2023 09 September 20 Planning Commission Agenda Packet
PLANNING COMMISSION
REGULAR MEETING AGENDA
City Hall – Council Chambers
September 20, 2023 – 5:00 p.m.
1. CALL MEETING TO ORDER
2. ROLL CALL
3. APPROVAL OF MINUTES
Planning Commission Meeting of August 9, 2023
4. PUBLIC COMMENT
None scheduled
5. COMMISSION BUSINESS
a. Public Hearing- FWRC Title 19.85 Code Amendments Development Agreements
6. STAFF BUSINESS
Manager’s Report
7. NEXT MEETING
October 4, 5:00pm – Regular Meeting
8. ADJOURNMENT
Planning Commission meetings are held in-person.
To request accommodation to attend or to provide public comment virtually, please contact Samantha Homan at
253-835-2601 or samantha.homan@cityoffederalway.com, no later than 5:00 p.m. on Tuesday, September 19,
2023.
Commissioners City Staff
Lawson Bronson, Chair Keith Niven, Community Development Director
Vickie Chynoweth, Vice Chair Samantha Homan, Office Manager
Diana Noble-Gulliford www.cityoffederalway.com
Tom Medhurst
Tim O’Neil
Anna Patrick
Jae So
Sanyu Tushabe, Alternate
PLANNING COMMISSION
REGULAR MEETING AGENDA
City Hall – Council Chambers
August 9, 2023 – 5:00 p.m.
1. CALL MEETING TO ORDER
Chair Bronson called the meeting to order at 5:07pm.
2. ROLL CALL
Commissioners Present: Anna Patrick, Lawson Bronson, Tim O’Neil, Sanyu Tushabe
(alternate)
Excused: Diana Noble-Gulliford, Tom Medhurst, Jae So, Vickie Chynoweth
City Staff Present: Community Development Director Keith Niven, Planning Manager
Jonathon Thole, Senior Planner Evan Lewis, City Attorney Kent Van Alstyne, Office Manager
Samantha Homan
3. APPROVAL OF MINUTES
Planning Commission Meeting of July 19, 2023
Commissioner O’Neil motioned to approve the July 19, 2023 minutes as written
Second by Commissioner Patrick
Motion passes 4-0
4. PUBLIC COMMENT
None Scheduled
5. COMMISSION BUSINESS
a. 2024 Capital Facilities and Utilities Chapter Briefing presented by Evan Lewis, Senior
Planner
Senior Planner Evan Lewis presented on the Capital Facilities and Utilities Chapter Briefing
for the 2024 periodic update; with the focus being on Chapters 6 and 10. Chapter 6 Facilities
updates include but not limited to updating most sections; refreshing goals and policies
consistent with PSRC and county policies, and exploring ways to reframe plans “adopted by
reference” to instead “implement” the comprehensive plan, and refreshing maps and
graphics. The Transportation and Parks and Recreation sections will be updated later, initial
review is still in progress for the Community Facilities and Fire sections, further input still
expected from water and sewer utilities, Community Facilities section may be informed by
outcomes of a taskforce that is currently evaluating the potential for moving City Hall
Downtown. Chapter 10 Utilities updates include but not limited to deleting “private” from
name, so the chapter will just be “utilities,” removing unnecessary listings of PSRC and
Countywide Planning Policies, refreshing goals and policies consistent with PSRC and
Countywide Planning Policies, and re-organizing goals and policies so all policies relate to a
goal. The Puget Sound Energy (PSE) map is still pending updates by PSE. The
telecommunications section will be informed by the Federal Way Broadband Planning Study.
Next steps include the continuation of information gathering from other departments and
utilities with completed draft estimated by end of 2023 with final draft ready to adoption by
April 2024.
Deliberations included clarification on sewer systems, and if demographic data was collected
or should be collected during the public outreach surveys. Brian Asbury, Development
Engineering Supervisor from Lakehaven Water and Sewer District was in attendance to
answer any questions regarding to Lakehaven. Lakehaven questions topics included the
water table, sources of water, and the sampling and testing of the water.
