Planning Commission MINS 02-04-2015CITY OF FEDERAL WAY
PLANNING COMMISSION
February 4, 2015 City Hall
6:00 p.m. Council Chambers
MEETING MINUTES
Commissioners present: Tom Medhurst Lawson Bronson, Hope Elder, and Anthony Murrietta.
Commissioner absent: Sarady Long, Tim O'Neil, and Wayne Carlson (both excused) and Diana Noble -
Gulliford (unexcused). Staff present: Planning Manager Isaac Conlen, Senior Planner Matt Herrera, and
Assistant Attorney Mark Orthmann.
CALL TO ORDER
Chair Medhurst called the meeting to order at 7:05 p.m.
APPROVAL OF MINUTES
The minutes of January 21, 2015, were approved with the correction that Vice -Chair Bronson did not call
the meeting to order; Chair Medhurst was in attendance and called the meeting to order.
AUDIENCE COMMENT
None
ADMINISTRATIVE REPORT
Planning Manager Conlen stated that the next meeting will be February 18`h, which will be a briefing on
FWCP Economic Development Chapter. Meetings are also planned for March 4`h and 18'h. The topic on
March 4`h will be Critical Areas regulations and on March 18th with be the FWCP City Center Chapter.
COMMISSION BUSINESS
BRIEFING — Federal Way Comprehensive Plan (FWRC) Major Update — Chapter Nine, "Natural
Environment"
Senior Planner Herrera delivered the staff presentation. This chapter holds the goals and policies related
to critical areas and other environmental issues (i.e. open space, air quality, and noise). There are three
main goals with the updates to this chapter. The first is to streamline the chapter and make it user - friendly
by removing repeated background information and dated information. Second is to incorporate feedback
from the public participation (have received feedback on private property rights, tree protection, and open
space). Third is to incorporate current best practices regarding such items as climate change, wetlands,
streams, and the Tacoma Smelter Plume.
The updates clarify information on critical areas, specifically: water resources (stormwater and aquifers;
streams, lakes, frequently flooded areas, and shorelines; and wetlands); geologically hazardous areas; fish
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and wildlife conservation areas; noise; open space; air quality; and climate change. A new section on tree
preservation was added. State and regional goals were updated. A new policy regarding the Tacoma
Smelter Plume impacts was added. In addition, new gos:s and policies recognizing private property rights
were added.
Commissioner Elder asked when the city removed contaminated soil from Lakegrove Park; did the city
receive any funding from the Tacoma Smelter? Senior Planner Herrera replied that he does not know if
the city received any funds to help with that clean -up. The state does not give the Asarco funds to private
citizens for clean -up, but uses the funds to provide testing and technical assistance to citizens. Staff will
find the answer and report back at the next meeting.
Peter Townsend, 1648 South 31 e Street, Federal Way — Has property in the Marine View
Estates area. The property is subject to the, regulations in regards to shorelines. He has had
discussions with staff on the issue. He commented the city is in process of many different projects
(PACC, Weyerhaeuser, etc.) and should take all of this in consideration. He stated the language is
written for technicians, not regular citizens. It needs editing to make it more understandable to the
average citizen. There is not much input from businesses. Some of the information added does
not belong in a policy document. He commented that he has gotten together with others in the
Marine View Estates area to review the chapter and they need more time for review. He feels
there is too much emphasis to make regulations stricter.
Commissioner Murrietta commented that he feels the document is understandable and readable. He asked
if Mr. Townsend could point out any particular place that he found difficult for the average reader to
understand. Mr. Townsend replied that he is not ready to respond at this time, and would respond in the
next few days. He has had time to read only the first few pages so far. Chair Medhurst commented that he
agrees it can be difficult to read, but staff must be careful to use words in particular ways and
unfortunately, this may lead to a document being difficult to read. Planning. Manager Conlen commented
that there is time for citizens to make additional comment. The chapters must come back to the Planning
Commission for a public hearing, then to the city council's Land/Use Transportation Committee, and then
to the City Council for a final determination. Comments will be accepted during this entire time, likely
through the month of June. Planning Manager Conlen stated that some of the material is technical by
nature and staff is willing to relook at that and would be happy to meet with Mr. Townsend.
Commissioner Bronson commented that policy 94 states that the city will conduct operations and
practices that will reduce greenhouse gas emissions; where would he find what is being done in this
regard and what is intended by it. For policy 97, where would he find the definition of a lower carbon
footprint or more fuel efficient? Senior Planner Herrera commented that as policy, the items in this
document are intended to be broad and lofty. In addition, these are policies we would like to go after, but
have not necessarily done yet. Commissioner Bronson replied that fuel efficiency is a defined term, so
how does the city define it? Senior Planner Herrera commented that it is intended to be broad and could
mean a hybrid vehicle. Commission Bronson replied that he is uncomfortable with the words being used
without a definition. Broad definitions could lead to problems in the future. The policies are where the
city wants to go, but Commissioner Bronson does not know where the policies will lead us because the
words are not defined.
Commissioner Elder asked if a person is given a permit from the city to build on a slope and the building
falls down the slope, is the city liable. City Attorney Orthmann replied that generally, it is dependent
upon the situation. Did the city make a mistake and allow something to be built where it should not have
been, or was it an "Act of God "? Commissioner Elder commented that the city seems to be caught in the
middle of protecting people and allowing them to build what they want.
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Commissioner Carlson had submitted a number of questions and comments and Senior Planner Herrera
responded to them.
Comment #I had to do with the graphic under "9.1 Natural Environment Goals and Policies" and
what the correct credit for it should be.
Comment #2 is a grammatical change.
Comment #3 speaks to the use of the Endangered Species Act in the Water Resources section. If used,
then should reference other federal regulations and acts. Senior Planner Herrera agrees with
Commissioner Carlson that it would be better to be more general and not reference the Act.
Comment #4 refers to policy #12, which talks about property rights, and suggests it be reworded.
Comment #5 refers policy #19 and a more technical issue regarding detention ponds and that they do
not add to aquifer recharge.
Comment #6 refers to policy #20 and low- impact development and green stormwater infrastructure; is
staff using the terms interchangeably or are they different. Senior Planner Herrera commented that
they are different. Low - impact development is when stormwater runoff is dealt with naturally and
green stormwater infrastructure is creation of ways to deal with runoff that mimics the natural
environment, such as rain gardens.
Comment #7 is a grammatical comment. This is refers"to'policy #46 and Commissioner Carlson
suggests replacing "should" with "shall." Senior Planner Herrera commented that he is hesitant
making this change because. it would change the broader "should" with a more regulated "shall."
Comment #8 suggests changing the statement that the city will update the wetland inventory when
new delineations are submitted to state the update will occur when the delineations are adopted. Staff
agrees with this change.
Comment #9 is a grammatical change.
Comment #10 suggests changing "Promote" with "Maintain." Staff agrees.
Comment #11, Commissioner Carlson is asking what the city means by policy 100. Will the city
provide noise and reduction mitigation measures in concert with WSDOT? Senior Planner Herrera
agrees the policy should be clarified and refers to residential streets and state highways separately.
The Commission agrees with the changes as outlined by staff.
ADDITIONAL BUSINESS
None
ADJOURN
The meeting was adjourned at 8:10 p.m.
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