12-07-2022 Planning Commission Agenda Packet
PLANNING COMMISSION
REGULAR MEETING AGENDA
City Hall – Council Chambers*
December 7, 2022 – 6:00 p.m.
1. CALL MEETING TO ORDER
2. ROLL CALL
3. APPROVAL OF MINUTES
Planning Commission Meeting of November 16, 2022
4. PUBLIC COMMENT
5. COMMISSION BUSINESS – PUBLIC HEARING
Proposed code amendment to FWRC 19.220.040 - Pertaining to allowed maximum height for
minor and supporting structures for School Use in the BC Zoning District
6. STAFF BUSINESS
Manager’s Report
7. NEXT MEETING
December 14, Special Meeting for Sound Transit
8. ADJOURNMENT
Planning Commission meetings are held in-person.
To request accommodation to attend or to provide public comment virtually, please contact Anna Lieck at 253 -835-2601 or
anna.lieck@cityoffederalway.com, no later than 5:00 p.m. on Tuesday, December 6, 2022.
Commissioners City Staff
Lawson Bronson, Chair Keith Niven, Planning Manager
Vickie Chynoweth, Vice Chair Anna Lieck, Admin Assistant II
Diana Noble-Gulliford www.cityoffederalway.com
Tom Medhurst 253-835-2601
Tim O’Neil
Anna Patrick
Jae So
Hope Elder, Alternate
Planning Commission Minutes November 16, 2022
PLANNING COMMISSION MINUTES
City Hall – Council Chambers
November 16, 2022 – 6:00 p.m.
1. CALL MEETING TO ORDER
Chair Bronson called the meeting to order at 6:01pm.
2. ROLL CALL
Commissioners Present:
Lawson Bronson, Diana Noble-Gulliford, Tim O’Neil, Jae So, Tom Medhurst, Anna
Patrick, Vickie Chenoweth.
Commissioners Absent:
Wayne Carlson
City Staff present: Planning Manager Keith Niven, City Attorney Kent van Alstyne,
Senior Planner Chaney Skadsen, and Admin Assistant II Anna Lieck.
3. APPROVAL OF MINUTES
Commissioner Bronson moved to approve November 2 nd, 2022 minutes as submitted.
Seconded by Commissioner Patrick. Approved.
4. PUBLIC COMMENT
None. Closed at 6:03pm
5. COMMISSION BUSINESS
Mr. Niven asks the Committee to elect a new Vice Chair and introduces the presentation of
Drafts Arts, Culture and Historic Preservation chapter of the Comprehensive Plan.
Senior Planner Chaney Skadsen present s the chapter’s development and progress. Hoping
to enhance the way the people experience Federal Way, building a sense of belonging and a
sense of community by providing a space to gather with art and culture in mind.
The future goals of this chapter are as follows:
Historic Preservation - promote public awareness and recognition of the value of the past,
historic resources and sites, as well as historical figures.
Arts & Culture – contribute to sense of place, shared experiences of art viewing and
supporting local artists.
Community Character – to ensure Federal Way remains an inclusive place and installs
community pride. Hoping to promote an identifiable city with interesting public spaces.
Commissioner O’Neil, Senior Planner Skadsen and Mr. Niven discuss integr ating
“placemaking” through exciting spaces, street-scapes, benches, lights, signage, flowers,
murals. This method will lose distinction if it is applied to the city as a whole.
Commissioner Noble-Gulliford mentioned several districts throughout Federal W ay that
would be beneficial to focus on for historical preservation around North Lake, such as Marine
Hills and Twin Lakes.
Planning Commission Minutes November 16, 2022
Ms. Skadsen, Mr. Niven, Mr. van Alstyne and Commissioner Noble -Gulliford discuss
Ordinance 94-217, Art in public places funding.
There is hereby established in the city treasury a special fund to be known and designated as the
“Art in Public Places Fund” for the purpose of providing funding for 2%-For-The-Arts projects.
Commissioner Patrick commented on the benefit of placards to guide the public on the
relevant history of the art to Federal Way, aiding to inclusivity. She suggested that family
members of historical figures be included in the process.
Commissioner O’Neil and Ms. Skadsen discuss the options for a Public Market / year-round
market could be utilized in the proposed downtown area.
