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Planning Comm MINS 04-18-2007 K:\Planning Commission\2007\Meeting Summary 04-18-07.doc CITY OF FEDERAL WAY PLANNING COMMISSION April 18, 2007 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: Hope Elder, Merle Pfeifer, Lawson Bronson, and Wayne Carlson. Commissioners absent: Dave Osaki, Dini Duclos, and Bill Drake (all excused). Alternate Commissioners present: Kevin King, Caleb Allen, and Richard Agnew. Alternate Commissioners absent: none. Staff present: Community Development Services Director Kathy McClung, Senior Planner Margaret Clark, Senior Planner Lori Michaelson, Contract City Attorney Amy Jo Pearsall, and Administrative Assistant E. Tina Piety. Chairwoman Elder called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES Commissioner Bronson moved (and it was seconded) to approve the minutes of March 7, 2007, March 14, 2007, and March 21, 2007, as presented. The motion passed; no nays. AUDIENCE COMMENT None ADMINISTRATIVE REPORT None COMMISSION BUSINESS PUBLIC HEARING, continued – 2006 Comprehensive Plan Amendments and BP/BC Zoning Text Code Amendments Ms. Clark gave an overview of the issues the Commission has discussed to date. She explained that this evening the Commission will discuss the seven site-specific rezone requests and gave an overview of those requests. Staff recommends approval of all seven requests. Chairwoman Elder expressed concern that for Site-Specific Request #2, Trimble, the City Council chose to include two adjacent parcels that were not part of the original request and the owners of those parcels have informed the City that they do not want their parcels rezoned. She doesn’t think the City should rezone property the owners have stated they don’t want rezoned. Ms. Clark replied that because of the characteristics of these parcels, the rezone would not be a substantially change; it would result in only a name change for these two parcels. Ms. Pearsall commented that if the Commission should make a decision to not include these parcels, the City would have to analyze if not including them would result in spot zoning. Commissioner Agnew asked if there would be property tax implications if the properties were to be rezoned. Ms. Clark replied that she believes that the zone of a parcel is not a factor for assessing property tax; it is based on the value of buildings (or lack thereof). Planning Commission Minutes Page 2 April 18, 2007 K:\Planning Commission\2007\Meeting Summary 04-18-07.doc Public Testimony Vilma Taylor – Applicant for Site-Specific Request #5, Taylor, She commented that she is requesting this rezone so that her property would no longer be nonconforming. Barbara Napier – She spoke regarding Site-Specific Request #6, Lifeway Church. She agrees with the staff recommendation and thanked the staff for their work. When asked if they want to build a church, she responded that they do want to build a church and hope to use the funds generated by subdividing the property to finance the church. Doran Reano – He lives on 54th Avenue SW and spoke regarding Site-Specific Request #2, Trimble. He commented that he had purchased his property because it was relatively undeveloped and he felt the area would not be built-up. He doesn’t feel that the rezone would be a benefit to the neighborhood. They already receive a lot of traffic and noise in the area because of Dash Point State Park and are afraid this rezone would increase the traffic and noise. If they loose the trees between the neighborhood and the park, than campers and houses would be looking at each other. This part of SW 320th Street is very short and people dump their cars and garbage there. Currently, they know who drives by, but this request would change that. There is a lack of support from the City to maintain the roads in the area; they still have debris due to last winter’s windstorm. Under King County the zoning was 9.5 and he feels it was zoned Suburban Estates when the City incorporated in order to preserve the area and because it is close to the Dash Point Park campsite. Cheryl Harris – Owner of one of the parcels incorporated into Site-Specific Request #2, Trimble. She agrees with Mr. Reano. Currently, they have a buffer to the park, but she fears they will lose it. When she purchased the property she was assured there would be no further building in the area. She is also concerned about the effect upon the wildlife in the area (such as eagles and owls). She asked how would people access the new homes, would 320th be extended? Ms. Clark replied that the City does not have a proposed site plan, but they would likely be developed as flag lots. Jessie Cherian – He is the President of ST Fabrication. He read a prepared statement that he also handed out to the Commission (attached). He is requesting that the proposed Commercial Enterprise (CE) zone allow residential mixed-use. He stated it doesn’t make sense to not allow residential mixed-use, especially for properties surrounded by residential. The ability of his business to function and grow would be stopped by the proposed CE stipulation that properties south of 356th that adjoin residential will not be allowed fabrication or manufacturing uses. The consequence is that much of the property would sit undeveloped and over the next three years, cost