City of Burien
BURIEN PLANNING COMMISSION MEETING
June 22, 2004
7:00 p.m.
City Council Chambers
MINUTES
Planning Commission Members Present: Robert Simpson-Clark, chair; Jim Clingan, Jon Newton, Janet Shull, Michael Sumner, and Barbara Williams
Absent: Rebecca McInteer
Others Present: David Johanson, senior planner; David Cline, assistant to the City Manager; 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.
Agenda Confirmation
Motion to approve the agenda as printed was made by Commissioner Newton. Second was by Commissioner Shull and the motion carried unanimously.
Public Comment
Ms. Carol Hallen, Highline Community Hospital, 16251 Sylvester Road SW, read into the record a letter regarding the request of the hospital for a rezone from the current Office zoning to Hospital. The June 15 staff recommendation has been reviewed and the hospital administration understands that rezoning the area would require significant city resources. Given the recent completion of the hospital master plan, the proposed rezone may not be as urgent as some of the other requests currently on the city’s plate. The hospital has for many years been pursuing a rezoning of the campus site, but is willing to defer the request to the 2005 Comprehensive Plan to allow sufficient time for the hospital to further research the value and benefits of the rezone. Having a hospital zone is critical to the ability of the hospital to grow and meet the needs of the Burien community. The hospital intends to work collaboratively with the city. The rezone request should not be withdrawn but deferred to the 2005 docket.
Commissioner Sumner asked if the issue was raised in 1993 when Burien incorporated as a city.
Ms. Diane Munroe, Highline Community Hospital, 16251 Sylvester Road SW, answered that when King County originally considered the request of the hospital for a rezone in 1991, the hearing examiner contacted the Burien action group. King County specifically asked the Burien action group whether or not they should move forward with the rezone request or wait until the city was incorporated. The group directed King County to make the decision, so the county granted the rezone request. The Office zoning came about after Burien incorporated. The hospital at that time became a conditional use, which makes planning much less flexible.
Answering a question asked by Chair Simpson-Clark, Ms. Munroe said the hospital wants the rezone application to be accepted by the city but placed on the 2005 docket instead of the 2004 docket. She stressed that the hospital does not want the issue simply dropped.
Mr. Johanson said if a hospital zone is created, it will take a Comprehensive Plan amendment because there will have to be policy and criteria foundations for the zone, just like all of the other zones have. In addition, the zoning code would need to be amended to include a hospital zone section.
Chair Simpson-Clark suggested that the hospital’s requirements could be best met by moving ahead with making the Comprehensive Plan change in 2004, knowing that it will take at least a year to write and establish the new zone criteria.
Mr. Eric Stahfeld, 145 SW 155th Street, spoke representing Ted Watson, proponent for proposed amendment 2004-2. He explained that the property in question is zoned RS-12,000 and the request is for a rezone to RS-9,600. An outline of the property was sketched, showing the location of the existing house and a rough estimation of how the 60,000 square foot site could be divided into two additional lots. The site originally enjoyed a much greater density. RS-12,000 simply does not comply with the direction set down by the Growth Management Hearings Board. The site should be rezoned to something much closer to the original zoning.
Mr. Gerald Robison, 648 South 152nd #7, addressed items 2004-1 and 2004-6. He indicated his disagreement with the staff report for 2004-1 and said he would be available during the meeting to answer questions.
Mr. Brian Shaw, 16233 21st Avenue SW, handed the commissioners a letter for the record. Speaking as the applicant for 2004-4, he said the lot is nonconforming because it was created under an R-7,200 zoning. By changing the zoning to R-12,000, the rules are significantly changed, primarily evidenced by the impervious surfaces requirement; the 70 percent coverage allowed in R-7,200 falls to 45 percent, greatly affecting how the property can be used. Policies RE-1.2 and RE-1.5 both allow for changes to low-density residential when there are sensitive areas or infrastructure constraints. There are no sensitive areas on the subject property, or on any of the adjacent properties along 21st Avenue Southwest. Under the Growth Management Hearings Board Woodway case, there must be four dwelling units per net acre, not counting the sensitive areas. If staff considers the proposal to constitute spot zoning, the appropriate response would be to re-designate all of the properties on the west side of 21st Avenue Southwest that do not have critical areas to urban densities.
