Loading...
Planning Commission MINS 07-02-2014CITY OF FEDERAL WAY PLANNING COMMISSION July 2, 2014 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: Tom Medhurst, Hope Elder, Lawson Bronson Sarady Long, Wayne Carlson, and Diana Noble - Gulliford. Commissioners absent: Tim O'Neil, Nikole Coleman- Porter, and Anthony Murrietta (all excused). Staff present: Planning Manager Isaac Conlen, Principal Planner Margaret Clark Senior Planner Janet Shull, Contract Assistant City Attorney Kim Adams Pratt, and Administrative Assistant II Tina Piety. CALL TO ORDER Chair Medhurst called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The minutes of May 21, 2014, were approved as presented. AUDIENCE COMMENT None ADMINISTRATIVE REPORT Planning Manager Conlen introduced our new Commissioner Diana Noble - Gulliford and Alternate Commissioners Nikole Coleman - Porter, and Anthony Murrietta (both absent), all of whom were appointed at last night's City Council meeting. He announced that City Attorney Peter Beckwith took another job and introduced Contract City Attorney Kim Pratt- Adams, who will attend commission meeting in interim. Staff plans to hold the next meeting on the first meeting of August (August 6) on the proposed amendments regarding marijuana sales. Commissioner Elder said many of us will be at FUSION event and we will not have a quorum that evening. Planning Manager Conlen stated we need to schedule the marijuana sales public hearing soon due to moratorium (expires in early November); would August 13 work for the Commissioners? He will send out an email on this issue. COMMISSION BUSINESS BRIEFING — Federal Way Comprehensive Plan (FWRC, Comp Plan) Major Update — Chapter One Principal Planner Clark delivered the staff report. Commissioner Long recused himself because he will be working on the Comp Plan. Staff's plan is to first present chapters as briefings (one or two at a time); staff will incorporate comments after all briefings; then will bring all chapters at same time for the public hearing. Staff received a comment from A Hopkins and has given Commissioners a copy. Principal Planner Clark went over the background. The Growth Management Act (GMA) requires the city to complete a major update to the Comp Plan every eight years; the deadline for the next one is June 30, 2015. This update is to include: review; revise if necessary; legislative action; and a public participation plan. The public participation plan includes open houses (one was held March 19, 2014); a K APIanning Commission \2014\Meeti ng Summary 07-02-14 dm Planning Commission Minutes Page 2 July 2, 2014 Comp Plan update web page; an interested parties list (citizens can opt to receive updates of notices via the Notify Me, through the web site); and surveys. Staff goals for the Comp Plan update are to: focus on the vision, goals, and policies; delete superfluous language; make it easier for citizens and decision makers to read; for readers to quickly grasp what the vision of the plan is and how it will be implemented; and make it more interesting by adding graphics. All proposed revisions will be reviewed by pertinent departments and divisions (for example, Chapter One was reviewed by the Community Services Division and some of their proposed changes were included). Chapter One proposed changes are housekeeping to improve the flow of the chapter, update references, incorporate language on active living, and delete the history of Federal Way since this information may be obtained from the Federal Way Historical Society. Chapter One does not describe Federal Way today; but are aspirational statements of what we hope the city will be in 2040. Commissioner Carlson thanked the staff for shortening the Comp Plan. He noted that some actions are stated in past tense and suggested they should not be past tense; what seems long gone may reappear or be revisited. Commissioner Noble - Gulliford agrees with Mr. Hopkins concerns, especially in regards to transportation. She asked if any roads in the city center are in the current Transportation Improvement Plan (TIP). Principal Planner Clark replied that she does not know at this time, but it will be addressed during review /discussion of the city center chapter. Commissioner Bronson commented that some of the graphics need to be larger, specifically the ones on page 3 and 11. Chair Medhurst requested that staff be sensitive while removing so much information. PUBLIC HEARING — Proposed Amendments Related to Group Homes Type III Senior Planner Shull delivered the staff presentation. In 2013, the City Council enacted a moratorium on siting of Group Homes Type III and sex offender housing and directed staff to begin working on recommended regulations. The City Council also adopted Ordinance 13 -746 that establishes a definition of "significant impact business" and requires licensing and regulation of "significant impact businesses" as a Group Home Type III. The zoning code currently has a definition of Group Homes Type II and Type III. It currently specifies where