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Planning Comm PKT 10-18-2006 October 18, 2006 7:00 p.m. Commissioners Hope Elder, Chair Dave Osaki Merle Pfeifer Pam Duncan-Pierce City of Federal Way PLANNING COMMISSION City Hall Council Chambers AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES 4. AUDIENCE COMMENT 5. ADMINISTRATIVE REPORT 6. COMMISSION BUSINESS . PUBLIC HEARING City Center-Core Height Limits Code Amendment 7. ADDITIONAL BUSINESS 8. AUDIENCE COMMENT 9. ADJOURN Dini Duclos, Vice-Chair William Drake Lawson Bronson Richard Agnew (Alternate #1) City Staff Kathy McClung, CDS Director Margaret Clark, Senior Planner E. Tina Piety, Administrative Assistant 253-835-2601 WWw.citvoffederalwav.colIl K\Planning Commission\2006IAgenda 10-18-06.doc CITY OF FEDERAL WAY PLANNING COMMISSION - August 16, 2006 7:00 p.m. City Hall Council Chambers MEETING MINUTES Commissioners present: Hope Elder, Dave Osaki, Dini Duclos, Merle Pfeifer, Bill Drake, Pam Duncan-Pierce, and Lawson Bronson. Commissioners absent: none. Alternate Commissioners present: Richard Agnew. Alternate Commissioners absent: none. Staff present: City Manager Neal Beets, Management Services Director Iwen Wang, Interim Public Safety Director Brian Wilson, Assistant City Attorney Amy Jo Pearsall, Senior Planner Margaret Clark, Contract Planner Janet Shull, and Administrative Assistant E. Tina Piety. Chair Elder called the meeting to order at 7:00 p.m. ApPROVAL OF MINUTES It was moved and seconded to adopt the July 19, 2006, minutes. The motion was carried. AUDIENCE COMMENT None ADMINISTRATIVE REpORT Ms. Piety informed that Commission that the terms for three Commissioners are due to expire September 30, 2006. The City is currently accepting applications for these positions. Applications are due September 15, 2006, and may be found on the City's website, or picked up at City Hall. Interviews are tentatively scheduled for a special meeting before the first regular City Council meeting in October (10/3/06). COMMISSION BUSINESS. BUDGET PRESENTATION Ms. Wang, Mr. Beets, and Mr. Wilson delivered the staff presentation. The city is obligated to have a balanced budget. There is a gap between revenue and expenses. Ms. Wang explained the action to address the gap. She commented that the only long-term solution to the gap is a larger tax base, which means more economic development in the city. Public safety is a top City Council priority. Mr. Wilson explained that in order to meet this priority, the council is considering a utility tax increase of 1.75% for new police officers and support staff. The council is considering placing this issue on the November ballot. Commissioner Drake asked what was the utility tax originally planned for. Ms Wang replied that the tax goes to parks and transportation improvements. The proposal would not reduce their funding. Commissioner Elder commented that when it was adopted, people were told the tax would be phased out. She is concerned the city may face stiff opposition because it will now not be phased out. K:\PJanning COrnrrUssion\2006\Meeting Summary 08-16-06.doc Planning Commission Minutes Page 2 August 16, 2006 STUDY SESSION - Small Lot Code Amendment Ms. Shull delivered the staff presentation. This amendment would allow smaller homes and would add another house type to the multiple family zones. She sees a lot of interest in this type of housing throughout the region. The amendment calls for a demonstration project and staff is still researching how that might work. Commissioner Drake asked if the alleys would be private. Ms. Shull replied that the Public Works staff is researching this issue. Commissioner Drake asked if two houses would be allowed to share a common lot line. Ms. Shull replied that staff does not intend for houses to share a common lot line. They would be zero lot line, but not common. Commissioner Pfeifer commented that could be a problem for someone needing to do work on the side of their house. Ms. Shull replied that a maintenance easement of three to five feet would be required. It is unlikely that every house in the development would be placed right next to the lot line. Commissioner Duclos asked if the developments would have covenants. Ms. Shull.replied they would need them for the open space. Commission Duclos stated that any covenants should have fees in order to ensure the property is maintained. In regards to the demonstration project, all the houses would be built to a particular style, Commissioner Bronson asked what if a homeowner wants to remodel? Staff will research covenants to address this issue. Commissioner Osaki stated that currently the amendment states single family can be done in multi family at 5000 square foot lots has the staff considered a maximum? Ms. Clark replied that staff will research having a maximum. ADDITIONAL BUSINESS The Commission discussed their concern for affordable housing. One concern with the proposed small lot code amendment is that it will not likely have affordable housing; partially due