2020-07-15 Planning Commission PacketCommissioners City Staff
Lawson Bronson, Chair Tom Medhurst, Vice-Chair Robert “Doc” Hansen, Planning Manager
Wayne Carlson Hope Elder E. Tina Piety, Administrative Assistant
Dawn Meader McCausland Tim O’Neil 253-835-2601
Diana Noble-Gulliford Dale Couture, Alternate www.cityoffederalway.com
Eric Olsen, Alternate
K:\PLN Planning Commission\2020\Agenda\Agenda 07-15-20 Updated.doc
City of Federal Way
PLANNING COMMISSION
July 15, 2020, 6:30 p.m. City Hall, Zoom Meeting
AGENDA
Notice: Pursuant to Governor Inslee’s Proclamation 20-28, all in-person meetings are prohibited until further
notice. The Mayor and City Council are providing opportunities for public comment by submitting written comment
or calling into the meeting to provide oral testimony. To access these options please use the following:
Click here for a form to sign-up to give citizen comment during the meeting (via telephone,
number below) / you will be given access during the public testimony portion (we request you
sign up at least 2 hours before the meeting starts).
Click Here to submit written comments to the Planning Commission (we request you submit
them at least 2 hours before the meeting starts); please reference “Planning Commission
Public Hearing – July 15th
Please click the link below to join the webinar:
https://cityoffederalway.zoom.us/j/91558684637?pwd=TEJnRFlOSTZZc0NlTVJGdXlRUDJXdz09
Listen to the live meeting and submit verbal testimony: (888) 788-0099 or 253-215-8782
Meeting ID: 915 5868 4637
Watch from the Zoom mobile app with meeting ID: 915 5868 4637 and password: 371382
1. CALL TO ORDER
2. ROLL CALL
3. APPROVAL OF MINUTES
a. Planning Commission Meeting of July 1, 2020
4. PUBLIC COMMENT
5. COMMISSION BUSINESS
a. Public Hearing – 2020 Proposed Comprehensive Plan Amendment and
Rezone, Shelter Resources Property from RS-7.2 to High Density, Multiple
Family Classification, and RM 1800
b. Public Hearing – Eliminate the 376th Street/19th Avenue Connection “Minor
Collector” Classification in Chapter 3, Map 3 of the Comprehensive Plan
6. STAFF BUSINESS
a. Manager’s Report
7. NEXT MEETING
a. August 5, 2020, 6:30 p.m.
8. ADJOURNMENT
Planning Commission Meeting Minutes
July 1, 2020
Planning Commission Minutes Page 1 July 1, 2020
CITY OF FEDERAL WAY
PLANNING COMMISSION
July 1, 2020 City Hall
6:30 p.m. Zoom
MEETING MINUTES
Commissioners present: Lawson Bronson, Tom Medhurst, Wayne Carlson, Dawn Meader McCausland,
Diana Noble-Gulliford, Dale Couture, and Eric Olsen. Commissioners absent: Hope Elder and Tim
O’Neil. City Staff present: Planning Manager Robert “Doc” Hansen, Public Works Director EJ Walsh,
Assistant City Attorney Eric Rhoades, and Administrative Assistant II Tina Piety.
CALL TO ORDER
Chair Bronson called the meeting to order at 6:30 P.M.
MINUTES
The June 17, 2020, minutes were approved as presented.
PUBLIC COMMENT
None
COMMISSION BUSINESS
a. Public Hearing: Amendment to Add New Section FWRC 19.135.252, “Vacation of Right-of-Way” –
Director Walsh delivered the staff report. The proposed amendments will modify and add new sections
to the Federal Way Revised Code (FWRC) related to vacation of rights-of-way. The RCW and city
code require that the vacation be to the public benefit and require the Council to affirm that the vacation
is in the public’s best interest, also known as a Public Trust Analysis. The proposed amendments will
require an analysis and documentation by the applicant. The applicant will be required to demonstrate
that the vacation will not create a negative impact on the community. The applicant will be required to
submit a traffic analysis to demonstrate compliance with city and state requirements. The applicant will
have to show how the proposal complies with the city’s comprehensive plan. The Public Works
Department will prepare and make available administrative policies, an application, and checklist.
There was no public testimony.
Commissioner Noble-Gulliford noted that there is no expiration date for the process, why is that?
Director Walsh replied that there is no expiration date in state law and the city is following the state’s
process. Commissioner Noble-Gulliford commented that this seems strange to her. She thinks the
applicant and city/state would want a closure date. She is also concerned that it will leave the city
exposed to legal issues. Director Walsh responded that is also a concern of the city and is addressed in
the policies (policies are not part of the proposed amendments, but a draft copy is provided for
information). Commissioner Meader McCausland found the public benefit information in the policies
to be confusing and encouraged staff to clarify it.
