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Planning Comm MINS 03-17-2004K:\Planning Commission\2004\Meeting Summary 03-17-04.doc City of Federal Way PLANNING COMMISSION Regular Meeting March 17, 2004 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: John Caulfield, Hope Elder, Dave Osaki, Dini Duclos, Bill Drake, and Marta Justus Foldi. Commissioners absent: Grant Newport (excused). Alternate Commissioners present: Christine Nelson Lawson Bronson, and Merle Pfeifer. Alternate Commissioners absent: Tony Moore (excused). City Council present: Mayor Dean McColgan, Council Members Eric Faison and Jeanne Burbidge. Staff present: Community Development Services Director Kathy McClung, Community Development Services Deputy Director Greg Fewins, Senior Planner Margaret Clark, Associate Planner Isaac Conlen, Assistant City Attorney Karen Jorgensen, Management Services Director Iwen Wang, Traffic Engineer Rick Perez, Surface Water Manager Paul Bucich, Parks, Recreation, & Cultural Services Director Jennifer Schroder, Parks, Recreation, & Cultural Services Deputy Director Kurt Rueter, Contract Planner Janet Shull, Jones & Stokes Gregg Dohrn, Jones & Stokes Lisa Grueter, 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 March 3, 2004, minutes as presented. AUDIENCE COMMENT None. ADMINISTRATIVE REPORT None. COMMISSION BUSINESS PUBLIC HEARING – Potential Annexation Area (PAA) Subarea Plan Mr. Dohrn delivered a presentation on the background of the PAA. He stated these hearings address: 1) the draft PAA Subarea Plan; 2) amendments to that plan (site-specific requests); and 3) the new Freeway Commercial zoning designation. These hearings do not address the annexation process. Ms. Grueter delivered a presentation on the purpose and process of the PAA Subarea Plan. The Commission discussed annexations. The current City Council policy is to wait to hear from citizens if they have an interest in annexation. Since incorporation, the City has annexed three areas; two resulted in a net surplus to the City and one in a net loss, with an altogether net surplus. There would be an increase in taxes to areas that choose to annex to the City because of the City’s utility tax, but they would gain a higher level of service. It was noted that the PAA Subarea Plan is not a mechanism to annex areas, but designates the future zoning for areas if they choose to annex to the City. Planning Commission Minutes Page 2 March 17, 2004 K:\Planning Commission\2004\Meeting Summary 03-17-04.doc/Last printed 10/18/2004 2:54 PM PUBLIC HEARING – New Freeway Commercial Zoning Classification Ms. Shull delivered the staff presentation. This new zoning classification is being considered to: provide unique development opportunities along the I-5 and SR18 corridors; capture retail markets not currently strongly represented in Federal Way; and capture significant tax revenue. An owner of property in the PAA requested Commercial Business (BC) zoning, but staff felt it was inappropriate. Reasons for this are: Federal Way already has a lot of land designated commercial, adding to these could work against the City’s plans for the City Center, and the proposed Freeway Commercial zone has fewer uses. New signage designation is proposed for this new zone. If the Freeway Commercial zone were adopted, goals and policies would have to be added to the Federal Way Comprehensive Plan. Ms. Shull noted that the height for pole signs was corrected and changed from 20 to 15 feet. Commissioners expressed concern that this new zone would draw businesses away from Pacific Highway South. Ms. Shull commented that the trend seems to be to have enough land available so a number of different auto dealerships can congregate in an “auto-mall” setting. The Commissioners asked if that is really the image we want to have at the entrance to our City. The Commissioners asked if we are lacking in other retail areas, why not pursue them, as opposed to a new zone. The Commissioners asked if the staff has a map with all the parcels in the City that would be eligible for this new zone. The Commissioners want to be sure that this proposed zone would not allow “big-box” retail. The Commissioners would like to know if signs are allocated by parcel or use. PAA Site-Specific Requests Ms. Grueter went over the four site-specific requests. Commissioner Osaki asked that the record reflect that he works for the City of Auburn. Public Testimony was opened. Thor Hoyte – He represents the Davis site-specific request. He also submitted written comments. He feels this request is different from the other site-specific requests because there has been a business on this parcel since 1946. It has been an office use since 1979. The current King County zoning is almost the same as Federal Way’s Neighborhood Business (BN) zone. It is his understanding that part of the reason for zoning this residential is the belief that the property would not be able to meet Federal Way BN requirements. He feels the property can meet these requirements. He stated there is no way the current building could be turned into a home (it is only 900 square feet). There is no sewer and the lot is built-out. It is a corner lot, on a road that is not very busy. It has minimal signage, no parking problems, no egress or ingress issues, and no retrofit problems. It will stay as it is for the foreseeable future. Louise Davis – She purchased the property in 1998 and soon ran into legal problems with King County because it was not zoned for a business. It took a lot of time and effort, but the parcel was rezoned and she is now legal. It upsets her that she would again be illegal if the staff recommendation is adopted. Chuck Gibson – He spoke in regards to the Northlake request and represents the owners. Of 56 owners, 44 signed a petition in favor of RS 9.6, four did not, and eight were not available. The RS 9.6 zone better fits the neighborhood. Alan Ulnyg – He spoke in regards to the Davis request. He has known her for several years and watched her go