Planning Comm MINS 12-07-2005
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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
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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
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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.