DEVELOPMENT ADVISORY BOARD MINUTES

June 18, 2002

Members Present Ben Barcon Patricia Childs Gary Coley Stephen Elssmann Michael Friess Peter Hemingway David Kelly Barbara Koffron Larry Litchfield Scott Mardian Herman Orcutt Greg Russell Darrell Wilson Members Absent John Augustine Mike Colletto Melissa Gallegos Danny Ortega Judy Pavsek Steve Speer Julie Stiak

Staff and Interested Parties Karen Beckley,, City of Phoenix, DSD Carole Borrego,City of Phoenix, DSD Jay DeWitt, City of Phoenix, CED Mike Frisbie, City of Phoenix, Streets Vicki Hill, City of Phoenix, Law Don Jones, City of Phoenix, Law Judy Lenz, City of Phoenix, DSD Joe McElvaney, City of Phoenix, DSD Joanne Owens, City of Phoenix, DSD John Parks, City of Phoenix, DSD Scott Stookey, City of Phoenix, Fire Department Cindy Stotler, City of Phoenix, DSD John Verdugo, City of Phoenix, Planning John Watson, City of Phoenix, Fire Jon Wendt, City of Phoenix, DSD Ex-Officio's Present Rick Doell, City of Phoenix, DSD Joe Parma, City of Phoenix, NSD Ex-Officio's Absent Jim Shannon, City of Phoenix, WDS John Siefert, City of Phoenix, Streets Sandy Zwick, City of Phoenix, Planning & Zoning Public Rus Brock, Homebuilders Association Liz Carabine, MCDI Carlo Gegen, RJA Phil Quidort, Knoell & Quidort

Pete Hemingway, DAB Chairperson, convened the meeting at 3:11 p.m.

MINUTES OF April 18, 2002:

MOTION was made by Herman Orcutt, seconded by Scott Mardian, to approve the meeting minutes of April 18, 2002. Motion carried unanimously. seconded

REQUEST FOR FUTURE AGENDA ITEMS:
None

DISCUSSION OF SUBCOMMITTEE REPORTS:
Executive
DID NOT MEET

Fiscal and Performance Subcommittee
No meeting was held due to lack of a quorum.

Process and Procedures subcommittee:
Ben Barcon mentioned that the subcommittee did hear a couple of presentations without discussion. Susan Pope, Plan Review Coordinator, Development Services Department gave a presentation on the New Address Assignment Procedure. Joe McElvaney, Fire Protection Engineer, Development Services Department, gavean update on the NFPA 5000

Technical Subcommittee:
DID NOT MEET
Pete Hemingway mentioned that this subcommittee would be responsible for the NFPA 5000 approval process

Hillside Subcommittee:
Michael Fries stated that the subcommittee decided to go forward with the revisions of the Hillside Ordinance.

On-Site Retention/Flood Plain Management:
DID NOT MEET

INFORMATIONAL ITEM/BARBARA KOFFRON:
Mr. Hemingway announced that Barbara Koffron, DAB Board Member, has been appointed as Fire Marshal for the City of Phoenix. She is the first female Fire Marshal for the City of Phoenix in 115 years!

INFORMATION ITEM/DAB TERM EXPIRATION:
Mr Hemingway announced tht the following terms would expire on July 1, 2002:
John Augustine - Resigned
Ben Barcon - Accepted a new term
Gary Coley - Accepted a new term
Pete Hemingway - Accepted a new term
Dave Kelly - Resigned
Judy Pavsek - Resigned
Julie Stiak - Resigned - Term has not expired, but due to other commitments, Ms. Stiak optioned to resign.
Darrell Wilson - Accepted a new term

DISCUSSION/UPDATE/POSSIBLE ACTION ON THE NFPA 5000 CODE.
Joe McElvaney, Fire Protection Engineer, Development Services Department, gave an update on the NFPA 5000 Building Code and presented a power point presentation on what the City of Phoenix is doing to adopt the NFPA 5000 Building Code.

In May of 2002, members of NFPA, City of Phoenix, and a few members of the Development Advisory Board traveled to Minnesota to vote on the NFPA process. Balloting will be done and this will be going to a Standards Council, which is somewhat like an appeals process. This will take place in July 2002 in Massachusetts. With the approval of the process, the final book will be out by September 2002.

Mr. McElvaney explained that in December 1997, the City Council passed Resolution No. 19015, which required the City of Phoenix to adopt consensus based codes. In December 2000, the City Council and the Development Advisory Board recommended the approval of the Five-Step Process, along with timelines and goals to complete this process. The steps below will be followed by all codes that will be adopted.

