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Planning Commission PKT 03-20-2019March 20, 2019 6:30 p.m. City of Federal Way PLANNING COMMISSION City Hall Council Chambers AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES February 20, 2019 4. AUDIENCE COMMENT — UNRELATED TO COMMISSION BUSINESS 5. ADMINISTRATIVE REPORT 6. COMMISSION BUSINESS • Study Session Potential Sign Amendments Housekeeping Code Amendments 7. ADDITIONAL BUSINESS 8. ADJOURN Commissioners Wayne Carlson, Chair Tom Medhurst, Vice -Chair Lawson Bronson Hope Elder Dawn Meader McCausland Tim O'Neil Diana Noble-Gulliford Dale Couture, Alternate Eric Olsen, Alternate K: (Planning CommmionQMAgendaAgenda 03-20-19.doc City Staff Robert "Doc Hansen, Planning Manager Margaret Clark, Principal Planner E. Tina Piety, Administrative Assistant 253-835-2601 www.ciiyoffedet-alivay.com CITY OF FEDERAL WAY PLANNING COMMISSION February 20, 2019 City Hall 6:30 p.m. City Council Chambers MEETING MINUTES Commissioners present: Wayne Carlson, Lawson Bronson, Hope Elder, Tom Medhurst, Tim O'Neil, Diana Noble-Gulliford, Dawn Meader McCausland, Dale Couture, and Eric Olsen. Commissioners absent: None. City Staff present: Community Development Director Brian Davis, Planning Manager Robert "Doc" Hansen, Principal Planner Margaret Clark, City Traffic Engineer Rick Perez, Deputy City Attorney Mark Orthmann, and Administrative Assistant E. Tina Piety. CALL TO ORDER Chair Carlson called the meeting to order at 6:30 P.M. APPROVAL OF MINUTES The February 6, 2019, minutes were approved as presented. AUDIENCE COMMENT None ADMINISTRATIVE REPORT None COMMISSION BUSINESS PUBLIC HEARING: 2018 Comprehensive Plan Amendments/3241h Road Extension City Traffic Engineer Perez delivered the staff presentation. He went over the proposal and its history. The original reason for an extension of 324th is to improve access to and from the City Center. As part of the proposal, staff recommends bicycle/pedestrian access to 32"d from 324th as part of the continuation of the BPA trail. Commissioner O'Neil asked for clarification that the city will get the land from IRG. Engineer Perez stated that when they develop, the will give the city the land for the road (and thereby will not have to pay any traffic impact fees). Commissioner O'Neil asked who will pay for the road. Engineer Perez replied that the city is working on funding. Chair Carlson opened the meeting for public testimony. Richard Pierson — He has written comments he will submit. He is opposed to the proposed extension. One reason is he feels it will have adverse effects on other aspects of the comprehensive plan. He feels the existing alignment is a way to add a ring road on the east side. He commented that to access 32nd from the proposed extension, one would have to make two left turns and a right. Left turns lead to more accidents than right turns. He is also concerned with the safety of the intersection of the proposed 324th and Weyerhaeuser Way because it will be on a curve. It is not clear how the proposed road will bisect East Campus. Planning Commission Minutes Page 1 February 20, 2019 Suzanne Vargo — She spoke in opposition of the proposal. She noted that the retention pond that was put into place in the 70s will be removed and a large retention pond put on North Lake. She does not think this is a good idea for the hydrology and environmental sensitivity of the area. We need to leave something for the future. She also noted that the Olympic pipeline would have to be moved and is concerned about the safety (mentioned the pipeline accident that had happened in Whatcom County). An accident could be catastrophic for our area as these are the headwaters of the Hylebos. Public testimony was closed. Commissioner O'Neil is concerned over the amount of road building that would be necessary for this project. Can DaVita work with the city to leave the plan as it is? Engineer Perez commented that they presently lease a building to the west and want only a parking lot between the buildings. The city was unable to come up with an alignment that would allow this. In the current plan, the road would go right through their proposed building. Commissioner O'Neil asked if the city will plan for a round -about at Weyerhaeuser Way and 324"'. Engineer Perez stated the city will consider it. It would help address the concern with left turns. He went on to say the city will be looking for some of the funding to come from the state. It will be a multi -phase project with a cost likely of over'/ billon. He expects it will be six to ten years for the first phase. Commissioner