Loading...
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 [EXTERNAL EMAIL WARNING] This email originated from outside of the City of Federal Way and may not be trustworthy. Please use caution when clicking links, opening attachments, or replying to requests for information. If you have any doubts about the validity of this email please contact IT Help Desk at x2555. 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