City of Burien
BURIEN PLANNING COMMISSION MEETING
April 13, 2004
7:00 p.m.
City Council Chambers
MINUTES
Planning Commission Members Present: Robert Simpson-Clark, chair; Jim Clingan, Rebecca McInteer, Jon Newton, Janet Shull, Michael Sumner, Barbara Williams
Absent: None
Others Present: David Johanson, senior planner; Dick Loman, Economic Development manager; Kirsten Pennington, transportation planner; Gerry Lindsay, minutes taker
Chair Simpson-Clark called the meeting to order at 7:00 p.m. Upon the call of the roll all Commissioners were present with the exception of Commissioner McInteer who arrived at 7:11 p.m.
Agenda Confirmation
The agenda as printed was approved by consensus.
Introduction of New Members
Public Comment
Mr. Frank Howerter, 14246 8th Avenue SW, said he has lived at his current residence for 30 years. He said it is his understanding that the Planning Commission must make a visit to a site before a business license can be issued. In the case involving a business now located on a property next to his there was some misinformation or a lack of information that led to the issuance of a business license.
A company called Superior Asphalt Maintenance has been permitted to locate and operate at 652 SW 143rd Street, but the company is in fact a paving company. Reading from the Citizen Action Request (CAR) filed earlier in the day with the city, he said the Planning Commission has made a mistake. An asphalt paving company should never have been granted a license to operate from the stated location. The noise, dust and smell of exhaust and asphalt are constant. Paving companies should be located outside residential areas.
The company begins moving heavy equipment at 6:00 a.m., begins loading raw materials at 7:00 a.m., and works until late at night. The company shows no consideration for the people who live nearby. Earlier in the day a truck exited the site and passed within 12 feet of his house; the whole house shook. The truck exited onto southbound 8th Avenue Southwest and cut off a school bus with students on board. The situation should be reconsidered and a remedy found. There has been an ongoing problem with the property for the past 15 years and it high time something is done about it. The city code enforcement officer reported that he visited the property owner and found him to be a very nice man who is not there to disturb or interrupt anyone; a response of that sort from a city official is simply not acceptable.
Mr. Mark Logan, 665 SW 143rd Street, addressed the same issue, noting that the asphalt company is located across the street from his house. He said he would not want to deny the company the right to operate, but the hours of operation should be limited to 9:00 a.m. to 5:00 p.m. There are children living in the neighborhood and it is very difficult to get them to sleep at night with big equipment running loudly. The operation is putting both dust and asphalt fumes into the air for the local residents to deal with.
Ms. Shirley Lessard, 635 SW 142nd Street, said she lives directly behind the property in question. She said she purchased her home in 1964 and has lived there ever since. At that time questions were asked about the vacant property on which the asphalt plant is now operating. She was told that the property would never be developed for a number of reasons.
In 1985 the trees on the site were removed in order to make room for a construction company. Representatives said big vehicles were to be stored there, and that a 10-foot retaining wall would be constructed. She said she contacted the city and was told that the city could do nothing until the construction company started to build. The trees were removed, the wall was built, and a large amount of fill was brought in. In addition to big equipment, the company stored oil drums and all kinds of things on the site.
At City Hall no permits allowing the construction company to use the property were ever found. There was never a notice of any code violation issued. No proper drainage was ever installed, and everything drains to her property. The company claimed that they were allowed to build on the site as a nonconforming use provided they did not rebuild any of the buildings on the site. The use was to be for a short time only and was not to be transferable to any other construction company. There are smells and there is dust. Such a company should never have been allowed in a residential area.
Ms. Cynthia Fossos, 645 SW 142nd Street, said she recently purchased a property along with her mother that is next door to Ms. Lessard. She said their intent is to build a new home. The asphalt use now operating could easily cause property values to drop even before construction of the home begins.
Mr. Robin Geiger, 14242 8th Avenue SW, said he has a two-year-old son and is concerned about his health given the dust and asphalt fumes in the air. He said his chickens have stopped laying eggs. The asphalt plant should not be allowed to be located where it is.
