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Planning Policy Commission Auto captions

Thursday, June 27, 2024

6:30 PM · 2h 20m · Council Chambers, 135 E. Sunset Way, Issaquah WA
Topics tracked across meetings:
Neighborhood Planning 1/2
IMC Title 18 Annual Updates Phase 1 AB 8874 2/3
Annual Amendments to Title 18 and Title 3 COM 0061 2/3
Section
3. PUBLIC HEARING
3a
Annual Updates to IMC Title 18, Land Use Code, Phase 1 (A)
60 min · Stephen Padua, Long Range Planning Manager Public Hearing Order: Commission · packet pp.3–54
Topics: Land Use
Staff report:
The Planning Policy Commission will review and discuss the 2024 annual updates to Title 18, Land Use Code.
4. REGULAR BUSINESS
4a
Neighborhood Planning
Discussion · 30 min · Valerie Porter, Associate Planner · packet pp.55–63
Staff report:
The purpose of the June 27
5. REPORTS
5a
Council Update
5 min · Valerie Porter, Associate Planner
6. OTHER BUSINESS / ANNOUNCEMENTS
6a
Upcoming Schedule
5 min · packet pp.65–67
Staff report:
▪ Housing Analysis Intro ▪ Housing Analysis Intro
0:09 good evening everyone and welcome to
0:11 your planning policy Commission meeting
0:13 the June
0:15 27th this evening and we will call this
0:17 meeting to order at 6:34 p.m. tonight's
0:21 meeting is a hybrid meeting the planning
0:23 policy commission is in person we do
0:26 have staff with us this evening we have
0:28 staff with us virtually we also have
0:31 commissioner Milligan with us
0:33 virtually and we may have an audience
0:35 with us
0:36 virtually staff do we have a quorum this
0:42 evening yes we do great thank you there
0:47 are no minutes to approve tonight so we
0:48 are going to move into our first part of
0:51 our agenda which is public
0:53 comment for this meeting we're holding
0:55 general public comment right now so if
0:58 there is anything before the commission
1:00 as far as generally uh this is the time
1:02 to be
1:03 heard there will be a separate separate
1:07 time period for the public hearing a
1:09 little bit later staff has anyone signed
1:11 up to speak for public comment right
1:15 now yes
1:17 sir
1:23 okay Sarah hoy
1:35 can you hear me there we go hi I'm Sarah
1:38 Hoy I'm the executive director for the
1:39 iso Highlands Community
1:42 Association um I've been uh working
1:44 through the title 18 amendments with
1:48 manyi over the last couple of years um
1:51 and this cropped up recently um so I
1:55 have a couple things I want to address
1:56 with you um first thank you for giving
1:58 me the opportunity to address my
2:00 concerns uh the read on the re recent
2:03 upgrades to Title 18 and the code
2:05 changes particular around the uh
2:11 18508 uh
2:13 03b on the um uh HVAC unit setback
2:18 requirements Sarah can I can I stop you
2:21 real quickly so our public hearing is on
2:23 the title 18 amendments right now it's
2:25 just general public comment okay so if
2:28 you want to be part of the public
2:29 hearing and have it on record we'll be
2:31 doing that a little bit
2:33 later okay would it be better if I did
2:35 it then okay then I'll end okay it'll be
2:38 about probably about 10 minutes we're g
2:40 to move pretty quickly perfect okay
2:41 thanks thank
2:44 you is there anyone that would like to
2:47 make General Public comments right now
2:49 in the
2:50 room please and please uh please U name
2:55 yourself relationship to the city
3:01 for the
3:05 recorder my name is Connie Marsh and I
3:07 live in isqua on
3:09 so uh this is a process
3:14 comment um that is exemplified in the
3:18 code updates but goes across everything
3:22 so some of the code
3:25 updates
3:27 uh hit the environment hit
3:30 Parks but they weren't threaded through
3:34 the
3:35 commissions expressly made to look at
3:39 those things before they came to you and
3:43 then uh some decisions were made like
3:49 which which
3:51 um which choices should we choose in
3:56 order to not hit the timing limits
4:00 but those conversations were had and
4:03 presented to you all like they were a
4:06 done deal when it's exactly those kinds
4:09 of conversations at that level that
4:11 should be brought forth for the
4:14 community decision making so I chafe at
4:19 the exclusion of the community and some
4:21 of the city processes it's not just this
4:25 department it's other departments too
4:28 and I would ask ask that you try to
4:32 carefully
4:33 insist that you get the appropriate
4:37 information at the appropriate time like
4:39 the environmental board then would pass
4:41 on recommendations to the language and
4:44 Park Board uh would look at it and might
4:46 give you some comments too those are
4:48 just examples and if you see those those
4:52 processes not happening uh if you could
4:55 remember to
4:56 ask for their opinions because they
4:59 supposed to be provided to you in order
5:02 to make your own decision thank
5:09 you thank you is there anyone else who
5:12 would like to make public
5:16 comment in the room or virtually chair
5:19 there are no attendees that have public
5:21 comment you know one attendee is
5:24 emailing me and having trouble um
5:26 logging in but I think his comments are
5:28 on Title 18 we're trying to figure out
5:30 if we can get him to join thank
5:38 you all right we will move on to the
5:40 public hearing tonight's public hearing
5:42 is regarding the first phase of annual
5:44 updates to Title 18 the city's land use
5:47 code we will open the public hearing
5:49 which will be followed by a presentation
5:51 from staff then the PPC will ask
5:53 follow-up questions next we will take
5:56 public
5:57 testimony finally the PPC will will
5:59 deliberate and if appropriate make a
6:02 recommendation to the city council
6:04 Steven Padua our longrange planning
6:07 manager will be presenting tonight so
6:09 Stephen when you're ready please go
6:15 ahead hey can everybody hear me
6:18 tonight yes we can great thank you uh
6:23 just want to make sure you can see my
6:24 screen as well before I get
6:26 started nods all right thank you
6:29 everybody for for having me tonight uh
6:31 today is the followup from our previous
6:33 discussion for the public hearing on the
6:35 annual updates to Title 18 land use code
6:38 um the purpose is to review the proposed
6:42 amendments for this year's annual
6:45 updates um similar to a lot of the
6:48 questions that were posed to you at the
6:50 June 20th meeting we are here to review
6:54 several policy questions related to some
6:56 of the code amendments as well as the
6:58 clarifying amendments um that don't have
7:01 specific policy questions presented to
7:04 you tonight but if there are specific
7:07 clarifying amendments that you would
7:09 like to discuss or get clarifying
7:11 questions with please let me know um
7:13 once I get through the policy
7:16 questions so the first topic is on
7:19 pre-application Community meetings the
7:22 change is to we are proposing a change
7:25 to the name as well as to the
7:26 requirements to make them optional um
7:30 for pre- submittal and then required
7:33 post application submittal as part of
7:35 the development re process what this
7:37 does is it allows the city to comply
7:40 with a exemption from refunds as part of
7:43 State Bill
7:45 5290 this bill was um adopted last year
7:51 and what it does is it actually require
7:53 cities to um abide by certain timelines
7:57 based on specific projects which are
7:59 presented to you tonight so for projects
8:01 that don't require public notice there
8:03 is a 65 day requirement for projects
8:07 that um require public notice there's a
8:10 100 day requirement for projects that
8:12 require notice as well as a public
8:14 hearing the limit is at 170 days and So
8:18 within the same section in the bill it
8:21 allows a provision for cities to um be
8:25 Exempted from refunds if they don't
8:28 abide by these time lines as long as the
8:31 city can meet three of eight options
8:33 that are presented in this section of
8:34 the bill and so the city is actually
8:37 proposing to comply with options J and d
8:42 and what is presented to the commission
8:43 tonight is option G which is the current
8:46 proposal to make pre-application
8:47 meetings not
8:51 required just for context we have
8:53 ongoing improvements with our
8:55 development review process in response
8:57 to um our own efforts to try to improve
9:00 the development review process as well
9:01 as to State Bill 5290 we currently have
9:04 a consultant that presented to city
9:06 council earlier in June to discuss their
9:09 assessment of how to improve the
9:11 development review process as well as
9:12 how this city could make changes to make
9:15 those improvements as well as the city
9:17 has other ongoing improvements to the
9:19 city website for understanding what our
9:21 development process is who to contact um
9:25 we have started to provide online guides
9:28 for better understanding of processes
9:30 for permitting as well as starting to
9:32 form our own internal teams to look at
9:35 separate improvements that that are
9:37 aligned with the recommendations from
9:38 our
9:40 consultant so the question posed for the
9:42 commission tonight is should the city
9:43 change the community meeting previously
9:46 known as pre-application committee
9:47 meeting the optional pre submittal and
9:50 required post submittal for the table as
9:52 presented in the draft
9:56 amendments for the next item it's
10:00 related to technical document review and
10:02 what is being proposed is to change the
10:05 requirement for technical docum review
10:07 to allow more a little
10:09 flexibility on what techn documents are
10:12 actually required
10:14 at as part of the development review
10:16 process and this allows aint to complete
10:19 the review prior to decision uh to
10:21 pursuing a project just to allow some of
10:24 the
10:26 initial flexibility that was intended
10:29 with with the code changes with the
10:30 title 18 update last
10:33 year the next change is um related to
10:37 timing on development review review
10:38 decisions this change is a change in
10:42 policy but is in compliant with a
10:43 requirement from State Bill 5290 so uh
10:46 there is no actual policy question just
10:48 highlighting the policy change for the
10:50 commission
10:54 tonight the next change through the list
10:56 is related to heat pumps and hbac
10:58 installations
11:00 um the change Bo proposing is to allow
11:02 heat pumps and HVAC installation
11:04 regulated and regulated
11:07 setbacks in the last discussion on June
11:09 20th the commission asked for what um
11:12 asked for two changes that uh will go
11:15 through tonight and the first being that
11:17 if if an installation go into Frontage
11:20 um that screening is required the other
11:24 uh the other change that was discussed
11:26 with the commission was what adding Lang
11:29 that would require the installation be
11:31 closest to the primary structure so that
11:33 is furthest away from the property line
11:35 and so that those two changes were
11:36 included an example of what these
11:39 screenings would look like is presented
11:41 to you uh on the screen right
11:43 now so the question proposed to the
11:45 commission is should the city allow heat
11:47 pumps or similar equipments such as air
11:49 conditioning units to be installed
11:51 within required
11:55 setbacks next policy question um change
11:59 is related to the lighting code this
12:02 what we're proposing for this section is
12:04 allow Stadium lighting to exceed minimum
12:06 requirements with uh the required
12:08 lighting study and what was discussed
12:10 with the commission at the last meeting
12:12 was adding additional language that with
12:14 the lighting study require um mitigation
12:18 strategies to comply with dark sky
12:20 initiative and so that language was
12:22 added within the draft amendments for
12:24 your materials today so the question
12:26 posed to the commission is should the
12:27 city allow
12:29 allow Stadium lighting to exceed minimum
12:32 color rendering index with supporting
12:34 lighting studies
12:40 prepared oh and I went over the
12:42 change the next change is related to
12:45 Monument sign requirements the proposed
12:48 change is the clarification when
12:49 Monument signs are allowed or prohibited
12:52 and the question for the commission is
12:54 should the city change the requirements
12:55 for monum signage where prohibited and
12:58 where current signs may be modified or
13:04 removed exchange related to Landmark
13:06 sign designation the update U to The
13:10 Landmark sign designation requirements
13:12 is to simplify the criteria for
13:14 maintaining landar Landmark sign
13:17 designation uh what was discussed at the
13:19 last meeting with the commission on June
13:20 20th was to add a little more criteria
13:23 or specific additional criteria that
13:26 would be more supportive of what we're
13:28 looking for a landmark sign designation
13:30 so that is included in the commission's
13:31 packet for tonight so the question poses
13:34 should the city simplify the
13:35 requirements for how Landmark sign
13:37 designations is
13:42 maintained and the additional criteria
13:44 that we added for um Landmark sign
13:47 designation maintenance is uh specific
13:50 to maintaining the sign
13:52 shape limiting the area uh change to 50%
13:56 of the area sign or sign area
14:01 establish a priority to preserve the s
14:02 design color and
14:04 texture and then also adding an option
14:07 for development commission review if the
14:10 preser if the uh proposed design changes
14:15 exceed any of these
14:18 criteria so the question is should the
14:20 city simplify the
14:25 requirements the last policy question is
14:28 related to tree removal
14:30 tracking the proposed changes to remove
14:32 the requirement for a community Planning
14:34 Development Department from tracking
14:36 tree removals for public trees as a a
14:38 redundancy to Public Works and Parks
14:41 departments already tracking tree
14:42 removals as part of public projects so
14:45 the question is should the city remove
14:47 the requirement for Community Planning
14:49 and Development Department to track tree
14:55 removals timeline for this is it'll next
14:58 go to the council committee on July 9th
15:01 and then tenative Council action on July
15:08 22nd CH voice that concludes my
15:11 presentation
15:12 tonight great thank you Stephen so now
15:15 we'll be taking questions from uh our
15:17 different members if anyone would like
15:18 to go first please raise your hand and
15:21 state your name before bring your
15:24 question or ask
15:30 uh Stephen could you put up that last
15:31 slide
15:57 please I know we asked quite a few
16:00 questions at our last meeting but I'm
16:02 sure there's a few
16:04 more give you some
16:09 time Vice chair Bader yeah Sarah Bader
16:17 I I understood the kind of what this
16:20 question is asking but to go deeper for
16:22 question number one about the community
16:23 meetings why was that option chosen out
16:26 of the a through J or those three a a
16:30 and and not others so a lot of what the
16:34 other options that are listed within the
16:35 bill um actually require significant
16:38 changes to the city's process or require
16:41 certain um investments from the city for
16:44 either hiring additional staff uh or um
16:48 investing in additional resources to
16:50 either streamline permitting processes
16:53 or to
16:56 um incorporate new things with a
16:59 development review that just
17:00 additionally just required additional
17:02 Investments so the three options that
17:04 we're eligible now actually are things
17:06 that um don't require additional
17:09 Investments um but the one post tonight
17:11 is a policy question would be a policy
17:13 change that we want to discuss with the
17:17 commission I go to uh commissioner
17:19 Milligan and commissioner
17:23 crra thank you commissioner Milligan
17:26 here my question is about the um
17:29 Stadium
17:30 lighting the uh do you have a slide that
17:33 has the new
17:35 words um if you don't I'm I'm just
17:38 looking at the packet and and I find the
17:41 wording um difficult to understand where
17:45 says
17:47 um that you
17:49 can do this sort of lighting supported
17:53 by lighting studies prepared by a
17:54 qualified professional that include
