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Planning Commission MINS 05-20-2015CITY OF FEDERAL WAY PLANNING COMMISSION May 20, 2015 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: Tom Medhurst, Lawson Bronson, Hope Elder, Wayne Carlson, Tim O'Neil, Diana Noble - Gulliford, Sarady Long, and Anthony Murrietta. Commissioner absent: none. City Staff present: Community Development Director Michael Morales, Planning Manager Isaac Conlen, Principal Planner Margaret Clark, Senior Planner Matt Herrera, Deputy Public Works Director/PAEC Project Director Will Appleton, City Traffic Engineer Rick Perez, Assistant City Attorney Mark Orthmann, and Administrative Assistant E. Tina Piety. Consultant present: Ilon Logan of Environmental Sciences Associates CALL TO ORDER Chair Medhurst called the meeting to order at 7;00 p.m. APPROVAL OF MINUTES The minutes of April 1, 2015, April 15, 2015, and May, 6, 2015, were :approved as presented. AUDIENCE COMMENT None ADMINISTRATIVE REPORT Planning Manager Conlen stated that the Periodic Major Updates to the Critical Areas Ordinance and the Federal Way Comprehensive Plan is the result of two years of work by staff. He thanked Ms. Clark, Mr. Herrera, and Ms. Piety for their work and their willingness at times to work overtime to complete the project per the state mandated timeline. The Commission has been meeting regularly since July 2014 on briefings for each of the chapters and the critical areas ordinance. Planning Manager Conlen thanked the Commissioners for their work and expects that because of these briefings, we will be able to complete tonight's two public hearings, which will help staff meet the state's mandated deadline of June 30, 2015 for these major updates. He noted this means we are on a tight schedule to complete these updates. COMMISSION BUSINESS Chair Medhurst informed the audience and the Commissioners that this evening we will have two public hearings that are related. The first deals with changes to the Critical Areas regulations of the Federal Way Revised Code. The second is the Major Update to the Federal Way Comprehensive Plan. State law requires the critical areas ordinance and the comprehensive plan updates be completed and approved by the City Council by June 30, 2015. The Planning Commission's recommendations will be forwarded to the City's Land Use /Transportation Committee (LUTC), who will then forward their KAPIanning Commission\2015Neeting Summary 05- 06- 15.doc Planning Commission Minutes Page 2 May 20, 2015 recommendation to the Council for action. The LUTC is scheduled to meet June 1, 2015, and has scheduled June 8, 2015, for continuation if needed. The City Council is scheduled to meet June 16, 2015, for the First and Second readings of the periodic update ordinances. These dates may change if necessary. During the briefings held over the last year, the Commission provided comments and suggested edits. Tonight's presentations will focus mostly on changes made as a result of those comments. Public Hearing — Critical Areas Ordinance Periodic Update — Proposed Text Amendments to the Federal Way Revised Code, Title 19, Division V, "Critical Areas" Senior Planner Matt Herrera delivered the staff presentation. He went over the regulatory background, public participation the city engaged in, and the proposed amendments. The existing critical area regulations are in nine separate chapters of the zoning and development code. The proposed amendments will consolidate information from the chapters into one Environmentally Critical Areas chapter. The result will be a streamlined code that is easier to use by applicants and city staff. In regards to wetlands and wetland buffers, one change since the Planning Commission briefing is that the city is required by the state to regulate all wetlands, regardless of size, but the city will not require a buffer for wetlands 1,000 square feet or less. The hearing was opened for public testimony. Peter Townsend, 1648 SW 31 e Street — He spoke from a letter he had prepared for the Commissioners. In regards to streams, he thanked Senior Planner Herrera for taking care of his issues. He is interested in preserving view corridors. He opposes the proposed change to a 50 -foot setback for hazardous slopes. He feels this will result in a taking of his property. He owns a 20,000 square foot lot with a critical area slope. With the current 25 -foot setback, he may have 8,000 square feet for a building pad. With the 50 -foot setback (stated as 51 in his letter) he would have an approximately 3,500 square foot building pad, which would not be feasible. Yes, he could have a geotechnical report done, but that would be very expensive. He suggests the city use the variable setback matrix used by Gig Harbor (copy attached to his letter). He requested that a no takings clause be included. He feels the city's policies, which is about 15 pages, is too long and suggests cutting them back to 2 or 3 pages. Commissioner Noble - Gulliford asked staff what is their opinion on Mr. Townsend's comments on takings and his ability to build a home on his referenced property. Assistant City Attorney Orthmann commented that he is unable to give an opinion on Mr. Townsend's particular issue; a taking happens only if no economically viable use may be made on the property. Planning Manager Conlen commented that the 50- foot buffer is a default buffer. A buffer can be reduced (even up to 0 feet) if a geotechnical report states that it would be safe to do so. Commissioner O'Neil asked if the city allows a house to be built on a slope and 20 years later it slides down that slope, would the city be liable? Assistant