through the legal hassles. He supports her request. He feels it is better for the community. Planning Commission Minutes Page 3 March 17, 2004 K:\Planning Commission\2004\Meeting Summary 03-17-04.doc/Last printed 10/18/2004 2:54 PM Gary Anderson – He spoke in regards to the Davis request. He feels the government is taking her property rights. He feels the land value of her property will go down if it is zoned residential. He knows the City wants to annex them and he doesn’t want the City to take her property rights by downzoning D&D Accounting. They are good for the community. She already went through the steps to be legal and now the City wants to change it back. It would close the business, ruin their retirement, and put employees out of work. Christy Field – She asked if it was true that King County wants to have them annex to Federal Way and they have no choice? She has lived here 40 years and does not want to be part of the City. The Commissioners wanted to make it clear that annexation would happen only if some citizens in the area ask the City to be annexed. BJ McMasters – He commented that he has 900 feet on freeway (on Military) and is happy with it. He wants to be in the County, not the City. He has a surface water problem that no one (county or state) has helped him with. Neil Goldingay – He is not impressed with the proposed Freeway Commercial zone. He is open to the idea of annexation. He feels King County has done a good job. He would love to see the City improve Military Road like Pacific Highway South and make it a safer road. He also stated that the intersection of 288th and Military needs work in regards to trash, empty buildings, and vandalism. Lee Rabie – He feels the City is taking the Davis property and his property. This will cost him ½ million dollars. He feels the City staff is mean-spirited and deceitful. King County staff is fairer and has more experts. He stated that the City’s permitting process is broken and gave the example of a church. He stated that he would fight if the City attempts to take his property. Norm Ingersoll – He stated that the map of the Rabie property is inaccurate because it shows a road that does not exist. Land is set aside for the road, but currently it is trees and open space. He is not favor of the proposed Freeway Commercial zone or annexation. We should not compete with Auburn, but work with them. Whatever happens, the 320th bridge over I-5 needs to be fixed. It is too congested. In addition, Military Road needs to be made safer. He feels the mailings on this issue were sporadic and few people knew of this meeting. He knows the City needs more money, but they should not seek more retail, but other kinds of businesses. Rick Reese – He thanked the Commission for listening to the comments. He said that cars make no sense for a bedroom community. He commented that the City should not think in the short- term. He feels the City doesn’t follow the mandate of the voters and cited Celebration Park as an example. The City needs to look at the carrying capacity of essential services. Sidewalks, water, etc. need to be in place before the City continues to develop. Michael Tischler – He spoke in regards to the Jackson request. He lives near the proposal. The topography that surrounds those lots is very different from the northeastern side. The proposed new Freeway Commercial zone would be better facing 320th, but not near the single-family lots on the northeast. Moore – She commented that an article in the paper said that annexing these areas would cost more than it is worth. She feels large signs by the highway would distract drivers. Planning Commission Minutes Page 4 March 17, 2004 K:\Planning Commission\2004\Meeting Summary 03-17-04.doc/Last printed 10/18/2004 2:54 PM Lawson Bronson, Alternate Planning Commissioner – Does the staff know how many parcels in the PAA have been rezoned from commercial? He feels the proposed Freeway Commercial zone is a separate issue and asked why are we creating a special classification for one request (Jackson), but not another (Davis)? He feels the PAA study should deal with the financial aspects but not the zoning, until such time an area actually annexes to Federal Way. He feels that this way we are imposing zoning on people who cannot vote for Federal Way Council Members. He asked if this is implemented, what would be the impact on people who want to change their zoning before their area annexes to Federal Way (if it ever does)? Ann Blackwell – She lives near the Davis property. She commented that the traffic is heavy on Military Road. There are times she feels she risks her life when pulling out of her driveway. Jackie Moore – She spoke to the impact on the Northlake area. She said it would cost more money to annex and it would come out of our pocket book (property owners). There was no further public testimony. Since the public hearings will be continued, further public testimony will be allowed. Chairman Caulfield read three letters into the record. The Commissioners asked about the way in which policies are stated. Some say, “City shall do this” and others say, “County shall do this,” what does this mean? The Commissioners asked who is and is not the governing body of the PAA? They asked that a representative from the County be invited to the next public hearing. They would like to know how many multi-family parcels are developed and undeveloped. They requested that the Freeway Commercial proposal be “tightened”; taking into account the issues raised at this meeting. They would like to know what water body feeds the wetland on the Jackson property and is there any opportunity for off-site mitigation? They would like an aerial photo of the Jackson site and BPA easement in order to gain a feel for how much of the site could be developed. It was m/s/c to continue the public hearings to Wednesday, April 7, 2004, in the City Council Chambers at 7:00 p.m. ADDITIONAL BUSINESS None. AUDIENCE COMMENT None. ADJOURN The meeting was adjourned at 9:53 p.m.