Planning Commission Minutes Page 2 July 1, 2020
Commissioner Carlson moved (Commissioner Medhurst seconded) to recommend approval of the
proposed amendments as presented. There was no further discussion. The vote was held and the
motion passed unanimously.
b. Discussion: Amendment to Eliminate the 376th Street/19th Avenue Connection “Minor Collector”
Classification in Chapter 3, Map 3 of the Comprehensive Plan – Manager Hansen delivered the staff
report. The purpose of this agenda item is to provide information prior to the public hearing, which is
scheduled for July 15, 2020. This proposal was initiated by the City Council to have the Planning
Commission review and make a recommendation to amend the Federal Way Comprehensive Plan
(FWCP), Chapter 3, Map III-3 to remove the designation of “Minor Collector” of 376th Street
adjacent to Milton and through the Redondo Subdivision on 19th Avenue.
Chair Bronson opened the meeting for public testimony.
Assistant Piety read a letter from Mark Spaur. The letter is attached.
Mark Spaur, 37611 17th Place South – His comments deal with processes. It was stated that
the meeting would be live-streamed on YouTube, but that is not happening. Also, the email
in response to his request to speak at the meeting stated he would be sent instructions of
how to join the meeting and that wasn’t done.
Roger vonDoenhoff, 1414 South 376th Street – His comments concern punching the road
through and not the classification. He lives on the property that the road would go
through. He stated the right-of-way easement was vacated by a judge. He has spoken to
and seen the site plans of developers who have expressed interest in developing his
property. None show the road bisecting his property. Rather, if shown, it is shown to the
side of his property. He believes this indicates that developers don’t need a road through
the middle of his property. Punching the road through as shown by the city would make
his property unlivable and hurt the surrounding community.
Zoom Chat
18:28:37 From Mark Spaur to All panelists: I can hear someone breathing, but that's it
for the audio. The screen in blank - showing black
18:31:10 From Mark Spaur to All panelists: Also, you are not streaming on Youtube
18:34:32 From Mark Spaur to All panelists: I have not received instructions on how to
call into the meeting for the public comment period.
19:19:11 From Mark Spaur to All panelists: I am muted
19:48:35 From Mark Spaur to All panelists: The right of way was removed. That
testimony was previously presented to the Planning Commission and the City
Council.
20:01:22 From Bob Coleman: Bob Coleman here, I’d like to speak pls.
20:01:42 From Bob Coleman: Don’t vote yet.
20:02:28 From Bob Coleman: The city employees aren’t being fully honest Ms.
McCausland and Ms. Guilliford
20:04:20 From Bob Coleman:
https://www.facebook.com/protectregencyandbrittany/?modal=admin_todo_tour
20:04:41 From Bob Coleman: I’d like to speak pleas.
20:07:16 From Bob Coleman: You are not paying attention!
20:08:30 From Bob Coleman: That is not ok! You are on Zoom
20:08:41 From Bob Coleman: Don’t hold me to that rule
20:08:52 From Bob Coleman: NO
Planning Commission Minutes Page 3 July 1, 2020
20:09:10 From Tina Piety: M. Colman, there will be no vote on this issue tonight.
Please send me your email and I'll send you information so you can speak, or
send written comments for the next meeting.
20:09:26 From Mark Spaur to All panelists: Bob - please contact Mark Spaur
20:09:30 From Bob Coleman: Still not ok, you are making up new rules
Commissioner Noble-Gulliford requested staff provide a map that includes the neighboring area that
shows a traffic analysis of what it would look like when the property is built to its highest and best
use. Manager Hansen respond that staff needs a specific proposal to provide such a map. Staff will
provide what they can.
Commissioner Carlson asked if a reclassification would change the geometrics of the road. Manager
Hansen replied that to his knowledge it will not. The geometrics is determined by the development,
not the classification. Commissioner Medhurst asked if different designations allow the restriction of
certain uses. Director Walsh responded that with approval from Public Works and Police, restrictions
may be placed on any road designation with the exception of arterials. Commissioner Meader
McCausland asked if staff considered any other alignments. Manager Hansen replied staff researched
other alignments, but due to the nearness of the Hylebos, no other alignment was practicable. Further
discussion was held regarding the purpose of including road alignments in the comprehensive plan,
current and possible future issues regarding truck traffic and parking in the area, and easement issues.
c. Discussion, 2020 Proposed Comprehensive Plan Amendment and Rezone, Shelter Resources
Property from RS-7.2 to High Density, Multiple Family Classification, and RM 1800 – Manager
Hansen delivered the staff report. Shelter Resources does not have a specific proposal. They are
seeking the rezone in order to apply for a possible Transit Oriented Design project as the parcels are
within one half mile of the planned 272nd Sound Transit Light Rail Station, which will be constructed
in 2024 at the existing Star Lake Park and Ride, located adjacent to the intersection of I-5 and South
272nd Street. These parcels do not front on a public street. However, the applicant has acquired the
Silver Shadow Apartments which is adjacent to the west, in order to provide the necessary access to
parcels #720480-0172 and #720480-0174. No further discussion was held.
STAFF BUSINESS
a. Director’s Report – None
NEXT MEETING
July 15, 2020, 6:30 p.m., Zoom Meeting
ADJOURN
The meeting adjourned at 8:00 P.M.