Chair Simpson-Clark explained that the involvement of the Planning Commission with regard to continuing nonconforming uses is limited to making recommendations to the City Council with regard to how the Comprehensive Plan and land use code should read. He said continuing nonconforming uses was one of the most difficult issues tackled by the commission. The property in question was one of the case studies used by the commission; before the city was incorporated the site was home to a construction company. The system is admittedly not perfect. He suggested that communications directed to the City Council would be the most productive; the council is the body that makes the final decisions. He noted that the testimony offered will be included in the minutes of the commission and will be read by the City Council.
David Johanson, senior planner, said the first step in making concerns known to the city is to file a CAR. Once that is done, staff conducts a review based on the record and the complaint. If a code violation is discovered, the city will follow up on it.
Commissioner McInteer said personal comments about how things are made by the city’s code enforcement officer would not be appreciated by the City Council or by staff, especially if such comments are made on the public record.
Old Business – None
New Business
A. Business Information Packet Review and Comment
Economic Development Manager Dick Loman said the proposed business information packet was developed based on a number of goals established by the Economic Development Element of the Comprehensive Plan. He called specific attention to Goal 8 which reads “Expand and improve services supporting business and residential development.” In connection with Goal 8, several suggestions were made by the Business and Economic Development Partnership (BEDP) and the Planning Commission. Among those suggestions was the creation of a packet of information to be used to inform new businesses about city regulations.
Mr. Loman said much of the information contained in the packet also is available on the city’s web site. The BEDP, however, felt that because so many potential businesses are small and may not have access to the web, a printed booklet is necessary.
Commissioner Williams said kudos are due staff for their efforts in putting the packet together. She said the packet is wonderfully rich in terms of the various aspects of the community it addresses. The document lists Burien’s schools, including Highline Community College, but it does not mention the Occupational Skills Center (OSC), which has a unique marine technology center in Seahurst Park. Mr. Loman thought it an excellent suggestion to add the OSC.
Commissioner Shull also praised the work of staff, especially the layout and the way it mentions Burien’s benefits first. The packet will serve the city well as a very useful tool. She called attention to the third page of the insert titled “Paint Recommendations” and noted that the first paragraph reads “Colors should overpower each other.” She suggested that it should read “Colors should not overpower each other.” Mr. Loman said the insert is a document developed by Discover Burien. He added that he would pass along that editorial comment.
Chair Simpson-Clark said he liked the way the packet couples the sign permit information with the business license application. He said his only concern would be in making sure the packet of information is put in front of potential business people before they sign a lease.
Commissioner Sumner asked if the paint recommendations are in fact recommendations or requirements. Mr. Johanson said in the design guidelines for the downtown area there is a discussion relative to the use of color. The code does not list specific color schemes. The city worked with Discover Burien to create a pallet of acceptable colors. Choosing from among the colors on the color pallet avoids the need for further review by staff in the permitting process. Most businesses like having the guidelines.
Commissioner Sumner offered his support for the packet overall.
Commissioner Newton indicated his approval as well. He said there is a great deal of information folded into the materials and a number of wonderful Internet links to additional information.
Commissioner Clingan suggested that the owners of properties leased out to businesses could benefit from having the packet in hand, particularly the paint recommendations. Commissioner Newton agreed and suggested commercial real estate agents could also benefit from having the information. Mr. Loman concurred and said he would look into mailing copies to those people.
B. Bike and Pedestrian Plan Update
Kirsten Pennington, transportation planner, explained that the Pedestrian and Bicycle Facilities Plan harkens back to when Burien was incorporated and the Comprehensive Plan was adopted. The Burien Vision specifically calls for paths and trails and walking and biking integrated with cars and transit. The Transportation Element of the Comprehensive Plan also contains several policies specific to the development of the Pedestrian and Bicycle Facilities Plan. Policy PRO-3.5 calls for paths and trails to be planned through a communitywide process. The Parks and Recreation Open Space Plan also supports the development of the Pedestrian and Bicycle Facilities Plan.