Approval of Minutes
A. May 25, 2004
Motion to approve the minutes as submitted was made by Commissioner Clingan. Second was by Commissioner Sumner and the motion carried unanimously.
Old Business
A. 2004 Comprehensive Plan Docket Recommendation
David Johanson, senior planner, said 2004-1 involves a request to change the zoning from RM-12 to Community Commercial (CC), and to change the Comprehensive Plan designation from Low-Density Multifamily to Community Commercial. He said the staff recommendation is to remove the item from the docket. One fundamental flaw with the proposal is that by definition Community Commercial areas must be located on a principal arterial in close proximity to the downtown core. In addition, the proposal would be considered a spot zone.
Motion that the Planning Commission recommend to the City Council that proposed Comprehensive Plan amendment Reference 2004-1 be included in the 2004 Comprehensive Plan docket was made by Commissioner Newton. Second was by Commissioner Shull.
Chair Simpson-Clark observed that the proposed request includes two actions in one, namely changing permitted uses in Community Commercial, and the change in zoning. There is a hierarchy involved with the commercial classifications ranging from the least public interaction to the most public interaction. The proposal anticipates a rather significant jump. It may well be reasonable to think of storage units as a neighborhood use, but from a definitional standpoint that has not happened yet.
Commissioner Clingan asked what the commercial zoning is at the corner of Southwest 116th Street and 16th Avenue Southwest on the east side of Ambaum. Mr. Johanson said it is Neighborhood Commercial. Commissioner Clingan asked if Community Commercial is considered to be one step above Industrial. Chair Simpson-Clark allowed that there is no strictly linear relationship between the various commercial zones. Location is a large factor in determining zoning. The current zoning for the site relates more to neighborhood uses.
Mr. Johanson said the strip along 1st Avenue South is Regional Commercial, which for all intents and purposes can be considered to be a step above Community Commercial. Intersection Commercial would be a step lower than that, and Neighborhood Commercial would be a step lower yet.
Commissioner Clingan allowed that while the site may be more than a mile from the downtown and situated in what is primarily a residential area, a mini storage use could be good for the local neighborhood. The site has excellent access and likely would not generate a great deal of traffic. Mr. Johanson agreed, adding that at the docket stage the focus is not on the merits of a particular use but rather on whether or not it fits the Comprehensive Plan criteria. Areas to be designated Community Commercial according to the Comprehensive Plan must be in close proximity to the downtown core.
Commissioner Newton pointed out that Ambaum serves as a major route connecting the Downtown commercial core with other commercial areas. The immediate area of the subject property includes some high-density multifamily that could make good use of a mini storage facility. The property is odd shaped and it would be nice to see it used for something offering more of a benefit to the community. He asked if the term “close proximity” has strict boundaries or if it could be stretched a little bit. Mr. Johanson said the close proximity issue is only one of the stumbling points. Another is the fact that the proposal amounts to a spot zoning. In determining close proximity the other commercial zones are looked at, along with the local land use patterns. The fact is there is really no similar Community Commercial zone anywhere near the subject property.
Commissioner Williams agreed that the proposal wraps in too many zoning leaps to get to the desired result easily. She agreed that there could be some considerations that should be made, but as proposed it simply does not mesh with the Comprehensive Plan criteria.
Commissioner Shull said she would not be able to support placing the matter on the docket, primarily because the proposal is inconsistent with the Comprehensive Plan policies. The Community Commercial zone as it has been applied in Burien is all in close proximity to the downtown. Granting the request would set a precedent that other properties might want to match in the future. She allowed that there is a growing need for mini storage uses, but said she was not ready to amend the Community Commercial zone to allow the use outright.
Chair Simpson-Clark said it is his understanding that there are legal issues involved in eliminating mobile home zoning. Two such parks have already had to be eliminated in the city because of the third runway.
Commissioner Sumner indicated a leaning away from including the issue on the docket for the reasons previously cited.