Step 1
Consensus Review:
Review Codes for Compliance with Resolution No. 19015 for Consensus
COUNCIL ACTION DECEMBER 2000 NFPA 5000

Step 2
Staff Review:
Staff review codes
Compare to current codes
Forms an amendment package
STAFF REVIEW BEGINS APRIL 9, 2002

Step 3
DAB Subcommittee Review
DAB Subcommittee formed with staff members
Public meetings held on proposal
DAB REVIEW TO BEGIN FALL 2002

Step 4
DAB recommendation
DAB Board holds public hearing on proposal
Makes recommendation to City Council
PUBLIC HEARING DECEMBER 2002 OR JANUARY 2003

Step 5
Council Action
City Council Committee holds public hearing
Council reviews and adopts code package
COUNCIL ACTION JANUARY 2003 EFFECTIVE NFPA 5000 DATE APRIL 2003

Mr. McElvaney stated that Step 1 of the process is complete and currently staff is at Step 2. Staff is reviewing the code and subcommittees have been appointed. Some subcommittees are working with outside professionals (Engineer's, Architects). The goal is to have Step 2 completed by Fall 2002 and to make the NFPA 5000 Building Code useable, enforceable, and readable.

Thus far, this presentation has been presented to American Society of Professional Cost Estimator's, The Homebuilder's Association, MAG Media, and one engineering firm. Approximately forty letters have been mailed out to various professional organizations to get the word out about the code change and get participation as much as possible.

After staff has completed their review, this will presented to the Development Advisory Board for their review and approval then to the City Council for public hearing.

Mr. Gary Coley asked for clarification of what "consensus codes" means. Mr. Don Jones, City Attorney, suggested that this be on next month's agenda, as he didn't have the ordinance with him. Mr. Larry Litchfield stated that the ordinance that the City Council passed adopting the Five-Step Process identified which code they deemed to be consensus at that time. As part of the Council action, which was unanimous, they identified the Uniform Mechanical Code, the Uniform Plumbing Code, the National Electrical Code, the NFPA 5000 Code, and the Fire Prevention Code as the five consensus codes that they would like to see adopted.

Mr. Hemingway stated that the Technical Subcommittee will be addressing specific areas of this code and in particular the Process and Procedures Subcommittee will handle Chapter 1. He mentioned that Mike Colletto, Technical Subcommittee Chairperson, requested assistance in reviewing the NFPA 5000. Mr. Colletto has requested help from Greg Russell regarding the Light Rail Project and also from Steve Speer regarding the NFPA 5000 Code Adoption Process.

Mr. Coley stated that last year the Development Advisory board passed as recommendation to the City Council to reconsider the form and content and intent of Resolution 19015. He suggested that the Development Advisory Board asked to have City Council considers that recommendation or does that require another vote.

DISCUSSION/INFORMATION/POSSIBLE ACTION REGARDING THE APPLEBEE'S RESTAURANT APPEAL THAT WAS HEARD BY THE DEVELOPMENT ADVISORY BOARD ON NOVEMBER 1, 2001:
Vicki Hill, Assistant City Attorney, Law Department, gave a brief update of the Applebee's issue. Ms. Hill stated that they appealed the Development Advisory Board's decision not to grant the application for modification. The oral argument date has not been set yet, but as soon as she has that information, Ms. Hill will inform the Board of the date. Currently Applebee's is operating with a Conditional Certificate of Occupancy.

DISCUSSION/INFORMATION/POSSIBLE ACTION OF THE DEVELOPMENT SERVICES DEPARTMENT FEE SIMPLIFICAITON FORM: Ms. Judy Lenz, Rate Analyst, Development Services Department, gave a brief presentation on the entire process of the simplification the fee schedule. The main goals of the new process are:
· Simplicity
· Predictability
· Equity
· Cost Recovery

Ms. Lenz is in the process of creating a system that will initially be used primarily by Development Services Staff. Once staff is familiar with it, they'll start using it and assisting customers with this process. This is basically is help system and is very user friendly when staff and customers utilize the program.

Currently there are approximately 250 different fee codes and explanations need to be applied to each code. When this is completed, this procedure can be put on the internet. This will enable the customer to go over the checklist and figure out what they will need to complete the process, including how much it will cost them. By the time the customer comes in to the Development Services Department to submit their plans, they should have an idea of what the fees are.

This project will take approximately 18 months or more to complete, as there is a many procedures to complete.

DISCUSSION/INFORMATION/POSSIBLE ACTION ON COMMERCIAL ZONING ORDINANCE REVISIONS: LARGE SCALE COMMERCIAL: TAB A, CITYWIDE DESIGN GUIDELINES: TAB B, STANDARDS: AND ADJACENT TO ADOPTED PLAN AREAS:
Mr. John Verdugo, Principal Planner, Planning Department, stated that during the past couple of years Development Services Staff and the Planning Staff has been working with subcommittees of the Planning Commission and the Design Review Standards Committee on various aspects of the Zoning Ordinance as they relate to the commercial provisions.

Mr. Verdugo stated that a couple of years ago member of the City Council asked that a study be completed regarding "Big Box". Every city has a Big Box ordinance that they address, but at this point Phoenix does not have one. Council asked the Planning Commission to initiate a text amendment addressing Big Box Developments. While this study has been ongoing, the Design Review Standards Committee has also felt the need for revising the Design Review Standards of the Zoning Ordinance, which were initially adopted in 1991.