17:57 mitigation standards that are adhere to
17:59 the 2011 model lighting uh ordinance
18:02 developed in partnership with the
18:04 international dark sky Association and
18:06 The Illuminating engineering Society um
18:10 I don't to me that doesn't sound like it
18:12 says there is a dark sky standard and
18:15 that we're um and that we're complying
18:18 with it it just sounds different I don't
18:21 even know what it says so help me with
18:23 that thank you thank you for the
18:25 question commissioner migan and um that
18:27 specific language whether why we didn't
18:29 just say uh the the studies need to
18:32 include mitigation strategies that align
18:34 with dark sky initiative is that that's
18:38 it wasn't specific enough so that
18:39 language actually aligns with the
18:40 language that we have for in the
18:43 lighting code where we specifically call
18:44 out the dark sky initiative within the
18:46 purpose section of the lighting code and
18:49 so it just aligns with it uses the same
18:51 language as that and terms of like what
18:53 we discussed before so that we are
18:55 specific with which standards we are
18:57 actually trained to comply with
19:02 uh can I follow up so then mitigation
19:05 strategies that adhere to an
19:08 ordinance um is that the same as saying
19:12 comply with an
19:15 ordinance
19:16 yes okay good that would be nice to have
19:21 fewer words maybe okay thank
19:26 you commissioner crass Hey Stephen uh
19:29 John crass here so number one um you
19:33 mentioned uh when you change to the the
19:37 process um to make this optional there's
19:40 going to be other updates for
19:41 communication with website Etc is this
19:45 contingent on you will make this change
19:47 after these more robust ways of
19:49 communication are up so they're tied
19:51 together because it is important you
19:53 know once again communication is is
19:55 super key to to any new changes so
19:59 are they tied together you wouldn't make
20:00 this change until the other pieces are
20:03 done great question commissioner um no
20:07 this is a completely separate uh change
20:10 from all the other improvements or
20:13 changes that we're proposing or at least
20:15 that are ongoing changes is that what
20:16 you were asking about is with our
20:18 ongoing improvements with the
20:19 development review process is is the P
20:21 contingent on that I think when you take
20:23 something from being mandatory to
20:25 optional you want to make sure that it's
20:27 balanced with the ability for people to
20:29 get information so that's why I was
20:30 asking if they were if if they happen
20:32 together then that's probably an easier
20:34 thing to understand if you
20:41 make maybe I'm not
20:44 being communication via the website I
20:47 forgot the other couple points that you
20:48 had on there you're saying that's not
20:51 that that you're doing that anyway not
20:54 necessarily just for number one but
20:55 you're going to do number
20:56 one potentially before you have those
20:59 updates I was just trying to understand
21:01 the the timing of those different
21:04 things a lot of the updates that I spoke
21:07 to as part of the presentation have
21:08 already occurred and we're we're still
21:11 doing them okay and so the improvements
21:13 to our development review process are
21:15 are are separate and ongoing and are not
21:18 contingent on any of the code amendments
21:19 tonight okay
21:24 than thank you commissioner crash gr uh
21:28 commissioner
21:30 Z just a clarification for number two I
21:33 think it's 18 instead of 12 um um but
21:37 one question there is is the flexibility
21:40 to reduce the cost on the applicant or
21:44 or or for another reason the as it
21:47 pertains to the technical um document
21:52 review yes uh yes commissioner to answer
21:55 your question it a lot of the
21:56 flexibility would eventally result in
21:59 cost savings for
22:01 applicants okay as they get to the
22:04 decision for if they're going to move
22:06 forward with the project okay thank you
22:14 correct any questions from anyone we
22:16 haven't heard from
22:20 yet any questions someone who'd like to
22:24 again Vice chair Vader yes Sarah Vader I
22:27 have a question about number four the
22:29 heat pumps one I'm just a clarifying
22:31 question because I think when we had
22:32 talked last time about the screening
22:34 there was a concern that the units might
22:36 not work if they were screened in that
22:38 sort of way and so just wanted to see if
22:41 that was if we're requiring screening
22:43 just that the units will still be
22:47 effective it it it depends on the
22:50 installation in the property in the
22:52 building and there's a lot of factors
22:53 you go to win um installers uh look for
22:58 location
22:59 for uh heat pumps or AC units they are
23:02 wanting spaces where you get at least
23:05 one to two feet clearance space around
23:07 where the units are so they get enough
23:09 air to work efficiently um it doesn't
23:12 mean that they won't work if anything is
23:15 is closer than that proximity but that
23:18 they work more efficiently without it so
23:20 as long as there's enough space for um
23:25 uh the units to be uh collecting the
23:28 surrounding air then that those'll still
23:30 work efficiently and
23:35 effectively commissioner
23:40 Milligan commissioner Milligan here
23:42 thank you I'm going to the um same as
23:46 commissioner Bader the amenities in the
23:48 setback area and um reading at the
23:53 language it doesn't say anything about
23:56 heat pumps or air conditioners it says
24:00 permanent
24:01 amenities and where accessory structures
24:04 um which are also in this chapter are
24:06 defined permanent amenities are not so I
24:11 uh wanted to ask if there is a
24:12 definition of permanent amenities and um
24:16 if not can you imagine another thing
24:18 that besides a heat pump or air
24:21 conditioner that would be considered a
24:23 Perman
24:24 amenity and then I also want to ask
24:27 about the language that says minimizes
24:29 impacts on adjacent properties how would
24:31 you measure
24:35 that so with your first question there
24:39 is a subsection above where we made
24:41 proposed changes that does Define what
24:43 permanent amenities are as uh heat pumps
24:46 air conditioning units or similar
24:49 equipment I can't remember the specific
24:51 off the top of my head and I can't look
24:53 it up because I'm sharing my screen but
24:55 um I I we did double check to make sure
24:57 that it is find and we wanted to make
24:59 sure that it we are using the exact same
25:01 language that being permanent
25:04 amenities to your um can you can you
25:08 repeat your second question
25:10 please the the second question was how
25:12 do you define minimizing impact on
25:15 adjacent
25:16 property or how do you quantify
25:19 it it it's extremely difficult to
25:23 quantify that and what we did was work
25:27 work with similar Lang language that we
25:28 have in the code that helps us
25:31 um justify enforcing it being closer to
25:34 the building um as as close as possible
25:38 is basically what we're looking for um
25:42 most of the time when installers are
25:43 looking for location installations
25:46 they're wanting it close to the primary
25:48 structure because of U it being more you
25:52 know further away from the primary
25:53 structure it's further away from the
25:56 equipment to the housing which then
25:57 require additional cost and then there's
26:00 more things that can go wrong and so
26:02 most manufacturers don't like to go much
26:04 further away than what's operationally
26:08 possible okay and then let me clarify
26:11 that um one of the concerns that we
26:12 expressed in last week's meeting was um
26:14 noise impacts and U I'm looking forward
26:18 to uh hearing the ihca executive
26:21 director where I know that there are
26:23 noise standards where are the noise
26:24 standards located in is a cost code for
26:27 this
26:28 I I might have to defer to director
26:30 Dolly well to remind me where that is in
26:33 specifically but uh the noise ordinance
26:37 specifically for the municipal code will
26:39 be coming back to the commission later
26:40 this year for consideration for making
26:46 updates I can answer the noise code uh
26:50 reference so uh the the IMC adopts the
26:54 state law
26:55 requirements um and so so I'm looking
26:58 for the reference here uh but we don't
27:01 have our own noise standards which is
27:03 pretty standard for a lot of
27:05 jurisdictions even the ones that have
27:07 adopted their own standards they adhere
27:08 to these decibel levels
27:12 and it
27:14 is um
27:16 18518
27:18 020 uh that adds the references to the
27:22 Washington Administrative Code whack uh
27:25 for all the definitions the maximum
27:27 permissible noise level are under the
27:29 state law are uh wack 173
27:43 60-4 do that answer your question
27:45 commissioner
27:50 Milligan any further questions from our
27:52 commissioner
27:58 commissioner Patterson uh in regards to
28:01 question eight on the tree removal um I
28:04 saw the city response notes about the um
28:07 urban forestry plan can you remind me
28:09 the timeline of when that is expected to
28:12 be rolled
28:17 out um you know it's my understanding
28:19 that's coming up um sometime in August
28:23 Stephen do you have an exact
28:25 schedule for that I believe that
28:28 the city's Urban Forester is bringing
28:30 the I think draft language to the
28:33 environmental board in
28:35 August I think that's the at least the
28:37 timing we're aware of at
28:47 this any further
28:56 questions going once
28:59 twice all right well thank you Stephen
29:02 and thank you Minnie for answering our
29:05 questions if there are no further
29:07 questions we're apparently I think
29:09 Nine's hands still up but I'm pretty
29:10 sure that's just it
29:13 up uh we'll Begin by opening the public
29:16 comment and we will do that for the
29:19 public hearing right now at 7:02
29:23 p.m. I do want to go over a few ground
29:26 rules for the public comment
29:38 tonight's public comments for the public
29:40 hearing may be made in person or
29:42 virtually and for all those who would
29:44 like to speak during public comments we
29:46 do ask that you speak clearly pause
29:49 frequently and that you state your name
29:52 before you begin to speak if you are
29:55 attending virtually or by computer um
29:57 and you would like to speak we do ask
29:59 that you please mute your microphone
30:01 when you're not speaking and if you're
30:02 having any technical issues try joining
30:05 the meeting using different device such
30:07 as a smartphone or tablet you can use
30:09 the call in information in the meeting
30:11 invite to call into the
30:13 meeting public comments are a very
30:15 important part of the public process we
30:17 take them seriously they are part of
30:20 what factors into our decision- making
30:22 comments right now are for the public
30:24 hearing and we do ask that you please
30:26 limit them to five minutes or
30:29 less all right is there anyone who would
30:32 like to speak on the title 18 code
30:35 amendments leave the
30:37 RS Sarah Hoy
30:43 please hello Sarah Hoy I'm the executive
30:46 director for the iso Highlands Community
30:49 Association thank you for giving me the
30:51 opportunity to speak um I'd like to talk
30:53 to you about uh Title 18 code change 185
31:00 830b on the HVAC unit setback
31:04 requirements um quickly ihca is the
31:06 largest HOA in the state of Washington
31:09 we've got
31:10 4,711 homes and we have new construction
31:12 coming still we have over 600 unit uh
31:15 Town Homes over
31:17 a, sorry 1,84
31:20 Condominiums um so any changes to Title
31:23 18 code um in the HVAC setbacks uh is a
31:27 minimum effect to at least over 1600
31:30 units um a ihca alone processes over 300
31:35 Arc requests annually um and since we've
31:39 had the um evident um climate change
31:42 which has caused huge hot summers um we
31:45 have seen an 100% increase on hvic
31:48 requests for heat pumps and um hvic
31:51 units uh city of isqua has recently
31:54 begun to deny permits to owners who have
31:57 installed or wish to install AC units
32:00 due to the new title 18 code criteria on
32:02 setbacks not being met or due to decibel
32:06 intolerances I caution the commission to
32:09 consider denying owner to reconsider
32:12 denying owners the right to Safe
32:14 conditions in extreme hot summers this
32:18 rule may also not adhere to local and
32:20 state Ada laws pertaining to AC units we
32:24 have currently changed our our community
32:26 rules to allow for exterior window units
32:30 during the hot summer months um to help
32:32 accommodate residents for health and
32:35 safety IHC town homes and condos are
32:38 zero lot line AB buding structures with
32:41 common area Landscaping managed by the
32:44 Association ICA will not allow Sid
32:48 mounted units in our town homes as the
32:50 association is legally responsible for
32:52 the exterior maintenance and no sighting
32:55 penetrations are allowed
32:58 in addition the new uh Washington state
33:01 law on heat pumps Senate bill
33:04 5973 has gone into effect as of June 6
33:08 2004 which prohibits associations from
33:12 um prohibiting the installation of heat
33:15 pumps and HVAC units um if the owner
33:19 requests one associations May create
33:23 reasonable restrictions and may prohibit
33:25 the in uh insulation of heat pumps
33:28 um in a common area so they would need
33:30 approval from us through the
33:31 architectural
33:32 control um if we do prohibit uh HVAC
33:37 units going in we the association itself
33:40 can be penalized over thousands of
33:42 dollars I do not want to put the
33:44 association in this type of
33:47 situation um and then I also understand
33:49 about the mix maximum permissible
33:52 environmental noise levels which was
33:54 discussed a moment ago um I have a big
33:57 problem with that right now our our
33:59 decimal rating has been for the last 10
34:01 years 75 decimals and I understand now
34:04 it's 55 during the day 45 at night
34:07 there's no way to monit there's no way
34:09 to monitor a decimal and there's no
34:12 parameters on how the city is going to
34:15 to do that um so I have some I'd like to
34:18 be part of the conversations when that
34:20 happens um so I am respectfully asking
34:24 the city uh Council and commission to
34:26 allow the these HVAC units within the
34:30 setbacks in the ab buding uh property or
34:34 zero lot line Properties or town homes
34:37 and even for the
34:39 condos um I know that Talis and myself
34:42 uh talk regularly and he has the same
34:44 concerns they have the same
34:46 concerns um I would ask the city to
34:49 engage with a certified HVAC technician
34:52 to discuss potential impacts to
34:54 Residents around Heating and Cooling um
34:57 some of of these choices have economic
34:59 uh impacts and health impacts to the
35:02 community um I also urge the commission
35:05 to or the city to Grant at least
35:08 temporary permits for people who want AC
35:11 during the hot summer months until this
35:14 resolved um and that is all I have for
35:18 now thank you for your time
35:29 public Comet
35:41 Rick hi thank you for allowing me to
35:45 speak my name is Rick
35:47 conas um I'm old to
35:50 issaqua I went to Pine Lake Junior High
35:52 in s
35:54 Elementary um but knew as a business
35:56 owner here uh purchased a a building on
36:00 uh 221st in downtown
36:03 Aspire um and I would love a monument
36:07 sign love one uh the building that I
36:10 purchased was built back in uh the ' 50s
36:14 and it was an old residential house um
36:18 to put an awning on it or plaster a a
36:22 sticker on a
36:23 window doesn't go with the building the
36:27 architecture of the building or the
36:28 neighborhood uh a monument sign would be
36:32 appropriate and I think would be really
36:34 complimentary to the the architecture
36:37 and the and the site the curb appeal um
36:41 and so when I went to the city to apply
36:43 for a permit I was told no Monument sign
36:47 so when I look through the land use
36:50 code which I'd be happy to provide you
36:52 copies of um in the code it says that I
36:56 can which is interesting um so I