to construction costs and demand. It was suggested that the city research ways in which affordable housing could be promoted in Federal Way. AUDIENCE COMMENT None ADJOURN The meeting was adjourned at 8:54 p.m. K: IPlanning Commission\2006\Meeting Summary 08-16-06.doc ~. Federal Way DATE: TO: VIA: FROM: SUBJECT: October 10, 2006 Planning Commission Neal Beets, City Manager ~) Patrick DOhe~omi~~opment Director City Center-Core Residential Height Limit (File Number 06-104925-00-UP) Policv Issue Should the Planning Commission recommend approval to City Council of a change to the text of the City Center-Core "district regulations" at FWCC 22-797 to allow greater maximum height for structures containing residential dwelling units from the current limit of 85 feet to either 145 feet or 200 feet? Backoround Comprehensive Plan In 1995 the City Council approved the City's first Comprehensive Plan, pursuant to the Growth Management Act (GMA). In order to engage public involvement and input into the comprehensive planning process, the City hired consultants who conducted a process called "CityShape" that offered active opportunities for community input. Through this input, the public expressed its preferences about the City Center that are encapsulated in the Comprehensive Plan's "City Center" chapter. Chiefamong those preferences are the following statements: . Create an identifiable downtown that is the social and economic focus of the City; . Strengthen the City as a whole by providing for long-term growth in employment and housing (in the City Center); . Promote housing opportunities close to employment; .. Support development of an extensive regional transportation system; . Reduce dependency on automobiles; . Consume less land with urban development; . Maximize the benefit of publiC investment in infrastructure and services; . Provide a central gathering place for the community; and . Improve the quality of urban design for all developments. In pursuit of the City Center plan, the City created two City Center zones: the City Center Core and City Center Frame. The Core was established "to create a higher-density, mixed-use 'center' for Federal Way, and become an Urban Center as envisioned in VISION 2020," pursuant to the GMA. The Frame was established to "provide a zone for dense mixed-use development that surrounds and supports the Core. It also provides a transition between high-activity areas in the Core area and less dense neighborhoods outside the Frame." As such, the Core and Frame contain different height limits for different uses. Generally speaking, the Core provides for greater height limits for similar uses than available in the Frame. The following are some principal uses within both zones and their corresponding maximum height limits: Memo to Planning Commission City Center-Core Height Limit Increase October 10,2006 Page 2 of8 USE Ci Center Frame 35 feet 35 feet 60 feet 45 feet 85 feet Ci Center Core 145 feet 95 95 145 feet 85 feet Office Retail Entertainment Hotel Residential As you can see, while structures housing most uses are afforded a higher height limit within the City Center Core zone, for some reason residential structures are given no additional height in the Core over the limit in the Frame. Actions to Promote City Center Development Since adoption of the Comprehensive Plan, the City has pursued numerous actions to ready the City Center environment for investment and/or even offer incentives for redevelopment in fulfillment of the Comprehensive Plan vision. Several of these actions are: . Allowance of five stories of wood frame construction over a concrete base, up from only four; . Substantial Zoning Code Changes, approved February 2006, to facilitate Comprehensive Plan- . compliant redevelopment and remove barriers to multifamily and mixed-use development; . Continued City investment in substantial infrastructure improvements in the City Center; . City engagement of the Leland Consulting Group to provide up-to-date market information to.. support redevelopment and a set of City Center redevelopment strategies; . City Council official commitment to consideration ot'public-private partnerships and concomitant creation of a $5-million City Center redevelopment fund; .. Substantial marketing of the City Center redevelopment opportunities through brochure, advertising, press releases and personal contacts; AND . City Center SEPA "Planned Action" and Environmental Impact Statement (EIS) SEPA Planned Action and EIS Pursuant to City Council direction, dating back to 2001, the City embarked on development of a SEPA "Planned Action" and supporting EIS to cover a central north-south-oriented swath of the City Center (see attached map, "Exhibit A"), covering both City Center-Core and City Center-Frame zoning districts. State law (RCW 43.21C.031(2)(a) and WAC 197-11-164) enables Planned Actions as a means offostering redevelopment and growth in urban centers, pursuant to the Growth Management Act. Once a City completes the required EIS, it may adopt