From the audience, Gerald Robison agreed that there is more than one issue rolled into the request. However, with the way the docket process works, a proposal that requires more than one change is left with no other approach, other than to submit a number of separate docket items: one to change the zoning code, one to change the zoning map, and another to change the Comprehensive Plan map. Part of the problem stems from the radical changes made to the King County zoning code in 1994; when Burien incorporated it essentially picked up a large portion of that code. Prior to that year, uses such as machine shops, commercial laundries, construction businesses and mini storage were all permitted in the General Commercial zone. When the code was changed, General Commercial, Light Manufacturing and Manufacturing Park all were replaced by a single zone called Industrial. Throughout Burien and the North Highline area a number of businesses in operation are appropriate for the Industrial zone, even though the neighborhoods they are located in are not appropriate for an Industrial zone. The result is a large number of nonconforming businesses. Changing the subject property to Community Commercial would not represent a radical change for the local neighborhood that stretches along Ambaum Boulevard.
Commissioner Newton suggested that the matter should be given additional consideration, and the way to do that would be to place it on the docket.
The motion to recommend to the City Council that proposed Comprehensive Plan amendment Reference 2004-1 be included in the 2004 Comprehensive Plan docket failed 3-3 with Commissioners Clingan, Newton and Sumner voting for, and Chair Simpson-Clark and Commissioners Shull and Williams voting against.
Mr. Johanson said 2004-2 involves a request to rezone a property from RS-12,000 to RS-9,600. He said the recommendation of staff is to remove the item from the docket. There is no RS-9,600 zoning designation; approval of the amendment would involve development of an RS-9,600 zone, an action that would entail redoing the Comprehensive Plan that was updated in 2003 and approved by the state and certified by the Puget Sound Regional Council. It would take a significant level of staff resources to move forward with addressing the single property, which raises spot zoning concerns.
Motion that the Planning Commission recommend to the City Council that proposed Comprehensive Plan amendment Reference 2004-2 be included in the 2004 Comprehensive Plan docket was made by Commissioner Newton. Second was by Commissioner Williams.
Commissioner Shull disclosed for the record that she is personally acquainted with the applicant, Ted Watson, and was aware that he would be bringing the request to the city.
Chair Simpson-Clark disclosed that in the past he has been involved in some real estate transactions with Mr. Watson.
Commissioner Newton indicated his support for not including the item on the docket for all of the reasons outlined in the staff report. He said he has no desire to see the Comprehensive Plan process reopened so soon after being updated and approved.
Commissioner Williams noted that while the 2004-4 request involves a property quite close to Mr. Watson’s, there has been no uniform request from the neighborhood along the stretch of roadway in favor of a zoning change. Mr. Johanson said since the first Comprehensive Plan was adopted in 1997, there have been no requests similar to the one Mr. Watson has made.
Commissioner Clingan asked if the 1997 Comprehensive Plan action changed the Watson and Shaw properties, or if they changed as a result of the zoning debate of 1999. Chair Simpson-Clark allowed that it was that latter. Mr. Johanson clarified that the zoning debate was spurred on by the adoption of the Comprehensive Plan in 1997, and the current zoning map is essentially the result of the zoning debate.
Chair Simpson-Clark said he had not been a fan of the downzoning actions, but suggested that that which was done with great deliberation should not be undone in a piecemeal fashion.
Commissioner Clingan agreed that going from RS-7,200 to RS-12,000 is a fairly big step.
Commissioner Williams noted that the zoning map shows several similar properties in that they are long and narrow and just to the west of the dividing line between zones. Absent a neighborhood groundswell to make a change, the proposed action would constitute a spot zone.
The motion to recommend to the City Council that proposed Comprehensive Plan amendment Reference 2004-2 be included in the 2004 docket failed 1-5, with Commissioner Clingan voting for and Chair Simpson-Clark and Commissioners Newton, Sumner, Shull and Williams voting against.
Mr. Johanson explained that 2004-3 is a request to change a parcel from RS-7,200 to Community Commercial-2, and to change the designation from Moderate-Density Residential to Neighborhood Community Commercial. He allowed that while the staff recommendation was to keep the issue on the docket, at the staff level there was a great deal of debate both pro and con.