City Attorney Orthmann responded that recent litigation shows that plaintiffs have not been very successful suing cities in such cases. Commissioner O'Neil commented that he has found that some jurisdictions will require test after test and will not make a decision. Is there a point in the process where a decision must be made? Planning Manager Conlen stated that the City of Federal Way does not operate that way. We are clear up front about what information we need to make a decision. Commissioner Bronson commented that he has the same concern that a city can delay a decision and there is no recourse for the property owner. If a geotechnical report states it is safe to build, will you let it be built or will you seek further tests. Planning Manager Conlen stated that at the beginning of the K 1Planning Commission\2015\10eeting Summary 05- 20- 15.doe Planning Commission Minutes Page 3 May 20, 2015 application process, the city will let the applicant know if a geotechnical report will be required and if so, that the city may seek a third party geotechnical review to be sure of an objective perspective. Land use and building permits applications do have timelines (per the subdivision and zoning codes, and the building code) and if the city does not act, the property owner can seek legal action. Commissioner Long expressed his concern that off -site wetland mitigation funds may go somewhere else in King County, as opposed to Federal Way. He wants the funds to stay in Federal Way. Senior Planner Herrera commented that the city expects this option to be rarely used. It is just another tool in the tool kit to give applicants a way to mitigate for wetlands. It is expected be used for low - functioning wetlands where it does not make sense to have to monitor the progress of other mitigation for five to ten years. Commissioner Noble - Gulliford commented that she is concerned about the city's source of water (and the possibility of future drought) and would like assurance that any off -site mitigation would be used within the city's drainage basin. Chair Medhurst asked if there was a particular catalyst.to make the change to a 50 -foot buffer. Senior Planner Herrera responded that it comes from reviews and articles in journals about the need for a buffer around landslide hazard areas. It.is appropriate for geotechnical engineers to prescribe a buffer specific to each hazard areas as they -are unique. In the absence of a geotechnical engineer's prescribed buffer, a default 50 -foot buffer is appropriate. Many jurisdictions are making the same change. Remember, the size can be reduced if the safety is ensured by a geotechnical report. Commissioner Carlson moved (and it was seconded) to recommend approval of the critical areas amendments as presented by staff. There was no further discussion and the motion carried unanimously. The public hearing was closed. Public Hearing — Federal Way Comprehensive Plan (FWRC) Periodic Major Update and Citizen - Initiated Requests Commissioner Long recused himself. Principal Planner Clark delivered the staff report on the Citizen - Initiated Requests. The city received five site - specific requests to change the comprehensive plan designations and zoning, one of which was withdrawn. In addition, the city received one request to amend the text of the comprehensive plan to allow senior housing, including assisted living and nursing homes, in the Commercial Enterprise (CE) zone. She went over the specifics of the four active site - specific requests and the text amendment request. The city received one citizen comment in support of the text amendment request (included in the packet). The letter includes information regarding local market conditions for senior housing. A letter the Seattle -King County Advisory Council on Aging and Disability Services (ADS Advisory Council) stated that the older population living in south and east King County are growing most rapidly. In addition, King County elder population (age 60 +) will be almost 25% of the population by 2035. At this point, Chair Medhurst recalled that he owns property in the CE zone and asked if he should recuse himself. Assistant City Attorney Orthmann stated that as long as he feels he has no conflict of interest, he does not need to recuse himself. The hearing was opened for public testimony. Rob Rueber, Represents Youngspring's Text Amendment Request — He stated that the history of the CE zoned area is truck oriented and light industrial uses, but that is changing. There is now more commercial and he feels this trend will continue to change the make -up of the area. He has K .Planing Commission \2015Weeting Summary 05- 20- 15.doc Planning Commission Minutes Page 4 May 20, 2015 never considered senior housing development in this area, but has received a number of calls from developers seeking to place senior housing there. The developers are looking for areas near the freeway, on major arterials, and five acres or more in size. Few properties in the city will meet these criteria, but the CE zoned area does. In regards to noise and traffic issues, he notes there are current developments (Park 16 being one) that are being done in spite of these issues. Commissioner Noble - Gulliford asked what zoning designations allow this use. She has heard comments from people that want to develop more senior housing, some in the city center. She has also heard comments that that type of housing is not wanted in the city center because it does not fit the vision. Director Morales commented that the city is targeting mixed -use in the city center because we want to provide workforce housing. Many of our citizens leave