Planning Comm MINS 12-07-2011
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CITY OF FEDERAL WAY
PLANNING COMMISSION
December 7, 2011 City Hall
7:00 p.m. Council Chambers
MEETING MINUTES
Commissioners present: Merle Pfeifer, Hope Elder, Tom Medhurst, Wayne Carlson Tim O’Neil, Lawson
Bronson, and Sarady Long. Commissioners absent: none. Staff present: Planning Manager Isaac Conlen,
Senior Planner Deb Barker, Senior Planner Janet Shull, Planning Intern Alexa Heidrich, City Traffic
Engineer Rick Perez, Assistant City Attorney Peter Beckwith, and Administrative Assistant II Tina Piety.
CALL TO ORDER
Chair Pfeifer called the meeting to order at 7:00 p.m. Commission Carlson was excused to leave at 8:30.
APPROVAL OF MINUTES
The minutes of November 2, 2011, were approved as presented.
AUDIENCE COMMENT
None
ADMINISTRATIVE REPORT
Planning Manager Conlen announced that a year-end report will be presented at the first meeting in
January.
COMMISSION BUSINESS
PUBLIC HEARING – Proposed Amendments Related to Temporary Uses, FWRC 19.275
This is a continuation of the October 19, 2011, public hearing on this topic. Senior Planner Barker
delivered the staff report. In the staff report she discusses the issued raised by the Planning Commission
at the October 19, 2011, public hearing and staff responses to those issues. The issues are:
1. Duration of temporary uses in residential zones;
2. Duration of temporary uses in non residential zones;
3. Allowed duration for food trucks/carts;
4. Temporary use zoning; and
5. Regulation of temporary auto sales.
The hearing was opened for public comment.
Derek Ehlis, 714 SW 356th Place – Owner and operator of Olympia World. They operate a food
truck in a number of cities and been stationed at the Federal Way Farmer’s Market in the past.
Business has been good and they have received favorable feedback. They want to be a resource
for Federal Way festivals. He asked if the 45-day duration applies citywide or for a specific area.
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Planning Manager Conlen stated the 45-day duration (with a 15-day extension) applies citywide. He
clarified that if a food truck/cart operates 4 or fewer hours per day they are exempt from the temporary
use permit regulations (they are not limited to 45 days). However, if they operate more than 4 hours per
day, they must obtain a temporary use permit and are subject to the 45-day duration. In any case, they
must have a regular business license and if given a temporary use permit, they may need a temporary
business license as well (staff needs to research whether a temporary business license will be required).
Commissioner Medhurst asked if an applicant needs to have more than one temporary use permit if they
are located in more than one location. Planning Manager Conlen replied that currently they would need
more than one permit, but the city is working on temporary use permits and business licenses where more
than one location may be indicated.
1. Duration of temporary uses in residential zones.
The Commission requested that staff shorten the duration in order to avoid impacts to residential
neighborhoods. Staff suggested shortening the duration for a temporary use permit to seven (7) days
with one seven (7) day extension in residential zones. The Commissioners were pleased and agreed
by consensus to the staff suggestion.
2. Duration of temporary uses in non-residential zones.
The Commission feels 90 days is too long for a temporary use. They requested staff shorten the
duration and consider different durations for different uses. Staff researched requiring different
durations for different uses and concluded it would be too confusing to implement. Staff suggested
permitting all non-residential temporary uses for 45 days with one 15 day extension. The
Commissioners were pleased and agreed by consensus to the staff suggestion.
3. Allowed duration for food trucks/carts.
The Commission would like the staff to identify appropriate timelines for food trucks/carts to
operate in the City. Staff suggests that food trucks/carts be permitted consistent with temporary
uses: 45 days with one 15 day extension. After that they become permanent. The Commissioners
discussed their concern that an applicant may be required to have a regular business license and a
temporary business license; they feel an applicant should only be required to have one business
license. They also expressed concern that a food truck/cart would have to have more than one
temporary use permit if they operate in more than one location. It was clarified that for the Farmer’s
Market, the market needs a temporary use permit, but the vendors only need a business license.
Commissioner Medhurst asked if the exemption for food trucks/carts that stay in place less than
four hours also applies to similar type businesses, such as windshield chip repair. Senior Planner
Baker replied that the exemption only applies to food trucks/carts.