the company millions. The only solution is to move the business, but the only developers interested in the property want to do mixed-use projects. He suggests that residential mixed-use be allowed in the proposed CE zone for areas south of 356th that adjoin a residential zone. Their neighbors would be appeased by having a mixed-use project as a neighbor instead of steel fabrication. Cameron Smock – He is the applicant for Site-Specific Request #4, Washington Memorial Park. He is in favor of the staff recommendation and thanked the staff for their work. He stated the proposed rezone does not adversely impact the property in any way. Danny Altizer – He is the Windermere agent for ST Fabrication. He stated that residential mixed-use would be the best way to market the property. He had been told that they would receive the best of both worlds with the proposed CE zone, but now the residential portion has been left out. The only interest they have received is from those who want residential mixed-use projects. Planning Commission Minutes Page 3 April 18, 2007 K:\Planning Commission\2007\Meeting Summary 04-18-07.doc Wally Costello – He is the applicant for Site-Specific Request #1, Quadrant. He supports the staff recommendation and would be happy to answer any questions Commissioners may have. (There were no questions.) Terry Trimble – He is the applicant for Site-Specific Request #2, Trimble. The property is well-wooded, which is why he purchased it in the first place. He comes from Alaska and wants relatively rural property. He would never strip the property of all its trees. His vision is to build a home on the back portion of his property that would not affect other properties. He has spoken to Hannah Rowe and Cheryl Harris (owners of the additional parcels) and assured them that he, Mr. Trimble, would pay any costs associated with this rezone request. There has been concern raised that four to five houses might be built as a result of this rezone and Mr. Trimble wants to assure people that he intends to have no more than two homes on his parcel. The area is served by septic systems and that limits the number of homes that can be built. He hasn’t considered the question of access. He has lived here near Dash Point Park for some 12 years and while he can hear people in the park, he cannot see them. He also commented that the amount of noise has not been a problem. He doesn’t plan on spending a lot of money on this project (being retired he doesn’t have a lot to spend), and that would also limit the amount of homes built. Cheryl Harris – She has talked to those who hold the Power of Attorney for Hannah Rowe (they didn’t attend because they didn’t think they could since they are not the property owners) and they stated that they had considered bringing water and sewer into the area. The cost would have been astronomical. It would not be feasible to bring more than one home into the area. Public testimony was closed. The Commission decided to vote separately on each aspect of the 2006 Comprehensive Plan Amendments and BP/BC Zoning Text Code Amendments. Site-Specific Rezone Request #1, Quadrant Commissioner Bronson moved (and it was seconded) to recommend the City Council adopt the staff recommendation. The vote was held and the motion passed; no nays. Site-Specific Rezone Request #2, Trimble Commissioner Pfeifer moved (and it was seconded) to recommend the City Council adopt the staff recommendation. The vote was held and the motion passed; no nays. Site-Specific Rezone Request #3, Gramor Commissioner Bronson moved (and it was seconded) to recommend the City Council adopt the staff recommendation. The vote was held and the motion passed; no nays. Site-Specific Rezone Request #4, Washington Memorial Park Commissioner Carlson moved (and it was seconded) to recommend the City Council adopt the staff recommendation. The vote was held and the motion passed; no nays. Site-Specific Rezone Request #5, Taylor Commissioner Pfeifer moved (and it was seconded) to recommend the City Council adopt the staff recommendation. Commissioner Pfeifer asked if Pat’s Plumbing was notified of this rezone request. Ms. Clark replied that she had spoken to Pat early in the process and she would have been notified as part of the 300-foot notices. The vote was held and the motion passed; no nays. Planning Commission Minutes Page 4 April 18, 2007 K:\Planning Commission\2007\Meeting Summary 04-18-07.doc Site-Specific Rezone Request #6, Lifeway Church Commissioner Pfeifer moved (and it was seconded) to recommend the City Council adopt the staff recommendation. Commissioner Carlson commented that this parcel is in an area the City is contemplating for an area-wide rezone and he believes this request should be part of that process so that the rezone is done in a more comprehensive manner. The vote was held and the motion failed; three yes, one no. The item moves forward with no recommendation. This is a land use Process IV review and a majority vote of the entire membership (four of seven members) is necessary to recommend approval of an item referred to the Commission for Process IV review. Site-Specific Rezone Request #7, Waller Road IV Associates Commissioner Bronson moved (and it was seconded) to recommend the City Council adopt the staff recommendation. The vote was held and the motion