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
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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
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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.
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