Planning Commission MINS 07-15-2015CITY OF FEDERAL WAY
PLANNING COMMISSION
July 15, 2015 City Hall
7:00 p.m. Council Chambers
MEETING MINUTES
Commissioners present: Lawson Bronson, Hope Elder, Wayne Carlson, Tim O'Neil, and Anthony
Murrietta. Commissioner absent: Tom Medhurst, Diana Noble - Gulliford, and Sarady Long (all excused).
City Staff present: Community Development Director Michael Morales, Planning Manager Isaac Conlen,
Associate Planner Leila Wiloughby- Oakes, Assistant City Attorney Mark Orthmann, and Administrative
Assistant E. Tina Piety.
CALL TO ORDER
Vice -Chair Bronson called the meeting to order at 7:00 p.m.
APPROVAL OF MINUTES
The minutes of May 20, 2015, were approved as presented.
AUDIENCE COMMENT
None
ADMINISTRATIVE REPORT
Planning Manager Conlen stated there will not be a Planning Commission meeting the first week of
August (August 5, 2015). Staff plans to have the public hearing ready for the proposed amendments
related to the Federal Way Revised Code (FWRC) Nonconformance Chapter, 19.30 the second meeting of
August (August 19, 2015), but it may not be until the first meeting in September (September 2, 2015).
Manufactured Home Park Stakeholder Group Update — Director Morales delivered the
update. The first meeting was held June 18. Staff has attempted to have a balance among
participates (renters, owners, different parks). It was a successful meeting with respectful .
discussion. There are issues that will not be agreed upon, but there is some common ground.
It was agreed staff will research and prepare proposals. Discussed creating voluntary zoning
in the city code where a park owner could choose the type of zoning. Discussed the financial
implications of how property is assessed regardless of zoning and impacts on property
owners. It is not the intent of the city to force a zoning change or meddle in financial affairs.
The next meeting is scheduled for August.
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Planning Commission Minutes Page 2 July 15, 2015
COMMISSION BUSINESS
Study Session — Proposed Amendments Related to the Federal Way Revised Code (FWRC) Chapter
19.30, "Nonconformance"
Associate Planner Leila Wiloughby -Oakes delivered the staff presentation. The purpose of the proposed
amendments is to have a consistent policy direction, improve regulation clarity /usability, and have
proportional conformance. Nonconformance refers to any use, structure, and /or activity that do not
conform to any of the provisions of the FWRC. There are legal and nonlegal nonconformances. Legal
nonconformances are those that were legal in the past and became nonconforming because of a change in
the regulations. Illegal nonconformances are those that have never been legal. The proposed amendments
deal with legal nonconformances and specifically the following:
Policy 1: Nonconformance Uses
Policy 2: Damaged Nonconforming Improvements/Uses
Policy 3: Nonconforming Development
Policy 4: Legal Nonconforming Lots
This evening, staff is seeking the Commissioner's feedback regarding the proposed amendments. Staff
will then develop a final staff report that will come back to the Commission for a public hearing.
Commissioner O'Neil stated that as realtor, the issue of nonconforming lots is important to him. How
many nonconforming lots are in the city? Associate Planner Wiloughby -Oakes replied that she does not
know, but will find out. Commissioner O'Neil asked if it would be considered a "taking" if an owner
cannot build on a lot because it has been determined to be nonconforming. Assistant City Attorney
Orthmann replied that is one of the issues the proposed amendments will deal with. If the owner proposes
to do what was on the lot when it was legal, that should be allowed. If the city does not allow what was
done before the lot became nonconforming, that could be considered a "taking." Commissioner O'Neil
asked how long a lot may be abandoned before the owner can longer do the nonconforming use. Director
Morales commented that staff has been discussing this question. They are considering a commercial
nonconforming path versus a residential path. Allowing a similar use could be advantageous on the
commercial path, but maybe not on the residential path. Associate Planner Wiloughby -Oakes commented
that staff is considering a set time (probably 12 months) for this situation; with provisions for the next
owner to continue the legal nonconformance.
Commissioner Carlson suggested the city continue to stay aggressive when dealing with nonconforming
signs. He likes the proposed proportionality for structures; include a lower percentage for some. He
suggests requiring a public hearing for more extensive changes. He encourages the city to be less strict on
nonconforming uses and stricter on nonconforming structures; uses come and go often, but structures
remain much longer. He commented that the city needs a baseline for structures so owners are not
applying every year for a 25% change. Planning Manager Conlen commented that many codes are stricter
on uses and less on structures because uses are more obvious and a bigger problem than structures.
Commissioner Elder commented that she is concerned with future annexations. The city must take into
account how the proposed amendments might affect possible future nonconformances.
Alternate Commissioner Murrietta commented that he thinks the idea of commercial and residential paths
is a good one. He likes the proposed square footage and agrees with the need for a baseline for structures.
He requested definitions for ways a structure may be abandoned (i.e. foreclosure, etc.).
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Planning Commission Minutes Page 3
July 15, 2015
Commissioner Bronson thanked the staff for their work. He asked if the nonconformance was tied to the
cost of living index or to the assessed value. Associate Planner Wiloughby -Oakes replied the city is
asking applicants for the assessed or appraised value. Planning Manager Conlen commented that the city
wants to get away from the appraised concept. Commissioner Bronson commented that deconstruction
can cost more than the original building. is staff taking this into consideration? Planning Manager Conlen
commented that the current code uses 75% of valuation. For damaged structures, the proposed
amendments would allow replacement of what existed before the damage. Commissioner Bronson asked
if the owner would have to meet the current building code standards. Planning Manager Conlen replied
that this chapter does not address the building code, but any building will need to meet current building
code standards for life and safety issues.
ADDITIONAL BUSINESS
None
ADJOURN
The meeting was adjourned at 8:15 p.m.
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