a "Planned Action Ordinance" that offers a substantially streamlined environmental and land use permit review process, as well as any associated master plans. comprehensive plan amendments or zoning code amendments. The Federal Way City Center Planned Action EIS analyzes the impacts from development in the City Center "Planned Action" area over a ten-year period, as follows: USES Retail Office Lod in Residential Civic Structured Parkin DEVELOPMENT "ENVELOPE" 750,000 SF 350,000 SF 600 rooms 750 units 100,000 SF 750 stalls Memo to Planning Commission City Center-Core Height Limit Increase October 10,2006 Page 3 of8 In addition, the Federal Way City Center Planned Action EIS analyzes the impacts associated with a height limit increase for residential structures within the entire City Center Core area - not just that within the "Planned Action" area. Two alternatives, in addition to the "No Action" alternative, were analyzed in the EIS: 1. Maximum height limit of 145 feet 2. Maximum height limit of 200 feet The Federal Way City Center Planned Action Draft EIS was issued on June 26, 2006. A public hearing on the EIS was held on July 13, 2006 at the Federal Way City Hall, Council Chambers, and the associated public comment period ended on July 25, 2006. A Final EIS was issued on September 8, 2006. After publication of the FEIS, the City may proceed with consideration of the two actions served by this EIS: the SEPA Planned Action Ordinance and the City Center Core residential height limit increase. While analyzed within the same EIS, these two actions are otherwise unrelated and may proceed independently. The Planned Action Ordinance will establish an expedited SEPA review process for development projects that conform with the Planned Action EIS. Those projects will be exempt from individual, independent SEPA review and will otherwise undergo a simpler arid more expedited review for compliance with the Planned Action. Measures mitigating environmental impacts have been pre-identified in the EIS and will be incorporated by reference in the Planned Action Ordinance, as approved by City Council. Currently it is anticipated that City Council will take up consideration of the Planned Action Ordinance in the latter part of this year." . The City Center Core height limit increase for structures containing multifamily uses is a development' regulation, not a process regulation. As such, it may be considered independently. The impacts related to potentially taller multifamily and mixed-use buildings were analyzed in the Federal Way City Center Planned Action EIS and can be summarized as follows: ENVIRONMENTAL ELEMENT Air Quality COMMENTS Land Use Increased development potential may lead to increased vehicle trips (see below), leading to increased automobile-generated pollutants. EIS analysis indicates that ollutants would remain below allowable air uali standards. Mix and juxtaposition of uses would not be changed, although more marked transition between older, low-scale buildings and newer, taller buildings would belikel. Taller residential buildings would allow a potentially greater residential o ulation and densi in the Cit Center Core. Population, Employment and Housin Memo to Planning Commission City Center-Core Height Limit Increase October 10,2006 Page 4 of 8 Aesthetics, Light and Glare Transportation . Public Services Utilities Proposal Proposed height increase to 200' would allow buildings of incrementally greater height and bulk than currently allowed for commercial buildings (145'). More "high-rise" buildings would be possible than today. Shadow impacts would be greater. Juxtaposition between older, low-scale buildings and newer, taller buildings would be more noticeable. Proposed height increase to 145' would allow buildings of same height and bulk as is currently allowed for commercial buildings. More "high-rise" buildings would be possible than today. Shadow impacts would be greater than today, but lesser than 200' alternative. In both cases views from low-scale buildings could be impaired to varying degrees. A mitigating condition related to greater height for residential structures is the propensity for residential floor-plates to be smaller than commercial f1oor- plates, resulting in less upper-level bulk in exchange for greater height. (See also accompanying proposed code language to require floors above 145' to be limited to no more than 80% of the floor- late below. The Planned Action analyzes likely development over a ten-year period, with a total of 2,727 additional PM peak hour trips distributed throughout the City roadway system by 2009 (or the at such time as the equivalent development is realized) and a total of up to 5,097 PM peak hour trips distributed throughout the City roadway system by 2014 (or the at such time as the equivalent development is realized). In the unmitigated condition, this additional level of PM peak hour trips would congest several intersections to level of service F. As a consequence, all of the projects slated for the City's