37:02 contacted the city and mean was was
37:05 helpful on this uh and gave me this
37:07 opportunity to speak so I'm not sure
37:10 what to do uh nowhere in the code does
37:13 it say I can't have it uh in the code it
37:16 says I can but I can't get a
37:19 permit so I'm kind of at a
37:22 loss thank you
37:37 good evening uh my name is Ken
37:39 Ean I'm a resident of the Talis
37:42 community in isqua I'm also a member of
37:45 the palace residential association with
37:48 the role of looking after our common
37:51 space in
37:52 Talis and so I'd like to comment on a
37:55 number of issues related to Title 18 but
37:58 not specific necessarily to uh the
38:02 business in front of the commission
38:04 tonight uh first off I want to uh
38:07 wholeheartedly agree with my colleague
38:09 from isqua
38:10 Highlands um the impact that Sarah
38:13 talked about uh is certainly felt in
38:16 Talis as well um Town Homes really can't
38:21 get air conditioning or heat pump um you
38:24 know if you uh enforce the setback rules
38:28 uh the state rules on
38:30 decb they just don't work anywhere there
38:33 is no air conditioner or heat pump um
38:37 that anybody makes that could meet those
38:39 requirements 55 DB and 45 DB you know
38:43 every air conditioner that we look at is
38:45 up in this in the low 70s is a quiet one
38:49 so um that's a huge problem where the
38:52 city uh is um now enforcing a state
38:58 um uh statute that U they hadn't
39:01 previously uh if a resident goes and uh
39:05 request a permit um they're likely to be
39:09 denied because of those two reasons
39:12 wanted to talk about a couple of other
39:14 items uh the tree code quite frankly
39:18 does not work for our open space we have
39:21 78 Acres over many little pieces of
39:25 scrap Parcels that have been deed over
39:27 to us over the years um we tried to
39:31 comply with the new title 18
39:33 requirements in
39:35 2023 um and it was incredibly honorous
39:38 we finally got through it but um it
39:42 shouldn't be that
39:44 complicated um you know we had a
39:47 forestry expert um go through our 78
39:51 Acres where you could imagine there's
39:52 thousands of trees cited 61 that needed
39:56 to come down because of safety reasons
39:58 we were talking about trees that would
40:00 hit homes or streets uh we had one
40:03 approved we went back and reworked the
40:06 report we had about half of them
40:08 approved by the time we got through all
40:11 of that it cost us about $20,000 in
40:13 permit fees and uh arborous reports just
40:17 to get through that owner's process and
40:20 I'll add to that I'm talking about
40:22 forests here where trees seed they grow
40:25 and they die it's a natural process the
40:28 city requirement says when you take down
40:30 a tree you've got to put essentially a
40:33 large tree back a two Caliber 2in
40:36 Caliber tree that's 68 feet tall you
40:40 can't just plant that in a forest and
40:42 expect it to grow you know when
40:45 warehouser Cuts uh their Forest they
40:47 don't put six foot trees back in they
40:50 put seedlings back in so uh once again I
40:53 ask you to look at the tree code it just
40:55 does not work for forests
40:59 um another item that I would like to
41:03 discuss um in uh at a brief level and
41:07 I've got a two-page white paper that I
41:09 put together really about the durability
41:13 of uh the landscaping and Associated
41:16 landscaping that's required in the city
41:19 code um you know we've found
41:23 after um you know 20 years of uh the
41:27 Talis community that there's so much
41:31 that was not done correctly and there's
41:33 no code that really
41:35 requires irrigation standards or
41:38 appropriate plants uh Street trees that
41:41 are too large for their tiny spaces that
41:43 are heaving sidewalks strangling the
41:46 irrigation invasives that uh you know
41:49 are there after many years because the
41:51 developer was never required to remove
41:54 them permanently so um I would like like
41:57 to uh submit to the commission a white
42:01 paper on our
42:03 experience uh after 20 years of
42:06 development and where quite frankly it's
42:09 cost the Talis residents a huge amount
42:12 of money to rework uh the items because
42:15 city code um didn't require uh the work
42:19 to be done correctly or in a way that uh
42:23 uh made it past a reasonable uh timeline
42:30 lastly I'd like to talk about bonding so
42:33 I think we all feel good that we ask
42:35 developers to submit bonds it's sort of
42:38 this giant threat that says if you don't
42:40 follow through on your commitments you
42:42 know we've got a bond here uh to make
42:45 things right U but we've had several
42:47 situations with developers that haven't
42:50 come through um they've not um committed
42:55 or followed through on their commitments
42:57 and their obligations and when we've
42:59 gone to the city and said let's cash
43:01 their
43:02 bond the answer that comes back is oh
43:05 it's a a very difficult process we don't
43:08 do that it requires all kinds of you
43:11 know attorneys and this and that and the
43:13 other thing and I guess I would just ask
43:15 look at the city code and ask yourself
43:17 if we're requiring a bond and we never
43:20 cash them then why do we have Bonds in
43:23 the first place is there not a different
43:25 or better way to do that
43:27 so um thank you for your time I'll hand
43:31 this to the city clerk
43:34 and um appreciate if you would
43:37 appreciate if you would uh look at that
43:39 thank
43:48 you chair we do have one member
43:53 virtually that would like to make a
43:54 comment
43:59 I apologize yes ma'am you can Mo
44:05 forward I know I was so shy and deur
44:08 back there nobody could possibly see me
44:12 Connie Marsh again okay
44:15 so I have spent probably 10 years of my
44:20 life
44:21 getting
44:23 pre-application meetings for the
44:25 neighborhoods to go along with critical
44:28 area studies because once you have a
44:30 complete application with all of the
44:33 investment and time from the applicant
44:36 and the city you cannot get a darn thing
44:41 changed because that's how it used to be
44:43 and it was horrible the the neighbors
44:46 would go out and they would talk and
44:48 they would cry and nothing had happen
44:51 and it's just infuriating so after many
44:54 years of effort we finally got
44:56 pre-application meetings with critical
44:59 area studies so that the neighbors could
45:01 tell the developers in Intimate detail
45:04 about the land that they would be
45:05 working with and they would learn
45:07 circumstances that you would never know
45:09 from any other test because people just
45:12 know right and so I
45:16 was more than Disturbed to find that now
45:20 it was going to come after the complete
45:24 application and we were reverting to the
45:26 Past
45:27 which does not work and then I was a
45:30 little more Disturbed to find it was
45:32 because it's the cheapest way to go but
45:35 the expense to the community for not
45:39 being able to engage early on and make
45:42 effective
45:43 change is far more than money and you
45:48 are excluding people's ability to make
45:51 their Town better which I think is the
45:54 basis of a good town so totally disagree
45:58 I uh if if if you're putting it after
46:02 the complete application now you're
46:04 actually adding to the likelihood that
46:06 you're going to get fines because now
46:08 you have to have that meeting in the
46:09 middle and it's going to take up time
46:12 and so then if you go over time then you
46:15 get your fines
46:17 potentially anyway so
46:20 please say no to that and ask them to go
46:23 back to the drawing board and look at
46:25 some of the other things that they want
46:26 to take that pathway now at the same
46:29 time this technical review which those
46:32 are critical area studies so we're
46:34 talking about the same thing now they
46:35 say oh we want to be able to do those
46:38 earlier and we want to be able to put
46:40 them on the website but you'll notice it
46:42 never says when they're going to go on
46:44 the website so I fail to understand if a
46:48 Community member would actually be able
46:51 to see those technical reviews uh before
46:55 or even after you have a complete
46:57 application until you until you tell
47:00 someone you have to put it on at X time
47:03 it just doesn't happen because it's
47:05 actually sort of painful to do it that
47:07 way so uh I am going
47:10 to conclusion with that one is I like it
47:14 I like that they're going to put it on
47:15 the website but I would like
47:16 clarification as to when in the process
47:18 they'll get there uh trees not tracked
47:21 by CPD so I talked to the gentleman
47:24 who's writing the urban Forest
47:25 management plan and in this first
47:28 iteration of the urban Forest management
47:30 plan there is not going to be a
47:32 gathering of all the tree information
47:34 from all the Departments into one uh uh
47:39 cohesive analytical piece so what this
47:42 thing in the code does is at least says
47:45 You must track it and it gives you an
47:48 opportunity potentially to get all of
47:50 the tree
47:51 information in in one place if they do
47:55 it great turn it into CPD and CPD has
48:00 theirs and then somebody can get a whole
48:01 picture right in two years if they get
48:04 to stage two of the urban Forest
48:06 management plan and they come up with a
48:08 better way to do it then change the code
48:10 but for now just leave it as it is
48:12 because everything is very segmented all
48:16 right uh oh I actually don't understand
48:20 the problem with Monument signs maybe I
48:22 missed that explanation are they
48:24 terrible for some tragic reason that I
48:26 don't understand because I like them I
48:28 like to be able to see what's in a place
48:31 um and then go in and find the thing
48:35 because um even if you're in an urban
48:38 environment it's it's hard it's hard to
48:42 look in all different spots when you can
48:45 see all the information gathered in one
48:47 place or even a larger single thing so I
48:50 don't understand maybe you discussed
48:52 that before but if you didn't if you
48:54 could ask about that that would be great
48:56 and I may be under 5 minutes and um so
49:01 thanks for your efforts though isn't it
49:02 fun I love code like Candy
49:11 by chair we do have a attendee that has
49:15 a comment virtually this is marnette
49:18 Lewis I am now unmuting your line
49:28 hi yes um I represent Burger master um
49:31 as head of
49:32 construction and we wanted to discuss
49:36 the signage uh verbage that was on the
49:39 uh that's been proposed uh one we're
49:41 excited to be here um and we're really
49:44 looking forward to really getting some
49:45 solid footing in the community and also
49:47 having a Building
49:48 represent um just overall uh layout and
49:52 so we wanted to update that
49:55 signage uh
49:57 this the actual sign itself the faing uh
49:59 really give it a a big refresh but have
50:02 the colors match our brand standards um
50:05 I did send some information over to mini
50:07 and um just wanted to discuss and and
50:10 work through that process with the city
50:11 so we just appreciate your
50:13 considerations
50:26 well thank you for everybody who spoke
50:29 up tonight during this public hearing we
50:30 appreciate your comments um again I'm
50:33 sure this is reverberating throughout
50:35 the commission everyone's digesting it
50:38 now we have the opportunity to discuss
50:40 it being there that there's no more
50:43 public comment we will close the public
50:45 comment at
50:50 7:20 so there is formal action requested
50:53 of us so would someone like to make a
50:55 motion so we be begin to debate we're
50:59 talking
51:00 about commissioner
51:02 Patterson thanks chair voice um yes I'd
51:05 like to propose the motion uh I move to
51:07 recommend approval of all the proposed
51:10 amendments to Title 18 part one General
51:13 Provisions title two procedures part
51:17 three division of Land part four zoning
51:20 part five specified use standards part
51:23 six development standards and part eight
51:27 environment is there a
51:29 second
51:32 second all right so we will start with
51:35 discussion um I'm hopeful that everyone
51:37 will speak before we come back to second
51:39 and third time people speaking but
51:41 ultimately because commissioner
51:43 Patterson made the motion is there
51:45 something you'd like to start us off
51:46 with that's
51:52 new then yeah you can pass it
51:54 toon okay perfect that's okay
51:57 commissioner
51:58 Kennedy um just for procedural I think
52:01 it would be really helpful I know for me
52:03 after all our questions last week and
52:05 hearing from the community today then
52:08 processing the various questions we need
52:10 to answer if we could walk through each
52:12 one individually and look hopefully at
52:16 what the proposed
52:18 changes have a really clear conversation
52:21 of this is what it looks like this is
52:23 what we're proposing so we can Digest
52:26 what we talked about and what we've
52:28 heard for each item instead of hopefully
52:32 bouncing
52:33 around I appreciate that no that's
52:36 fantastic that's great commissioner
52:37 Kennedy so let's do that let's take it
52:39 apart one by one and I believe the very
52:41 first one that came up was the preac
52:44 application meeting so let's start with
52:47 that um I don't know
52:53 if if many tly wall or stepen are going
52:56 to be helping us out maybe it's a team
52:57 effort But ultimately yeah let's start
52:59 with that one and if I guess for right
53:01 now let's go ahead and put up that last
53:03 slide if Steph's still with us believe
53:05 he is um know he's no longer on my
53:08 screen yeah we'll just take it apart one
53:13 one great first
53:19 comment commission
53:23 Milligan commissioner Milligan here
53:25 lowering my hand now that you've called
53:27 on me uh I wanted to be reminded about
53:31 the uh
53:33 criteria uh or which kind of
53:35 applications we're talking about that
53:38 used to or would require if there were
53:40 no changes
53:42 the um pre community
53:51 meeting preapplication community meeting
53:54 which which um applications require that
53:57 somebody say it out loud for me because
53:59 I can't read that so this is mini uh
54:02 here I think Stephen's trying to find
54:04 that section and he's um putting it out
54:07 on the screen so uh as without any
54:11 changes today um the code says it is
54:15 optional for level two and three unless
54:19 there are critical areas on the property
54:20 then it is
54:22 required um but it is required
54:24 regardless of the critical areas are not
54:27 for level four so level four are the
54:30 ones that go to development commission
54:32 level two are administrative decisions
54:35 uh uh you know that trigger a notice of
54:37 application but they don't require a
54:39 public hearing and level three are the
54:41 ones that require a public hearing and
54:43 the hearing examiner makes the
54:45 decision um but building permits and
54:48 such and all those things are level one
54:51 so there's a separate table that
54:53 explains which type of permits are level
54:55 one two and three but
54:56 the basic difference is the process
54:59 whether you have a hearing or not and
55:00 who the decision maker is so it's
55:04 optional uh unless you have critical
55:06 areas then it's required for level two
55:09 and three it is required for level four
55:11 regardless uh without any proposed
55:14 amendments as the code is written today
55:16 and it is true there was a lot of
55:18 community feedback into this and this is
55:21 important for the community and
55:23 developers uh have said they do value
55:26 the this uh early interaction with the
55:28 community because then they know what
55:31 what some issues are earlier before they
55:34 bake the whole project um the state Bill
55:38 uh is in front of us and you know we
55:40 were waiting for guidance from
55:41 Department of Commerce uh it goes into
55:44 effect next year and we still don't have
55:47 uh you know a lot of cities are
55:48 struggling with that in terms of I think
55:50 the the slide that Steven showed the
55:53 three out of eight uh were're not tied
55:55 to those three but we had kind of you
