Planning Comm MINS 02-03-1999 SUMMARY
Commissioners present: Robert Vaughan (Chair), Dean Greenough, Karen Kirkpatrick, William
Drake, John Caulfield, Eric Faison, and Jim Sempek. Commissioners absent: none. Alternative
Commissioners present: Hope Elder, Ed Soule, and Sophia McNeil. Alternative Commissioners
absent: Adebola Adekoya. Staff present: Community Development Services Director Stephen
Clifton, City Attorney Londi Lindell, and Administrative Assistant E. Tina Piety.
Chair Vaughan called the meeting to order at 7:00 p.m.
APPROVAL OF MINUTES
The minutes of December 2, 1998, were approved.
AUDIENCE COMMENT
None.
ADMINISTRATIVE REPORT
Mr. Clifton introduced himself as the new director of Community Development Services. He
informed the commission that the American Planning Association’s National Planning
Conference will be held in Seattle this year (April 24-28). The department will fund a spot for the
commission that the commissioners can share among themselves. The commissioners will be
sent a copy of the program so that they may work out a schedule.
EXECUTIVE SESSION
At 7:06 p.m., Chair Vaughan announced that the Planning Commission would be in Executive
Session until 7:30 p.m., pursuant to RCW 42.30.110(1)(i), in regards to potential litigation. At
7:30 p.m., Ms. Piety announced that the Executive Session would continue for an additional ten
minutes. The session was concluded at 7:40 p.m.
COMMISSION BUSINESS - Public Hearing: Adult Entertainment Amendments
The Public Hearing opened at 7:46 p.m. Mr. Clifton gave the staff presentation. Adult
Entertainment within the city is regulated by the Federal Way City Code, Chapter 22. There are
currently six such facilities in Federal Way (see Exhibit C of the staff report). Studies have
shown that there are adverse secondary effects from adult retail establishments, such as increased
crime rates, depreciation of property values, discarded pornographic literature which could
become available to minors, etc. The proposed amendments are intended to mitigate/minimize
these adverse secondary effects, while protecting reasonable alternative avenues of
communication. Mr. Clifton went over the City of Federal Way Comprehensive Plan (FWCP)
goals that support the proposed amendments (see the staff report). He stated that additional
FWCP policies (not included in the staff report) include:
City of Federal Way PLANNING COMMISSION
February 3, 1999 City Hall
7:00 p.m. Council Chambers
Planning Commission
February 3, 1999 2
City Center Policy #8 - “Establish guidelines that list compatible uses.”
City Center Policy #12 - “Develop guidelines that ensure effective transitions between
different land uses and higher and lower densities.”
Mr. Clifton went over the proposed amendments as outlined in the Planning Commission Staff
Report and the criteria that must be met to amend the Federal Way City Code.
Ms. Lindell presented the commission with a handout stating additional language to the “sunset
clause,” Section 22-338.2. The additional language allows for a possible extension to the one
year amortization period for those with extreme economic hardship based on an irreversible
financial investment made prior to the time the public was first made aware that this amendment
was proposed, specifically, February 1, 1999. The question arose as to how long of an extension?
How long would the process take? In addition, who determines what is an economic hardship?
Ms. Lindell replied that this would be an administrative process and the time line would be
decided by the Community Development Services Director. The commission asked if this sunset
clause is modeled in other jurisdictions. The staff will research this question.
Would these amendments affect other adult services (i.e. massage businesses)? The amendments
would only affect those business that met the definition of an adult entertainment, activity, retail,
or use. Are the changes similar to other jurisdictions and will they not raise the risk of secondary
impacts? There is a wide variety of regulations between jurisdictions. The city has based the
changes on what are “reasonable” alternative avenues of communication. The 500 feet setback
between establishments would not allow clustering. Concern was expressed that 500 feet is less
than other cities (see Exhibit H of the staff report) and the city could require at least 660 feet.
Staff will research increasing the setback to 660 feet.
Did the city consider any other zones? Staff will research this further. Ms. Lindell noted that
residential comes very close to Pacific Highway South, making most if it untenable for adult
establishments.
The Public Testimony was opened at 8:25 p.m. There was no public comment. The Public
Testimony was closed at 8:26 p.m.
It was m/s/c to continue the Public Hearing to February 17, 1999, at 7:00 p.m. in the City Hall
Council Chambers.
ADDITIONAL BUSINESS
Chair Vaughan announced that the Planning Commissioners have been invited to the Boys and
Girls Clubs Breakfast.
AUDIENCE COMMENT
None.
ADJOURN
It was m/s/c to adjourn the meeting at 8:28 p.m. K:\COMMON.AD\ADMIN1\PLANCOM\1999\020399S.WPD