Transportation Improvement Plan (TIP) are recommended to be constructed, plus two additional mitigation projects: . Add 2nd northbound L turn lane at S 312'h/pac Highway . Optimize signal timing at S 336th/Pac Highway The transportation impacts associated with marginally greater population associated with potentially taller multifamily structures is covered by this anal is and miti ation. Taller multifamily structures and marginally greater population will result in marginally greater need for police, fire, and parks services. These impacts are disclosed in the EIS. No si nificant, unmiti able im acts are foreseen. Lakehaven Utility District indicates that it will have available capacity to provide domestic water and sanitary sewer service to the City Center under the entire Planned Action growth scenarios, including the marginally greater population associated with taller multifamily structures. Increased demand for energy and telecommunications services will also result, but not to si nificant levels. The current proposal is to consider amending FWCC 22-797 to allow greater height for structures containing multifamily dwelling units in the City Center-Core zone. Two alternatives are available for Memo to Planning Commission City Center-Core Height Limit Increase October 10, 2006 Page 5 of8 consideration over the "no action" alternative of staying at the current limit of 85 feet: Alternative 1: 145 feet (See attached "Exhibit B") Alternative 2: 200 feet. In addition, with this alternative, code language is proposed that would require floor-plates above 145 feet to occupy no more than 80% of the floor-plate area immediately below the 145-foot level. (See attached "Exhibit C") These two height alternatives were set by the City Council at the beginning of the Planned Action EIS process. This proposal is made as an additional means of providing an incentive for redevelopment of the City Center. Greater potential height for residential structures could provide the following benefits to parties interested in pursuing redevelopment: . Additional flexibility on a site to provide a range of housing options (low-rise, mid-rise, high-rise); . Potential to provide more view units that could help sustain higher unit prices/rents to assist in financial feasibility of redevelopment; . Additional height to recoup the costs associated with high-rise construction, required above approximately 65 feet. Currently it is infeasible that developers of multifamily structures would utilize the 85-foot height limit since it requires the more expensive, high-rise construction type for only a couple of floors of greater height than the less expensive, wood-frame-over-concrete construction up to 65 feet; and, · Additional development potential to help meet City Center housing growth targets and to provide additional, proximate support to retail and service establishments within the City Center. Analvsis Codified Criteria FWCC 22-528 sets out the criteria for considering zoning text amendments. These criteria are presented below, followed by a corresponding response: The City may amend the text of this chapter only if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan. As mentioned above, the City Center-Core zoning district was established in the Comprehensive Plan to "to create a higher-density, mixed-use 'center' for Federal Way, and become an Urban Center as envisioned in VISION 2020,n pursuant to the GMA. Specifically, City Center Goal #13 in the Comprehensive Plan indicates that the City Center zoning districts are intended to "(f)ocus growth, with resultant increasing demands for infrastructure and transportation, in the City Center, specifically the core area...(and) (a)lIow for higher intensity uses for efficient use of land." By pursuing additional residential development in the City Center-Core zoning district through the incentive of greater height, for the reasons listed above, the proposed amendment would fulfill this general Goal. In addition, this amendment would further the following specific City Center Policies: Memo to Planning Commission City Center-Core Height Limit Increase October 10,2006 Page 60f8 . CCP3 - Continue to support land use regulations that allow the higher intensity development expected over the next 15 to 30 years; and . CCP8 - Provide incentives to encourage residential development in the City Center core area. 2. The proposed amendment bears a substantial relation to the public health, safety, or welfare. As the proposed amendment is a land use regulation, its principal relation to the public health, safety or welfare is manifest through its relative fulfillment of the Comprehensive Plan's goals and policies. As mentioned above, the amendment furthers several important City Center goals and policies, and for that reason, promotesthe public health, safety and welfare by fostering "smart growth" in concert with the Comprehensive Plan. 3. The proposed amendment is in the best interest of the residents of the City. Similar to the analysis