Group Homes Type II may be located, but not Type 111. The code amendment under consideration this evening would establish where, and under what conditions, Group Homes Type III may be located within the city. Staff prepared a memorandum with additional information in response to Commissioners' questions at the May 21 Study Session. Senior Planner Shull reviewed the memo. In addition, she presented a map showing the proposed zones /areas Group Homes Type III could locate, and noted the area is very small. Gary Pena — He supports the proposed amendments. He lives near the house that was shut down last year. He was aware the moratorium was about to expire and wants to know what the city is doing in regards to this issue. He stated Normandy Park has no sex offenders; if Normandy Park can get away with this, why not us? Puyallup limits them to two per house. At one point there were 13 offenders in the house near him. Commissioner Noble - Gulliford asked: How will the city enforce this proposed code amendment; Does the city have to allow essential public facilities; and Do the police have a way of knowing how many residents are at the same address? Planning Manager Conlen responded that enforcement will be done by the Police Department and Code Compliance. For the most part, the city will be made aware of an issue by a neighbor's complaint. The Police Department is notified when a sex offender moves into the city. Regarding essential public facilities, the city cannot prohibit them. Senior Planner Shull introduced Lieutenant Tom Robinson from the Federal Way Police Department. He commented that according to Police records, the house in question never had 13 registered sex offenders, the maximum was seven. Police do verify the residence of registered sex offenders. It is the Department K.Manning Com iii ission \2013 \X1 eeti ng Summary 06- 24 -13. doc Planning Commission Minutes Page 3 July 2, 2014 of Corrections (DOC) that makes the decision if a house is available. Police now has a database they can manipulate and identify where sex offenders are living and if more than one resides at a particular address. Currently, the city does have some addresses with more than one sex offender, but they are disabled. Police do verify if they are actually residing at the stated address (for Level 1 offenders they check once a year or if they move; for Level 2 twice a year; and for Level 3, every quarter). The city has 165 registered sex offenders, of which most live in single - family residences. Commissioner Carlson asked if the city can determine spatially where offenders are. Do they tell Police where they are living or do they ask where they can live? Lt. Robinson responded that offenders are mandated to report to King County Sheriff. Federal Way Police are then notified by the county; but can review thru the database. Commissioner Carlson asked if the city can the tell King County Sherriff that only so many can live in a house. Lt. Robinson replied that he does not know if the city can dictate to a county agency and will have to research the issue. Commissioner Carlson asked how long the King County Sherriff takes to inform the city. Lt. Robinson responded that the city is informed within days, and automatically through the database system. Commissioner Bronson asked if the proposed amendments will restrict violent crime offenders as well. Planning Manager Conlen responded that the amendments also deal with violent crime offenders. Commissioner Noble - Gulliford asked how the transition will occur for any Group Homes Type II in residential zones. Senior Planner Shull replied that the city is not aware of any Group Homes Type II currently in residential zones, but if there were, they would be considered a nonconforming use. Commissioner Carlson moved (and it was seconded) that the proposed amendments related to Group Homes Type III be recommended for approval as written. There was no further comment and the motion carried unanimously. Chair Medhurst closed the public hearing. ADDITIONAL BUSINESS John Hicks, 31033 26 "' Avenue South — Regarding Chapter One, page 1 -3, Growth Management Act (GMA) he commented that he noted the city took out information about why GMA was passed and suggests something be added about progress and what the GMA has achieved. Planning Manager Conlen responded that what is proposed is a philosophical distinction of how we want the document to look. The staff wants to slim down the document and for that reason took out much of the background and historical information that is available in past FWCPs, other documents, and the Federal Way Historical Society. Staff will consider the suggestion. John Hicks — He further stated that on page 2, staff took out the word "our" and replaced it with "the "; but that seems to exclude the community. Planners should be invested in the community. Chair Medhurst responded that is a good comment and will be considered. ADJOURN The meeting was adjourned at 8:16 p.m. KAPIanning Commission \201 ;\Meeting Summary 06- 24- 13.doc