K:\Planning Commission\2016\Meeting Summary 07-01-20.doc
To: Federal Way Planning Commission
From: Mark Spaur
Re: Comprehensive Plan Amendment, Eliminate the ‘Minor Collector’ Classification in Chapter 3, Map of the
Comprehensive Plan.
The Staff Report and the Mayor’s recommendation for keeping the 376th Street/19th Avenue link between Milton
Road and Enchanted Parkway (SR 161) remain classified as a ‘minor collector’ is based on three transportation
policies in the 2015 Comprehensive Plan:
TP4.2 Enhance traffic circulation and access with closer spacing of through streets, where feasible, and
limiting the area to be served by a single access point commensurate with planned density
Traffic circulation would not be substantially enhanced if this minor collector were to be built. The extension passes
in front of a “tot lot” with a speed limit of 20 miles per hour, and would pass within 20 feet of an existing home that
would, at a minimum require a reduction of speed in the area. The combination of the reduction in speed and the
limits of the two lane 375th bridge over I-5 renders the benefit of this extension marginal compared with the
environmental impact of eliminating a wetland to build the road or the change in character of the Regency Woods
and Brittany Lane communities.
TP4.3 Determine street classifications by balancing travel needs with changing right of-way uses and
neighborhood character.
Building out the extension would drastically change the character of the Regency Woods and Brittany Lane
communities by increasing traffic through the neighbor and promoting truck traffic through a residential area. The
Lloyds Gravel pit has been rezoned to allow for hundreds of thousands of square feet of warehousing space. Trucks
from those warehouses would use the proposed “minor collector” to drive through a residential area to access The
Enchanted Parkway, Highway 18, and Northbound I-5.
The Planning Commission and the City Council previously heard from many of the residents about the changes in
the neighborhood character that would result from extending 19th Way. The testimony was not merely a request
from the local community. The level of participation was an indicator of the magnitude of the change of the
character to our community if the road extension is built.
TP4.8 Monitor growth in population and employment in relation to the land use and growth assumptions of
the Transportation Element. Reassess the Land Use and Transportation Elements as needed to ensure that
planned improvements will address the potential impacts of growth.
Staff report states “The proposed amendment bears no substantial relationship to public health, safety, or welfare.” I
disagree. Eliminating the road extension will provide a safe street in front of a city approved “tot lot” park. It
would preserve the welfare of those who live in Brittany Lane or Regency Woods by eliminating a truck route
through the neighborhood. It would preserve the welfare of the local community and the environment by preserving
a classified wetland.
Staff Report neglects some other aspects of RCW 36.70A. More than transportation aspects must be considered
planning with the Growth Management Act. Section 36.70A.20 (11) states that one of the planning goals is to
“Protect the environment and enhance the state's high quality of life, including air and water quality, and the
availability of water.” The extension is shown to go through a category wetland that is a tributary to the Hylebos
system.
The Growth Management Act also states, in Section 36.70A.20 (7), that “Private property shall not be taken for
public use without just compensation having been made. The property rights of landowners shall be protected from
arbitrary and discriminatory actions.” The extension of the road is shown to go through private property and to be
built within 20 feet of an existing home. The City no longer owns the easement necessary to build this extension.
That easement expired and has been removed from the deed to the land. The City would need to condemn land to
build the extension, as shown.
By eliminating this “minor collector” from the Comprehensive Plan, transportation focus on this area would shift
from sending traffic on 19th way to improving the Milton Road for vehicle access by the proposed 140 new homes as
well as the addition of the truck traffic from the proposed development of the Lloyds gravel pit. The redevelopment
of the 54 acres recently approved should include improvements to the Milton Road to support the additional traffic
resulting from the development to connect to the Enchanted Parkway.
Staff report infers that building out the road extension is a foregone conclusion once sufficient density in Federal
Way is reached. That assumption neglects potential improvements in other areas of road circulation and the addition
of the proposed Southern Federal Way transit station that may alleviate some of the traffic congestion in this area.
In summary, when the comprehensive plan amendment and rezone for 26 parcels (56.06 acres) in the Milton Road
area east of I-5 was approved it was acknowledged by the City Council that the extension of 19th Way would hurt
the character of the communities of Regency Woods and Brittany Lane. These communities were not asking for a
mere reclassification of a proposed road to eliminate the designation of “minor collector” – they were looking for
the elimination of the extension of 19th Way. Period. The City never had a genuine intention to build out 19th Way
to the Milton Road. If it did, it would have never located a park along this road as part of the approval of Brittany
Lane or reduced the speed limit on the road. It is time for the Planning Commission to recommend to City Council
adoption of the proposed comprehensive plan amendment.