55:57 know looked at the list and those three
56:00 Rose to the top of what could be done um
56:03 now the options for you all to debate
56:05 tonight based on the public comments
56:06 you've received are leave it as is and
56:09 we can come back to it after the state
56:11 Bill implementation guidance comes up
56:13 from Department of Commerce and relook
56:15 at it more deeply and thoroughly if any
56:18 changes are
56:19 needed we can uh make it optional now in
56:22 anticipation of the state Bill uh but
56:26 require it you know we recommend it to
56:28 applicants to do it but those that don't
56:31 want to do it uh we will require it as
56:33 soon as the application comes in so I
56:35 think that's the the version that uh
56:37 Stephen portrayed here uh the other
56:40 option is
56:42 to leave it um required for critical
56:46 area pieces for two and three and leave
56:49 it required for level four but there
56:52 needs to be um some sort of like a
56:55 complete
56:57 uh you know that we can turn
56:58 applications legally is to say you
57:00 haven't done this because what happens
57:02 for level four they usually come in and
57:04 talk to the city because it's a larger
57:06 project they want to know what the codes
57:07 are for the little projects uh level two
57:09 and three they sometimes just upload the
57:13 the information online and so and so the
57:16 Practical reality has been that we've
57:18 you know then when we look at the
57:20 application we say you need to do this
57:23 and we quickly turn around and you know
57:25 um schedule that um we want to meet the
57:28 intent of the state bill and the law
57:30 which is to be timely in all of that so
57:33 we will do our best to as soon as we get
57:36 that application for pre- commmunity to
57:38 do it within you know two to three weeks
57:40 of getting that application it's still
57:43 the timelines are pretty aggressive
57:45 under the state bill I mean it's 60 days
57:47 75 days and 175 days which is um you
57:52 know it it it takes a lot to put these
57:54 uh meetings in there's a lot of Val to
57:56 it the community desires it the
57:58 developers also like it so I think we
58:01 just want to leave with that um because
58:03 it was proposed we've kind of left it as
58:06 um as this but there are options for you
58:08 all to consider one is to just defer it
58:10 at this point and take it off the list
58:12 uh the other is to keep it as is but add
58:15 it to the um completeness list and um
58:20 and the third is to do what we had
58:24 recommended here
58:29 great thank you
58:33 many any
58:35 debate Comm Patterson might be more of a
58:38 clarifying question but um so there's
58:40 prese submission they submit it and then
58:42 they have to hold the meeting within 60
58:44 days during that time no that 60 days
58:47 when a application is deemed complete
58:50 got it okay uh the cities have only 60
58:53 days in-house review time to issue
58:56 decision okay perfect that clarifies
58:58 what I need to know so thank
59:06 you yes
59:08 SAR saher um I'm struggling to
59:13 understand this I think and what it
59:15 actually achieves because if I'm getting
59:19 it it's we're losing or have the
59:21 potential to lose like a really
59:23 important input into the development
59:26 design process for a developer um and
59:29 the community knowledge before they've
59:31 kind of done all of the work um and then
59:35 with the goal of being timely it feels
59:37 like requiring it after the fact will
59:40 extend the time of review um so I'm I'm
59:45 just other than the requ good question
59:47 um so requiring it um post
59:53 application you know for level two three
59:55 and four we have to do notice of
59:57 application and the state law is pretty
59:58 clear 14 days from the time it's deemed
1:00:00 complete we have to circulate the notice
1:00:02 so in that notice so public can comment
1:00:06 during that 14 days so we would in that
1:00:08 notice of application say within the
1:00:11 next week you also have you can come to
1:00:14 this community meeting ask your
1:00:15 questions so you're well informed to
1:00:18 submit your comments by the common
1:00:19 deadline so we would hold it within that
1:00:22 what that does is uh you community
1:00:25 members will get one postcard telling
1:00:27 them here's a project here's a common
1:00:29 deadline here's a community meeting come
1:00:32 be well informed and submit your
1:00:34 comments under that scenario people will
1:00:36 have you know more flushed out project
1:00:39 more details uh to look at to comment on
1:00:42 it um but uh like you heard the
1:00:45 testimony today there's you know it's
1:00:48 already a baked project so it's harder
1:00:50 for developers to go back and make those
1:00:53 changes based on community feedback at
1:00:55 that time because it's it's too far
1:00:57 along and it's going to cost a lot of
1:00:58 money to make those
1:01:00 changes but in terms of process uh right
1:01:05 now we would have to do two notices two
1:01:07 things and all that it would be one
1:01:09 combined notice yeah I ask
1:01:12 another um and then I'm wondering if you
1:01:15 can just speak to the role or any role
1:01:18 that the city has and I'm using again I
1:01:19 was a planner in a different country
1:01:21 back in the day and so in that process
1:01:24 if we got public comment
1:01:26 um because we did the same thing right
1:01:27 you send it out and you get letters in
1:01:29 um we could either use conditions or use
1:01:32 something to incorporate like to make
1:01:35 the developers do things that we heard
1:01:37 that were like in line with policy so
1:01:39 does the city have any ability like if
1:01:42 the community comes at a meeting they
1:01:43 hear all of these really wonderful
1:01:44 things and then the developer says well
1:01:46 we've already done all the work we can't
1:01:47 incorporate that right now is there any
1:01:50 like you know what I'm trying to say
1:01:51 like yeah you know regardless of whether
1:01:53 it's pre-application or post application
1:01:56 ation the developers are bound by the
1:01:58 code yeah uh the good ones will take the
1:02:01 community input and adapt that into
1:02:03 their thing because they want to be good
1:02:05 partners so I think a lot of developers
1:02:07 will do will value that yeah and so but
1:02:11 at the end of the day the approval is
1:02:14 based on criteria in in the code which
1:02:17 is based on policy Community input and
1:02:19 feedback that has you know has informed
1:02:22 that code um so it isn't one person's
1:02:25 opinion that can suede one way or the
1:02:27 other you know from a from a legal
1:02:35 perspective commissioner Kennedy um
1:02:37 Caroline Kennedy so just a couple things
1:02:40 one the language that thank you oh that
1:02:43 was like magic um all the we we talk and
1:02:48 it sounds like there's still a
1:02:50 requirement in level two three and four
1:02:51 and yet the required language is taken
1:02:53 out of the strength language it's all
1:02:56 recommended there is no the word
1:02:58 required been redlined correct I think
1:03:01 the intent there was it is in the
1:03:04 applicant's best interest because
1:03:06 they'll have to do one anyways that they
1:03:09 they look at it as a recommended but
1:03:11 it's going to be required post that it's
1:03:13 an incentive for them to do it early so
1:03:15 without it being a requirement it's more
1:03:17 of an incentives based thing that you
1:03:19 have to do it anyways might as well do
1:03:21 it early and save yourselves some time
1:03:24 money and angst over addressing uh
1:03:27 community so but and that was trying The
1:03:30 Balancing Act of complying with the law
1:03:33 that says you can choose three out of
1:03:34 these eight things yet being respectful
1:03:38 of of the process that the community
1:03:40 desires is which is to provide that
1:03:42 early
1:03:43 input so we were going to take required
1:03:46 out even though we're highly
1:03:47 recommending it it sounded like
1:03:52 um and we're trying to get in front of a
1:03:54 potential
1:03:56 State regulation is that correct it goes
1:03:59 into it the bill has passed it is state
1:04:02 law section 7even takes effect January 1
1:04:06 2025 and through that bill Department of
1:04:08 Commerce is supposed to come up with
1:04:10 guidance and all the cities are
1:04:11 struggling and waiting for their
1:04:13 guidance because there's a lot of
1:04:15 complexity uh in that bill and timelines
1:04:18 you know what applies what doesn't apply
1:04:20 does it apply to building permit does it
1:04:22 not so we're we're all trying to
1:04:25 understand the different pieces of that
1:04:27 legislative so it's not unusual that
1:04:28 we're struggling with this and might not
1:04:31 be a bad idea to wait and table it so we
1:04:35 have a little more
1:04:37 clarity sure that we can certainly do
1:04:42 that commissioner craft I have a comment
1:04:45 on a question start with a comment so
1:04:48 the way you framed it is it's in their
1:04:50 best interest that only works with
1:04:51 people who want to listen so if I was a
1:04:54 developer and I wanted to build
1:04:55 something and if I don't want to listen
1:04:58 because I want to just get this thing
1:04:59 done and be gone and do the next one
1:05:01 then optional means I'm just not going
1:05:03 to do it so you're really relying upon
1:05:06 people's human nature which is an
1:05:07 undetermined way you have no idea what
1:05:09 their intent is that's my that's my
1:05:11 comment I think there's some risk there
1:05:13 the the other point you you mentioned
1:05:15 was timeliness and I understand you want
1:05:16 to get stuff done and built and more
1:05:18 streamlined process do you have a sense
1:05:20 of between the way it is now which means
1:05:23 don't change anything versus what you
1:05:25 recommended here the beginning to end
1:05:28 date of timeliness what the time
1:05:30 difference would be and as opposed just
1:05:33 the concept of one would be faster than
1:05:35 the other yeah so um you
1:05:38 know it we will we will obviously be
1:05:41 very judicious with time because time is
1:05:43 money for the developers they have
1:05:45 caring costs they're you know uh paying
1:05:47 their uh caring cost for the land while
1:05:50 it's Su idal until all of this is done
1:05:52 so we obviously want to meet the intent
1:05:54 of the of the state State Bill to the
1:05:56 best of our ability it's um the time
1:06:00 between uh by requiring it
1:06:02 pre-application for a developer who's
1:06:05 really pressed in time will look at it
1:06:07 you know at least a 3 week if not more a
1:06:11 month added on if we really quickly move
1:06:14 I mean there's a lot of production that
1:06:15 goes into mailings postings finding a
1:06:19 place to hold a meeting and all that so
1:06:21 there's an effort needed uh even the
1:06:24 quickest we can work you know we should
1:06:25 at least budget 3 to four weeks uh for
1:06:27 that effort um so that that's the added
1:06:31 time um from the time that they think
1:06:34 but they can continue to work on their
1:06:36 project you know it doesn't from it's
1:06:38 not sequential it's these can happen
1:06:41 correct as soon as they start planning
1:06:42 the project they can get this out of the
1:06:44 way um and and do it early they won't
1:06:47 have all their plans ready they won't
1:06:48 have you know so that's part of the
1:06:50 intent here is to not have it fully
1:06:52 baked um before they get the community
1:06:54 meeting so pros and cons
1:06:56 you you don't know what it looks like
1:06:57 and community may need to weigh in once
1:06:59 they actually see what it what it's
1:07:01 really about uh but it but level two and
1:07:04 three were tailored more for critical
1:07:07 areas so I think the uh the intent and
1:07:11 there's a lot of legislative history in
1:07:12 the past of why that came into play uh
1:07:15 is because we didn't have good you know
1:07:17 regulations in place and and things like
1:07:19 that and and so that informed some of
1:07:22 that we have come a long ways to getting
1:07:25 the Title 18 update and and having some
1:07:28 better guidance but it's still uh isqua
1:07:31 has a lot of critical areas so is a
1:07:33 critical
1:07:34 area please define real quick critical
1:07:36 area Wetlands stream water courses
1:07:39 streams uh steep slopes um Landslide
1:07:43 areas but all equally important is if I
1:07:46 live in a community and there's going to
1:07:47 be something really big next to me to me
1:07:50 that's critical even though in that
1:07:51 definition it's not so sure so that's
1:07:54 why the level four we had always
1:07:55 required it because that's the larger
1:07:57 there are thresholds in the code of what
1:07:59 goes uh Rises to the level of level four
1:08:02 and that's 10,000 sare ft building or or
1:08:05 larger or than
1:08:08 acre commissioner
1:08:14 Milligan thank you chair voice uh
1:08:17 commissioner Milligan here uh thank you
1:08:19 so much for this discussion I have a
1:08:23 question and then a comment uh uh the
1:08:26 question is uh what does the development
1:08:29 commission say about this proposed
1:08:34 change we have not gone to development
1:08:36 commission with this proposed
1:08:39 edit so they would only have the stuff
1:08:42 that would go to them is just the level
1:08:44 four okay well it would be helpful to
1:08:46 know whether they thought recommend or
1:08:48 required was a significant difference I
1:08:51 uh I think I heard and uh commissioner
1:08:53 Bader and so sorry if I'm stealing
1:08:55 feeling from you um that I I don't feel
1:08:58 fully convinced why we should make this
1:09:01 change uh I
1:09:04 would um it sounds like it's something
1:09:08 that works and benefits the city it
1:09:11 benefits our our citizens are for it our
1:09:13 developers are for it
1:09:17 uh I don't know uh who's not for it the
1:09:21 um so that is one reason why I don't
1:09:23 think I would be in favor of Chang in
1:09:26 the other is um one of the things we
1:09:28 really wanted to do in the title 18
1:09:30 update was to make um some sh in the
1:09:34 process for developers because that will
1:09:37 save money and time and when we say
1:09:39 recommend or we think it's a good idea
1:09:42 or that doesn't help as much as saying
1:09:45 this is required they can manage
1:09:48 something that's
1:09:50 required uh it it gives um
1:09:54 predictability
1:09:55 so if somebody uh proposed an amendment
1:09:59 I'm going to let it come from the floor
1:10:00 to remove this from the motion you
1:10:03 probably get my
1:10:07 support thank you commissioner migan
1:10:09 commissioner
1:10:11 Zach thank you commissioner zacharov um
1:10:15 question um you're talking about 6075
1:10:18 and 175 days for the state where does
1:10:22 the clock start ticking on what certain
1:10:24 time um after a complete application so
1:10:29 pre-application meeting basically is not
1:10:32 included that's corre into that timeline
1:10:35 we're talking about yeah but the the the
1:10:37 argument could be made that because it's
1:10:39 a requirement that we couldn't really
1:10:41 apply for an
1:10:43 application you know because you had
1:10:45 this earlier but legally you're right it
1:10:48 is po you know once a complete
1:10:51 application is submitted that's when
1:10:52 that clock
1:10:54 starts thank
1:10:57 you anyone else like to
1:11:00 speak I sh
1:11:02 Bader help me with my language here but
1:11:04 hearing um commissioner Milligan hearing
1:11:06 the public comments commissioner Kennedy
1:11:08 um kind of what I'm feeling I feels like
1:11:11 deferral of this um is right right now
1:11:14 and so I move to amend the motion um
1:11:18 that we don't include this 18204
1:11:22 do30 um piece of it
1:11:27 we have a
1:11:29 second
1:11:30 second right all in favor of the
1:11:33 amendment on the
1:11:36 floor
1:11:39 no oh virtually
1:11:41 too hello I'm in favor commissioner
1:11:46 meligan great all right well that first
1:11:49 part of the puzzle is done appreciate
1:11:51 everybody's comments and I believe we
1:11:54 can now move on to
1:11:56 to second one on our
1:12:05 list technical
1:12:08 documents all right that worked out
1:12:10 really well last time so if many if you