above, the proposed amendment fosters "smart growth" by encouraging greater redevelopment investment in the City Center, in fulfillment of the Comprehensive Plan's goals and policies. Redevelopment of currently vacant and/or under-utilized City Center land for residential and mixed-use development may provide the following, and other, benefits to City residents: . The City Center is more capable of accommodating demands for future residential growth, relieving pressure on the neighborhoods for additional and/or denser development; . The City Center is adjacent to Interstate 5 and serves as a regional transit hub. New residential development in this location is, therefore, very well served by both conventional and mass transportation modes, thereby reducing the relative traffic impacts of such new development on the remainder of the City; . The potential for development of high-rise residential may trigger greater interest in City Center redevelopment. Through redevelopment of currently under-utilized City Center parcels, these and surrounding parcels see substantial appreciation in assessed value. Consequently, as more and more redevelopment occurs, the City Center incrementally contributes more to the City tax revenues and shoulders an increasing percentage of the overall City tax burden; . The development of higher-density residential uses in the City Center increases the likelihood that a fuller array of retail goods and services will have a ready market of consumers, thereby increasing the array of such goods and services for all City residents; . The development of higher-density residential uses in the City Center also increases the likelihood that the Federal Way Transit Center will see greater usage, thereby increasing the likelihood that future investments in transit enhancements will be seen favorably by regional decision makers. Additionally, with Alternative 2 (200-foot limit) the proposal to limit floor-plates above 145 feet to 80% of the area of the floor-plates below 145 feet offers mitigation of upper-level height and bulk. In summary, the proposed zoning code text amendment satisfies the codified criteria for consideration of Memo to Planning Commission City Center-Core Height Limit Increase October 10, 2006 Page 7 of8 zoning text amendments. Statements Pro and Con for Each of the Two Height Limit Options 145 feet Pros: · This proposal would provide an additional incentive for multifamily and mixed-use development over the existing height limit; · This proposal would incrementally raise the height limit for multifamily structures to equal the maximum height limit for commercial buildings and, as such, would not exceed the current height limit. The additional height, bulk and scale associated with taller residential structures would not be realized. Cons: . This proposal would provide less flexibility to provide a range of housing options on a particular site than the 200-foot height limit; '. . This proposal could provide less financial feasibility for high-rise construction by providing a lesser amount of additional floors above the existing height limit to justify the high-rise construction type. 200 feet Pros> · This proposal would provide even greater incentive for multifamily and mixed-use development over the existing height limit. It is anticipated that this level of additional development (approximately 12 additional stories) would provide substantial opportunity to provide sufficient higher-priced, view dwelling units to help justify the higher high-rise construction costs; · This proposal would provide greater flexibility to a site to accommodate a range of housing types: low-rise, mid-rise and high-rise. . Cons: · This proposal would create greater height, bulk and scale impacts by allowing for residential towers to rise above commercial towers in the City Center. The accompanying proposal to limit floor-plates above 145 feet to 80% of the floor-plate area below the 145-foot level helps to mitigate this upper-level height and bulk. Staff Recommendation Given that the purpose of a higher height limit for multifamily and mixed-use buildings in the City Center is intended to create greater incentive for redevelopment of City Center parcels, staff believes that the greater the incentive, the more likely such redevelopment will occur. The 200-foot height limit provides this greater incentive, both due to the higher height justifying the costs of high-rise construction, as well as the ability to provide a greater range of housing product. While the taller residential and mixed-use buildings would create greater height and upper-level bulk in the future City Center skyline, staff believes that the generally slimmer profile of residential floor-plates versus commercial floor-plates may provide sufficient compensation for somewhat higher height (up to 55 feet Memo to Planning Commission City Center-Core Height Limit Increase October 10,2006 Page 8 of8 taller than commercial construction). 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