2020-07-01 Planning Commission MinutesPlanning 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.