O'Neil asked if the city will be moving the retention pond as stated. Engineer Perez stated the city has no plans to move the retention pond. Commissioner Medhurst commented that he feels the proposal will lead to a redundant road to accommodate a developer; a road that from a traffic standpoint we don't need. Engineer Perez commented that since staff hasn't completed an analysis for 324"', we don't know if the original plan would be sufficient to accommodate the proposed traffic. Commissioner Meader McCausland asked for clarification of the timing of this proposal. Why is the proposed extension needed right now? Engineer Perez stated that DaVita has submitted their land use plans to the city and will be unable to develop according to their plans unless the proposed extension realignment is granted. They will abandon the project, and likely the city has a whole, if the realignment is not approved. The actual construction of the road likely won't happen for another ten years. Chair Carlson asked staff to show where the Olympic pipeline runs through the city. Engineer Perez commented that the city will have to deal with the pipeline whether this proposal is accepted or not. Commissioner Bronson suggested the Commission table until this fall until we know more about what will happen at the crossing where 324`h crosses I-5. Deputy City Attorney Orthmann explained that since this is a public hearing, the commission must take action as outlined in the staff report (adopt, not adopt, no recommendation, or adopt as modified). Timing is critical for the DaVita project. Commissioner Bronson moved and Commissioner Noble-Gulliford seconded to recommend that the proposed amendment not be adopted. Discussion was held of how denial of the proposed amendment will affect the DaVita project. The city doesn't have a firm timeline, but knows DaVita wants to break ground as soon as possible. Community Development Director Davis commented that DaVita may choose not to relocate to Federal Way if the realignment is denied. DaVita wants to consolidate their operations and their current proposed project is the best way for them to do that. The project is not feasible with the current road plan. He stated the proposed realignment is about connectivity and the road will remain in the comprehensive plan whether as currently proposed or realigned. The road will be needed because there is not enough capacity on 320`h to handle the future traffic. Chair Carlson commented that he supports the proposal. He appreciates that the city is considering a bicycle/pedestrian route. In addition, he feels employment opportunities should be considered. Commissioner O'Neil commented that he has Planning Commission Minutes Page 2 February 20, 2019 walked in the area and feels there is no "good" answer, but considering it could bring in jobs, supports the proposal. Commissioner Bronson feels there much is going on in the area that are not certain and feels there hasn't been enough study of the impacts. A roll -call vote was held (Carlson, no; Medhurst, no; Bronson, yes; Elder, no; Noble-Gulliford, no; Meader McCausland, no; O'Neil, no) and the motion failed. Commissioner Bronson moved and Commissioner Elder seconded to recommend that the proposed amendment be adopted. There was no further discussion. The vote was held and the motion carried (unanimous). The public hearing was closed. PUBLIC HEARING: 2018 Comprehensive Plan Amendments/Milton Road Area Legislative Rezone Planning Manager Hansen delivered the staff report. He went over the history of the proposal. He also explained the SEPA process, significance, and the differences between project and non -project actions. The city received 37 comments in opposition to the proposal and two in favor. Manager Hansen gave a summary of the comments. He noted they deal with project issues as opposed to the non project proposal. Project issues will be considered when a project is applied for. He noted the only change proposed is the change to the zone (apartments are not allowed in the proposed zone). Chair Carlson opened the hearing for public testimony. Suzanne Vargo — She is speaking for the animals and trees/vegetation. The typography is Vashon Till (sandy loom). She asks that the city perform an EIS for the entire area. She noted the restoration of the Ellingson wetland has not been fulfilled and it has been two years. The city sounds like they expect nothing to happen once the rezone takes effect. People will build more houses once the rezone is in effect. She is concerned for the pipeline, the aquifer, and typography She requests the