Planning Commission Public Hearing
File 16-105018-UP: 2020 Proposed Comprehensive Plan
Amendment and Rezone, Shelter Resources Property from RS-7.2
to High Density, Multiple Family Classification, and RM 1800
Planning Commission Staff Report July 15, 2020
Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 1 of 7
PLANNING COMMISSION
STAFF REPORT
July 15, 2020
TO: Lawson Bronson, Federal Way Planning Commission Chair
FROM: Brian Davis, Community Development Director
Robert “Doc” Hansen, Planning Manager
SUBJECT: File 16-105018-UP: 2020 Proposed Comprehensive Plan Amendment and Rezone,
Shelter Resources Property from RS-7.2 to High Density, Multiple Family
Classification, and RM 1800.
I. INTRODUCTION
Pursuant to RCW 36.70A(2)(a), the City of Federal Way may update its comprehensive plan
annually. Per Federal Way Revised Code (FWRC) 19.80.050, the city has elected to review
citizen-initiated requests on an annual basis. As part of the annual review, the city may also make
changes to chapters and maps of the comprehensive plan. The governing body shall consider all
proposals concurrently so that the cumulative effect of the various proposals can be ascertained.
Shelter Resources, Inc. re-submitted a request for a comprehensive plan amendment and rezone
on September 19, 2019, to change the designations of parcels #720480-0172 and #720480-0174
from Single-Family High Density Residential and Single-Family (RS 7.2, one unit per 7,200
square feet) to Multifamily Residential and Multifamily (RM 1800, one unit per 1,800 square
feet). Shelter Resources, Inc. is requesting the comprehensive plan designation and rezone in
order to allow transit-oriented multifamily housing as the parcels are within one half mile of the
planned 272nd Sound Transit Light Rail Station, which will be constructed in 2024 at the existing
Star Lake Park and Ride, located adjacent to the intersection of I-5 and South 272nd Street.
These parcels do not front on a public street. However, the applicant has acquired the Silver
Shadow Apartments which is adjacent to the west, in order to provide the necessary access to
parcels #720480-0172 and #720480-0174.
II. REASON FOR PLANNING COMMISSION ACTION
FWRC Chapter 19.80, “Council Rezones,” establishes a process and criteria for comprehensive
plan amendments. Consistent with Process VI review, the role of the Planning Commission is as
follows:
1. To review and evaluate the requests for comprehensive plan amendments;
Planning Commission Staff Report July 15, 2020
Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 2 of 7
2. To determine whether the proposed comprehensive plan amendments meet the
criteria provided by FWRC 19.80.140, 19.80.150, and 19.75.130(3); and
3. To forward a recommendation to the City Council regarding adoption of the
proposed comprehensive plan amendments.
III. PROCEDURAL SUMMARY
Steps Date
Issuance of Determination of Nonsignificance (DNS)
pursuant to the State Environmental Policy Act (SEPA)
March 13, 2020
End of SEPA Comment Period March 27, 2020
End of SEPA Appeal Period April 17, 2020
Public Hearing before the Planning Commission July 15, 2020
LUTC Meeting August 3, 2020
City Council 1st Reading September 1, 2020
City Council 2nd Reading September 15, 2020
IV. BACKGROUND AND PROJECT DESCRIPTION
The land requested for rezone is 3.5 acres in size and is now vacant. The parcel has no direct
access to any city street, and its land-locked situation is most likely the reason that the land has
not been developed.
In 2017, Shelter Resources, Inc. wanted the land being considered for rezone to be used for a
potential multiple-family, transit-oriented development and made application for rezone. The
property does not front on a public street, and there was no documented access point to Pacific
Highway South when the application was made. Access had to be secured before the site would
be suitable for the requested RM 1800 zoning. The land owners indicated that they would
eventually obtain public access by the time of the public hearing, and the city submitted the
proposal to the state’s Department of Commerce for review of the proposal and its adherence to
RCW 36.70A, the Growth Management Act. No issues were raised by the Department of
Commerce and it is considered to have been reviewed by the state.
Since the first application was made, the applicants for the proposal have secured public access to
the property through an existing multiple-family development. Such access was not available
when the application was first made in 2018, which prevented the city from processing the request.
Land Use
An existing multiple family residential development is located adjacent and west of the proposed
rezone/comprehensive plan site, similar to the request made by the applicants. A Metro Transit
Park and Ride area is located north of the site and is zoned Business Commercial (BC). Land at
the northeast point of the site is zoned RM 1800 and is developed with multifamily housing. Land
directly east of the proposed change is zoned RS 7.2 and is vacant. Approximately 200 feet
Planning Commission Staff Report July 15, 2020
Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 3 of 7
southeast from the southeastern corner of the proposed rezone site is a single-family subdivision,
which has been developed and is zoned RS 7.2. Land directly south and adjacent of the site is
vacant and zoned 7.2. The single-family development located southeast of the proposal is
buffered from this site by wetlands and a Native Growth Protection Easement (NGPE), where
development is prohibited.
Multi-family housing is not allowed in the existing RS 7.2 zone. However, it is allowed in the
requested RM 1800 zone. The applicant is requesting a comprehensive plan designation and rezone
in order to allow transit-oriented multi-family housing as the parcel is within one half mile of the
planned 272nd Sound Transit Light Rail Station. The station is planned to be operating by 2024 at the
existing Star Lake Park and Ride located adjacent to the intersection of I-5 and South 272nd Street.