1:12:11 just want to give us a quick breakdown
1:12:13 while everyone's Gathering their
1:12:14 thoughts sure um so the purpose of the
1:12:17 technical document review was really uh
1:12:19 again along the same line that
1:12:21 developers want to get some shity before
1:12:23 they spend the money designing their
1:12:25 project if they don't know if it's a
1:12:27 typee three Wetland or a type two
1:12:28 Wetland and want to get confirmation on
1:12:30 that they can go through this process it
1:12:33 was never intended to you have to do
1:12:35 this so I think it's a it's a very minor
1:12:38 language edit to say you
1:12:40 may um uh through a Consolidated review
1:12:43 under one technical document because if
1:12:45 someone has a wetland review they want
1:12:47 to get out of the way and confirm that
1:12:50 they also want to get their traffic
1:12:52 counts figured out or their parking
1:12:54 because the parking isn't listed in our
1:12:56 parking table and it's a different type
1:12:58 of a use that we have to make a call on
1:13:00 how many parking spaces do you need they
1:13:02 want that information before they can
1:13:03 design their project so but if they do
1:13:05 all you know they want to know their
1:13:07 parking they want to know what type of
1:13:09 wetland it is they can submit one
1:13:11 Consolidated review under one technical
1:13:13 document review
1:13:16 um but if they choose to do it
1:13:18 differently they can do that differently
1:13:20 so it's just giving more
1:13:23 options okay thank you
1:13:26 FL is
1:13:29 open I failed to really see the down uh
1:13:33 commissioner does the applicant um have
1:13:37 to pay for the technical document review
1:13:40 they do okay so that's why it should be
1:13:44 optional that may yeah thank
1:13:52 you any further discussion
1:13:58 right I don't believe we need an
1:13:59 amendment that's part of it oh part of
1:14:01 the original motion my Robert Rules
1:14:05 book okay I believe the third one was no
1:14:08 policy change or there's no policy
1:14:11 question that was just a an update by
1:14:13 its correspond with the state bill so
1:14:17 that one we're not even discussing
1:14:18 correct okay so I think the fourth
1:14:21 one was
1:14:29 all right knows the order which is
1:14:32 number
1:14:33 four on your
1:14:44 list oh he fil okay great thank you
1:14:47 commissioner
1:14:53 Patterson okay so again I think just a
1:14:55 brief rundown and then we'll let people
1:14:57 gather their thoughts and we'll get into
1:14:58 this one yeah so I think as you heard
1:15:01 the testimony here today we're trying to
1:15:02 fix that problem uh we have town homes
1:15:04 with zero lot lines and U uh these heat
1:15:08 pumps were not the the practice back
1:15:12 when they were built uh there's a lot of
1:15:14 federal incentives Summers have gotten
1:15:16 hotter uh there's a need for these so um
1:15:19 what we're proposing here aligns with
1:15:21 what the what you heard from the
1:15:22 community members to allow it uh to be
1:15:25 put in the the setbacks I think we also
1:15:28 heard uh some uhp concerns or questions
1:15:31 from you all in terms of screening if
1:15:33 it's in the front yard and remind me
1:15:36 Stephen there was another
1:15:38 question uh last time at the
1:15:41 commission yes it was on U putting in
1:15:44 language that would require installation
1:15:46 closer to the primary structure yeah and
1:15:48 then the safety considerations if you're
1:15:50 installing in the side yard and I had
1:15:52 mentioned that we' reached out to our
1:15:54 fire department just to confirm because
1:15:56 sometimes these setbacks are related to
1:15:58 fire Co and they didn't find anything in
1:15:59 the fire code they said if they are two
1:16:02 setbacks then the preferen is don't
1:16:03 block both you know just uh but there
1:16:06 isn't really a code basis for them to to
1:16:08 require it so um and uh what was that
1:16:13 again Stephen remind me what you just
1:16:16 said so it's uh subsection E4 there
1:16:19 where um if located in setback area must
1:16:22 be placed adjacent to the primary
1:16:24 structure
1:16:26 yeah and I think that was related to
1:16:28 your concern about uh people wanting to
1:16:31 put it far away from theirs and
1:16:32 impacting their neighbors negatively so
1:16:35 I think we took that feedback and
1:16:36 proposed some edits here uh for you all
1:16:40 discuss great thank you mini
1:16:42 commissioner Kraft U so I agree with the
1:16:45 concept of being adjacent because
1:16:46 otherwise they could put on their
1:16:47 property line near their name which um
1:16:50 do we Define adjacent meaning within X
1:16:53 number of from the primary
1:16:56 structure what is what is AJ what is
1:16:58 considered it still be within the
1:17:00 setback but if I have a if I have a 10
1:17:03 foot setback to put this big air
1:17:05 conditioning unit next to my nebor the
1:17:06 property line not next to my house close
1:17:09 to I think ad Jason in in general means
1:17:14 to um well I think to Steph's point it
1:17:17 just it it makes more feasible sense to
1:17:19 be Clos to but again it's not
1:17:21 necessarily yes it's just defining just
1:17:23 defining adjacent and then the other
1:17:25 question I have that it came up which is
1:17:28 a very good discussion about noise level
1:17:30 and decibel level and I find it puzzling
1:17:34 because I've never studied this that if
1:17:36 the state has a requirement that is so
1:17:38 low and there are no ACS that meet that
1:17:41 how would they have established that as
1:17:43 a standard and is it something we should
1:17:45 go back and look at what the true deel
1:17:47 levels are because I'm sure my air
1:17:49 conditioner at my house is not matching
1:17:53 that and no one ever said anything to me
1:17:54 when I put it in yeah so so those
1:17:57 decibel levels are at your property line
1:17:59 so the unit itself may be se you know 70
1:18:03 decibel levels but it's what is your
1:18:06 decel level at your property line so uh
1:18:09 the state law has been in the books for
1:18:12 a very long time and we didn't change
1:18:15 anything in Title 18 either to the
1:18:16 setbacks or related to the noise that
1:18:19 was always in the code uh as as you
1:18:22 heard the testimony today that there was
1:18:24 things change with the new code update
1:18:27 these were always the codes um but to
1:18:30 answer your question about uh the state
1:18:33 law uh and the noise uh I did reach out
1:18:36 to Department of ecology to see if they
1:18:38 could address it at the state level so
1:18:40 the cities don't have to deal with this
1:18:43 on a city by City basis because we've
1:18:45 reached out to other cities some are
1:18:47 just operating based on complaint basis
1:18:50 we don't think that's a good strategy
1:18:52 because then we go down this path of we
1:18:55 have to do the decibel levels we have to
1:18:56 take it and we have to prove it there is
1:18:58 a violation that can cost a lot of um
1:19:01 you know resources but also is not
1:19:03 foolproof method uh other cities like
1:19:06 Seattle have come up with their
1:19:07 methodology of okay here's a specs for
1:19:10 this unit and here's a math that you can
1:19:13 do to get to this level they'll spit out
1:19:16 a number on your property we took that
1:19:18 and got some opinion from an HVAC you
1:19:22 know expert and they said yeah it works
1:19:24 so so informally we can kind of you know
1:19:27 look at what what the noise dissipation
1:19:30 is at the property line the problem for
1:19:33 isqua is some of these properties and
1:19:36 that are developed that are wanting to
1:19:37 do this are zero lot line so there's
1:19:39 really no sidey setback the only thing
1:19:42 they have is I think the photos that one
1:19:44 of uh that Stephen had on his slides
1:19:46 it's just their garage and entrance to
1:19:48 it to the units so it's it's more
1:19:51 complex for things like that um the
1:19:54 state law also requires us to give
1:19:56 provide a 90-day notice to them to
1:19:59 Department of ecology if you're going to
1:20:00 adopt anything different than uh 55 and
1:20:03 45 dbel levels we have formally started
1:20:06 that process and sent them a notice just
1:20:09 but it it can come in phase two of these
1:20:11 development uh of this bundle that
1:20:13 you're looking at today um uh but we
1:20:16 didn't want to delay this for the summer
1:20:18 and kind of put it on this fast track at
1:20:20 least we can address the the setback
1:20:22 issue if there's consensus uh to address
1:20:25 it and then we'll deal with noise uh
1:20:27 legally when we when we have some more
1:20:30 um when we've met our requirements of
1:20:32 notice and all that so it won't hold any
1:20:35 permits up that was the concern that
1:20:37 it's yeah unfortunately that we can't
1:20:39 issue permits that don't comply with the
1:20:41 city's law um so we can't give
1:20:45 temporary passes uh at this time that's
1:20:49 why we are bringing this forward now uh
1:20:51 the schedule for the setback issue is
1:20:54 going to planning and development
1:20:55 environment committee Council committee
1:20:57 on July 9th and we hope the council will
1:20:59 take action on July 22nd so we can at
1:21:02 least this is the quickest we could get
1:21:05 uh before the summer was over uh to
1:21:07 address this
1:21:10 issue will the city council have the de
1:21:12 Supple report what you're looking for
1:21:14 the Department of ecology will they have
1:21:16 yeah we need to meet the 90-day
1:21:17 Department of ecology and they'll come
1:21:18 back to you to say do you want to exempt
1:21:21 these from noise levels um and if you
1:21:25 say yes then we'll take that
1:21:29 forward there also another way of doing
1:21:32 it of having approved models as a list
1:21:34 that could be installed
1:21:36 that I'm just trying to think of because
1:21:39 otherwise you're in the circular motion
1:21:40 if nothing will ever be approved and you
1:21:43 may like I'm sure my me my neighbors all
1:21:46 of our air conditioners are louder than
1:21:49 5 DB and they're you know it's a few
1:21:51 feet away from the property line so yeah
1:21:54 so the the options that you'll consider
1:21:56 when this comes forward to you will be
1:21:58 well thought out but out of the top of
1:22:00 my head you know one could be just to
1:22:01 exempt um um heat pumps from noise
1:22:05 levels as long as they are below 70 DB
1:22:08 or something you know whatever the this
1:22:09 industry standard is I think what you uh
1:22:13 probably heard today is there's another
1:22:15 approach of just American heating
1:22:17 Association I forget the name it's it's
1:22:19 some Association that they just have a
1:22:21 standard um and I think Talis has a
1:22:24 adopted that as a 270 standard so
1:22:27 instead of a decibel level they're just
1:22:29 saying this is what the unit has a
1:22:31 sticker on it that's much easier for
1:22:33 them to enforce so you you know we'll
1:22:35 bring all those options to you when when
1:22:37 we come
1:22:38 back commissioner
1:22:43 Milgen okay I'm I'm a little confused um
1:22:47 the state has a noise ordinance code or
1:22:53 a whack that says the 55 and 45 at night
1:22:58 at the property line and um director
1:23:02 Dolly wall did you just say that the
1:23:05 city or a city could say that we're
1:23:07 going to exempt these sorts of
1:23:09 appliances from a state code or that the
1:23:14 noise level acceptable noise level could
1:23:17 be higher than the state
1:23:19 code that's what we're trying to figure
1:23:21 out but procedurally we if we if cities
1:23:24 go above and you know uh different than
1:23:27 the path that the state has laid out we
1:23:29 have to give them a 90-day notice to say
1:23:32 yeah this will work or no you know this
1:23:34 is bad idea cities we will not allow you
1:23:37 to do it so yeah okay um I'm I'm uh I
1:23:43 think I'm understanding this uh this
1:23:45 process and and I I am GNA go ahead and
1:23:48 throw a comment out there that uh I
1:23:51 appreciate the um amendments or the the
1:23:54 updates to the changes that are proposed
1:23:56 for this uh section but I I would like
1:24:02 noise management to be more explicit
1:24:06 perhaps even to
1:24:08 say uh must adhere to the whack for um
1:24:12 noise and the reason for this is that
1:24:15 we're talking about in a five- foot
1:24:17 setback and a side set back and usually
1:24:19 in a platted neighborhood if it's 5T on
1:24:23 this site it's 5T on that side and that
1:24:25 means the primary structures might be
1:24:26 only 10 ft apart and to our uh
1:24:30 discussion last week um these appliances
1:24:34 can be uh Extremely Loud to those who
1:24:37 don't choose to use them I I sympathize
1:24:41 with this the concern for our the hot
1:24:43 summers and especially in isqua Highland
1:24:46 sitting up there it used to be a forest
1:24:47 now it's an open area with a lot of
1:24:50 pavement it does get extremely hot uh
1:24:54 but this uh outdoor uh Heating and
1:24:57 Cooling appliances aren't the only way
1:24:58 to heat and cool your home there are
1:25:01 indoor appliances where the noise
1:25:03 doesn't bother anybody uh and so if
1:25:06 there were no other options this might
1:25:08 be a more compelling argument but it's
1:25:11 not to me because you can put your um AC
1:25:13 units in your home uh with the window
1:25:16 port or even um allow for the ports uh
1:25:20 through in the through wall of a
1:25:23 building um the other reason that I'm
1:25:25 concerned about this and about noise
1:25:28 there could be some other things is that
1:25:30 the permanent amenities when we use
1:25:33 phrases like this and we say such as um
1:25:35 Heating and
1:25:36 Cooling um five years from now what
1:25:40 would be another permanent amenity that
1:25:43 would need to be managed and we can say
1:25:45 oh we'll cross that bridge when we get
1:25:46 to it but usually several of the um
1:25:49 offending permanent amenities that we
1:25:52 haven't thought of today uh sneak in and
1:25:55 the and if we could at least manage for
1:25:57 noise um
1:26:02 that subsection 4 that we refer to the
1:26:06 whack um and then I'm sorry that's all
1:26:09 I'm suggesting for the code but because
1:26:11 we do care about people's um safety that
1:26:14 the city um dedicate um time and effort
1:26:17 to the other commissioner I think was
1:26:18 commissioner craft who said um let's
1:26:21 find some preapproved so that makes it
1:26:23 easy easier for people to um find the
1:26:27 right Appliance and then uh if we are
1:26:30 even more concerned we could find a way
1:26:32 to help fund uh income uh limited people
1:26:37 to purchase these appliances because
1:26:39 they need them just as much as those who
1:26:41 can afford them um
1:26:48 that's thank you commission
1:26:52 Milligan Commission some
1:26:56 what I guess one question that comes up
1:26:59 is that is this a a health issue or is
1:27:02 it like as it pertains to noise I know
1:27:05 there's a certain decibel that you can't
1:27:07 be around for a long period of time but
1:27:11 then also with the heat without having
1:27:14 um the cooling um could is actually a
1:27:18 health issue as well um is there any
1:27:22 information about why it's set at the
1:27:26 certain decibel that they I think you
1:27:27 said 75 for the state and in the
1:27:30 community it's 55 Deb the state law is
1:27:35 55 decb uh the commun the HOAs that
1:27:39 spoke today have been approving these up
1:27:41 uh that are about 73 DB okay okay yeah
1:27:46 so so I guess what's what's the basis of
1:27:50 the the um deciel limitation is it the
1:27:54 state level yeah is it like Health based
1:27:57 or is it um yeah the state law is really
1:28:00 you know if you have a residential Zone
1:28:02 these are the the things and it's meant
1:28:04 so that people are sleeping at night
1:28:06 you've got to keep it even lower uh
1:28:08 industrial zones have a little bit
1:28:10 higher levels so that that's based on in
1:28:13 commercial areas that can be a little
1:28:14 bit higher so this is meant uh you know
1:28:17 under the state law to be if your
1:28:21 livability standards um and then have
1:28:25 have any studies been done on um AC
1:28:28 units or HVAC units that are lower than
1:28:32 the 75 DB as of yet is it is it actually