Mr. Johanson said one of the arguments supporting the requested change was that the parcel could serve as expansion space for the existing businesses in the vicinity. However, upon further review staff concluded that the potential for the adjacent business to expand to the subject property is quite low.
Motion that the Planning Commission recommend to the City Council that proposed Comprehensive Plan amendment Reference 2004-3 be included in the 2004 Comprehensive Plan docket was made by Commissioner Newton. Second was by Commissioner Shull.
Commissioner Williams referred to the zoning map and pointed out that, if granted, the request will create a peninsula of Community Commercial zoning acting as a dividing line between two RS-7,200 zones.
Commissioner Newton concurred but noted that the site abuts the city of Normandy Park and similar uses to the south. He suggested that the matter is worthy of further discussion.
Chair Simpson-Clark expressed concern that there has been absolutely no input from the owner of the property in question. He asked if staff has made contact. Mr. Johanson said the proposal was initiated by the City Council, not the property owner, and added that staff has had no contact with the property owner about the proposal.
The motion to recommend to the City Council that proposed Comprehensive Plan amendment Reference 2004-3 be included in the 2004 Comprehensive Plan docket failed 1-5 with Commissioner Newton voting for and Chair Simpson-Clark and Commissioners Clingan, Sumner, Shull and Williams voting against.
Mr. Johanson said 2004-4 is a request to change the Comprehensive Plan map from Low-Density Residential Neighborhood to Moderate-Density Residential Neighborhood, and to rezone the property from RS-12,000 to RS-7,200. The property is close to the site that is the subject of 2004-2 and has many of the same issues. The Shaw property is not, however, considered to be nonconforming. The Burien Municipal Code and the Comprehensive Plan both recognize legally established platted lots.
Continuing, Mr. Johanson said the main issue with respect to the 2004-4 proposal is a development standard tied to a lot or building coverage issue. Staff recognizes the legitimacy of the concern. However, a rezone is not necessary. Staff would be willing to suggest that the development standard issue be on the work plan for study and potential revision.
Motion that the Planning Commission recommend to the City Council that proposed Comprehensive Plan amendment Reference 2004-4 be included in the 2004 Comprehensive Plan docket was made by Commissioner Newton. Second was by Commissioner Shull.
Chair Simpson-Clark said the staff recommendation was very close to his take on the proposal. There are a variety of existing mechanisms that in the end could effect a better result for every one concerned, including the property owner. The options include variances and lot coverage flexibility. Using a pervious surface driveway rather than asphalt is one way to increase lot coverage.
From the audience, Brian Shaw said he has not to date attempted any alternative solution. He said he did not believe that a variance would be granted for his property. He also noted that any artificially hardened surface is considered to be an impervious surface. Commissioner Williams commented that there are, in fact, approved pervious surfaces that can be used.
Commissioner Newton asked if the staff process would go forward if the proposal were to be removed from the docket. He added that he would like to see the process go forward, but not the proposed action.
The motion to recommend to the City Council that proposed Comprehensive Plan amendment Reference 2004-4 be included in the 2004 Comprehensive Plan docket failed 1-5 with Commissioner Sumner voting for and Chair Simpson-Clark and Commissioners Clingan, Newton, Shull and Williams voting no.
Motion that the Planning Commission recommend to the City Council that a review of the RS zone consideration coverage requirements be added to the 2005 work program; second was by Commissioner Williams and the motion carried unanimously.
Mr. Johanson explained that 2004-5 is a request from Highline Community Hospital to create a new hospital zone and change the Comprehensive Plan and zoning map from Office to Hospital. He noted that the request of the hospital to defer the item to 2005 was not part of the original request.
Commissioner Williams asked if the type of collaborative work outlined by the hospital representatives could move forward if the request were removed from the docket. Mr. Johanson thought a recommendation along those lines could be made by the commission. He suggested that the commission should for the most part avoid docketing items for future years. Staff is in agreement with the hospital that all potential options should be explored. The existing hospital master plan looks out 10 years, and if there is a specific detail that can be used to address issues without having to go through the larger, time-consuming process, that should be considered. Staff will continue to work with the hospital, and if it comes to the point where there is agreement that a hospital zone should be created, the application could be resubmitted.