Commissioner Patrick recommended that the city continue conversations with potential
artwork with Sound Transit and work as advocates for downtown Federal Way to be included
into King County’s plans for future art related discussions.
Mr. van Alstyne provided clarification that the 2% of funding listed in Ordinance 94 -217 only
applies to projects that are funded partially or fully by the city.
6. MANAGER REPORT:
Mr. Niven informs the Commission that the Request for Proposals for developers for TC3 was
approved by City Council. The RFP will be placed in publications for a collection of proposals
for December and January.
Mr. Niven asks the Commission if they would be willing to have an additional special meeting
in December for a Sound Station Subarea Plan update. Commission agrees to December 14th
meeting.
Commissioner Noble-Gulliford nominates Commissioner Vickie Chenoweth for Vice Chair.
Commissioner O’Neil seconded. Motion unanimously approved.
Ms. Skadsen presents an introduction to the Sou nd Station Subarea Plan.
7. NEXT MEETING
December 14, Special Meeting for Sound Transit
8. ADJOURNMENT
Commissioner Bronson moved that the meeting be adjourned: Second by Commissioner
O’Neil.
The meeting adjourned at 7:30pm.
ATTEST: APPROVED BY COMMISSION:
Planning Commission Minutes November 16, 2022
_______________________________________ ______________________
ANNA LIECK, ADMIN ASSISTANT II DATE
Proposed Code Amendment - BC Zone School Use Height Page 1 of 8
COMMUNITY DEVELOPMENT DEPARTMENT
33325 8th Avenue South
Federal Way, WA 98003-6325
253-835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
MEMORANDUM & STAFF REPORT
DATE: 29 November 2022
TO: Federal Way Planning Commission
FROM: Jim Harris, Senior Planner
SUBJECT: Proposed code amendment to FWRC 19.220.040 - Pertaining to allowed maximum height for
minor and supporting structures for School Use in the BC Zoning District
File No 22-104860-UP
I. Background
City Planning Division staff have initiated a code amendment to add a provision to the public school use
zoning chart in the Community Business (BC) zoning district, Federal Way Revised Code (FWRC)
19.220.040. The proposed code amendment would add a note to the use chart, which note would allow
potential increase in height for minor and supporting structures for a school use. The proposed code
amendment (note addition) is consistent with existing height allowances for school use in five other
zoning districts (SE, RS, RM, CC-F and CC-C) in the City (see Table 1). This proposed code
amendment note addition is consistent with potential allowed height increase for Public Park use in
every zoning district in the City.
Therefore, this proposed code amendment is fixing and filling a gap in the zoning code regulations, and
would result in more consistent height regulations for minor and supporting structures associated with
school uses across many zoning districts.
The potential height increase for m inor and supporting structures is primarily used and intended to
allow increase in height for lighting structures for recreation and sports fields and for parking lot
lighting.
II. Proposed Code Amendment
Amend the FWRC section 19.220.040 pertaining to school uses. The proposed code amendment is as
follows:
Add a note (Note 16) to the Special Regulations and Notes contained on the School Use zoning chart
FWRC 19.220.040 as follow:
Proposed New Note - Minor and supporting structures constructed as a functional requirement of schools may
exceed the applicable height limitation; provided, that the Director of Community Development determines that
such structures will not significantly impact adjacent properties.
Proposed Code Amendment - BC Zone School Use Height Page 2 of 8
The maximum allowable height for a school use in the BC zone chart 19.220.040 in current code is as
follows:
Height: 35 ft. above average building elevation (AABE), to 55 ft. AABE, for all other
structures
See notes 1 – 3
Note 1. Building height may not exceed 30 ft. AABE when located within 100 ft. of a
residential zone.
Note 2. Except for gyms, if approved by the director of community development services,
the height of a structure may exceed 35 ft. above average building elevation (AABE) to a
maximum of 55 ft. AABE, if all of the following criteria are met:
a. The additional height is necessary to accommodate the structural, equipment, or
operational needs of the use conducted in the building, and/or all ground floor spaces have
a minimum floor-to-ceiling height of 13 ft. and a minimum depth of 15 ft.;
b. Height complies with note 1;
c. Height over 35 ft. is set back from nonresidential zones by one ft. for each one ft. of
height over 35 ft.; and
d. Rooflines are designed to avoid a predominantly flat and featureless appearance
through variations in roof height, forms, angles, and materials.