In between this time, the Planning Commission asked us to review some text amendments. The first one was for parking. City Council is concerned with parking spaces and parking garages are not adequately sized to meet the needs of today's vehicles or the use that they are serving.

Currently the following items are being worked on:

1) Update of the Citywide Design Review Standards
A draft of The Big Box or large-scale ordinance amendments, which affects landscaping, parking, and the quality of design has been developed.

2) A draft to address any properties within a 1,500-foot distance from any adopted special planning area. This has been, thus far, the most controversial component of the study.

3) A draft to address parking spaces for retail to be longer, wider, and the driveway isles to also be wider. This has been an ongoing issue.

4) A proposal to subset two zoning districts, the planned shopping center district and the regional shopping center district.

5) A proposal is being worked on to preserve East McDowell from 7th Avenue to 7th Street. The buildings are very close to the streets and the proposal would be to put overlays to have the setback not as deep, but you can build to the property line.

These issues were brought to the Planning Commission, asking them permission to distribute the draft to the public for their review for the next two to three months. Also, this was distributed to the Village Planning Committee's for their review and recommendations. The subcommittees of the Planning Commission and the Design Review Standards Committee will continue their review through the summer months.

The subcommittees recommended unanimously going ahead and proceeding and will make recommendations to City Council on Wednesday, June 26th. It has been suggested and recommended to take this to the October/November Planning Commission Hearings and January 2003 City Council Meeting.

DISCUSSION/INFORMATION/POSSIBLE ACTION ON THE RIGHT-OF-WAY MANAGEMENT PROGRAM PRESENTED BY THE STREET TRANSPORTATION DEPARTMENT:
Mr. Mike Frisbie, Traffic Engineer, Street Transportation Department, stated that about a year ago a new process for a program called the Right-of-Way Management Program was started. He presented a power point presentation to the Board and explained that the goal of the Right-of-Way Management Program is to gain high levels of compliance for temporary traffic control throughout Phoenix. With construction being so busy, maintenance, and special event activities in recent years, traffic barricade manual violations have become more widespread. Some of these violations include unauthorized sidewalk closures, rush hour traffic restrictions, and street closures. The program includes training and blanket permitting for companies wanting to set temporary traffic control, daily fees for restrictions and closures, and a penalty schedule for violations. This program is designed to be successful without delaying projects.

Mr. Hemingway stated that he would like to hear an update brought to the Development Advisory Board when this process is completed.

DISCSSION/INFORMATION/POSSIBLE ACTION ON THE DEVELOPMENT SERVICES DEPARTMENT ORGANIZATION REFINEMENT:
Mr. Jon Wendt, Assistant Director, Development Services Department, distributed a new organizational chart for the Development Services Department and stated that the past 18 months the department has had many people leave or retire from the department. In light of the transitions, Management has reorganized the department.

Development Services has been divided into Residential Services and Commercial Services. Residential Services will be headed by Jon Wendt, Assistant Director, and directly under Mr. Wendt, will be Mr. Bob Goodhue, Deputy Director, who will report directly to Mr. Wendt. Mr. Goodhue will be the City Manager's Representative, along with focusing on the Residential Services side of the department organization.

On the Commercial Services side, the Assistant Director is currently vacant and is in the process of being filled. Under this Assistant Director, Mr. Rick Doell, Deputy Director, is the Building Official and is responsible for the Technical Review Team, as well as the staff liaison to the Development Advisory Board. The Commercial Plan Review teams will be under Mr. Doell, along with the Commercial Inspection Supervisors, the Civil Citation Program, and the Annual Facilities Program.

DISCUSSION/INFORMATIONPOSSIBLE ACTION OF A SUMMER HIATUS FOR THE DEVELOPMENT ADVISORY BOARD:

MOTION was made by Ben Barcon, seconded by Paticia Childs, for the Development Advisory Board to take a summer break for the month of August 2002. Motion carried unanimously.

CALL TO PUBLIC (NO BOARD DISCUSSION):
None

ADJOURNMENT:

MOTION was made by Greg Russell, seconded by Larry Litchfield, to adjourn the June, 2002 DAB Meeting. Motion carried unanimously.

Session adjourned at 5:05 p.m.

Respectfully submitted:

 
Rick Doell, P.E.
Deputy Director, Building Official

Minutes Prepared by:
Carole Borrego, Secretary III

c:

Board Member Mayor Skip Rimsza City Council Members Mr. Fairbanks Mr. Washington City Clerk Mr. Lyons

Mr. Wendt Mr. Doell Mr. Dolasinski Mr. Goodhue Ms. McKinley Ms. Beckley Mr. Bunyard Mr. Fleming Mr. Horne Mr. Kienow Mr. Mundy

Mr Parks Ms. Reed Mr. Singbush Ms. Stotler Mr. Thurman Ms. Owens