Motion that the Planning Commission recommend to the City Council that proposed Comprehensive Plan amendment Reference 2004-5 be included in the 2004 Comprehensive Plan docket was made by Commissioner Williams. Second was by Commissioner Shull.
Diane Munroe, Highline Community Hospital, said the hospital would prefer not to pursue making zoning ordinance changes from within the zone. There are a number of issues the hospital faces when seeking to expand, and it would be better not to address each item through a zoning ordinance change. The best approach will be to create a hospital zone. The hospital wants to get away from conditional use and become a permitted use.
Chair Simpson-Clark allowed that creating a hospital zone will be an involved and lengthy process. However, it would make sense to go forward in 2004 with the creation of a generic hospital policy in the Comprehensive Plan to set the stage for the creation of a hospital zone.
Mr. Johanson noted that the establishment of a new designation requires a lot of background work, including a SEPA review. He said he would prefer to continue talks with the hospital in an attempt to get all of the issues on the table.
Commissioner Williams asked how other cities deal with having hospital facilities within their borders. Mr. Johanson said the majority of them use the master plan process. Bremerton has a specific healthcare zone.
Ms. Munroe said in Bremerton, Bellevue and Kirkland the process involves a master plan which is conceptual in nature and outlines the location of the permitted uses within the zone. The problem in Burien is the fact that the hospital is not a permitted use within the Office zone, thus any change made to the campus requires approval through conditional use. That leaves the hospital with very little ability to be flexible. Mr. Johanson disagreed that the master planning process is overly restrictive. He said the master plan in place was written to allow for departures from the plan.
The motion to recommend to the City Council that proposed Comprehensive Plan amendment Reference 2004-5 be included in the 2004 Comprehensive Plan docket failed 0-6.
Motion to officially support the ongoing dialog that has taken place between Burien planning staff and Highline Community Hospital staff for finding a mutually agreeable solution to the dilemma of growing and expanding the hospital campus into the future was made by Commissioner Williams; second was by Commissioner Newton and the motion carried unanimously.
Mr. Johanson said 2004-6 is a request to allow for new residential single-family development within the SPA-4 area. He noted that the request could involve amendments to the zoning code. Currently, new single-family uses within the zone are prohibited. Staff has looked at the issue and has concluded that it is worthy of additional analysis and should be placed on the docket. Some form of relief valve should be established for those who live and own property within the SPA-4 area.
Motion that the Planning Commission recommend to the City Council that proposed Comprehensive Plan amendment Reference 2004-6 be included in the 2004 Comprehensive Plan docket was made by Commissioner Newton. Second was by Commissioner Williams.
Commissioner Williams agreed with the notion of studying the matter further. There are several property owners who have been thwarted in their attempts to sell their properties. There is some confusion with regard to what is and is not allowed, and additional clarity should be brought to light.
Chair Simpson-Clark concurred, noting that there are several special planning areas in the city, each of which seems to have a different set of governing rules. The matter should be placed on the docket.
The motion to recommend to the City Council that proposed Comprehensive Plan amendment Reference 2004-5 be included in the 2004 Comprehensive Plan docket carried unanimously.
Mr. Johanson said the remainder of the items was recommended by staff for inclusion on the 2004 docket.
Motion that the Planning Commission recommend to the City Council that proposed Comprehensive Plan amendment Reference 2004-7 be included in the 2004 Comprehensive Plan docket was made by Commissioner Williams. Second was by Commissioner Newton and the motion carried unanimously.
Motion that the Planning Commission recommend to the City Council that proposed Comprehensive Plan amendment Reference 2004-8 be included in the 2004 Comprehensive Plan docket was made by Commissioner Williams. Second was by Commissioner Shull and the motion carried unanimously.
Motion that the Planning Commission recommend to the City Council that proposed Comprehensive Plan amendment Reference 2004-9 be included in the 2004 Comprehensive Plan docket was made by Commissioner Williams. Second was by Commissioner Newton and the motion carried unanimously.