Note 3. For any structure, including gyms, an increase in heigh t above 35 ft. shall not
block views designated by the comprehensive plan.
III. PROCEDURAL SUMMARY
9/2/22: Public Notice of SEPA Decision published in Federal Way Mirror and posted (website)
9/2/22: Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental
Policy Act (SEPA)
9/16/22: End of SEPA Comment Period
10/7/22: End of SEPA Appeal Period
12/7/22: Planning Commission Public Hearing
2/6/23: LUTC Council Committee (anticipated date)
2/21/23: City Council 1st Reading (anticipated date)
3/7/23: City Council 2nd Reading (anticipated date)
IV. PUBLIC COMMENTS
One public comment was received from Jim and Ramon High (Attachment 2) as of the date of writing
this memorandum.
V. REASON FOR PLANNING COMMISSION ACTION
FWRC Section 19.80.130 provides criteria for zoning text amendments. The following section analyzes
compliance of the proposed zoning code text amendment with the criteria in FWRC 19.80.130. The city
may amend the text of the FWRC only if it finds that:
Proposed Code Amendment - BC Zone School Use Height Page 3 of 8
1. The proposed amendment is consistent with the applicable provisions of the comprehensive
plan;
Staff Response: The proposed FWRC text amendment is consistent with the following Federal Way Comprehensive
Plan (FWCP) policies:
LUP1 Use development standards and design guidelines to maintain neighborhood character
and ensure compatibility with surrounding uses.
LUP 26 Provide for a mix of commercial and residential uses in most commercial areas .
LUP 29 Ensure compatibility between non-residential developments and residential zones by regulating
height, scale, setbacks, and buffers.
2. The proposed amendment bears a substantial relationship to public health, safety, or
welfare; and
Staff Response: The proposed FWRC text amendment bears a substantial relationship to the public health, safety,
and welfare because the amendment would allow greater flexibility in designing and siting of minor and supporting
structures for school uses. School uses serve a large and diverse segment of t he population and this amendment would be
consistent with potential height increase allowances for similar uses in other zoning districts throughout the City.
3. The proposed amendment is in the best interest of the residents of the city.
Staff Response: The proposed amendment to FWRC 19.220.040 to allow the opportunity for increased height of
minor and supporting structures for a school use is in the best interest of the residents of the City. The proposed
amendment is consistent with existing FWRC code provisions which allow opportunity to increase height for minor and
supporting structures for school uses in the following zones: SE; RS; RM; CC-F and CC-C, and is consistent with
potential height increases allowed for public park use in all zoning districts in the City. This amendment simply extends
that opportunity to school uses in the BC zone. Schools and their associated facilities are used by many segments of the
population for various activities in addition to school related uses.
The proposed amendment will allow the opportunity for increase of height for minor and supporting structures for a
school use in the BC zone. Any specific proposal for a height increase for a minor and supporting structure would be
evaluated on a site specific and project specific basis, and would require an analysis of potential impacts on surrounding
areas that could result from an increase in height .
VI. STAFF RECOMMENDATION
Subject to public comment and Commission deliberation, b ased on the above staff analysis and
decisional criteria; staff recommends that the proposed amendment (Attachment 1) to FWRC Title 19,
“Zoning and Development Code,” be recommended for approval to the Land Use/Transportation
Committee (LUTC) and City Council.