1:28:37 here they all have this quiet mode uh
1:28:40 that you can turn them on at quiet mode
1:28:43 uh we've been asking for specifications
1:28:45 that show that they are 55 DB you know
1:28:48 so I you know and and we can't base our
1:28:51 code off of Industry at the moment
1:28:54 because it will evolve you know the
1:28:56 technology changes and and newer better
1:28:59 equipment we did reach out um to our
1:29:02 sustainability folks that have an
1:29:04 incentives based program because there's
1:29:05 other part of heat pumps because there
1:29:08 are less energy consumption that's why
1:29:10 the federal benefit you know uh
1:29:12 incentives and and and such come into
1:29:15 play and uh we looked at you know what
1:29:17 is what is the source of the noise it's
1:29:19 the fan and can there be dampers louvers
1:29:23 you know are there other things so we
1:29:26 through that research we found that you
1:29:27 could lower it about 15% or whatever but
1:29:31 again we'll come back to noise today is
1:29:33 just the screening piece so but yeah
1:29:37 okay thank you for
1:29:39 clarification commissioner
1:29:41 Kennedy um so quick thing one this topic
1:29:44 in general I think we absolutely should
1:29:46 improve something I think people need
1:29:49 hbac system so they can cool their homes
1:29:51 in the state and age we just a lot of
1:29:54 the houses in the Northwest were not
1:29:56 built with AC and they need them these
1:29:58 days and so I really feel for anyone who
1:30:00 doesn't have AC on our hot summers so I
1:30:02 think we need to approve some sort of uh
1:30:05 mitigation to their opportun the
1:30:08 restrictions that have been currently
1:30:09 been in place for the opportunities to
1:30:11 get those um totally appreciate the
1:30:13 arguments on both um Aesthetics and
1:30:16 noise level what I'm hearing is that the
1:30:19 noise the
1:30:21 state levels aren't don't sound like
1:30:24 they're particularly realistic for the
1:30:26 units that are
1:30:28 manufactured so if we were to say you
1:30:31 have to meet State levels and the
1:30:32 reality is that's not what's
1:30:36 manufactured period Then we're telling
1:30:39 people you can't have one of these units
1:30:41 so I think we've got to figure that out
1:30:43 and allow them to put in some sort of HV
1:30:47 some sort of heat pump or AC
1:30:49 unit um I do agree with commissioner
1:30:52 Milligan's language the permanent am
1:30:55 amenities
1:30:57 language um I would vote to Simply
1:31:01 clarify and just be specific HVAC units
1:31:06 you know just be specific about what
1:31:07 we're talking about so that some other
1:31:11 permanent amenity we aren't imagining
1:31:13 today doesn't sneak in here under that
1:31:16 vague language and let's just be say
1:31:20 HVAC heat pump whatever we want we want
1:31:23 to St unit may be placed in this way
1:31:27 adjacent to the
1:31:29 home with these
1:31:35 restrictions I have a quick question
1:31:37 mini or mini what is the life of a
1:31:40 typical heat pumper AG uh
1:31:45 system I talk 10 20 years I get the
1:31:49 feeling like the state law is set up to
1:31:50 drive the manufacturers to meet it
1:31:54 might know do you know Stephen average
1:31:57 LIF I do uh so the for the heat bump
1:32:00 that was installed at our house the
1:32:02 technician said it can last between
1:32:04 eight and 12 years depending on how hot
1:32:07 it gets how much you're using it and how
1:32:10 well you're uh maintaining the UPC so
1:32:13 basically the same lifespan as a water
1:32:15 tank correct
1:32:17 so I have to agree with commissioner
1:32:19 Kennedy you know this is about equal
1:32:21 access you know part of our system these
1:32:24 missions Equity so again allowing people
1:32:26 to have um access to how they're going
1:32:29 to heat and cool their homes I think is
1:32:32 important uh you have Oldtown which is
1:32:34 definitely set up a little bit
1:32:36 differently than Talis and Talis is
1:32:37 definitely set up differently than the
1:32:39 highlands I think it's important that we
1:32:41 give people options in how they're able
1:32:43 to go about this uh my concern is really
1:32:46 the screenings because again it sounds
1:32:48 like from the state we have requirements
1:32:50 that we really can't meet but it sounds
1:32:52 like you guys are working with the
1:32:53 Department of a college to address those
1:32:55 things so I think we'll see you know the
1:32:58 council will probably have a little bit
1:32:59 more knowledge by the time it gets to
1:33:01 their table then we will um I've got
1:33:04 plenty of faith that they'll look at the
1:33:06 decibal language um like I said the
1:33:09 screening the town home that's kind of
1:33:10 the thing I'm concerned about don't want
1:33:12 ice swords in a lovely Community but if
1:33:15 it's not against the fire code and the
1:33:16 police and the fire the firefighters
1:33:18 don't have any problem with it I think
1:33:20 you got to let them do it myself
1:33:27 and I do agree with commissioner Kennedy
1:33:28 and commissioner Milligan I would like
1:33:30 to see that language tightened I don't
1:33:31 know if it would be the same because a
1:33:33 pool requires its own permit but I can
1:33:34 think of just you know those different
1:33:37 entities that you need for things like
1:33:39 pools right filters and filtration
1:33:42 system so there's a whole list of what
1:33:45 such as could end up being I yeah I
1:33:47 think that in this one it was just uh
1:33:50 you won't we won't allow those in the
1:33:51 sidey setbacks and things like that so
1:33:53 we can just call it out instead of
1:33:55 permanent amenities I mean we wouldn't
1:33:57 want to make the code user friendly too
1:33:59 so you know someone that's not lives in
1:34:01 the code language May wonder what's a
1:34:02 permanent amenity so we can switch the
1:34:05 word permanent amenity to a mechanical
1:34:08 units and you know ground mounted
1:34:12 mechanical units can be located in the
1:34:14 without calling them heat pumps because
1:34:16 there may be other things but anything
1:34:18 mechan any mechanical unit is anyone
1:34:21 fighting that too restrictive mechanical
1:34:25 I think I think just specifics it's like
1:34:28 heat pumps AC units I'm not sure what
1:34:30 else falls into that um and similar and
1:34:34 then ground mounted may be too limited
1:34:36 because you may mount it on the side of
1:34:37 your on side of the building too so I
1:34:39 would say maybe not do
1:34:41 ground okay is that something staff can
1:34:45 work langage we can take that you know
1:34:46 if there's consensus to make that change
1:34:48 we can um include that in your
1:34:50 recommendation to cancel
1:34:53 is where I don't I don't get an A uh do
1:34:57 we need to make a an amendment to this I
1:35:00 will defer to Stephen how do you want to
1:35:07 capture I think for this purpose where
1:35:09 we're just clarifying what what we're
1:35:12 going for you don't need to make an
1:35:13 amendment as for we're maintaining the
1:35:16 intent of what we're trying to propose
1:35:18 yeah the spirit of it's still there just
1:35:20 a little bit of language okay great um
1:35:23 would anyone else like to further
1:35:24 comment I don't want to shut it out
1:35:27 so all
1:35:29 right I believe the next one is Monument
1:35:34 sign Stadium lighting yeah um
1:35:38 so the way the sign code is written it
1:35:41 is confusing um and that that led to
1:35:45 this confusion about whether a monument
1:35:48 sign is allowed or not um I Stephen can
1:35:52 you bring up that section another the
1:35:54 code for commission members to actually
1:35:58 see the monument sign table
1:36:35 so um it was kind of this circular logic
1:36:39 in the code language which led to a lot
1:36:42 of confusion um where it says within
1:36:45 Central isqua Highlands and Talis it was
1:36:48 allowed and then it says conditionally
1:36:50 see below and then you go to the
1:36:53 conditionally see below do you have that
1:36:55 section here uh Stephen in your
1:37:02 document okay so conditions on the
1:37:04 monument sign
1:37:09 says um a monument sign in those
1:37:14 neighborhoods Highland Talis and
1:37:16 CBD which I believe um this particular
1:37:20 property is in central business district
1:37:22 CBD on known um that if you have it
1:37:27 legally in place before this chapter was
1:37:29 adopted you can it can main it can
1:37:32 remain uh it may be replaced prior to
1:37:35 demolition if you're demolishing the
1:37:36 building and then replaced has to comply
1:37:39 with the size requirements of the new
1:37:41 code um and then if it is demolished and
1:37:46 a subdivision is
1:37:47 redeveloped it has to be eliminated so
1:37:50 it got really nuanced um but the intent
1:37:54 here in Central and all of these
1:37:56 neighborhoods is that the there's a you
1:37:59 know the code is to bring the property
1:38:01 lines to the build to line so you're
1:38:03 bringing as Redevelopment occurs that
1:38:06 the buildings are going to come closer
1:38:07 to the streets Edge that um the Street
1:38:11 Mount the building mounted signs and
1:38:12 such are uh allowed but Monument signs
1:38:16 are not because at the time of
1:38:18 Redevelopment that's the legislative
1:38:20 intent of the sign code that was
1:38:22 established the language was extremely
1:38:24 confusing which led to some uh confusion
1:38:28 so we we're trying to clear the language
1:38:31 but I think the request from the
1:38:33 Community member here is to allow uh
1:38:36 Monument signs in these District or
1:38:41 where you don't have one pre-existing
1:38:43 Monument
1:38:51 sign Monument sign
1:38:57 both if the intent is actually to bring
1:38:59 them forward I'm just trying to think
1:39:01 because again all the monument sides I
1:39:03 can think of whether it's isqua Maple
1:39:05 Valley typically those commercial
1:39:07 buildings are pushed back the idea is
1:39:10 especially in the highlands where you're
1:39:11 adding more density for bringing those
1:39:13 buildings forward but then they kind of
1:39:15 do look out of place right then you'd
1:39:17 actually prefer that'd be preferable
1:39:19 that they would be building signs awning
1:39:21 signs those type of
1:39:24 but obviously there's you know that's
1:39:26 you're talking about 10 15 20 years of
1:39:28 Redevelopment some of these
1:39:30 areas is there a way that the city can
1:39:32 exempt older building that I mean
1:39:35 because again to your point you read the
1:39:37 code and all of a sudden it says new
1:39:38 monument signs so I understand the
1:39:41 confusion probably understand the
1:39:43 frustration if it was my business but
1:39:45 how do you allow us to move forward with
1:39:46 keeping the
1:39:47 content for newer development while
1:39:51 allowing exemptions for Poss ly older
1:39:53 ones that still have the the deeper
1:39:56 setback yeah I mean some of these you
1:39:59 know I mean we don't know how many of
1:40:01 these you know to answer your question
1:40:02 like can we allow it and how many of
1:40:04 these are pre Redevelopment doesn't
1:40:06 happen overnight uh there's a lot of
1:40:08 properties that may develop over a long
1:40:10 period of time uh or may never you know
1:40:13 uh develop and those are pre-existing
1:40:15 things um
1:40:18 so um cities that care about some of
1:40:21 these things do go down the the path of
1:40:23 doing an inventory of all the properties
1:40:25 that currently have Monument signs which
1:40:28 ones don't and which ones has owned
1:40:30 these properties that potentially could
1:40:32 come in for request for a monument sign
1:40:35 uh I mean that's goes beyond the scope
1:40:38 of the housekeeping code amendments that
1:40:39 are in front of you that's more of a
1:40:41 policy uh change um if if the community
1:40:46 desires to relook at all the monument
1:40:49 signs then that could be added to the
1:40:50 Future updates list perhaps
1:40:53 uh if you if there's consensus that we
1:40:56 need to look at allowing Monument signs
1:40:58 in all of these zones uh but currently
1:41:01 the way it's written it's uh the table
1:41:03 was confusing the intent was to not
1:41:06 allow them unless they already have one
1:41:09 and that we weren't making them
1:41:11 non-conforming um and if it's if an
1:41:14 existing building was being demolished
1:41:16 then you had to get rid of it as well so
1:41:26 commissioner
1:41:27 zacharov so uh commissioner zacharov uh
1:41:30 did I understand it right that you said
1:41:32 that uh buildings that were built prior
1:41:35 to certain date they were kind of like a
1:41:37 little bit farther away from the street
1:41:40 and all new developments are closer to
1:41:42 the street right yeah so you know now we
1:41:44 have these setback standards
1:41:46 architectural design standards and the
1:41:48 idea is that you're getting more um you
1:41:51 know on the valley floor where or in
1:41:53 these master plan communities that there
1:41:54 is more uh build to line requirements
1:41:58 where you're bringing prop buildings
1:41:59 closer to the property line so maybe uh
1:42:02 buildings that are currently farther
1:42:04 away from the property line can be
1:42:06 allowed to do that and buildings that
1:42:08 are closer there are
1:42:10 newer maybe the exceptions could be made
1:42:13 based on
1:42:14 that sure there will be a lot of
1:42:17 buildings uh that you know are
1:42:21 pre-existing yeah
1:42:23 what's the city's uh what's the city's
1:42:26 policy on exemptions and variances if so
1:42:28 for the particular uh comment tonight is
1:42:32 there a path for that because I think
1:42:34 the intense right again as far as
1:42:36 Redevelopment but that takes years I
1:42:38 also don't know how many of these
1:42:40 requests do you guys get to build those
1:42:41 type of Monument signs are we talking
1:42:43 about two a year we talking about 50 I
1:42:47 am not sure uh about the number but I
1:42:50 suspect there's a lot but um Valerie
1:42:53 Who's online might know off hand uh
1:42:56 Valerie do this question comes up often
1:42:59 about needing to put a monument sign in
1:43:02 these
1:43:07 neighborhoods no um they don't come up
1:43:11 regularly um occasionally some folks um
1:43:16 would like them um but it really just
1:43:18 depends on the the neighborhood um some
1:43:21 of the larger um
1:43:23 businesses like um the areas where like
1:43:27 Hobby Lobby they would like Monument
1:43:29 signs but not for smaller um not for
1:43:32 smaller
1:43:41 businesses does the city offer
1:43:43 exemptions or variances for an issue
1:43:44 like this I I'm not sure you know yeah
1:43:47 we all anyone has has an option to go
1:43:49 through a variance process uh but it's
1:43:52 uh cost
1:43:53 and uh it is unique circumstances for
1:43:56 that property that you know you would
1:43:58 have a very hard time meeting all eight
1:44:00 criteria for something that you just
1:44:03 desire uh and if if you have other
1:44:06 opportunities to put the the sign then
1:44:08 you won't really qualify and we we want
1:44:10 to be upfront with folks they have the
1:44:13 the due process to go through that
1:44:14 process and find out if they have a yes
1:44:16 or no but we generally like to tell
1:44:18 people that this will be waste of your
1:44:20 time and money because you likely will
1:44:22 get enough but you're welcome to go
1:44:24 through the
1:44:26 process I guess we could do a flash pole
1:44:29 who's real quickly who's in favor in of
1:44:34 changing it to allow Monument
1:44:38 signs I think I I think I worded that
1:44:41 right who's in favor with the uh the
1:44:43 language right there as far as changing
1:44:45 it to allow Monument signs in the CBD in
1:44:50 the highlands and in the palace who's in
1:44:52 favor of changing it to allow
1:44:54 those yeah CH because this doesn't allow
1:44:56 it yeah the proposal in front of you is
1:44:59 just to clarify the language so there's
1:45:01 no confusion well still I guess the
1:45:02 question stands who's in okay let me say
1:45:04 it like that who's in favor of keeping
1:45:07 it the way it's written
1:45:14 now who's in favor of seeing this change
1:45:16 to allow Monument signs to be
1:45:20 built with yeah with
1:45:24 okay yeah does somebody want to make