city have a hydrological critical areas assessment done. Roger VonDoenhoff— He is against the proposal. It will lead to traffic, crime, and detrimental environmental impacts. The city says this is a non -project action, and therefore project issues don't matter, but the intent is to allow projects to happen. Yes, there are regulations, but the intent is to make developments work. This is the appropriate time for us to express our concerns. The city needs to consider all the impacts and how to mitigate them. He asks that the city consider RS 15 zoning and that the road through his property be deleted. Mark Spaur — He gave the Assistant Piety a copy of his PowerPoint presentation to be included with the minutes. He disagrees with what Manager Hansen said that project issues should not be considered as part of a non -project action. Future development needs to be considered. The 1995 EIS didn't consider this area because it was not a part of Federal Way at that time. He went over a number of regulations he feels the city did not address adequately. A number of projects have been done in this area and the city should do a comprehensive EIS that considers all the changes. He asks the city take into account regulations for low impact development. Rick Beard — One of the original applicants for the proposed rezone. The Puget Sound area is in the midst of a housing crisis. In order to keep people from homelessness, we need houses. Building more homes will help everyone. Lesley Roth — She lives in Brittany Lane. She is concerned with the environment and pipeline. She suggested an updated EIS be done to consider all factors. She is not against growth, but it needs to be done in a measured and understood way. Pam Otteson — She lives within the rezone area. She is in favor of the proposal. When you drive down 19th Way South you will discover it ends in a barrier, like it should have gone farther. There are 19 driveways on it and the road is wide with adequate sight distance for each driveway. There are 12 driveways on Milton Road, but the road is not very wide and the driveways all have inadequate sight distance. If the area is developed, Milton Road would be widened and there will be sidewalks. Planning Commission Minutes Page 3 February 20, 2019 Yuri Zaharchuk — He is opposed to the proposal. A lot of older people and kids walk and ride their bikes on 19`h Way South. He is concerned for their safety. They have a lot of problems with crime. Robert Coleman — He agrees with the idea of removing the proposed minor collector from the comprehensive plan. It will become a major through thru if it is built. There is a major school bus stop in the area. There is a sign stating compression brakes may not be used, meaning truck traffic is allowed. Mary Perron She lives near Wild Waves and sees a lot of crime. People park on the outskirts of the park and ignore the no parking signs. She doesn't feel safe. They hang out in the cars and drive too fast. Darrin Beam — Punching through the road will lead to more traffic. They have a fantastic neighborhood that would be destroyed. There is a lot of drug activity in the area. Punching the road through will lead to more homelessness in the area. Arnie Ellingson — One of the original applicants. He has four properties in the area. He has been trying for five years to rezone. He wants to retire. Most of the people testifying have houses already. They want his trees to stay to protect them from the noise. The city has an ordinance stating that a certain number of trees must stay if the property is development. He wants to be able to develop his land. Edith Neether — She is one of the original applicants. She has lived in the area since 1968. She went over the history of the area and noted she has a right to develop her property. She feels her area is neglected. The road is dirty and traffic is very bad. She and her husband want to move. Alex Costin — Regency Woods and Brittany Lane are one of the best kept secrets in Federal Way. It is shielded from the noise of 1-5 by the trees in the proposed rezone area. If the trees go, the noise will become unbearable. He is also very concerned about the crime in the area. He feels he is forced to keep loaded guns in his house due to the crime in the area. The city needs to consider the long-term impacts. Many people have already moved out of the area because of crime and traffic, and the rezone will only increase the problems. Sherri Stanton — She lives in Regency Woods. She opposes the rezone. She suspects the rezone will have a negative impact on her neighborhood. Families in the