Proposed Code Amendment - BC Zone School Use Height Page 4 of 8
Table 1
Shows which zones and land uses currently allow minor and supporting structures to exceed the applicable
height limit
ZONE SCHOOL USE PUBLIC PARK
USE
GOLF COURSE
USE
SE Yes
FWRC19.195.100
Yes
FWRC19.195.160
Yes
FWRC19.195.070
RS Yes
FWRC19.200.090
Yes
FWRC19.200.160
Yes
FWRC19.200.060
RM Yes
FWRC19.205.130
Yes
FWRC19.205.190
NA – Golf Course
Use not permitted
BN No
FWRC19.215.040
Yes
FWRC19.215.080
NA – Golf Course
Use not permitted
BC No
FWRC 19.220.040
Yes
FWRC19.220.110
NA – Golf Course
Use not permitted
CE NA – School Use
not permitted in
CE
Yes
FWRC19.240.130
Up to 55’
maximum from 40’
NA – Golf Course
Use not permitted
CC-F Yes
FWRC19.230.090
Note 1
Yes
FWRC19.230.120
NA – Golf Course
Use not permitted
CC-C Yes
FWRC19.225.090
Note 1
Yes
FWRC19.225.100
NA – Golf Course
Use not permitted
PO No
FWRC19.210.020
Yes
FWRC19.210.030
NA – Golf Course
Use not permitted
OP No
FWRC19.235.040
Yes
FWRC19.235.080
NA – Golf Course
Use not permitted
Proposed Code Amendment - BC Zone School Use Height Page 5 of 8
Attachment 1 – Proposed Code amendment, Zone Use Chart 19.220.040
19.220.040 Schools – Day care facilities, commercial – Animal kennels.
The following uses shall be permitted in the community business (BC) zone subject to the regulations and notes set forth in t his section:
USE REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Required
Review
Process
Minimums
Height of
Structure
Required
Parking Spaces
SPECIAL REGULATIONS AND NOTES
Lot
Size
Required Yards
Front Side
(each) Rear
⇩ ⇨
Schools; business,
vocational, or trade
schools
Day care facilities,
commercial
Animal kennels or
animal care facilities
Process
II or,
with
SEPA,
Process
III
None 20
ft.
0 ft. 0 ft. 55 ft.
above
average
building
elevation
(AABE)
for gyms if
located
100 ft. or
more from
an
adjacent
residential
zone
35 ft.
above
average
building
elevation
(AABE),
to 55 ft.
AABE, for
all other
structures
See notes
1 – 3
High school: 1 for
each employee and
1 for each 10
students
Elementary/Middle:
1 for each employee
Business/Vocational
/Trade: 1 for each
employee and 0.5
for each student
Day care: 1 for each
300 sq. ft. of gross
floor area
Kennel and care
facilities:
1 for each 300 sq. ft.
of gross floor area
1. Building height may not exceed 30 ft. AABE
when located within 100 ft. of a residential zone.
2. Except for gyms, if approved by the director of
community development services, the height of a
structure may exceed 35 ft. above average
building elevation (AABE) to a maximum of 55 ft.
AABE, if all of the following criteria are met:
a. The additional height is necessary to
accommodate the structural, equipment, or
operational needs of the use conducted in the
building, and/or all ground floor spaces have a
minimum floor-to-ceiling height of 13 ft. and a
minimum depth of 15 ft.;
b. Height complies with note 1;
c. Height over 35 ft. is set back from
nonresidential zones by one ft. for each one ft. of
height over 35 ft.; and
d. Rooflines are designed to avoid a
predominantly flat and featureless appearance
through variations in roof height, forms, angles,
and materials.
3. For any structure, including gyms, an increase
in height above 35 ft. shall not block views
designated by the comprehensive plan.
4. Day care facilities must contain an outdoor
play area with at least 75 sq. ft. for each child
using the area at any one time. This play area
must be completely enclosed by a solid fence or
other screen at least six ft. in height. Play
equipment and structured play areas must be set
back at least five ft. from each property line.
5. Day care facilities, animal kennels, or animal
care facilities may include accessory living
facilities as defined by FWRC 19.05.010.
6. Day care facilities and schools must comply
with the requirements of the State Department of
Except 20
ft. along
residential
zones
Outdoor uses for
animals, such as
open-air
kennels, runs,
training yards, or
show facilities,
shall be set back
20 ft. from any
property line
See notes 2, 4,
8 and 11
Proposed Code Amendment - BC Zone School Use Height Page 6 of 8
USE REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Required
Review
Process
Minimums
Height of
Structure
Required
Parking Spaces
SPECIAL REGULATIONS AND NOTES
Lot
Size
Required Yards
Front Side
(each) Rear
⇩ ⇨
Social and Health Services and/or the State
Superintendent of Public Instruction.
7. All activities pertaining to schools, business or
vocational schools, or trade schools, such as
auto repair or other uses that may impact
adjacent properties, must take place within an
enclosed building.