1:45:26 amendment to start a conversation
1:45:28 because right now
1:45:46 it yeah commission Madison I guess what
1:45:49 what does the city need from us at this
1:45:51 point because do we need to just answer
1:45:53 kind of the questions that were proposed
1:45:54 to us or do we need to formally like
1:45:56 recommend or reject this
1:45:59 particular yeah I think for City
1:46:01 councils do you agree with the proposed
1:46:03 amendments yes or no and then based on
1:46:07 the public comments you received do you
1:46:09 agree
1:46:10 to the city to add it to their work plan
1:46:14 to look at Monument signs and these
1:46:15 things I mean it's not in front of you
1:46:17 it's not been vetted out and you know
1:46:19 and all that but if you think that
1:46:21 should be added to the work plan then
1:46:22 you you can make that recommendation
1:46:24 right but as it currently stands now if
1:46:25 nothing's happens this would stay the
1:46:27 way it is so the public comment wouldn't
1:46:31 addressed either way though right it's
1:46:34 kind of Catch
1:46:37 um boy if I can offer an alternative
1:46:41 of answering first answering the
1:46:44 question that's posed to the commission
1:46:45 for the proposed amendments and then
1:46:48 someone can make a motion to make a
1:46:51 secondary recommend Commendation to city
1:46:53 council for staff to take a look at it
1:46:56 and you can take action on that as
1:47:03 well yeah I think that's where I'm at
1:47:05 with it is that I I don't really like
1:47:08 the two options in front of us of like
1:47:09 either agreeing or disagreeing I think
1:47:11 that maybe a third option should be
1:47:14 considered uh to kind of go back to the
1:47:16 drawing board and figure out how we can
1:47:17 better address some additional
1:47:19 situations uh in particular the public
1:47:21 comment that was made this evening yeah
1:47:23 I think the way stevenh put it is great
1:47:26 because then we should clarify the
1:47:28 language in the code because it is
1:47:30 confusing so that is one thing you guys
1:47:33 should first make a decision on and then
1:47:36 additionally if you think we should look
1:47:39 address the public comment and um that
1:47:43 that's part
1:47:46 two commissioner
1:47:48 s and then when you're saying new
1:47:51 monument sign are you saying like like
1:47:53 the the bones or Tri XX sign or no um
1:47:59 Monument sign is a free standing sign
1:48:01 that has a foundation and then it's like
1:48:03 on the corner of the property or
1:48:05 something that you know or along the
1:48:07 street front not attached to the
1:48:09 building okay sometimes like a Safeway
1:48:11 sign or or a condominium sign okay okay
1:48:16 a business
1:48:18 sign thanks for that clarification I was
1:48:21 just looking at it like okay if one of
1:48:23 those and then you put it in Talis or
1:48:26 Isa Highlands at May right I mean that's
1:48:29 my fear right little Las Vegas and
1:48:31 that's what I don't that's what I was
1:48:33 thinking so that like I said I I
1:48:36 understand the public comment I would
1:48:37 understand the frustration but I know I
1:48:39 don't want to see Reno in
1:48:46 is yeah we've got one and it gets broken
1:48:48 and it gets it's not maintained and
1:48:50 there's a lot of things that come with
1:48:52 it so you know the business owner has
1:48:54 they're in charge of taking care of it
1:48:55 so you got a good business owner great
1:48:57 if you don't they fall into disrepair
1:48:59 lights don't work half of it's lit up
1:49:02 half of it's not I personally don't like
1:49:04 them but that's just my two cents your
1:49:07 voice it seems like the Community member
1:49:09 wants a second chance it's up to you if
1:49:12 you would uh public comment over I don't
1:49:14 know that that would be a new one for me
1:49:16 I'll def First St is that normal I don't
1:49:20 know either um uh because of this is a
1:49:23 formal uh public hearing public comment
1:49:26 period was already closed and so um we
1:49:30 it's it's not within at least the
1:49:32 boundaries of the rules and regulations
1:49:34 for the commission to uh have a
1:49:36 secondary public comment period unless
1:49:38 it's posted within the agenda yeah no I
1:49:40 I like I said I don't really like
1:49:41 breaking Norms so I do apologize I mean
1:49:44 I I think everybody heard the testimony
1:49:46 um again I I can
1:49:48 feel for a person and again the
1:49:50 frustration and I think that's what they
1:49:52 want right more clarity I just
1:49:54 personally don't like it because that's
1:49:56 me um but I also like to see exemptions
1:49:59 and variances so does anyone want to
1:50:01 take that brave step and make that
1:50:04 amendment to
1:50:06 allow staff to look into it further to
1:50:09 possibly change some of this language
1:50:10 again this needs to be cleaned up
1:50:12 regardless so it's not so
1:50:17 confusing okay um but to be clear it's
1:50:20 not we're not amending right the motion
1:50:24 we would approve this because the
1:50:26 language needs to be updated as is we're
1:50:28 making an secondary motion to recommend
1:50:31 to council that they can look more into
1:50:35 this or encourage staff to look more
1:50:37 into this is that right yeah so I move
1:50:42 to recommend to councel that where
1:50:46 Stephen where where's step were you um
1:50:49 that that um
1:50:53 staff are kind of granted time and
1:50:56 ability to
1:50:58 research that make sense that
1:51:02 good okay is there a
1:51:05 second second thank you commissioner
1:51:07 Kennedy Stephen do you have what you
1:51:11 need yes I just want to make sure that
1:51:13 there's uh discussion in case there's
1:51:15 anything else before a vot's
1:51:18 taken is everybody good with the
1:51:20 discussion I can just add to my reasons
1:51:22 to make that recommendation because I
1:51:24 don't see the issue I didn't think like
1:51:26 Viva Las Vegas I thought like my
1:51:28 neighborhood has a sign on the corner
1:51:30 and it's kind of nice to like know I
1:51:31 live in this neighborhood or like if I'm
1:51:33 driving down the street and I'm looking
1:51:34 for a business and like do I want to
1:51:36 look through the trees right to figure
1:51:38 out where I'm going and so for those
1:51:39 reasons I see the utility of these sorts
1:51:41 of signs and so for me it's maybe like I
1:51:45 don't know if the rest of the sign code
1:51:46 kind of dictates what they can look like
1:51:48 I'm assuming like there's Oldtown
1:51:49 standards right so you couldn't put a
1:51:51 flashing know yeah there
1:51:54 no disco in Old it's the maintenance
1:51:57 part that just that's what for me and
1:51:59 again I just I look at mine it's just
1:52:02 not well maintained those are the things
1:52:03 that bum me out and how many and how
1:52:06 many each property has it right right
1:52:09 every everyone wanted then so but I
1:52:11 don't get offended by
1:52:15 like all right are you ready to vote on
1:52:20 Vice chair Bader's Amendment all in
1:52:21 favor
1:52:27 unanimous and I believe I screwed up the
1:52:29 order I think we got to go back to the
1:52:32 stadium
1:52:51 lighting is this this is the technical
1:52:53 lighting requirements there's something
1:52:55 called color rendering index of 80 so in
1:52:59 that table uh up up above um Stephen
1:53:03 that 80 needs to be change changed to
1:53:06 something that's the problem no less
1:53:10 80 because 80 is not available in the
1:53:14 market um so that's correct we what we
1:53:18 did for the amendment was uh put in an
1:53:20 exemption below oh okay so for
1:53:24 everything else it's 80 is the Max uh it
1:53:26 can't be less than 80 but for stadium
1:53:29 lighting 80 can't be manufactured
1:53:33 therefore you
1:53:36 um you're exempt from Stadium lighting
1:53:39 as long as you adhere to the mitigation
1:53:42 strategies of this model lighting
1:53:50 ordinance comments
1:53:59 questions I can make a comment for the
1:54:02 sake of it um I think this does kind of
1:54:05 what we wanted it to do um following our
1:54:07 discussion last week I guess my question
1:54:10 and assumption is that this is doable
1:54:13 right that you can kind of mitigate
1:54:15 these Stadium lights enough to comply
1:54:17 with dark sky standards that is UN
1:54:20 understanding yes
1:54:23 okay any further
1:54:28 debate okay and I think our last one is
1:54:46 canopy oh forgot Landmark Signs oh yes
1:54:57 so um you heard from um program master
1:55:02 um that um is looking at um using this
1:55:07 provision in the code it obviously um
1:55:10 had some uh challenges uh in terms of
1:55:14 our implementation and my personal
1:55:17 opinion there was some conflicts between
1:55:18 it that says no name change but the 20 %
1:55:22 of the text can be changed so I think
1:55:24 there was some inherent conflict there
1:55:26 um so I think staff Valerie and Stephen
1:55:30 others have been working on this and and
1:55:32 have some proposal um and marnett who
1:55:35 spoke earlier I think he may be still on
1:55:38 uh yeah and he's listening and he sent
1:55:40 out an email with some graphics that I
1:55:42 have sent over uh forwarded those to
1:55:45 your uh planning policy commission
1:55:48 meeting you're not approving his
1:55:50 particular permit application or has
1:55:52 signed but that's an example to use for
1:55:55 this filter I think um what's proposed
1:55:58 in front of you is uh some boundaries
1:56:00 within which a landmark sign um one The
1:56:04 Landmark sign has to be in existence for
1:56:06 40 years so there's not a whole lot of
1:56:08 them in is that will qualify for that
1:56:10 for that very reason the definition of
1:56:13 landmark sign so it's not that this is
1:56:15 going to be heavily used or abused or
1:56:18 you know everyone's going to be able to
1:56:20 qualify for this because none of the
1:56:22 average life of a sign is in 40 years um
1:56:25 so having said that uh the proposal in
1:56:29 front of you is still setting some
1:56:31 boundaries within which um um these
1:56:34 could be altered if they get that
1:56:36 designation uh so keeping the shape the
1:56:38 same uh setting a threshold of 50% to be
1:56:41 modified and it's really we have 50% for
1:56:44 redevelopment threshold and we and we
1:56:46 were just trying to figure out instead
1:56:48 of just picking a number we already have
1:56:50 a 50% threshold for when a
1:56:52 non-conforming has to be brought into
1:56:54 compliance so uh keeping that and then I
1:56:57 think maret's uh comments and the email
1:57:00 that was uh emailed are uh related to C
1:57:05 he's asking a deteriorate you know like
1:57:08 if it's a damaged portion uh we say here
1:57:11 must be repaired rather than replaced
1:57:14 and in his particular context uh the
1:57:17 trip X root bear some of those lights
1:57:20 are falling off that would he be allowed
1:57:22 to at least if it stays within the same
1:57:25 context looks like that should he be
1:57:27 allowed to replace them uh and not just
1:57:30 uh repair them uh his other question is
1:57:34 related to new material must be
1:57:36 consistent with assigned design color
1:57:39 and texture as to how much flexibility
1:57:41 there is it is not exact like for like
1:57:44 match it's really keeping the intent of
1:57:46 the design uh sign so there's some
1:57:49 inherent flexibility that staff can use
1:57:52 um so if it if the material is wood and
1:57:56 it goes to a metal but kind of looks the
1:57:59 same you know will that that's his
1:58:01 question that will will that do we need
1:58:04 to provide that additional flexibility
1:58:06 there um the process for ones uh this
1:58:11 gets a landmark designation is if you
1:58:13 are doing making changes more than 50%
1:58:16 then uh once you get your designation
1:58:19 you can also go to development
1:58:21 commission and say this 50% doesn't
1:58:23 really work for us and they can make
1:58:25 that call if you scroll down um Stephen
1:58:28 under four is there something
1:58:31 description of what that criteria
1:58:37 is lighting must comply I'm not sure
1:58:40 what approval from development
1:58:41 commission is required for any
1:58:43 alteration that's more than
1:58:45 50% um may be granted when modification
1:58:49 is consistent with the Landmark Signs
1:58:51 design color and texture so you can you
1:58:55 know that's just an
1:58:57 additional development commission's call
1:58:59 do really not too many boundaries for
1:59:01 them other than it's consistent with the
1:59:03 design so it's built on some sort of
1:59:05 flexibility there for development
1:59:07 commission it's not clear to me and
1:59:09 honestly um but Stephen may be able to
1:59:11 help or Valerie um so how would it work
1:59:15 that they apply for a landmark
1:59:17 designation and at the same time they
1:59:20 can make a case that they need to make
1:59:23 more than 50% changes so therefore that
1:59:25 should also be allowed or once a sign
1:59:28 gets Landmark designation and they come
1:59:30 in for sign permits later and they're
1:59:33 making more than 50% sign changes and
1:59:36 they would have to go back to
1:59:37 development commission that's the way
1:59:38 I'm understanding even if you can
1:59:40 confirm that I have the right
1:59:45 understanding H yes Mini U you're
1:59:48 correct on on the secondary process they
1:59:50 would need to go back back to the
1:59:52 development commission once they have a
1:59:54 signed permit
1:59:55 ready yeah but in in maret's case if he
1:59:58 has everything ready he can go in one
2:00:01 time and ask for it to be designated as
2:00:04 a landmark and if he's tripping the 50%
2:00:06 threshold then he could ask development
2:00:08 commission to look at it at the same
2:00:10 time correct there's nothing preventing
2:00:13 uh doing a combined process
2:00:18 okay comments
2:00:25 what's the benefit of being a
2:00:28 landmark um from the city's perspective
2:00:31 um you know it keeps the context and the
2:00:34 historical character of the city and um
2:00:37 sometimes those uh signs can become
2:00:39 non-conforming but there's the
2:00:41 historical context uh when the sign code
2:00:44 was being updated um the historical uh
2:00:48 folks did uh provide some comments I
2:00:50 think there was discussion at the
2:00:52 planning policy commission or at the
2:00:53 council level I can't remember now uh to
2:00:55 talk about um what about bom's candy and
2:00:59 what about these things you know if
2:01:00 they're not going to meet your sign code
2:01:02 should there be an exemption for that
2:01:04 and therefore I think it came into well
2:01:06 you can do a landmark sign designation
2:01:09 uh process to keep that unique character
2:01:12 uh of some of these uh unique aspects uh
2:01:15 that have some historical context that
2:01:18 you would lose otherwise so the biggest
2:01:20 thing is it allows them to basically
2:01:23 skip having
2:01:25 to fall
2:01:27 into going through the new code so if
2:01:29 like the sign was damaged they can
2:01:31 repair it without having to go through
2:01:33 the code they as long as they put it
2:01:35 back the way it was but ultimately other
2:01:38 than that like I said it seems strange
2:01:39 to me I mean I love the trip X sign
2:01:41 after 20 years seems strange to me that
2:01:44 we would punish Burger Master by keeping
2:01:46 a barrel uh but I can see understand
2:01:49 that yeah they would no longer be able
2:01:50 to advertise from the freeway way that
2:01:52 sign would come way down yeah rooftop
2:01:54 signs are not allowed the sign code so
2:01:57 they won't be able to put up a rooftop
2:01:58 sign but yeah at the same time does
2:01:59 anyone want to Big see a big steer with
2:02:01 horns from the freeway that's not the
2:02:03 intent of what the landmark designation
2:02:08 so yeah it's it's that balance of you
2:02:11 know the land the the signs nobody's
2:02:13 going to keep them if they can't
2:02:15 advertise their business on it too so
2:02:18 that's just the reality of um
2:02:25 yeah commissioner Patterson yeah I mean
2:02:27 I think where we're going is kind of
2:02:28 where we discussed last week was
2:02:31 originally this was brought to us
2:02:32 because it was too rigid and there
2:02:34 wanted to be some flexibility I think we
2:02:36 kind of gave feedback of maybe it was