Continuing, Ms. Pennington said the purpose of the project is to provide a citywide plan for a connected system of sidewalks, bikeways, paths and trails to be built over time; to enhance non-motorized transportation and recreation opportunities; and improve community safety and livability. The project ultimately will include a map and list of projects to be implemented over time; a list of recommendations to be folded into the Comprehensive Plan; and a plan document and related appendices. All of the end products will be available on the city’s website.
Ms. Pennington said the preliminary list of pedestrian and bicycle projects is divided into high-priority and long-range projects. The high-priority projects are those that were deemed by the community steering group to be of most importance and in need of being focused on sooner rather than later.
The first step in the planning process was to conduct a complete inventory of all existing conditions in the city, which included determining where there are sidewalks and bike lanes, and what the existing plans and policies are for Burien and adjacent jurisdictions. All of the data was reviewed by the community and was refined until the draft was completed. The adoption process before Council is scheduled to begin in May.
The steering committee met six times over the past year. In addition there were 12 community meetings that were very well attended. Information updates were included on the website, articles were included in the city newsletter, there were ads in the newspaper and on the city television station. From the number of people who chose to get involved it can be concluded that people care about walking and biking in Burien.
Ms. Pennington said several factors influenced the development of the plan. Community input was very important, as were the existing conditions, technical expertise, the planning criteria relating to the types of projects to be considered, topography and natural conditions, and pre-existing city policies.
The Commissioners were shown maps depicting the long-range improvement projects, and the high-priority projects recommended by the plan. Ms. Pennington explained that the recommendations were based on analysis and public input and were focused on education and awareness, enforcement, implementation and funding, and the Comprehensive Plan policies.
Two study sessions are scheduled before the City Council in May. A public hearing is slated for June 7, which will be followed by a third study session, if warranted, on June 14. The proposed adoption date is June 21. Once the plan is adopted it will need to be integrated into the Comprehensive Plan. That process will require additional review by the commission.
Chair Simpson-Clark asked if the high-priority projects were ranked in any way. Ms. Pennington allowed that they are not. She said ultimately it will be up to the commission and the council to determine how the projects should be integrated into the Capital Improvement Program.
Commissioner Shull asked for information concerning the requirement for a public trail between the north end of 4th Avenue South and the south end of Des Moines Memorial Drive South within Burien when the currently vacant land develops. Ms. Pennington explained that there are a couple of vacant properties zoned Industrial where the two roadways connect. The location is appropriate for connecting facilities from the south to the transit center and other facilities planned for Des Moines Memorial Drive. The developer of the vacant properties likely will be encouraged to provide an easement or other access for a public trail.
With regard to enforcement, Commissioner Shull asked what was meant by “emphasis patrols.” Ms. Pennington said the reference is to more patrol hours for the facility. She allowed that the language could be clarified.
Commissioner Shull referred to the sixth and seventh bullets of the implementation section and asked if there has been any discussion about requiring or encouraging bicycle parking at large-scale commercial developments. Mr. Johanson said the code already requires such facilities.
Commissioner Shull said the plan is excellent and that she is very excited about it.
Commissioner Newton commended staff and all who worked on the plan. He said the result is an excellent plan that ultimately will benefit the citizens of the city.
Commissioner Williams noted that some of the maps reflect signs indicating access to places people may not be aware of, particularly the water access at Three Tree Point. She asked if there is an overall bullet that references the recommendation for signs that are consistent and that actually focus on some of the opportunity areas that may be unknown to some Burien citizens. Ms. Pennington allowed that there is no specified project to develop an overall sign plan. Commissioner Williams said she would like to see the notion pursued.
Commissioner Williams said she was very pleased with the plan and with the process utilized to develop it. Staff is to be commended for both the process and the outcome.
Director’s Report – None
Adjournment
Motion to adjourn was made by Commissioner Sumner. Second was by Commissioner Clingan and the motion carried unanimously.
Chair Simpson-Clark adjourned the meeting at 8:22 p.m.
Approved:
/s/ Robert Simpson-Clark, chair
Planning Commission
/s/ Scott Greenberg, director
Community Development Department