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Planning Commission PKT 09-06-2017September 6, 2017 16:30 p.m. City of Federal Way PLANNING COMMISSION City Hall Council Chambers AGENDA 1. CALL TO ORDER 2. ROLL CALL 3, APPROVAL OF MINUTES August 2, 2017 4. AUDIENCE COMMENT 5. ADMINISTRATIVE REPORT 6. COMMISSION BUSINESS • Study Session Personal Wireless Service Facilities in the Right -of -Way 7. ADDITIONAL BUSINESS 8. ADJOURN Commissioners Lawson Bronson, Chair Tom Medhurst, Vice -Chair Hope Elder Wayne Carlson Tim O'Neil Diana Noble-Gulliford Dawn Meader McCausland Anthony Murrietta, Alternate Dale Couture, Alternate KAPlamung Commission\2017\Agenda 09-06-19.doc City Staff Robert "Doc" Hansen, Planning Manager Margaret Clark, Principal Planner E. Tina Piety, Administrative Assistant 253-835-2601 www cio�qffederalway.coni CITY OF FEDERAL WAY PLANNING COMMISSION August 2, 2017 City Hall 6:30 p.m. City Council Chambers MEETING MINUTES Commissioners present: Tom Medhurst, Diana Noble-Gulliford, Tim O'Neil, Dawn Meader McCausland, and Anthony Murrietta. Commissioners absent: Lawson Bronson, Hope Elder (ex), Wayne Carlson (ex), and Dale Couture (ex). City Staff present: Planning Manager Robert "Doc" Hansen, Deputy City Attorney Mark Orthmann, and Administrative Assistant Tina Piety. CALL TO ORDER Vice -Chair Medhurst called the meeting to order at 6:35 P.M. APPROVAL OF MINUTES The minutes of June 21, 2017, were approved as presented. Planning Manager Hansen stated that on page two of the minutes, in the last sentence of the third paragraph from the bottom, reference is made to "them." He wished to clarify that "them" refers to including a representative from the neighborhoods in the stakeholders meeting. AUDIENCE COMMENT None ADMINISTRATIVE REPORT Planning Manager Hansen delivered the report. He announced there will be a Planning Short Course offered on September 27th in Sea -Tac and provided registration information. He went over the Sound Transit status. Staff intends to have public information on the proposed route. Commissioner Noble- Gulliford commented that the public needs to know what is the planned route south to Tacoma in order to provide useful comment. COMMISSION BUSINESS Discussion — Proposed Code Amendments Planning Manager Hansen led the discussion. He commented that staff has discussed the proposed amendments over the last 18 months. Item #7 (using an RV as a primary residence) of the original proposal has been removed (it will be reviewed at a later date) and Manager Hansen provided the Commissioners with an updated chart of the proposed amendments. Since notification of a public hearing was not made for August 16th, the Commission discussed rescheduling the meeting to August 30th. Since KAPlanning Commission\2016\Meeting Summary 08-02-17.doc Planning Commission Minutes Page 2 August 2, 2017 not all Commissioners were in attendance, Administrative Assistant Piety will survey how many Commisisoners will be available on August 30th. Manager Hansen went on to state that most of the amendments are for clarification of code language and intent; with one amendment (0) to allow wine production, breweries, and distilleries in the Suburban Estates (SE) zone. Discussion was held on proposed amendment # 1, which deals with the placement of the city's notice of application signs. Commissioner O'Neil is concerned that the amendment could impose a burden on the applicant to find a place for the notice in such cases like a flag lot where the lot itself is not visible from a road. Commissioner Noble-Gulliford asked for clarification of where does the sign go if there are a number of roads, or if the site is located on a small road with little traffic. Commissioners asked in regards to proposal #8, would wineries, etc. be allowed in other zones. Manager Hansen repled that staff is researching allowing them in other zones (need to determine if they will be compatible with nearby uses), but this will take more time and staff wanted to proceed with allowing them in at least one zone as soon as possible. Commissioner Meader McCausland commented that she has had experience dealing with zoning issues regarding wineries, etc. She said that the regulations can be confusing because of the various tourist activities that can take place, such as concerts. Manager Hansen responded that staff is reviewing other jursidiction's regulations and experiences. Staff is considering a limitation on the size and regulations for these types of businesses that are home occupations. Staff is suggesting that they go through Use Process II review in order to address such issues. Vice -Chair Medurst asked in regards to proposal #2 (which deals with deals with making the code consistent with the Surface Water Manual), is there a design standard that comes into play because he feels there should be one. Manager Hansen