neighborhood want a safe place to raise their kids. They want to feel the city supports them. And they want a clean environment. Roger Swenson — He lives next to Wild Waves. He has seen a lot of wildlife in his yard (including cougars and bears). When they redid Milton Road not long ago, they made his driveway steeper. More work on the road will make it even steeper. This makes it hard for him and his wife to get out of the driveway. He sees people doing drugs and has had people attempt to steal his vehicles. Growth happens, but he is concerned with the crime it is bringing. The public testimony was closed. Commissioner O'Neil agrees that if the area is rezoned, people will soon begin to develop the area. He is concerned with the infrastructure. We need to be sure we have the infrastructure to support the development. Specifically, he is concerned if the city will be able to support the traffic and if the schools will be able to support the influx of students. In addition, he has heard that Lloyds plans to redevelop with multi -family, which while not in Federal Way, will send more traffic through Federal Way. Planning Commission Minutes Page 4 February 20, 2019 Commissioner Noble-Gulliford asked how citizens would apply to remove the proposed road from the comprehensive plan. Engineer Perez explained the procedure. She then asked if a cluster development be allowed. Manager Hansen responded that currently cluster development is a demonstration project in the code. Per the current code, there would not be a change of density with a cluster development. There would have to be a code amendment to allow a cluster development in this area. Discussion was held about how many houses might be developed in the proposed rezone area. Staff feels when taking constraints into consideration, up to 144 houses could be developed in the area. Commissioner Medhurst doesn't understand why the city is pursuing a rezone of this area when the owner (Mr. VonDoenhoff) of 20 percent of the land opposes the rezone. Manager Hansen commented that the city is considering the long range impacts. It takes into consideration the comprehensive plan policy of infill development. The city's analysis shows that an area zoned compatible with adjacent areas is "protected" and will create an area in which the density is not increased. He also noted that changing the zoning doesn't require the property to make changes. Discussion was held in regards to the proposed 376th street. Engineer Perez noted that one of the concern of the city is connectivity, which is why 376th is shown extended. Engineer Perez has heard that Lloyd's is interested in developing warehouses. If this happens, Federal Way would be opposed to any plans that would send trucks to the north. The city would expect developers to improve roads to allow trucks to travel south. Commissioner Meader McCausland asked if there are any planned improvements to Milton Road. Engineer Perez commented that is in the comprehensive plan to be widened to two lanes, but this is not a high priority, so is many years away. There are many competing priorities. Commissioner Meader McCausland would like to see an additional environmental study in this area. Commissioner O'Neil asked if the school district has any say in the proposed rezone. Manager Hansen replied that the city notified the school district of the proposal and they had no comment. Attorney Orthmann commented that school impact fees will help with any impacts. Commissioner Bronson moved and Commissioner Noble-Gulliford seconded to recommend that the proposed amendment be adopted as proposed. There was no additional discussion. The vote was held and the motion carried (six yes and one no). The public hearing was closed. ADDITIONAL BUSINESS None ADJOURN The meeting adjourned at 9:30 P.M. KAPlanning Commission\2019\Meeting SummaryWeeting Summary 02-20-19.doc Planning Commission Minutes Page 5 February 20, 2019 February 20, 2019 Federal Way Planning Commission: I am aggrieved by the City of Federal Way determination of Nonsignificance (File No. 18 -105898 -00 -SE) the extension of proposed South 324th Street to Weyerhaeuser Way South with the elimination of the connection to 32end Avenue South for the following reasons at this point: Subjecting Weyerhaeuser Way South to approximately 5,000 vehicles per day (p.14) does not recognize the traffic dispersion incorporated into the 2015 Comprehensive Plan utilizing both 32end Ave. S. (to S.320'and North) and Weyerhaeuser Way S. (via S 323rd Street). For traffic to proceed on the possible ring road to the East of 1-5 going from the