V. COMPLIANCE WITH THE COMPREHENSIVE PLAN
The property proposed to be rezoned is now within a Single-Family High-Density Residential
plan classification. Applicants request to be within a multifamily classification allowing the
proposed multi-family development. According to FWRC 19.80.140, the city may consider,
but is not limited to, the following factors when considering a proposed amendment to the
comprehensive plan.
(1) The effect upon the physical environment.
There are no environmental restrictions to development here. There is a steep slope to the east
of the site. Rigorous, existing stormwater and development standards will reduce the impact
of development. An additional 120 units is expected to increase traffic by approximately
8500 vehicle trips per day, assuming 7 trips per unit.
(2) The effect on open space, streams, and lakes.
Please refer to the above.
(3) The compatibility with and impact on adjacent land uses and surrounding neighborhoods.
Multiple family development will be compatible with the neighborhood area. Existing multi-
family development exists to the west and northeast of the project. The commercial land use
along Pacific Highway South has a high-density potential that is conducive to such
development. The zone classification will be compatible with surrounding environment. The
open space area to the east contains a wetland that may remain undeveloped; thereby,
providing a buffer between the existing single-family housing in the RS 7.2 zone, and the
proposed multiple family development.
(4) The adequacy of and impact on community facilities including utilities, roads, public
transportation, parks, recreation, and schools.
Existing sewer and water capital facilities exist adjacent to the development adequate to
service any potential development. Access has been provided to the site which will provide
an appropriate entrance to a proposed development. Any project is subject to transportation
and school impact fees designed to address impact upon these facilities.
Planning Commission Staff Report July 15, 2020
Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 4 of 7
(5) The benefit to the neighborhood, city, and region.
The proposed zone and amendment provide opportunity for development of additional
housing needed within the city as encouraged by the comprehensive plan. Existing land uses
surrounding the proposal are compatible with development that may result from the action of
the amendment. Any development would be Transit Oriented Development (TOD) by
locating next to the transit station located to the north of the site. Single-family development
to the east of the site will be buffered by native vegetation expected to remain. Any
development within the space will meet objectives and policies for provision of adequate
housing, for compatible development, and appropriate land use.
(6) The quantity and location of land planned for the proposed land use type and density and the
demand for such land.
The site is near mass transportation and has adequate physical public facilities (road, water,
and sewer) to accommodate high density development.
(7) The current and projected population density in the area.
This proposed amendment will allow additional provision/production of needed high-density
housing for existing and future populations. The site exists near and adjacent to high-density
development, making it compatible with the surrounding environment.
(8) The effect upon other aspects of the comprehensive plan.
Approval of this proposal fulfills and meets relevant land use, capital facilities, housing,
environmental, and transportation policies within the adopted comprehensive plan (see item 3
below per FWRC 19.80.150).
Per FWRC 19.80.150, the city may amend the comprehensive plan only if it finds that the
proposal meets the criteria for amending the comprehensive plan, including:
(1) The proposed amendment bears a substantial relationship to public health, safety, or welfare;
The proposed amendment and rezone enable the development of needed housing within the
City of Federal Way.
(2) The proposed amendment is in the best interest of the residents of the city.
Please see the responses under Sections V(1)(2) and (5).
(3) The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and
with the portion of the city’s adopted plan not affected by the amendments.
The proposed category and zone reclassification are consistent with policies listed in Chapter 5
of the 2015 Federal Way Comprehensive Plan. Specifically, the following policies are relevant
to the proposal being made:
LUP 21 Support multi-family development with transportation and capital facilities
improvements.
Planning Commission Staff Report July 15, 2020
Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 5 of 7
The proposal is located adjacent to a transit stop, making it a transit-oriented development,
and providing potential residents access to public transportation.
HP13 Continue to use design guidelines to ensure that new and infill developments have
aesthetic appeal and minimize impacts on surrounding development.
The proposal will be designed to provide the needed housing while maintaining the
compatibility of the neighborhood. It will provide a housing buffer between an existing
single-family neighborhood to the southeast and the multiple family development to the
west and northeast. Any development in the rezoned area will meet design standards
required in FWRC 19.115 to insure compatibility.
HG5 Develop a range of affordable housing opportunities for low-income households
consistent with the CWPPs and the needs of the community.
Two CWPP are significant to this development including:
H-9 plan for housing that is accessible to major employment centers and affordable to the
workforce in them so people of all incomes can live near or within reasonable commuting
distance of their places of work. Encourage housing production at a level that improves the
balance of housing to employment throughout the county.
T-12 address the needs of non-driving populations in the development and management of
local and regional transportation systems.
The proposed project is located near a public transit station allowing low income residents to
access to public transportation throughout the region and therefore, access to employment
and shopping.
HP21 Promote fair housing access to all persons without discrimination.
