Planning Comm MINS 06-06-2001
City of Federal Way
PLANNING COMMISSION
Regular Meeting
June 6, 2001 City Hall
7:00 p.m. Council Chambers
MEETING SUMMARY
Commissioners present: John Caulfield, Hope Elder, Sophia McNeil, Dini Duclos, and Dave Osaki.
Commissioners absent (excused): Bill Drake and Nesbia Lopes. Staff present: Senior Planner Margaret
Clark, Contract Senior Planner David Graves, Assistant City Attorney Karen Kirkpatrick, and
Administrative Assistant E. Tina Piety.
Chairman Caulfield called the meeting to order at 7:00 p.m.
It was m/s/c to amend the agenda to add a special election for chair and vice-chair after the approval of the
minutes.
APPROVAL OF MINUTES
The April 18, 2001, meeting summary was approved as presented.
ELECTIONS
John Caulfield was nominated for Chair. There were no other nominations. The vote was held and it was
unanimous in favor of him. Hope Elder was nominated for Vice-Chair. There were no other nominations.
The vote was held and it was unanimous in favor of her.
AUDIENCE COMMENT
Mark Clirehugh, Federal Way Chamber of Commerce – He presented a letter (attached) and
spoke to the proposed 25% Trigger code amendment, which will come to the Planning
Commission in the future. He commented that there is a dichotomy over who pays for what
(public vs. private). The Chamber’s Economic Vitality Committee studied this issue and is
presenting the recommendations outlined in the letter to the city. The chamber feels the private
sector bears an unfair amount of the cost of street improvements. Their recommendations are as
follows:
1. The 25% trigger should remain unchanged.
2. Currently, the 25% trigger comes into play when improvements are made to the
structure itself (i.e. if the structure improvements exceed 25%). This should be
broadened to include the total assessed value of both land and improvements.
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3. Interior tenant improvements should be excluded.
4. The business owner’s amount of street frontage improvements should be calculated
based on just the city’s proportioned amount, excluding federal, state, and county
contributions.
5. Allow landowner to spread out the payment over time. There are mechanisms that can
be used for this.
ADMINISTRATIVE REPORT
The Mega-Church code amendment went to the council’s Land Use/Transportation Committee on
Monday, June 4, 2001. They continued the topic to June 18.
Ms. Clark announced the meeting on June 20 will be a public hearing on Phase II of the Miscellaneous
Code Amendments. She asked the commission, since July 4 (our next regular meeting date) is a holiday,
would they like to meet on July 11? The commission discussed the issue and decided there was no
compelling reason to hold a special meeting and would simply meet on July 18 as scheduled.
COMMISSION BUSINESS
PUBLIC HEARING – Regulate Nonconformance Created by Government Acquisition of Property
for Right-of-Way Expansion
Mr. Graves gave the staff report. He started out by giving some corrections to the staff report and
ordinance. On page 1 of the staff report, the last sentence of the last paragraph should read, “…as the sign
is altered, and or the alteration of the structure exceeds 75 percent….” On page 3 of the staff report, the
first sentence of the paragraph under decisional criteria #2 should read, “…upgrade existing structures and
replace signs….” And the sentence under decisional criteria #3 should read, “…renovate structures and
replace signs….” On page 9 of the ordinance, the third sentence from the top of the page should end,
“…designation; and or….” On page 11 of the ordinance, the third sentence from the top of the page should
read, “…shall not be counted towards the 50 75 –percent threshold which….”
Mr. Graves went on to answer the questions Commissioner Osaki had sent by e-mail. They are as follows:
1. The last sentence in the staff report “Background” on page 1 says “Signs, which become non-
conforming due to right-of-way acquisition, will be considered legal non-conforming signs until such
time as a sign is altered and the alteration exceeds 75 percent of the assessed value of the structure.”
In the draft ordinance, FWCC 22-335 i.3 (proposed) “Loss of legal nonconforming sign status,” I
don’t see any provision that states one loses non-conforming status if the sign is altered at 75%.
Proposed FWCC 22-335i.3 ties the loss of nonconforming status of a sign, as I read it, to exceeding
the 75% threshold to the structure or improvement that houses or supports the use associated with the
non-conforming sign and not the sign itself. Is this the intent?