4. Temporary use zoning.
The Commission requested that temporary uses be limited to those zones where the use is already
allowed on a permanent basis (which is opposite of the current code requirement). Senior Planner
Baker noted that some temporary events (such as the Farmer’s Market) are not allowed in the City
Center-Core zone. Because of this, staff proposes two options: Option A would implement the
Planning Commission direction by permitting only temporary uses that are permitted under code,
although it does address special events. Option B would permit all temporary uses in all non-
residential zones, regardless if the use is permitted or not. This allows those special events to take
place, as well as temporary uses that may not be appropriate or allowed in a particular zone to be in
business for 45 days with a 15 day extension. Commissioner Carlson supports option B allowing all
uses in all zones with a short duration in residential zones. Commission Elder agrees.
Commissioner Medhurst is concerned that allowing temporary uses in all zones would allow a
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business to operate in a zone where they are currently not allowed. He feels option B is inconsistent
with what zoning criteria are meant to do. He supports option A. Commissioner Carlson
commented that he supports option B because the duration in residential zones has been tightened.
Commissioner Bronson pointed out that option B refers only to non-residential zones, while
Commissioners Carlson and Elder are referring to all zones. The current proposed amendments
would allow only certain types of temporary uses in residential zones. Commissioner Carlson
commented that he had misread option B and he supports allowing all temporary uses in all zones.
The other Commissioners support option A.
5. Regulation of temporary auto sales.
The Commission requested staff to consider limitation of temporary auto sales. Staff suggests two
options: Option A would not allow temporary car sales in the city and Option B would permit
temporary car sales consistent with temporary uses; the sales tax proceeds would be returned to the
city. Commissioner O’Neil asked how much of an issue car sales in the city are. They do not
happen very often, but according to public comment, when they happen they have a big negative
impact on car retailers in the city. Commissioner Bronson supports option B. He does not feel the
city should attempt to disallow a particular industry from temporary uses. He sympathizes with
brick and motor auto retailers in the city, but if you forbid just temporary auto sales in favor of
brick and motor auto retailers, who may be next? Commissioner Long also supports option B. He is
concerned that disallowing auto sales would have a negative impact on other businesses (such as
the mall that would lose rental fees for the use of their parking lot). Commissioner Elder supports
option B; since sales tax would be collected by the city. Commissioner Medhurst asked how the
city will collect the sales tax. Planning Manager Conlen replied that staff is currently unsure of the
mechanism of how to collect the sales tax, but will research the issue and ensure that sales tax is
collected. The remaining Commissioners also expressed support for option B.
Commissioner Bronson raised the concern that the way FWRC 19.275.120 090 is currently written is
unusable. It states only one container is allowed on a residentially zoned lot, but his experience is that
many (if not most) people will need at least two containers and he would like this to be changed. In
addition, in regards to FWRC 19.275.120 090(3), sometimes the only place a container will fit is in a side
or rear yard, or a critical area setback. He would like it changed to allow these areas to be used. Senior
Planner Barker suggested adding words to the effect of allowing the use these areas under special
circumstances approved by the director.
Commissioner Bronson moved (and it was seconded) to recommend approval of proposed amendments to
FWRC 19.275 (Exhibit A) as written with the following changes:
• For FWRC 19.275.030, delete number (3) and (3)(a) as follows:
“(3) Prohibited Uses.
(a) Temporary auto sales shall be prohibited within the city.”
• For FWRC 19.275.120 090, change number (1) to read as follows:
“(1) Residentially zoned lots are allowed only one two containers at any time.”
• For FWRC 19.275.120 090, change number (3) as follows:
“(3) Containers may should not be placed in required side yards, rear yards, or critical areas
setbacks, except under special circumstances allowed by the director, or interfere with safe sight
distance or traffic circulation in adjacent streets and sidewalks; and…”
There was no further discussion and the motion carried (one opposed, six in favor). The public hearing
was closed.
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PUBLIC HEARING – Proposed Amendments Related to Complete Streets, New FWRC 19.135.205
City Traffic Engineer Perez delivered the staff report. Commissioner Long recused himself as he is the
city’s Senior Transportation Planning Engineer. The proposed amendments will reinforce the city’s
commitment to ensuring infrastructure improvements are made with the consideration for safe and
convenient travel for multiple modes. Complete Streets are: designed and built for all users and therefore
serve everyone; are beneficial to pedestrians, bicyclists, transit users and drivers, and people with
disabilities, elderly persons, and children; and are safe, convenient, and accessible for all. The proposed
amendment will add a new section to FWRC Chapter 19.135, “Development Improvements,” that will
address Complete Streets. Having a Complete Streets provision positions Federal Way to be eligible to
participate in the Complete Streets grant program that will potentially fund planning, design, and capital
projects that improve mobility for multiple modes.