The proposed project is intended to provide housing on the basis of income and not upon
any social status, thereby avoiding any discrimination issues.
HP22 As required by the CWPPs, maintain sufficient land supply and adequate zoning
within the City to accommodate those types of housing consistent with the City’s affordable
housing targets.
Land for the development of all housing is scarce and this property has not been developed
largely due to the non-access of the property to any street. Since the project proponents
obtained access to the property, the development will aid in the development of affordable
and in reaching low income housing objectives.
VI. COMPLIANCE WITH FWRC 19.75.130(3)
Site-specific requests are also required to be evaluated for compliance with this section.
1) The city may approve the application only if it finds that:
Planning Commission Staff Report July 15, 2020
Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 6 of 7
a. The proposed request is in the best interests of the residents of the city.
Provision of affordable housing is a main objective within the city’s comprehensive plan,
and the proponents initiating the reclassification and rezone have a primary purpose of
providing affordable housing for all ages. The proponents will eventually apply for a
project providing needed affordable housing.
b. The proposed request is appropriate because either:
(i) Conditions in the immediate vicinity of the subject property have so significantly
changed since the property was given its present zoning that, under those changed
conditions, a change in designation is within the public interest; or
Demand for affordable housing and all housing has increased dramatically since the
adoption of the plan. Average housing cost in 2015 was $289,100, increasing to
$362,100 in 2018, a 12% percent increase and demonstrating a need for rental,
multifamily dwellings. The proposed reclassification will permit of expanded
affordable housing.
(ii) The rezone will correct a zone classification or zone boundary that was inappropriate
when established.
In relation to item (ii) above, the proposal is not intended to “correct” any inappropriate
zone classification.
c. It is consistent with the comprehensive plan.
The proposal is designated for High-Density Residential in the comprehensive plan. The
proposal will reclassify the site to “Multiple Family,” which is in the nature of “high-
density” multifamily development (see the expanded response in V.19.80.150[3] above.).
d. It is consistent with all applicable provisions of the title, including those adopted by
reference from the comprehensive plan.
If this request is granted, any future development will be required to comply with all city
regulations, including those adopted by reference from the comprehensive plan.
e. It is consistent with the public health, safety, and welfare.
The proposed amendment provides opportunity for development of affordable housing,
similar to the project proponents have discussed. Provision of any affordable housing is
consistent with meeting public welfare. All development will meet current codes and
regulations to protect public safety.
Planning Commission Staff Report July 15, 2020
Proposed 2020 Comprehensive Plan Amendment/Rezone Shelter Resources Page 7 of 7
VII. CITIZEN COMMENT
No citizen comment has been received on this proposal at the time of writing the report.
Comment was received in a March 11, 2020, letter encouraging the testing of soils for arsenic and
lead prior to any development. These items are reviewed at the time of SEPA review when a
project is submitted.
VIII. MAYOR’S RECOMMENDATION
Upon review of the application and information that has been presented, the Mayor makes
recommendation to approve the proposed amendment.
IX. PLANNING COMMISSION ACTION
1 Recommend to City Council adoption of the proposed comprehensive plan
amendment;
2. Recommend to City Council that the proposed comprehensive plan amendment not
be adopted;
3. Forward the proposed comprehensive plan amendment to City Council without a
recommendation; or
4. Modify the proposed comprehensive plan amendment and recommend to City
Council adoption of the amendment as modified.
K:\Comprehensive Plan\2017 Comprehensive Plan\Planning Commission\.doc
Planning Commission Public Hearing
Comprehensive Plan Amendment, Eliminate the 376th Street/19th
Avenue Connection “Minor Collector” Classification in Chapter 3,
Map 3 of the Comprehensive Plan
Planning Commission Staff Report July 15, 2020
Requested Comprehensive Plan Amendment Elimination of Minor Collector Classification Page 1 of 8
PLANNING COMMISSION
STAFF REPORT
July 15, 2020
TO: Lawson Bronson, Federal Way Planning Commission Chair
FROM: Brian Davis, Community Development Director
Robert “Doc” Hansen, Planning Manager
SUBJECT: Comprehensive Plan Amendment, Eliminate the 376th Street/19th Avenue
Connection “Minor Collector” Classification in Chapter 3, Map 3 of the
Comprehensive Plan
I. INTRODUCTION
Pursuant to RCW 36.70A(2)(a), the City of Federal Way may update its comprehensive plan
annually. Per Federal Way Revised Code (FWRC) 19.80.050, the city has elected to review
citizen-initiated requests on an annual basis. As part of the annual review, the city may also make
changes to chapters and maps of the comprehensive plan. The governing body shall consider all
proposals concurrently so that the cumulative effect of the various proposals can be ascertained.
This proposal was initiated by the City Council to have the Planning Commission review and
make a recommendation to amend the Comprehensive Plan, Chapter 3, Map III-3 to remove the
designation of “Minor Collector” of 376th Street adjacent to Milton and through the Redondo
Subdivision on 19th Avenue. The comprehensive plan amendment will not affect the land use in
the particular area.