Staff Response: The sentence in question should have read, “…as the sign is altered, and or the
alteration of the structure exceeds 75 percent….”
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2. Also, proposed FWCC 22-335 i.3.a allows the change in the copy change in a “…center identification
or tenant directory sign....” I need clarity on what is meant by “center identification” but it implies
that if a sign face is changed out for a single business (i.e. Dave’s Coffee Shop becomes Margaret’s
Coffee Shop) that the new sign must be conforming whereas sign face changes to multi-tenant
businesses could be done while retaining non-conforming status.
Staff Response: It would not trigger the nonconformance.
3. I’m assuming that any businesses that have not yet complied with the city’s sign amortization
program are still illegal and would not benefit from this proposal (i.e. pole sign that should have come
down by now won’t get legal non-conforming status by virtue of this code change since it’s not legal
to begin with).
Staff Response: The assumption is correct in that this code amendment applies only to legal signs that
are made nonconforming due to the city acquiring property for right-of-way.
4. I’m assuming there is no ten year amortization period for non-conforming signs resulting from right-
of-way acquisition.
Staff Response: This is correct; there is no 10-year amortization period.
5. In proposed FWCC 22.335i.3.b and 22.339 2.q. there is reference to the 75% threshold. Does the city
want to specify the 12 month period for this threshold as it seems you do for other non-conforming
situations or is there a specific reason the reference to 12 months is left out.
Staff Response: No period is specified.
This code amendment raises the nonconformance trigger from 50 to 75 percent in those cases when, as a
result of acquisition of property by a governmental agency for right-of-way, existing building(s) on the
subject property become nonconforming as to the development regulations such as front yard setback or
landscape screening width and/or a sign becomes nonconforming because it is now too close to the edge of
the right-of-way.
The commission asked what options would a business owner have if the acquisition of right-of-way left
him or her without enough room to legally erect a new sign. Assistant City Attorney Kirkpatrick replied
that the business owner could apply for a Process I, which would allow placement of a new sign in the
required setback if the required criteria are met (see #2 on page 8 of the proposed ordinance). This would
save them the time and expense of requesting a variance.
The commission requested clarification. If a business owner did 70 percent improvements (thereby staying
under the 75 percent trigger), and then six-months later did 70 percent more, would the amendment allow
this? The staff replied that since the amendment does not have a time period associated with it, the
described situation could happen.
The commission asked for clarification of the meaning of tenant directory sign and center identification
sign. Ms. Cark read the definitions from the Federal Way City Code. They are as follows:
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Tenant Directory Sign means a sign for listing the tenants or occupants and then suite
numbers of a building or center.
Center Identification Sign means a building mounted or freestanding sign that identifies
the name and/or logo of a development containing more than one office, retail,
institutional or industrial use or tenant and which may separately identify the tenants.
Public Testimony was opened at 7:30 p.m.
Bob Cooper, Federal Way Chamber of Commerce – He asked for clarification that
improvements to the building that exceed 75 percent of the assessed value would trigger the
requirement to upgrade the sign. Assistant City Attorney Kirkpatrick replied that is correct. He
than asked what is the difference between the 25 percent trigger and the 75 percent trigger. Ms.
Clark responded that the 25 percent trigger applies to when the business owner or property
owner decide to make improvements. The 75 percent applies in cases where a government entity
has caused the building and/or sign to become nonconforming due to acquisition of right-of-way.
Mr. Cooper asked why is it 25 percent for the business owner and 75 percent for the city? He
requested the commission consider this issue.
The Public Testimony was closed at 7:32 p.m. The public hearing was closed at 7:33 p.m.
The commission discussed the proposed code amendment. It was m/s to recommend the adoption of the
proposed code amendment. A friendly amendment was made to include the corrections made to the
ordinance as stated by Mr. Graves at the beginning of his staff report. The motion carried (unanimous).
ADDITIONAL BUSINESS
Chairman Caulfield stated that he was at the LUTC meeting and presented the Planning Commission’s
report on the Mega-Church code amendment. Hope Elder and Nesbia Lopes also attended.
AUDIENCE COMMENT
None.
ADJOURN
The meeting was adjourned at 7:40 p.m.