passed; no nays. BP/BC Zoning Text Code Amendments Ms. Michaelson had no staff report (in addition the previous reports), but she did have a handout and overview of a proposed minor text change dealing with the location of industrial uses in the CE zone. The proposed change affects Special Note #1 of the CE Use Zone Chart, Sections 22-861, -862, -863, and -864. It is proposed to replace the words “south of south 356th Street,” with “low or medium density residential zones.” The modified text more accurately reflects the code intent to protect such zones from the impacts of industrial uses wherever they occur in the CE, not just south of South 356th Street. The change would still not allow industrial uses on most properties located south of South 356th Street (except between Enchanted Parkway and I-5), so ST Fabrication would still become nonconforming. The change would also not allow industrial uses on properties west of Highway 99 between South 348th and 356th Streets. However, the effect is minimal, as most of these properties are unsuitable for industrial uses, as they are already developed or constrained by critical areas or property size. No other changes are proposed to the previous staff recommendation, which now awaits Planning Commission discussion and action. Commissioner Bronson requested further discussion about allowing residential mixed-use (specifically senior housing and special needs) on properties south of South 356th Street. Commissioner Carlson commented that he does think residential mixed-use development is appropriate south of South 356th, if adjacent to low or moderate residential zones. Commissioner Bronson commented that he is not happy when a use is made nonconforming. He does not see a problem with residential next to industrial. There would be problems and issues, but these can be worked out. Commissioner Pfeifer asked Mr. Cherian to clarify his intentions. Will he sell the property? Jessie Cherian – He stated that because of the zoning change and complaints from the neighbors, he will move the business. He needs to sell the property, but as he has stated before, the prospective buyers (they have four standing offers) want to be able to do residential mixed-use projects. Staff has suggested he seek a rezone for his property, but it would not be financially feasible for him to stay for the years this process would take. Commissioner Bronson moved (and it was seconded) to recommend the City Council adopt the staff recommendation with a modification to allow residential mixed-use on properties south of South 356th Street that adjoin/abut residential zones. Commissioner Pfeifer asked would it be possible to apply the modification to just the ST Fabrication property. Ms. Pearsall replied that the modification as proposed would do just that. Commissioner Carlson asked what kind of density is proposed for the modification: eight units? 30 units? He asked if staff has analyzed the effects of such a change. Ms. Michaelson commented that under current BP zoning, only senior housing is allowed, with no specific density limit. The relevant chapters of the 2006 comprehensive plan have been amended to state that residential is not contemplated in CE due to industrial and other incompatible uses. Also, SEPA review did not consider residential uses. Commissioner Pfeiffer stated he thinks there should be a more comprehensive review of the impacts of allowing residential in the CE zone: density, development regulations, etc. The vote on the modification was held and the motion failed; two yes, two no. Planning Commission Minutes Page 5 April 18, 2007 K:\Planning Commission\2007\Meeting Summary 04-18-07.doc Commissioner Bronson moved (and it was seconded) to recommend the City Council adopt the staff recommendation. The vote was held and the motion failed; three yes, one no. (The motion failed because it needed four yes votes to be approved.) This item will move forward with no recommendation. 2006 Comprehensive Plan Amendments – Area Wide Rezone This item is a change of the boundaries of the BC/CE zoning districts and a rezone of Mitchell Place to RM2400. Staff stated that the map had been changed to retain RM3600 zoning for the roadway parcel owned by Christian Faith Center. Commissioner Pfeifer moved (and it was seconded) to recommend the City Council adopt the staff recommendation, with the proposed change to retain RM3600 zoning for the roadway parcel owned by the Christian Faith Center. The vote was held and the motion passed; no nays. 2006 Comprehensive Plan Amendments – Chapter and Map Changes Commissioner Bronson moved (and it was seconded) to recommend the City Council adopt the staff recommendation for the comprehensive plan map changes for chapters 3, 8, 9, and 10. The vote was held and the motion passed; no nays. Commissioner Bronson moved (and it was seconded) to recommend the City Council adopt the staff recommendation for the comprehensive plan chapters 1, 2, 4, 6, and 7, and the table of contents. The vote was held and the motion passed; no nays. The public hearing was closed. ADDITIONAL BUSINESS The next Commission meeting is May 2nd. It will be a public hearing on amendments to the Conditions of Approval for the Village at Federal Way (Kitt’s Corner) project. AUDIENCE COMMENT None ADJOURN The meeting was adjourned at 9:05 p.m.