2:02:38 too flexible and we wanted to get back
2:02:40 to focusing on like why it's a landmark
2:02:42 in the first place um so I I think
2:02:45 personally like what's been presented to
2:02:47 us today for the most part is a good
2:02:49 middle ground in terms of it does
2:02:51 provide the flexibility to allow a new
2:02:54 owner to promote their own business um
2:02:57 while still maintaining the I guess
2:02:59 Spirit of what the landmark is and I
2:03:01 think some of the longer term community
2:03:04 members who as soon as triple xbg went
2:03:06 out were like what's happening with the
2:03:07 barrel you know the barrel sign like
2:03:09 there was some amount of wanting to keep
2:03:11 that around because of its sort of
2:03:13 landmark type designation so um I think
2:03:17 on the whole it's a good kind of middle
2:03:19 ground there's probably some fine-tuning
2:03:21 that maybe we can all help with but um I
2:03:24 think it's a good improvement from where
2:03:26 we were last week yeah can I ask a
2:03:29 question Minnie and thank you
2:03:30 commissioner Patterson so ultimately
2:03:32 let's use Burger master and Trip s
2:03:34 triple X as an example so ultimately
2:03:36 they'd have to keep the shape of it
2:03:40 where they might be able to get away a
2:03:41 little bit is obviously the tri XX the
2:03:47 beer that's thank
2:03:50 you right
2:03:53 okay so ultimately like you said they
2:03:54 haven't changed 50% of the sign but they
2:03:56 get to keep that might based on what you
2:03:58 know we we just got this today so we
2:04:00 haven't done their math and it doesn't
2:04:01 have all the dimensions and stuff but a
2:04:04 quick look from staff was it probably is
2:04:06 going to trip the 50% threshold so it
2:04:09 just means that as long as the design
2:04:11 intent and the the you know the scheme
2:04:14 it still looks like a barrel it's still
2:04:16 you know that that development
2:04:18 commission will have a say in it now the
2:04:20 development Commission you know the the
2:04:22 sign Cod just said it's a development
2:04:24 commission approval it didn't say what
2:04:26 type of level and now we looked at our
2:04:28 code and development commission only
2:04:30 gets level four which is a little bit of
2:04:32 an overkill for a signed permit to be a
2:04:35 level four but level four will require a
2:04:37 public hearing all the property owners
2:04:39 will be notified development commission
2:04:41 will then hear and make a decision based
2:04:44 on this criteria so that'll be the
2:04:46 approval process for this unless you
2:04:49 think it should be a different approval
2:04:51 process and and real quickly roughly how
2:04:54 many Landmark Signs are there throughout
2:04:55 the city zero at this time nobody's
2:04:59 asked for a designation and how many
2:05:01 currently exist though
2:05:04 zero and we don't expect it to be
2:05:07 heavily used
2:05:08 anyways because of the
2:05:11 40-year existence a tough marker to make
2:05:13 as you mentioned earlier
2:05:17 yeah well I think sending the picture is
2:05:21 Extreme helpful because we can talk
2:05:23 about this till we're blue in the face
2:05:25 but until you see what the intent is
2:05:27 it's really hard to know well 50% of
2:05:31 what they could be changing color they
2:05:33 could be changing shape but to see them
2:05:37 keep the basics of the traditional sign
2:05:41 there and in a in a very nice way at the
2:05:45 Burger Master to it um really helps with
2:05:49 assessing the general nature of of this
2:05:52 potential change to code um so I would
2:05:56 say yes and we've done I think a good
2:05:59 job of approval may be granted when the
2:06:02 modification is consistent with the
2:06:03 Landmark Signs design color and texture
2:06:06 you know if this is an approval from the
2:06:08 development commission so long as we've
2:06:09 got review and we're looking at all this
2:06:12 I think allowing it's great like you're
2:06:15 going to send us a mockup of what the
2:06:17 plan is because it's so
2:06:20 subjective um that I think given us that
2:06:23 we're in good
2:06:25 shape I second that commission that was
2:06:28 a great comment and yes it's very
2:06:29 helpful so um so if you want to address
2:06:33 the public comments um are you know in
2:06:36 terms of now binding them to just having
2:06:39 replace uh that they can't
2:06:42 replace uh the damaged portions to say
2:06:46 to the extent practical and feasible at
2:06:49 the end of C but damaged portions of the
2:06:52 sign may be repaired rather than
2:06:54 replaced to preserve historical context
2:06:56 to the extent practical and feasible
2:06:58 because what if you know they can they
2:07:00 can't find the replacement for it or
2:07:02 anything but as long as it looks and
2:07:03 feels the same whether it's new or
2:07:06 repaired is I think the ask from um the
2:07:10 public comment
2:07:15 tonight oh thank you commissioner migan
2:07:26 you're on
2:07:29 mute Nina you're muted there you go I'm
2:07:33 ready uh commissioner Milligan here uh
2:07:36 thank you director Dolly wall I was
2:07:37 going to comment on letter C and I
2:07:40 thought that the second sentence in that
2:07:42 where it says new material must be
2:07:43 consistent with the uh sign design color
2:07:46 and texture uh it says new material
2:07:49 which is implying that the material is
2:07:52 being replaced so I wondered why we were
2:07:56 um disallowing
2:08:00 replacing uh when we have all the other
2:08:03 caveats that say the new stuff is going
2:08:05 to be like is going to emulate and
2:08:08 represent what the old stuff was doing
2:08:10 so that was that was my word
2:08:12 Smith um I didn't think we needed and
2:08:15 and also oh excuse me uh that's feasible
2:08:18 and practicable I have um generally
2:08:22 generally always um been against that
2:08:25 language because it is too relative to
2:08:29 be very um uh uh useful and enforceable
2:08:35 thank
2:08:40 you Mr Kennedy well she makes a good
2:08:43 point now that pointing out section c
2:08:46 those two sentences don't work with each
2:08:48 other at all yeah I'm wondering if that
2:08:51 as Stephen you can speak to it is it
2:08:52 supposed to be
2:08:54 D it's a numbering thing that
2:09:01 happened maybe I can attempt to um speak
2:09:04 to that um I think the intent of the the
2:09:08 second sentence is when you have some of
2:09:11 these older structures you may not be
2:09:13 able to um find the same material or
2:09:15 replace for like for like so if you have
2:09:17 to replace it it with something new it
2:09:21 should be very consistent what what's uh
2:09:23 what was originally there that was the
2:09:25 intent of
2:09:27 this ises that hope that clarifies that
2:09:30 sure so Valerie should then we delete
2:09:34 the first part of that sentence because
2:09:37 the first sentence is saying you can't
2:09:38 replace
2:09:39 it uh you have to repair
2:09:44 it um my S I want to reiterate my
2:09:47 suggestion and that was just to remove
2:09:49 the word um
2:09:52 that they um must be repaired rather
2:09:55 than replaced okay remove uh rather than
2:10:02 replaced we probably do well
2:10:05 enough
2:10:06 um thank you commissioner Milligan
2:10:08 commissioner Kennedy I'm sorry
2:10:10 commissioner zacharov then commissioner
2:10:12 Kennedy commissioner zacharov maybe um
2:10:16 the word uh the phrasing um the intent
2:10:20 to keep as much of the the original
2:10:21 material of the sign should be shown
2:10:25 basically should be
2:10:29 there like that thank
2:10:32 you commissioner
2:10:34 Kennedy I propose deteriorated or
2:10:36 damaged portions of the sign will be
2:10:39 repaired when possible rather than
2:10:42 replaced to preserve historical
2:10:44 context when new material
2:10:47 must when needed new material must be
2:10:50 consistent with a sign design color and
2:10:53 texture yeah I'm comfortable with that
2:10:57 got a thumbs up from my
2:11:00 screen uh I will defer to Stephen is
2:11:03 that still maintaining the spirit or do
2:11:05 we need to actually make a proper
2:11:07 Amendment fa voice you would uh need to
2:11:10 take a formal V on vot vote on the
2:11:12 amendment okay does someone want so
2:11:14 basically the amendment on the floor if
2:11:16 I understand this correct even though we
2:11:17 didn't say the magic words as
2:11:18 commissioner Kennedy's that's okay
2:11:22 I move to amend this
2:11:24 portion with the wording maybe I can
2:11:28 repeat the deteriorated or damaged
2:11:30 portions of the
2:11:32 sign shall be repaired when possible
2:11:35 rather than replaced to preserve
2:11:37 historical
2:11:38 context when new material is needed it
2:11:42 must be consistent with the sign design
2:11:44 color and
2:11:46 texture nice job I second
2:11:49 that all right all in favor
2:11:54 hi okay
2:12:02 unanimous okay so which number are we on
2:12:08 Stephen now we're on the Tre now we're
2:12:11 in the
2:12:11 trees so there's one more before tree
2:12:14 removal tracking that's the critical
2:12:16 area report must be posted
2:12:18 online oh that's right oh uh is that a
2:12:25 yes oh I'm sorry that's a clarification
2:12:28 that's a mistake on this list uh you're
2:12:30 correct it's the tree removal uh
2:12:46 tracking yeah I think this one um you
2:12:50 heard some testimony and stuff uh
2:12:52 Stephen do
2:12:54 we um treat removal by a public agency
2:12:58 or franchise utility within the public
2:13:00 right away or upon a public
2:13:03 easen
2:13:05 um these are exemptions except as
2:13:08 provided any person who desires to yeah
2:13:11 so you don't need a tree permit by a
2:13:14 public agency like the city or pugan
2:13:17 region you know
2:13:18 PC um any franchise utility doesn't need
2:13:22 a permit as long as the work is
2:13:24 occurring within the public RightWay or
2:13:26 upon a public easement and only for the
2:13:29 purpos of installing water storm sewer
2:13:31 power gas line blah blah blah um so I
2:13:34 think this was added that say public
2:13:38 works department and the streets is
2:13:40 taking down some trees and replacing
2:13:42 them that they would give a notification
2:13:44 to Community Development
2:13:46 Department um before they remove it um
2:13:51 tree replacement is required as part in
2:13:53 the same sub area so even though it's
2:13:55 not a tree permit requirement there's
2:13:57 still a not there was still a
2:13:59 notification requirement to the
2:14:00 department uh we've had some internal
2:14:02 discussions Parks um Dan hin who's are
2:14:06 the city's new Urban
2:14:07 Forester um program manager he shared
2:14:11 how Parks uh accounts for these uh you
2:14:14 know new plantings and things in a
2:14:16 spreadsheet format um Public Works
2:14:19 express some conc concerns about um you
2:14:23 know there's crew out in the field
2:14:24 there's a snowstorm if they've kind of
2:14:26 taken a few things out they're not going
2:14:28 to know which parcel number or whatever
2:14:30 but they account for that they take
2:14:32 pictures and they they can do their own
2:14:33 maintenance similar to parks department
2:14:35 and so we were saying well it doesn't in
2:14:38 order to be efficient we don't need more
2:14:40 process to kind of give us another form
2:14:44 um so but do we want this for p PSC to
2:14:49 still tell us and you know when it's non
2:14:53 city um agency uh do we want still some
2:14:57 reporting uh from them which is not what
2:15:00 is presented here but I think today we
2:15:01 were discussing so I'm wondering for the
2:15:04 options for this one perhaps are to
2:15:07 defer it to a later time when we
2:15:10 actually do the tree code update that
2:15:12 you know we're looking at sub area
2:15:14 planning and other things we can bundle
2:15:16 this with that and bring back um some
2:15:20 better
2:15:21 language for you all if or you can just
2:15:24 pass it forward and just this would then
2:15:27 the way it's written right now it would
2:15:29 apply to PSC as well as the city so
2:15:32 there's
2:15:32 no um they requirement for
2:15:36 them as well so as it's written now
2:15:39 there's no requirement for PSC to report
2:15:43 it it's not even though Public Works
2:15:45 takes it correct and then I think
2:15:48 striking out that sentence three
2:15:49 replacement must be required within the
2:15:51 same planning sub area is also struck
2:15:54 out so if the intent is
2:15:58 to keep
2:16:01 it um my my recommendation would be we
2:16:04 just defer this and we'll come back when
2:16:07 we've sorted it out a little bit better
2:16:10 yeah I'm not big on redundancies myself
2:16:12 but uh yeah I think more information is
2:16:14 always better for better
2:16:16 decisions having said that though I
2:16:18 think we are going to take the last item
2:16:20 on our agenda and move that to our next
2:16:22 meeting so I know Valerie was looking
2:16:24 forward to present tonight I apologize
2:16:26 Valerie but we'll do that next time so
2:16:29 again we do have a few more minutes if
2:16:31 you want to kick this around I don't
2:16:32 want to watch the clock and feel like
2:16:34 you've got another 40 minutes in front
2:16:36 of you so do anyone has anything to say
2:16:39 about this please speak up before we
2:16:41 close this out begin to close it
2:16:45 out we would need to move it right sure
2:16:52 I Stephen do we need to a formal move to
2:16:56 we had to move to defer the other
2:17:00 one yes Vice chair Bader is correct that
2:17:02 um we need a motion for deferring this
2:17:06 item um okay so then I move to defer
2:17:09 this to a later
2:17:12 date I second it all in
2:17:16 favor unanimous
2:17:21 okay I give you a sneak preview but yes
2:17:24 we are going to take our neighborhood
2:17:25 planning guide and we will move that to
2:17:27 our next meeting so we will begin to
2:17:30 wrap it up tonight by asking for
2:17:34 reports uh I'm not sure who's going but
2:17:36 I will look and just say staff any city
2:17:39 council updates for us this evening fa
2:17:41 voice we still need to close out the
2:17:43 main motion for tonight for the code
2:17:45 updates oh thank you Stephen
2:17:56 so basically someone has to repeat with
2:17:59 the Amendments made this motion carries
2:18:01 and we all Vote or do we not even have
2:18:03 to make that motion we can just
2:18:08 vote it would need to be a uh a repeat
2:18:12 if there's no further discussion
2:18:48 I think so
2:18:55 go ahead commissioner Patterson okay uh
2:18:58 all I uh move to recommend approval of
2:19:01 all the proposed amendments to Title 18
2:19:04 part one General Provisions title two
2:19:06 procedures part three division of Land
2:19:08 part four zoning part five specified use
2:19:11 standards part six development standard
2:19:14 and part eight environment with the
2:19:17 additional amendments that were passed
2:19:19 by the commission
2:19:21 this evening excellent thank you do we
2:19:24 hear a
2:19:25 second second
2:19:27 second all in
2:19:31 favor
2:19:36 unanimous all right Stephen did you get
2:19:38 what you
2:19:40 needed yes thank you chair okay thank
2:19:44 you all right reports city council
2:19:46 updates not sure who's going to go but
2:19:49 yeah I don't have any any updates I
2:19:51 think I provided some updates about the
2:19:54 permit process improvements that we're
2:19:55 doing at the last
2:19:58 meeting Stephen anything from you just a
2:20:01 quick update with uh the code amendments
2:20:04 um recommendation from the commission
2:20:05 tonight this item will go to the
2:20:07 Planning Development environment Council
2:20:09 committee on July
2:20:13 9th all
2:20:15 right are there any updates to the
2:20:17 calendar any other business or
2:20:19 announcements from
2:20:22 staff no uh no additional announcements
2:20:25 from staff
2:20:26 tonight all right anything for the good
2:20:28 of the order for our
2:20:31 commission all right there being no
2:20:32 further business before the commission
2:20:34 we'll adjourn tonight a late
2:20:37 one 8:53 p.m. thank you

Attendance

Council / Members (8)
Voiss
Vice-Chair Bader
Commissioners Esemuede
Kennedy
Krass (Alt)
Milligan (Virtual)
Patterson
Zakharoff (Alt)
Staff (1)
Minnie Dhaliwal, Director, CP&D Amanda Jackson, Meeting & Records Assistant Stephen Padua, Long Range Planning Manager (Virtual) Valerie Porter, Associate Planner (Virtual) 2