replied that he is not sure (he does not think so) and will have to research it. He stated the intent of the code is to encourage grid pavers. ADDITIONAL BUSINESS Deputy City Attorney Orthmann commented in regards to the comprehensive plan amendment process. After reviewing how the city conducts site-specific rezones, it was noted that a map change is done as part of the process. Staff feels the amemdment process should be considered a quais judicial process and not discussed outside of the public hearing. Any discussion on the process should be disclosed on the official record. The public should be given an opportunity to discuss any issues raised. Planning Manager Hansen suggested that if a Commissioner receives questions/comments about the comprehensive plan amendment process, she should recommend the person contact city staff. Discussion was held on the environmental review process for the comprehensive plan amendments and site-specific requests. ADJOURN The meeting was adjourned at 7:30 P.M. KAPlanning Commission\2016Weeting Summary 08-02-17.doc QGDE N OGDEN MURPHY WALLACE, PLLC T 206.447.7000 OMWLAW.COM 901 FIFTH AVENUE, SUITE 3500 F 206.447.0215 M U P N Y SEATTLE, WA 9 816 4-2 00 8 WALLACE ATTORNEYS MEMORANDUM DATE: August 1, 2017 TO: Federal Way Planning Commission CC: Mark Orthmann David Van De Weghe FROM: W. Scott Snyder, Special Council RE: Preparing for Small Cell Deployment INTRODUCTION In order to prepare for small cell deployment and meet the federal timelines ("shot clocks"), the City Council will consider revisions to its franchising and right-of-way ordinances in Title 4, as well as revisions to the zoning code (Ch. 19.05 Definitions and 19.255 relating to Personal Wireless Service Facilities). While the changes to the zoning code will be in the form of an interim ordinance necessitated by the federal shot clocks, the Planning Commission plays a significant role in determining which zones require special attention, the development of design standards, and designation of the processes which will be utilized for significant design deviations. FRANCHISE CHANGES Small Cell Development will be primarily regulated by the City's franchising ordinances in Title 4. A franchise is a form of a contract and the courts have given significant deference to city council decisions as legislative acts when asked to review denials or conditioned approvals. Federal guidelines also prohibit discrimination between similarly situated service providers and guarantee general access to provide telecommunications service within the community. Much of the administrative detail and review regarding right-of-way use will occur in the franchising and public works processes. {WSS1611381.DOCX;1/13104.080002/ 1 Federal Way Planning Commission August 1, 2017 Page 2 The Planning Commission will be tasked with a number of critical recommendations: A. Design Zones. The interim ordinance is designed to provide specialized review in the form of concealment plans for certain critical design zones and undergrounded areas. In other areas in the City, the majority of installations will either be on BPA transmission towers, as attachments to existing utility poles, or in the form of replacement light standards. These designs will typically be negotiated as part of the franchise. In certain areas of the City, however, special attention to designated concealment is needed. A design zone is zone in which a specialized streetscape has been designated by your comprehensive plan. These may be commercial areas or, in some cases, residential areas where utilities remain above ground. Undergrounded areas are just that, areas of your community in which utilities have been undergrounded and utility poles are not available as a resource for the location of true small cell deployments. B. Design Standards. In addition to specifically negotiated designs in the franchise documents, generalized design guidelines will be developed to assist staff in the administrative approval of small cell facilities. Because of the tight timeframe under the federal shot clocks, GMA processes (which include internal land use appeals) are not well suited to consideration of specific design elements. The interim ordinance, therefore, looks to various levels of approval: 1. Approval by franchise. 2. Minor or significant deviations from the approved franchise designs. Minor deviations would be a staff Process 1, while a significant deviation would be a Process 3 approval under your code. 3. Consideration of and approval of concealment strategies for design review, design zones, and underground zones. 4. Additional review for critical areas and shorelines environments. CONCLUSION I look forward to working with you and staff as we proceed to adapt the interim ordinance into your code with your thoughtful participation. WSS:cm {WSS1611381.DOCX;1/13104.080002/ } 2