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Planning Comm MINS 07-16-2003K:\Planning Commission\2003\Meeting Summary 07-16-03.doc City of Federal Way PLANNING COMMISSION Regular Meeting July 16, 2003 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: John Caulfield, Hope Elder, Dave Osaki, Grant Newport, Bill Drake, and Dini Duclos. Commissioners absent (excused): Marta Justus Foldi. Alternate Commissioners present: Lawson Bronson, Merle Pfeifer, and Christine Nelson. Alternate Commissioners absent: Tony Moore (unexcused). Staff present: Community Development Services Director Kathy McClung, Code Compliance Officer Martin Nordby, Consultant Janet Shull, Assistant City Attorney Karen Jorgensen, and Administrative Assistant E. Tina Piety. Chair Caulfield called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES It was m/s/c to adopt the June 18, 2003, minutes as presented. AUDIENCE COMMENT None. ADMINISTRATIVE REPORT None. COMMISSION BUSINESS PUBLIC HEARING – Oversized Vehicle Code Amendment Mr. Nordby presented the staff report. He stated that the purpose of the amendment is to add a definition for commercial vehicles and to revise the code to be more specific to commercial vehicles and more accommodating to recreational vehicles. He has incorporated the Planning Commission concerns made at the Workshop. In answer to a question, he stated that of some 66 complaint cases in the last 13 years, eight are still open that have to do with oversized vehicles, and all but one concerns commercial vehicles. The meeting was opened for Public Testimony at 7:07 p.m. Marie Sciacqua, Federal Way Homeowner – She has owned a home here since 1976 in an area that does not have any covenants, and therefore, depends upon the City to help maintain the neighborhood. She showed the Commission pictures of various “commercial” vehicles that have been parked in her neighborhood by a particular neighbor. There have been different vehicles at different times, and the current neighbor is parking an older vehicle that is very noisy and an eyesore. She lives on a cul-de-sac and at times the vehicles have caused sight-distance problems. There are a number of children in the neighborhood and she is concerned that the current vehicle does not have a back-up alarm to warn the children (and others) that it is backing up. She Planning Commission Minutes Page 2 July 16, 2003 K:\Planning Commission\2003\Meeting Summary 07-16-03.doc/Last printed 1/10/2005 2:54 PM commented that when she tried to deal with this neighbor, her boyfriend’s car was egged. She has called the police when appropriate, but this issue is a low priority for them. She feels this amendment is a step in the right direction. Lawson Bronson, Alternate Planning Commissioner – He sees two problems with this amendment. First, it does not identify any citizen who is requesting the change and he feels changes to the code should be sought by citizens and not be initiated by City staff. His second concern is that the City should not be making something illegal that has been legal for many years. He stated that he purposely bought in an area without covenants so that he would not be restricted. Commissioner Osaki asked what recourse does someone have to store/park a commercial vehicle? There are exemptions for particular reasons (such as loading and unloading), but because staff added “Except for commercial vehicles…” to the exceptions section, there will be no exceptions for commercial vehicles for long-term parking/storage. Large recreational vehicles and boats may be allowed pursuant to a use process review. He noted that in the last 13 years, no one has applied for an exemption. In response to an inquiry, Mr. Nordby commented that this code amendment would have a positive impact upon his workload because it will eliminate most of the recreational vehicle complaints and will allow him to resolve citizen’s concerns. Ms. McClung responded to Mr. Bronson’s concern regarding City staff initiating code amendments. She commented that since staff uses the code on a daily basis, it is part of their responsibility to be aware of and identify any problems or issues with implementation of the code. A list is kept that is updated as problems and/or issues arise. At the beginning of the year, this list goes to the City Council, who prioritizes the problems/issues, and thereby develops the Planning Commission Work Program. Mr. Nordby was asked why the 10,000 GVW limit? He replied that is the weight of the larger personal pick-ups. Commissioner Hope commented that she feels that most problems have to do with vehicles parked on the street, which is a police issue, and therefore, she does not support this code amendment. Other commissioners expressed their concern that there is no provision for long-term parking/storage of commercial vehicles. It was m/s/c (four yes, one no, one abstain) to adopt the proposed text amendment with the change of adding commercial vehicles to the exceptions through a Process III. PUBLIC HEARING – Changes to Neighborhood Business Use Zone Charts Code Amendment Ms. Shull delivered the staff report. These code amendments are in response to a citizen’s request for the following text amendments: 1) Add churches, synagogues, and other places of worship to the permitted uses in the Neighborhood Business (BN) zone. 2) Increase the allowable density from 12 dwelling units per acre to 24 dwelling units per acre and remove restrictions for multiple family on the ground floor in the BN zone. 3) Add health clubs to the permitted uses in the BN zone. 4) Add batting cages to the permitted uses in the BN zone. Planning Commission Minutes Page 3 July 16, 2003 K:\Planning Commission\2003\Meeting Summary 07-16-03.doc/Last printed 1/10/2005 2:54 PM After researching the requests, City staff made these recommendations: 1) Recommend that the BN Use Zone Charts be amended to add churches, synagogues, and other places of worship as a permitted use. A new use zone chart for this use was developed. 2) Recommend that FWCC Section 22-725 be amended to increase the allowable density to one unit per 2,400 square feet of lot area, or 18 units per acre. While this is less than was asked for, it would bring the allowable density to the same standard as that currently permitted in the Community Business zone. Allowing multiple family on the ground floor in the BN zone would be inconsistent with how multiple family is permitted in the other mixed-use zones in the City. 3) Recommended that health clubs up to 25,000 square feet in size be allowed in the BN zone. This use would be added to FWCC Section 22-722. 4) Recommend that “retail establishment providing entertainment, recreational, or cultural services or activities” be added to the permitted uses in FWCC Section 22-722, with a maximum square footage of 25,000 square feet. There was no public testimony. Commissioner Duclos commented that when batting cages were proposed for Celebration Park, many complaints were made about the possible noise and lights. Ms. Shull replied that this would be an indoor facility. Commissioner Newport commented that batting cages tend to draw from the entire region, not just the neighborhood. This goes beyond the intent of the BN zone. Ms. Shull replied that is why the size is restricted to 25,000 square feet, in the belief that a small facility would not have a regional draw, but a neighborhood draw. Chair Caulfield commented that the City should not allow “just anything” in the BN zone, but rather should encourage redevelopment. It was m/s/c (unanimous) to adopt staff recommendation #1 in regards to allowing churches, synagogues, and other places of worship as a permitted use. It was m/s/c (unanimous) to adopt staff recommendation #2 in regards to increasing the allowable density to one unit per 2,400 square feet of lot area, or 18 units per acre. It was m/s/c (two no, four yes) to adopt staff recommendation #3 in regards to allowing health clubs up to 25,000 square feet in size. Commissioner Osaki expressed concern that a large health club will draw from outside of the neighborhood and if open 24 hours, could be a nuisance at night. It was m/s/f (three no, three yes, a tie always fails) to adopt staff recommendation #4 in regards to allowing “retail establishment providing entertainment, recreational, or cultural services or activities.” It was felt the size was not neighborhood friendly. ADDITIONAL BUSINESS None. AUDIENCE COMMENT None. ADJOURN The meeting was adjourned at 8:37 p.m.