II. REASON FOR PLANNING COMMISSION ACTION
FWRC Chapter 19.80, “Council Rezones,” establishes a process and criteria for comprehensive
plan amendments. Consistent with Process VI review, the role of the Planning Commission is as
follows:
1. To review and evaluate the requests for comprehensive plan amendments;
2. To determine whether the proposed comprehensive plan amendments meet the
criteria provided by FWRC.80.140, 19.80.150, and 19.75.130(3); and
3. To forward a recommendation to the City Council regarding adoption of the
proposed comprehensive plan amendments.
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2020 Comprehensive Plan Amendment Declassification South 376th/19th Street Page 2 of 8
III. PROCEDURAL SUMMARY
Steps Date
Issuance of Determination of Nonsignificance (DNS) pursuant
to the State Environmental Policy Act (SEPA) (Exhibit A)
February 28, 2020
End of SEPA Comment Period March 13, 2020
End of SEPA Appeal Period April 3, 2020
Public Hearing before the Planning Commission July 15, 2020
LUTC Meeting August 3, 2020
City Council 1st Reading September 1, 2020
City Council 2nd Reading September 15 2020
IV. BACKGROUND
A comprehensive plan amendment and rezone for 26 parcels (56.06 acres) in the Milton Road
area east of I-5 (Exhibit A) from Single Family Medium Density Residential RS 35.0 (one unit
per 35,000 square feet) to Single Family High Density Residential RS 7.2 (one unit per 7,200
square feet), was approved on April 2, 2019. Along with the approval of the plan amendment and
rezone, the City Council requested the staff to evaluate and provide a draft proposal to remove the
“Minor Collector” classification of the 376th Street/19th Avenue connection between I-5 and
Enchanted Parkway.
Potential Traffic Impacts
This is a non-project action associated with amending a street classification recognized in the
comprehensive plan as a “Minor Collector.” This non-project action by itself does not affect traffic.
Any proposals that may result from the rezone action by the Council in 2019 will be subject to future
review for compliance with all codes. Specifically, any future development, regardless of zoning or
the road classification within the comprehensive plan, would be required to construct street
improvements consistent with city roadway standards.
New streets or street connections are required to be constructed if the adjacent property develops.
V. COMPLIANCE WITH FWRC 19.80.140 AND 19.80.150
1. FWRC 19.80.140, Factors to be Considered in a Comprehensive Plan Amendment – The city
may consider, but is not limited to, the following factors when considering a proposed
amendment to the comprehensive plan.
(1) The effect upon the physical environment.
There should be no adverse impact on the physical environment related to this action.
While any development proposed upon the land to the north of 376th may have
environmental impact, such impacts will have to be evaluated at time of a specific
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2020 Comprehensive Plan Amendment Declassification South 376th/19th Street Page 3 of 8
development proposal. Any development would be required to meet road standards that
exist at time of development. The suggested road re-classification would make the road
lower in priority of any road improvements proposed by the City of Federal Way.
(2) The effect on open space, streams, and lakes.
Please refer to the responses under Section V.1 (1) above.
(3) The compatibility with and impact on adjacent land uses and surrounding neighborhoods.
There will be no impact to surrounding land uses with the proposed road reclassification.
Road improvements required by development activity will have to be met before any
development occurs regardless of its classification within the comprehensive plan or the
Capital Facilities Plan.
(4) The adequacy of and impact on community facilities including utilities, roads, public
transportation, parks, recreation, and schools.
There will be no impact to capital facilities with the proposed road reclassification. Road
improvements required by development activity will have to be met before any
development occurs regardless of its classification within the comprehensive plan or the
Capital Facilities Plan.
(5) The benefit to the neighborhood, city, and region.
Road improvements required by development activity would have to be met before any
development occurs regardless of its classification within the comprehensive plan or the
Capital Facilities Plan. The road re-classification will make the street a lower priority of
any street improvements proposed by the City of Federal Way. Without development,
traffic to adjacent neighborhoods will not increase.
(6) The quantity and location of land planned for the proposed land use type and density and
the demand for such land.
This proposed amendment would have no impact upon land use demand type. It is
estimated that approximately 140 single-family housing units could be developed north
of 372nd, now classified as a minor collector. Road improvements required by
development activity will have to be met before any development occurs regardless of its
classification within the comprehensive plan or the Capital Facilities Plan.
(7) The current and projected population density in the area.
This proposed amendment will have no impact upon any population increases or housing
density. Regardless of its classification within the comprehensive plan or the Capital
Facilities Plan, any development activity will have to meet all road building standards at
the time of development.
(8) The effect upon other aspects of the comprehensive plan.
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2020 Comprehensive Plan Amendment Declassification South 376th/19th Street Page 4 of 8
Approval of this proposed road re-classification will not affect other aspects of the
comprehensive plan. Regardless of its classification within the comprehensive plan or the
Capital Facilities Plan, all other policies and regulations for development will have to be
met before any development occurs.