comp plan S 320h St. to S 312th St and onward to Military Road., with the extension of 324th to Weyerhaeuser Way S., this "ring road" traffic whose apparent objective is to disperse traffic from the city center will have to take a left turn onto Weyerhaeuser Way South and then another left turn onto S. 320th St. and finally a right turn onto 32end Ave S (north transit of "ring road") to S. 312th St. where it will pass over 1-5 to the edge of the current city center. This is a needles revision of traffic volumes created by the proposed extension of 324th St. adding driving time and additional safety risks created by two additional left turns and a right turn to get back on the extension of 32end Ave S. North, Exhibit B of the DNS (12/21/ 2018) clearly shows the extension of 32end Ave. S to the north of S. 320th St. This will have an adverse effect on the other aspects of the comp plan. Also an added safety issue related to the intersection of the proposed extension and Weyerhaeuser Way which at that point is on a curve was not reviewed. This proposed change in response to Staff Comments A 1(5) is not clear how this extension prevents the bisecting of a road through what they call the East Campus. 324th St. will go primarily along the north boundary of CP -1 and per the comp plan into OP -1 to the North. In addition by my estimate the extension will require about 200 more feet of road construction requiring extra costs and crossing a gas pipeline which will bring additional costs to the project and more environmental loss associated with road building. Also under the proposed determination all of the increased traffic volume of 5,000 vehicles will go onto Weyerhaeuser Way South instead of being dispersed both onto Weyerhaeuser Way South and 32end Ave. South and its extension north. In addition to the 5,000 vehicles, cited in the DNS the 2015 Comprehensive Plan and no evidence has been presented that the 5,000 vehicles above recognized the proposed developments of DaVita and Industrial Reality Group's permit estimates to be initially 7,000 additional vehicles and 800 trucks per day. Staff did not provide a response to review of their data in light of the additional traffic from city applications for development. Relative to the SEPA Environmental Check List item 8. b., forest land use has been practiced on the proposed street extension consistent with 1994 Concomitant Agreement requiring a "Managed Forest Buffer" around the perimeter of the property. Not constructing the extension of S.324 1h St. to Weyerhaeuser Way South will maintain the retention of the Managed Forest Buffer along the proposed realignment. Check list item 12. b. statement that the extension of S.324 1h street would "not displace any existing recreational use is challenged given the depiction of a trail in the City of Federal Way's "Weyerhaeuser Headquarters Site Conditions and Considerations" document, January 2015. Staff did not dispute this fact. I recommend that the City of Federal Way not adopted the proposed comp plan amendment for the extension of 324th S. to Weyerhaeuser Way as proposed in this DNS. It does have significant impacts to traffic safety, recreation, budget and the environment. Richard Pierson) �j 3516 S. 336th St. Federal Way, WA 98001 , Thank you Council for this opportunity to speak. SL , Z.k r�r\. e vc��- Here are the reasons why changing the zoning for this area is a bad idea. Topography: The make up of the land according to soils Maps are Vashon Till, with Sandy Loam being prevalent. And we have the Lloyd's sand pit as visual. The zoning according to an 1952 King County Planning Commission study has this to say about decisions regarding this Highly Sensitive Area.: The Soils Map shows soils with slide characteristics and slopes more than 25%, that the slide potential is such that permanent forests use is recommended and residential development at its densest should be no more than one house per acre. The Commission adds that the slide characteristics do not manifest themselves until, land is cleared, roads are constructed and so on. It is too late to fix the problems. The zoning in this area one home per 35,000:These are the reason given for this zoning. • A designation of low density designation is considered as an additional means to limit the amount and rate of surface water runoff and soil erosion with in the Hylebos Creek Drainage Basin. • Urban design and aesthetics are important to the community and affected by density. Low density designations are made in portions of Federal Way as a means of protecting a rural character, preserving a visual