing is a big issue. The Port is talking about not buying out most of the property, except for the mobile home parks that they have already started on, until 2008 or 2009 timed with construction of the third runway. That will leave a fairly large area not owned by the Port. Staff believes the best approach will be to assemble as much as possible of the land within SPA-4 into a single ownership. That assemblage could then be parceled out for redevelopment in a logical fashion. With the land assemblage there would need to be an upgrading of the infrastructure to make the land ready for redevelopment.
Several tools are available to the city to effect the assembly plan. One is a redevelopment agency or authority in which the council would most likely serve as the board of directors, though there could be a legal partnership formed with the Port. The redevelopment agency would then buy the land. Funding could come about through the use of tax increment financing. As the land redevelops the taxes on the land will increase, and tax increment financing is simply spending the tax increase in advance of collections. The funds could be used to construct infrastructure or for purchasing property.
Another financing tool is a pilot project. Mr. Greenberg explained that at the federal level the Air 21 bill, the airport reauthorization bill, is moving through Congress. The City Council has lobbied hard with members of the appropriate committee to try putting together a joint project with the Port under the umbrella of mitigating the financial impacts of the Port owning land within the city. The legislators have been asked to consider the pilot project, which would allow for the forming of the redevelopment agency funded primarily with federal dollars. Once the land assembly is completed and actions are taken to begin selling it off for redevelopment, the funds generated would go back into the pool to be used to purchase more land.
Answering a question asked by Chair Pierce, Mr. Greenberg said the intent is for all of SPA-4 to be converted to business park. There may be people who individually are not interested in being bought out, and the development agency may not want certain properties. In other cases the agency would do whatever it must to obtain properties at fair market values.
Commissioner Conlin asked if it would be a good thing for the City to get the entire area into a free trade zone. Mr. Greenberg said that approach was previously talked about and is something still being considered. He said he did not know how much benefit there would be.
Mr. Greenberg said staff has been working with the Port for more than two years on issues outside of the third runway. An agenda of issues to be worked out has been developed and everyone understands that most of the issues will not be solved overnight.
Turning to the proposed amendments to the municipal code relative to the Planning Commission, Mr. Greenberg noted that five changes are under study. First, the Commission would be reduced from nine members to seven. Second, the current provision that allows for alternate and non-voting members, a provision that has never been used, would be eliminated. Third, Commission appointments would be made after City Council elections to improve efficiency. Fourth, the provision relating to quarterly reports and an annual meeting with the City Council would be eliminated. Fifth, the purpose section would be revised to state “advice and recommendation” instead of “guidance and direction.”
Commissioner Boscarine suggested that since the City Council members are paid, the Planning Commission members should be paid as well. Mr. Greenberg said he is not aware of any Planning Commission that is paid.
Chair Pierce called the meeting to order at 7:45 p.m. Upon the call of the roll all commissioners were present with the exception of Commissioners Robison, Rahn and Weaver.
Agenda Confirmation
It was agreed that the agenda should be amended to include a discussion of the proposed municipal code amendments.
Motion to approve the agenda as amended was made by Commissioner Newton. Second was by Commissioner Boscarine and the motion carried unanimously.
Approval of Minutes
A. March 11, 2003
Motion to approve the minutes as submitted was made by Commissioner Boscarine. Second was by Commissioner Newton and the motion carried unanimously.
Public Comment - None
A. Proposed Revisions to BMC 2.45 – Planning Commission
Commissioner Conlin suggested that it might be easier to get a quorum of five when there are nine commissioners to choose from rather than a quorum of four with only seven to choose from.
Commissioner Newton said he had no argument against reducing the number of commission members to seven or the issue of when the commissioners should be appointed.
Commissioner Simpson-Clark suggested that rather than a fixed number, a quorum should consist of half or more of the members. That way if the commission were reduced to seven members and one member resigned, only three would be required for a quorum.
Chair Pierce suggested that if the commission is reduced to seven members, a quorum should still consist of five to avoid tie vote situations.
Mr. Greenberg said the best way to avoid quorum issues when the commission has vacant seats is to encourage the City Council to fill the seats, even if only with interim assignments. He said he was not aware of any body that allowed 50 percent of the membership to constitute a quorum.
Chair Pierce offered his support for reducing the number of commissioners to seven, adding that all boards and commissions appointed by the City Council should have no more than seven members for consistency. He allowed that the other proposed changes make perfect sense.
Commissioner Newton suggested that the language of Section 2.45.040 should reflect the purpose statement with regard to “advice and recommendation.” He suggested that having only seven members would not have any adverse affect on the operation of the commission.
Commissioner Conlin held the view that with nine commissioners instead of seven there is opportunity for a wider array of opinions. Commissioner Newton said he would agree if the recommendation were to reduce the number to only five; a body of seven is sufficient to allow for diversity.
Commissioner Conlin suggested that changing the appointment date to follow council elections could be to permit the councilmembers to bring in yes-people who will see things their way. The council would be much better served by having Planning Commission members who do not necessarily agree with them because that way they get divergent opinions.
Commissioner Newton said the council, in appointing people to serve on board and commissions, is more focused on finding people willing to serve and contribute to the community than on political viewpoints. The proposed appointment date change could result in a better working relationship with the council overall.
Chair Pierce noted that while the council may not always agree with the commission, they do appreciate the work the commission does.
Mr. Greenberg explained that a council election will be conducted in November 2003. The council that will be seated in early 2004 will appoint three members to the Planning Commission. Another council election will be held in November 2005 and, when seated in early 2006, those councilmembers will appoint the four other commission positions.
Commissioner Simpson-Clark concurred with the proposed approach.
Motion to recommend approval of the proposed amendments was made by Commissioner Newton. Second was by Commissioner Simpson-Clark and the motion carried 3-2 with Chair Pierce and Commissioners Newton and Simpson-Clark voting for, and Commissioners Boscarine and Conlin voting no.
B. Public Hearing: Amendment to the Critical Aquifer Recharge Area Ordinance
Pat Smith, planner, noted that the changes to the ordinance previously recommended by the commission had been made, with the exception of the section referring to the use of radioactive substances in clinics and doctors’ offices. He said with regard to the latter that staff was still working on the language.
Chair Pierce reopened the public hearing continued from March 11.
There were no people present to offer testimony.
Chair Pierce declared the public hearing closed.
Motion to recommend approval of the proposed amendment to the critical aquifer recharge areas ordinance was made by Commissioner Boscarine. Second was by Commissioner Simpson-Clark and the motion carried unanimously.
B. Public Hearing: Amendment to the Wetland Ordinance
Chair Pierce declared the public hearing open.
There were no people present to offer testimony.
Chair Pierce continued the public hearing to the April 8 meeting of the commission.
New Business – None
Adjournment
Motion to adjourn was made by Commissioner Newton. Second was by Commissioner Conlin and the motion carried unanimously.
Chair Pierce adjourned the meeting at 8:15 p.m.
Approved
/s/ Robert Pierce, chair
Planning Commission
/s/ Scott Greenberg, director
Community Development Department