There was no public comment.
Commissioner Medhurst expressed concern that the proposed new section does not provide for economic
hardship. City Traffic Engineer Perez commented that four criteria for hardship are addressed in FWRC
19.135.070. Commissioner O’Neil asked who would be required to do the upgrades. City Traffic
Engineer Perez replied that the proposed new section will be incorporated into the Public Works
standards and these address when the city and/or developer is responsible for the upgrades. When a large
parcel is developed, the city takes the “context” into consideration. Meaning, if the nearest sidewalk is a
mile away, the city is unlikely to require the developer put in sidewalks.
Commissioner Carlson moved (and it was seconded) to recommend approval of the proposed amendment
with the removal of the word “their” from (2)(a) and (2)(c). There was no further discussion. The motion
carried (six yes, one recused). The public hearing was closed.
STUDY SESSION – Food Landscape and Food Access Policy
Senior Planner Shull delivered the staff report. She gave the Commissioners a memorandum from the
CPPW Food Access Team and UW Northwest Center for Livable Communities that outlines policy and
planning recommendations to increase access to healthy food in Federal Way. In addition, she provided a
report titled “Food Landscape in Federal Way, Washington” that was prepared by Urban Food Link and
the UW Northwest Center for Livable Communities. The purpose for tonight’s study session is to present
this information and ask for any feedback from the Commission.
Results from the study include the following issues:
• We have higher than King County average rates of health-related issues, including diabetes.
• Over 87% of our land area is greater than ½ mile from a supermarket.
• There are low income areas in Federal Way that are greater than ½ mile from a supermarket.
• There are almost four times as many fast food and convenience stores as there are healthy
food stores in Federal Way.
• Many fast food and convenience stores are located near our schools.
• We have a growing local interest in community gardens, farmers’ markets, and urban
agriculture.
Recommendations of ways to address these issues are:
1. Establish farmers’ market policy.
2. Ensure farmers’ market viability.
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3. Establish community garden policy.
4. Facilitate community gardening on private, vacant land.
5. Establish urban agriculture policy.
6. Support existing and potential healthy food retailers near residential areas.
7. Explore mobile vending opportunities.
8. Prioritize transit and pedestrian access to food retail.
9. Facilitate small retailers’ knowledge of public health permits.
10. Create a healthy school food zone.
11. Monitor the balance of healthy to less healthy food stores.
12. Ensure commitment to healthy food access beyond CPPW funding.
Commissioner O’Neil asked if the city has a P-Patch program. Senior Planner Shull replied that it does
not. The Community Gardens are not P-Patches. For a P-Patch, each family and/or individual has their
own section they cultivate and it is intended for their use. The Community Gardens are cultivated by any
volunteer and the product is intended to be shared with those in need. Commissioner Medhurst
commented that he feels this lacks an educational component. He feels it will not have much value
without an educational component. Senior Planner Shull stated that page 6 of the memorandum does
speak to an educational component. Commissioner Elder commented that some Community Gardens are
hosted by schools for the purpose of education. She also noted that they also help with mental health.
One aspect study was the walking distance to grocery stores (which are larger than convenience stores
and thereby have a wider variety of healthy foods). Commissioner Long asked what is the desired
walking distance. Senior Planner Shull replied that ½ a mile is considered the furthest distance a person is
willing to walk carrying groceries. One reason convenience stores are reluctant to carry fresh food is the
concern it will spoil before it is sold. Some cities are allowing mobile fresh food vendors to help address
this issue.
Commissioner Bronson expressed concern that these policies will add layers of bureaucracies that will
end up limited choices. He likes the study and the emphasis on community gardens, just don’t add
regulations. Senior Planner Shull commented that the city does not want to restrict access to unhealthy
foods, but rather ensure access to healthy foods.
ADDITIONAL BUSINESS
Commissioner Bronson asked that the city allow and encourage P-Patches.
Chair Pfeifer asked everyone to remember Pearl Harbor.
ADJOURN
The meeting was adjourned at 9:15 p.m.