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Planning Comm MINS 12-07-2005 K:\Planning Commission\2005\Meeting Summary 12-07-05.doc CITY OF FEDERAL WAY PLANNING COMMISSION December 7, 2005 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: John Caulfield, Hope Elder, Dave Osaki, Merle Pfeifer, and Dini Duclos. Commissioners absent: Bill Drake and Lawson Bronson (excused). Alternate Commissioners present: none. Alternate Commissioners absent: Pam Duncan-Pierce (unexcused) and Richard Agnew (excused). Deputy Mayor Linda Kochmar also attended. Staff present: Development Services Director Kathy McClung, Economic Development Director Patrick Doherty, Assistant City Attorney Amy Jo Pearsall, Senior Planner Lori Michaelson, and Administrative Assistant E. Tina Piety. Chair Caulfield called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES Commissioner Elder moved (and it was seconded) to adopt the November 16, 2005, minutes with corrections (Commissioner Pfeifer’s name was misspelled). The motion carried (five yes). AUDIENCE COMMENT None ADMINISTRATIVE REPORT Ms. McClung informed the Commission that the City Council voted last night to extend the Interim Zoning Ordinance to May 2006. State law requires such interim ordinances to be extended in six-month increments. The City plans to complete the City Center Code amendments by the end of February. COMMISSION BUSINESS PUBLIC HEARING – City Center Code Amendments, Continued Ms. Michaelson delivered the November 30, 2005, staff report. The report addressed questions and concerns raised at the last Planning Commission public hearing of November 16, 2005, and comprehensive plan policies that have been updated and added to the main staff report. Of the 27 individual proposed amendments, the Commission needs to make decisions on numbers 1A, 1B, 3A, and 8B. In addition, at the last meeting, they voted to revisit proposed amendments numbers 4A and 4B. Proposed Amendments #1A and #1B – Prohibit Inconsistent Land Uses Proposed amendment #1A deals with prohibiting gambling and proposed amendment #1B deals with prohibiting second-hand merchandise sales. The Commission was split with some members opposed to gambling and others supportive of “up-scale” gambling. It was suggested the Commission consider gambling as an accessory use. Ms. Pearsall informed the Commission that the state regulates gambling and the only decision the City can make is to either allow or not allow gambling. Commissioner Bronson’s comments were read into the record. It was decided to come back to this issue. Planning Commission Minutes Page 2 December 7, 2005 K:\Planning Commission\2005\Meeting Summary 12-07-05.doc Commissioner Duclos moved (and it was seconded) to recommend adoption of proposed amendment #1B with the addition of the staff’s updated definition for “retail sales, second-hand merchandise,” and new definition for “antique or collectible,” as stated in the November 30, 2005, Planning Commission staff report. The vote was held with five yes, and the motion passed. Proposed Amendment #3A – Building Height Commissioner Duclos moved (and it was seconded) to recommend adoption of proposed amendment #3A as written. Commissioner Osaki expressed his concern over 40 foot buildings next to single-family residences and moved (and it was seconded) that the motion be amended to maintain the 30-foot height next to single-family residential areas. Mr. Doherty commented that this means that buildings cannot exceed 30 feet in height at any point within 100 feet of a residential zone (beyond the 20-foot setback). Commissioner Osaki withdrew his amendment. Commission Osaki then moved (and it was seconded) that the motion be amended to maintain the 30- foot building height (with a 20-foot setback) up to 40 feet from the property line, but allow a 40-foot building height between 40 feet and 100 feet from the property line. The vote for the amendment was held with five yes, and the amendment passed. The vote for the main motion as amended was held with five yes, and the main motion has amended passed. Proposed Amendments #4A and #4B – Single-Story Buildings Commissioner Bronson’s comments were read into the record. Commissioner Osaki asked staff what response they have received from citizens in regards to the 20,000 square foot single-story building limitation. A number of meetings have been held with property owners, business owners, and the Chamber of Commerce. Mr. Doherty commented that at these meetings, staff received comments from some citizens who felt the proposed amendments could work and others who do not want any restrictions to buildings. Ms. McClung commented that some of the citizen’s concerns were addressed with the proposed amendments that deal with nonconformances. Some Commissioners reiterated their concerns that adopting these proposed amendments would be inconsistent with the Federal Way Comprehensive Plan. Commissioner Elder moved (and it was seconded) to recommend approval of proposed amendments #4A and #4B with a recommendation that the comprehensive plan be changed in order to be consistent. The vote was held with three yes and two no. There must be a majority of the entire Commission (four yes votes) to recommend approval of an item. Given this, the motion failed. Commissioner Duclos moved (and it was seconded) that proposed amendments #4A and #4B be sent forward to the Land Use/Transportation Committee with no recommendation from the Planning Commission. The vote was held with five yes, and the motion passed. Proposed Amendment #8B – Nonconforming Development This proposed amendment is a companion to proposed amendments #4A and #4B. In light of this, Commissioner Osaki moved (and it was seconded) that proposed amendment #8B be sent forward to the Land Use/Transportation Committee with no recommendation from the Planning Commission. The vote was held with five yes, and the motion passed. Proposed Amendment #1A – Prohibit Inconsistent Land Use (Gambling) After further discussion, Commissioner Osaki moved (and it was seconded) to not recommend approval of proposed amendment #1A as written (this means gambling would be allowed). The vote was held with two yes and three no, and the motion failed. Commissioner Duclos moved (and it was seconded) that proposed amendment #1A be sent forward to the Land Use/Transportation Committee with no recommendation from the Planning Commission. The vote was held with five yes, and the motion passed. Commissioner Duclos moved (and it was seconded) to close the Public Hearing at 7:55 p.m. The vote was held with five yes, and the motion passed. Planning Commission Minutes Page 3 December 7, 2005 K:\Planning Commission\2005\Meeting Summary 12-07-05.doc ADDITIONAL BUSINESS Ms. McClung asked the Commission if they would be available for a dinner meeting on January 18, 2006, at 6:00 p.m. Commissioner Osaki will not be able to attend, but the other Commissioner in attendance can be there. There will be a discussion of the 2006 Work Program with the dinner. Chairman Caulfield announced his resignation, effective January 6, 2006. He has accepted the position of City Manager for Mountlake Terrace and will be moving there. Chairman Caulfield told the Commissioners that it was a tremendous opportunity for him to work with them and to get to know them. He also thanked Kathy McClung and other City staff for their professional work. The Commissioners expressed their appreciation of Chairman Caulfield. AUDIENCE COMMENT None ADJOURN The meeting was adjourned at 8:00 p.m.