2. FWRC 19.80.150, Criteria for Amending the Comprehensive Plan – The city may amend the
comprehensive plan only if it finds that:
(1) The proposed amendment bears a substantial relationship to public health, safety, or welfare;
Road re-classification will have no substantial impact upon public health, safety or welfare.
(2) The proposed amendment is in the best interest of the residents of the city.
Please see the responses under Sections V (1)(5) and V (2)(1).
(3) The proposed amendment is consistent with the requirements of Chapter 36.70A RCW
and with the portion of the city’s adopted plan not affected by the amendments.
The road re-classification is not consistent with some of the policies listed in Chapter 3 of
the 2015 Federal Way Comprehensive Plan. Specifically, the following policies may not
be met with the reclassification.
TP4.2 Enhance traffic circulation and access with closer spacing of through streets, where
feasible, and limiting the area to be served by a single access point commensurate with
planned density.
Elimination of the connection between Enchanted Parkway and the I-5 crossing would
discontinue potential circulation of a proper traffic grid system in one portion of the
south side in Federal Way.
TP4.3 Determine street classifications by balancing travel needs with changing right of-
way uses and neighborhood character.
The proposed reclassification is based upon a request of a community rather than the
“needs” that may arise as a result of continually changing conditions.
TP4.8 Monitor growth in population and employment in relation to the land use and
growth assumptions of the Transportation Element. Reassess the Land Use and
Transportation Elements as needed to ensure that planned improvements will address the
potential impacts of growth.
Again, the proposal has no relationship to land use and transportation growth
assumptions made in the current comprehensive plan, or upon need to address the
potential impacts of growth. It is requested as a result of current residents’ desires.
VI. COMPLIANCE WITH FWRC 19.75.130(3)
Site-specific requests are also required to be evaluated for compliance with this section.
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2020 Comprehensive Plan Amendment Declassification South 376th/19th Street Page 5 of 8
1) The city may approve the application only if it finds that:
a. The proposed request is in the best interests of the residents of the city.
There is not any demonstrated indication that this will or will not be in the best interests
of the residents. The identified road not being a “minor collector” will place it as a road
in a lower priority for improvement, which could be of benefit to the adjacent Redondo
community.
b. The proposed request is appropriate because either:
(i) Conditions in the immediate vicinity of the subject property have so significantly
changed since the property was given its present zoning that, under those changed
conditions, a change in designation is within the public interest; or
Conditions have changed to the extent that expected growth both around the road in
question and expected development activity east and west of the road will necessitate the
need for connection between Milton Road and Enchanted Parkway. The proposed
amendment eliminates a potential link indicated in the comprehensive plan and may
violate existing planning policy adopted in 2015 (T2: indicated in Section V. 2(3) above).
(ii) The rezone will correct a zone classification or zone boundary that was inappropriate
when established.
Item (ii) is not applicable since the proposal is not a rezone.
c. It is consistent with the comprehensive plan.
See V.2(3) above.
d. It is consistent with all applicable provisions of the title, including those adopted by
reference from the comprehensive plan.
If this request is granted, any future development will be required to comply with all city
regulations, including those adopted by reference from the comprehensive plan.
e. It is consistent with the public health, safety, and welfare.
The proposed amendment bears no substantial relationship to public health, safety, or
welfare.
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2020 Comprehensive Plan Amendment Declassification South 376th/19th Street Page 6 of 8
VII. PUBLIC COMMENTS RECEIVED
Citizens in Opposition or Asking Questions
Thirty-seven written comments to the proposed comprehensive plan amendment and rezone
approved by the City Council in 2019 were received; comments favoring and most not favoring
the comprehensive plan land use reclassification. Most of the comments and questions received
were received from those residing on the property proposed for rezone, or on property subdivided
and developed to the east of the rezoned land.
No comments have been received to this point on the declassification of the road.
IX. MAYOR’S RECOMMENDATION
The Mayor finds that the proposal would not meet policies of the comprehensive plan to provide
adequate connection between other “collector” city road and recommends that the 376th Street/
19th Avenue link between Milton Road and Enchanted Parkway (SR 161) remain classified as a
“minor collector.”
X. PLANNING COMMISSION ACTION
Consistent with the provisions of FWRC 19.80.240, the Planning Commission may take the
following actions regarding each proposed comprehensive plan amendment and rezone request:
1 Recommend to City Council adoption of the proposed comprehensive plan
amendment;
2. Recommend to City Council that the proposed comprehensive plan amendment not
be adopted;
3. Forward the proposed comprehensive plan amendment to City Council without a
recommendation; or
4. Modify the proposed comprehensive plan amendment and recommend to City
Council adoption of the amendment as modified.
LIST OF EXHIBITS
Exhibit A Area of Comprehensive Plan Amendment Approved on April 2, 2019
Exhibit B Location of the Minor Collector Proposed for Removal of Classification
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2020 Comprehensive Plan Amendment Declassification South 376th/19th Street Page 7 of 8
Exhibit A: Approved Rezone in 2019
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Exhibit B: Comprehensive Plan Street Classification