image of trees and protecting the edges of the FW Community. • The KC Comprehensive Plan's INTENT to consider neighborhood characteristics and community sentiment in determining the appropriate level of density is reaffirmed. • In fact on April 9, 1979 the County Council passed Motion No. 4132 approving reclaim reclassification. • To preserve and protect environmentally sensitive areas and agricultural land. • The winery is a beautiful example of how low density can be attractive economical, and helpful to the lands. The city should be more receptive to supporting these unique businesses in our sensitive areas. • Aquifer: This area is also a part of the Redondo -Milton Channel Aquifer. Just one more reason it is considered Highly Sensitive. Please consider FWRC Title 19, Chapter 145, Article V Critical Aquifers and read on the restrictions for development. Also note the Aquifer FWRC 19.145.80 "Prohibited Activities in Six -Month and One Year Capture Zones would apply. • The Olympic pipeline runs under the desired rezoning areas well. The pipeline according to City code should not be allowed at this time. Installed in the 60's the line is aged out, and permits must be required from all stake holders in which FW is one. The #1 failure to these pipelines is developers. We can not afford to have a Whatcom County in our Conservancy area. No amount of money should allow such a terrible idea. I ask that the City conduct a Hydrogeological Critical Area Assessment Report prepared by a qualified groundwater scientist determining the potential impacts of contamination on the aquifer. • Also please consider the critical buffer of trees as they serve our community well. These trees were protected for a reason. It is the mitigation for Brittany Lanes Wild Waves and Regency Woods. Why when more pressures than ever on this area, would we think these could be removed without any consequences. This is foolish thinking. As planners it is important to know your history. Some percentage must remain in any said area of development. The allotments have been done. Buildout was accomplished. You can't keep taking the same percentage of the pie every time you develop. • These trees aid in the macrobenthic invertebre that are the primary food for the salmon. They travel throughout the creek and depend on the trees, stones, and waters for food and habitat. Destroying this critical tree buffer is depleting the creek that supports our aquifer and the habitat that dwell with in it. + I will stop here and say I don't understand how topography and hydrology, historical facts, and past recommendations and not important factors here. This land was completely dismantled in the 50's with the construction of 1-5. This area gets built out with Wild Waves, Brittany Lanes, Regency Woods, Todd Beamer and Park 16. All mentioned in your Hylebos Plan as areas we should never allow in the future. Example Wild Waves being allowed to use Mud Lake and turn it into an impervious water feature. When is enough, enough? What has been saved in our city? Why is nothing more important than the all mighty dollar? City Comp Plans state sit is the cities responsibility to provide healthy, high quality of life now and for generations to come. • This is why we come to you. You are the only that will make these decisions. What BAS do you have that would warrant going against past King County Commissions logical and thoughtful zoning for this area? • Thank you for your time. I hope this information will be heavily considered in your up coming decision. 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Photographs of the signs planned to be installed are displayed in the accompanying attachment. W1J'7 1-010" I ARZ 1. C 1 R The signs proposed to be mounted on the PAEC are considered "wall mounted" signs. Per FWRC 19.140.150, no wall mounted sign may exceed 240 square feet for one sign, and the total of all signs on the surface do not exceed seven percent of the entire area of the wall's surface. The proposed signs have areas of 240 square feet, 180 square feet, and 56 square feet; two of which would likely exceed seven percent of the total surface and may not meet the code. The code is being examined to determine what amendments may be necessary to allow the sign while still maintaining the intent of the sign section of the code. INITIAL STAFF REVIEW Staff is examining the potential of creating a "Building Identification" sign definition which would permit the development of signs that identify the building and not the particular uses inside. While it may be argued that the PAEC has "multiple