6. STAFF BUSINESS
Manager’s Report
Director Keith Niven announced the next Community Space Advisory Committee Meeting is
next Monday, August 14, and will include guest Bob Stowe, former Bothell City Manager, and
invited the Planning Commissioners to the meeting, as well as an invitation to the TIF Briefing
next Tuesday, August 15. Preferences were asked regarding the proposed 2024 Planning
Commission calendar.
7. NEXT MEETING
September 6, 2023 5:00pm – Regular Meeting
8. ADJOURNMENT
Commissioner O’Neil moved to adjourn the meeting
Second by Commissioner Tushabe
Motion passes 4-0
Meeting adjourned at 6:47pm
Commissioners City Staff
Lawson Bronson, Chair Keith Niven, Community Development Director
Vickie Chynoweth, Vice Chair Samantha Homan, Office Manager
Diana Noble-Gulliford www.cityoffederalway.com
Tom Medhurst
Tim O’Neil
Anna Patrick
Jae So
Sanyu Tushabe, Alternate
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33325 8th Avenue South
Federal Way, WA 98003-6325
253-835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor MEMORANDUM
DATE: 13 September 2023
TO: Federal Way Planning Commission
FROM: Keith Niven, Director
SUBJECT: Proposed code amendments to FWRC Chapter 19.85 (Development Agreements).
BACKGROUND
The proposed code amendments to FWRC 19.85 Development Agreements are intended to improve the
clarity of what can be included in a development agreement; clarify when a development agreement may be
processed; and, remove certain provisions that should not be included in City Code.
PROPOSED CODE AMENDMENTS
See Attachment 1.
PROCEDURAL SUMMARY
7/28/23: Notice to Department of Commerce (2023-S-6290)
8/04/23: Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental
Policy Act (SEPA) (23-103777-SE)
8/4/23: Public Notice of SEPA Decision published in Federal Way Mirror and posted (website)
8/18/23: End of SEPA Comment Period
8/18/23: Notice of Public Hearing
9/20/23: Planning Commission Public Hearing
9/8/23: End of SEPA Appeal Period
10/2/23: LUTC Council Committee (anticipated date)
10/17/23: City Council 1st Reading (anticipated date)
11/7/23: City Council 2nd Reading (anticipated date)
PUBLIC COMMENT
The City received no public comments relating to these proposed amendments prior to distribution of this
Staff report.
BASIS FOR PLANNING COMMISSION DECISION
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:
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) text:
LUG2 Develop an efficient and timely development review process based on a public/private partnership.
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LUP4 Maximize efficiency of the development review process.
LUP6 Conduct regular reviews of development regulations to determine how to improve upon the permit
review process.
EDP10 Continue to implement a streamlined permitting process consistent with state and federal regulations
to reduce the upfront costs of locating businesses or redeveloping businesses in the City.
2. The proposed amendment bears a substantial relationship to public health, safety, or welfare; and
Staff Response: The proposed FWRC text amendments clarifies some ambiguities in the existing code and
makes it clearer as to what can be included in a development agreement. By making the code clearer, the City
is creating more predictability for applicants desiring to utilize a development agreement. Further, the
proposed code amendments will reduce the likelihood the City might be challenged on its code interpretation
or processing.
3. The proposed amendment is in the best interest of the residents of the city.
Staff Response: The proposed amendments will reduce the City’s potential liability due to unclear code and is
therefore in the best interest of the residents.
STAFF RECOMMENDATION
Subject to public comment and Commission deliberation, based on the above staff analysis and
decisional criteria; staff recommends that the proposed amendments (Attachment 1) to FWRC Chapter 19.85
(Development Agreements), be recommended for approval to the Land Use & Transportation
Committee (LUTC) and City Council.
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Attachment 1
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