Motion that the Planning Commission recommend to the City Council that proposed Comprehensive Plan amendment Reference 2004-10 be included in the 2004 Comprehensive Plan docket was made by Commissioner Williams. Second was by Commissioner Newton and the motion carried unanimously.
Motion that the Planning Commission recommend to the City Council that proposed Comprehensive Plan amendment Reference 2004-11 be included in the 2004 Comprehensive Plan docket was made by Commissioner Williams. Second was by Commissioner Newton and the motion carried unanimously.
B. 2005 Capital Improvement Program (CIP) Introduction
David Cline, assistant to the city manager, said budgeting is a process involving needs and resources. In nearly all instances the needs outweigh the resources, thus it is necessary to prioritize based on council policies and Comprehensive Plan policies. Burien’s budgeting process is conducted almost year-round, beginning in March with the adoption of the financial policies that set the context for establishing the budget. Among the various adopted financial policies is the notion of using one-time funds for one-time programs and projects. Another policy is that the CIP must project out six years, which is different from the Comprehensive Plan, which focuses out 20 years. Each year the budgeting process adds another year of revenues and new priorities.
Once the financial policies are adopted, work begins to develop the financial plan. A key policy is that the operating budget must be balanced for two to three years out. As projected, Burien’s budget will be balanced for 2005 and 2006, which means the city will be able to maintain its current service levels, largely because of actions taken by the council over the past few years.
Mr. Cline said I-864 poses some real concerns for the city budget. The required number of signatures in support of placing the initiative on the November ballot must be collected and turned in by July 2. The state then will take about two weeks to qualify the signatures. If approved, the initiative could generate a $1.1 million loss for Burien; if that happens, service levels may have to be reduced.
Burien has a budget of about $12.5 million annually. There are two major revenue sources: property tax and sales tax. Other taxes include gambling, B&O and utilities, and other revenues include permit fees and other miscellaneous sources. The General Fund is the largest discretionary fund, and the majority of it is allocated for public safety. Parks is the next largest allocation, and the balance is earmarked for planning and general government operations and services.
Specific revenues are used for capital projects. All ending fund balances flow into the capital budget. Two projects by themselves take up almost half of the capital budget for the next six years. The largest project is the community center and senior center, the funding for which will come from the city’s banked property tax and from a voted bond measure. The other large project is 1st Avenue South Phase I. Beyond that are projects in three major categories: Parks and General Government, Transportation, and Surface Water Management. Over the next six years the Town Square project will require an additional $5 million; a matching amount has already been spent on the project. The CIP receives funding from voted bonds, banked property taxes, state and federal grants, and other sources. Most of the CIP projects have been on the list for a long time awaiting funding.
Commissioner Sumner asked if the city has staff that works specifically on finding grant money for particular projects. Mr. Cline said a person from Parks wrote all the grant applications for Eagle Landing Park. Several different staffers from Public Works, including the director, work on identifying and applying for grants. The city also participates in federal lobbying efforts aimed at obtaining additional funds.
Answering a question asked by Commissioner Williams, Mr. Cline explained that councilmanic bonds are future debt the council can incur without a vote of the people. There are a number of restrictions attached to councilmanic bonds.
Mr. Cline informed the commission that Burien is one of only a few cities in the state that each year gets an annual award for its accounting, planning and budgeting documents.
Commissioner Williams commented that road and public safety projects are often intermixed. She asked what kind of balancing goes on to determine what projects get funded. Mr. Cline said Public Works regularly reviews roadway safety issues along with levels of service and general circulation. The council has a longstanding history of recognizing the need for safety projects and does all that can be done to make sure they are funded.
Director’s Report
Mr. Johanson reminded the commissioners of the joint Burien/SeaTac planning commissions meeting on June 28 at 6:00 p.m. at SeaTac City Hall.
Commissioner Williams indicated that she may not be present for the commission meeting on July 13.
Adjournment
Motion to adjourn was made by Commissioner Newton. Second was by Commissioner Sumner and the motion carried unanimously.
Chair Simpson-Clark adjourned the meeting at 9:28 p.m.
Approved:
/s/ Robert Simpson-Clark, chair
Planning Commission
/s/ Scott Greenberg, director
Community Development Department