Federal Way to work and the city is working to develop more jobs in the city and the housing for those jobs. In regards to the text amendment, he noted that the city has a limited supply of light industrial zoned land. Principal Planner Clark went over the zones where senior housing is allowed. At this point, Assistant City Attorney Orthmann interjected to state he is revisiting his early comment and stating that if Chair Medhurst owns property in an area to be rezoned, it would be appropriate for him to recuse himself. Chair Medhurst recused himself; Vice -Chair Bronson took over the gavel. Chair Medhurst did not participate in the discussion regarding Citizen Initiated Requests. Commissioner O'Neil commented that we have zoning because we want certain activity to take place there. However, if everything around it is change in regards.to use, should not we allow senior housing in the CE zone? Planning Manager. Conlen stated that there is no light industrial, development pending at this time, but it may in the future. Commissioner Carlson stated he is sympathetic to Mr. Rueber's argument, but there few such zoned areas in the city. If the change continues to occur, it may be right to consider rezoning in a few years. Commissioner O'Neil stated that the Lee/Princen site - specific request will increase density. What degree does traffic play a role in this decision? City Traffic Engineer Perez responded that traffic does not have a significant role at this stage of the process. The city uses concurrency to mitigate development. Once an application is made for a specific development on that property, the city will research the traffic and if the development is likely to lead to a Level of Service (LOS) failure, the applicant would have to mitigate (so that it will not lead to a LOS failure) at that time. Janice Pool, owns property on 6`" Avenue — Discussion this evening has led her to the impression that all senior housing is low- income. She stated that her personal experience is that not all senior housing is low- income. Commissioner Bronson concurred. The housing his parents were in was not low- income. Principal Planner Clark delivered the staff report on the Major Update to the Federal Way Comprehensive Plan (FWCP). She went over the regulatory requirements and the public participation the city engaged in. She then went over each chapter and comments received by citizens and Commissioners (received during the previously mentioned briefings), and the staff responses to those. She noted that Chapter 10, "Public Utilities," was the second chapter to go through a briefing and city had received information from the utilities after that briefing. The following changes were made: • Staff incorporated edits from Puget Sound Energy. • All of the old language related to electric and gas service have been replaced with the new PSE language. K APlanning Commission\2015Weeting Summary 05- 20- 15.doc Planning Commission Minutes Page 5 May 20, 2015 • PSE also provided a map on electric service only, which is included as Map X -1. • All of the maps on existing and proposed electric and gas service (Maps X -2, X -3, and X- 4) are proposed for deletion since they are outdated. • Map X -1, Council- Approved PAA, is proposed for deletion, since it does not add value to the chapter. • Map X -5 is proposed for deletion based on a request from Comcast. There was no public testimony. Commissioner Carlson moved (and it was seconded) to take separate votes on the two segments of this public hearing (one on the Citizen - Initiated Requests and the second on the Major Update to the FWCP) so that Chair Medhurst may join the discussion and vote on the Major Update to the FWCP. There was no further discussion and the motion carried unanimously. Chair Medhurst rejoined the meeting. Commissioner Carlson acknowledges that due to time constraints, an Executive Summary cannot be prepared this year, but he would like it done next year. He noted that in - Chapter 5, "Housing," he noted that two policies are numbered 25 and thereby, the following numbers are incorrect. The first Bk5 speaks to affordable housing and he asked,if this policy, buld�belapplicable to'single' family housing:' ' Principal Planner. Clark responded that this policy, applies to multi- family housing. „0 . Commissioner Elder left at 9:00. Commissioner Bronson commented that we only hada few weeks to review the Transportation chapter, but it appears to say there is not much that can be done to improve traffic in Federal Way. City Traffic Engineer Perez responded that the whole region is struggling with traffic. We are dealing with large distances between jobs and affordable housing, as well as geographic constraints. The city's emphasis is on road safety, and to provide bike and pedestrian connections. An Intelligent Transportation System (ITS) would help manage traffic as efficiently as possible. Commissioner Carlson moved (and it was seconded) to approve the Citizen- Initiated Comprehensive Plan amendments as presented by staff. There was no further discussion. The motion carried unanimously with two recused (Long and Medhurst) and one absent (Elder). Commission Noble - Gulliford moved (and it was seconded) to approve the Major Update to the Federal Way Comprehensive Plan as proposed by staff. Commissioner Carlson asked staff to go back and renumber the policies in Chapter 5. There was no further discussion. The motion carried unanimously with one recused (Long) and one absent (Elder). The public hearing was closed. ADDITIONAL BUSINESS None ADJOURN The meeting was adjourned at 9:20 p.m. KAPIanning Commission \2015Weeting Summary 05- 20 -15.dm