8. Animal kennels and animal care facilities must
be designed so that the maximum permissible
noise levels from outdoor runs and other open
areas comply with the provisions of
FWRC 7.10.050, and such outdoor areas shall
be screened from adjacent properties by 10 ft. of
Type III landscaping, as defined by
Chapter 19.125 FWRC, or greater buffer as
required therein.
9. No maximum lot coverage is established.
Instead, the buildable area will be determined by
other site development requirements, i.e.,
required buffers, parking lot landscaping, surface
water facilities, etc.
10. For community design guidelines that apply
to the project, see Chapter 19.115 FWRC.
11. For landscaping requirements that apply to
the project, see Chapter 19.125 FWRC.
12. For sign requirements that apply to the
project, see Chapter 19.140 FWRC.
(Continued on next page)
For other information about parking and parking
areas, see Chapter 19.130 FWRC.
For details of what may exceed this height limit,
see FWRC 19.110.050 et seq.
For details regarding required yards, see
FWRC 19.125.160 et seq.
Process I, II, III and IV are described in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
19.220.040 Schools – Day care facilities, commercial – Animal kennels. (Continued)
Proposed Code Amendment - BC Zone School Use Height Page 7 of 8
USE REGULATIONS
USE ZONE CHART
DIRECTIONS: FIRST, read down to find use . . . THEN, across for REGULATIONS
Required
Review
Process
Minimums
Height of
Structure
Required
Parking Spaces
SPECIAL REGULATIONS AND NOTES
Lot
Size
Required Yards
Front Side
(each) Rear
⇩ ⇨
13. Refer to Chapter 19.265 FWRC to determine
what other provisions of this title may apply to
the subject property.
14. Schools may locate containers on site for the
storage of emergency preparedness supplies as
an accessory use. Containers may not be
located in any required yard. Landscaping may
be required by the director of community
development services to screen the installation if
the proposed location will be visible from a public
right-of -way and/or neighboring properties. Siting
is subject to review and approval under process
I, director’s approval, unless proposed as a
component of another project; in which case the
siting of the container will be reviewed as part of
the overall development proposal and subject to
the underlying review process.
15. Site design, including the location of parking
and passenger loading areas, shall be designed
to reduce impacts on nearby residential areas.
16. Minor and supporting structures constructed
as a functional requirement of schools may
exceed the applicable height limitation; provided,
that the Director of Community Development
determines that such structures will not
significantly impact adjacent properties.
For other information about parking and parking
areas, see Chapter 19.130 FWRC.
For details of what may exceed this height limit,
see FWRC 19.110.050 et seq.
For details regarding required yards, see
FWRC 19.125.160 et seq.
Process I, II, III and IV are described in
Chapter 19.55 FWRC,
Chapter 19.60 FWRC,
Chapter 19.65 FWRC,
Chapter 19.70 FWRC respectively.
(Ord. No. 12-735, § 4(Exh. A), 12-4-12; Ord. No. 11-700, § 5, 9-20-11; Ord. No. 09-605, § 3(Exh. A), 3-3-09; Ord. No. 09-604, § 3(Exh. A), 3-
3-09; Ord. No. 08-585, § 3(Exh. A), 11-4-08; Ord. No. 07-559, § 3(Exh. A), 7-3-07; Ord. No. 03-443, § 3, 5-20-03; Ord. No. 01-399, § 3, 8-7-
01; Ord. No. 01-385, § 3, 4-3-01; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 96-270, § 5, 7-2-96; Ord. No. 93-170, § 7(Exh. B), 4-20-93; Ord. No.
90-43, § 2(45.65), 2-27-90. Formerly 22-755. Code 2001 § 22-754.)
Proposed Code Amendment - BC Zone School Use Height Page 8 of 8
Attachment 2 – Comment from Jim and Ramona High
From: Jim and Ramona High <jrhighteam@gmail.com>
Sent: Tuesday, November 22, 2022 8:25 AM
To: Natalie Kamieniecki <Natalie.Kamieniecki@cityoffederalway.com>
Subject: Opposing Height Increases for CB Zoning
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Natalie, I read in the newspaper in the "proposed land use action" section that the city council is considering
allowing places zoned CB to go higher than normal height restrictions. I oppose changing the rules so that
places zoned CB can build higher than they could otherwise. Let me know that you got this message and
that you filed it away so the city council is aware of it.
Jim