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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 1 | Page 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. 2 | Page 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. 3 | Page Attachment 1 4 | Page 5 | Page 6 | Page 7 | Page 8 | Page 9 | Page 10 | Page 11 | Page 12 | Page