uses" which may allow the signs, the intent of this criteria is to allow one business to have adequate space for a sign, yet limit the amount of advertising sign area given to all uses within the business. The wall sign being mounted at the PAEC would likely exceed the seven percent limitation of sign area on the building. A "building identifier" can be justified so that any party searching for a particular building would identify the building from a point within blocks of the site. This particular sign could exceed seven percent of the building face and still meet the intent of the sign code. ATTACHMENT A. Pictures of Proposed Signs CITY OF FEDERAL WAY MEMORANDUM DATE: March 20, 2019 TO: Wayne Carlson, Chair, Planning Commission FROM: Doc Hansen, Planning Manager SUBJECT: Potential Sign Amendment BACKGROUND The Performing Arts and Entertainment Center (PAEC) is going to have signs placed upon the building that meet the intent of the sign code, but do not meet the criteria listed in the Federal Way Revised Code (FWRC). Photographs of the signs planned to be installed are displayed in the accompanying attachment. CURRENT STANDARDS The signs proposed to be mounted on the PAEC are considered "wall mounted" signs. Per FWRC 19.140.150, no wall mounted sign may exceed 240 square feet for one sign, and the total of all signs on the surface do not exceed seven percent of the entire area of the wall's surface. The proposed signs have areas of 240 square feet, 180 square feet, and 56 square feet; two of which would likely exceed seven percent of the total surface and may not meet the code. The code is being examined to determine what amendments may be necessary to allow the sign while still maintaining the intent of the sign section of the code. INITIAL STAFF REVIEW Staff is examining the potential of creating a "Building Identification" sign definition which would permit the development of signs that identify the building and not the particular uses inside. While it may be argued that the PAEC has "multiple uses" which may allow the signs, the intent of this criteria is to allow one business to have adequate space for a sign, yet limit the amount of advertising sign area given to all uses within the business. The wall sign being mounted at the PAEC would likely exceed the seven percent limitation of sign area on the building. A "building identifier" can be justified so that any party searching for a particular building would identify the building from a point within blocks of the site. This particular sign could exceed seven percent of the building face and still meet the intent of the sign code. ATTACHMENT A. Pictures of Proposed Signs 05 4 Lij k a §j � N b_ �_ 3 Z o 0 U F � Y w� > w n f 3 w z z w w UL') a NQ ~z W ai >J U m j --- y Q o ���iul ¢� ca W ( W J_§ D: . w $ pN " 2QJ Z _ O Q 3 UN w d >X z J W W J FZD J aD ] w f J x x a con a Z FQ— n O J0 aOa D `7N m cTi lal �m W W OJa m as O Q ul V o e � W r w- ; s � ' s 6ARA ,� � (, DRAWN BY: - uI 4 `'� MIC CITY OF FEDERAL WAY JOSH CHECKED BY: 9204 PACKER DRIVE WAUSAU, Wl 54401 PHONE:(715) 842-0402-WI:I-800472-0402-FAX:(715)-B4B-3106 CN FEDERAL WAY, WA 5794 2 3.6.19 2 W W2V j In ymK W ICp0 q?W pU � Z! 2 Q iz` li 1 1 1 1 t 11 it t t 1 t II � I ♦ ♦ r I r iv � rf Q 1 ,1 11 1 , 1 It t, I r � I I ♦ . ♦ ` ♦ II 11 II 11 i 0 a a � � y O � g w i I MK CITY OF FEDERAL WAY JOSH 5794 2 PHONE 800d72.0402 FAKp15 CHECKED Bi _3619 " 2 }646-9106 C' N (715)6420402•W4�FEDERAL WAY, WA h m 0 4 W JOy. Q Q Z J y W U ¢¢ Q v Q m_ Qp N i� o Q SIL ¢ Q iv � rf Q NIL � r2 i I MK CITY OF FEDERAL WAY JOSH 5794 2 PHONE 800d72.0402 FAKp15 CHECKED Bi _3619 " 2 }646-9106 C' N (715)6420402•W4�FEDERAL WAY, WA ,,_.e M K 2n oREEOE� E«� : 3§H 54 ° 2 /�.. amor . . _ »m_�ma� _mmml__ ACKER DRIVE WAUSAU, Wl 54401 cN �o��LWA _A CITY Of Federal Way PLANNING COMMISSION STAFF REPORT March 14, 2019 To: Wayne Carlson, Federal Way Planning Commission Chair FROM: Brian Davis, Community Development Director Robert "Doc" Hansen, Planning Manager Margaret H. Clark, AICP, Principal Planner SUBJECT: 2019 Housekeeping Amendments Meeting Date: March 20, 2019 I. 2019 PROPOSED HOUSEKEEPING CODE AMENDMENTS The proposed housekeeping amendments (Exhibit A) are essentially the same as in Section II (a) below of Exhibit B without No. 1 relating to the time for the city to issue a threshold determination pursuant to the State Environmental Impact Act (SEPA), and No. 2 relating to the market value threshold to require a substantial development permit. Two additional items have been added to the Housekeeping Items in Exhibit A; No. 4, which would allow roof top open spaces in the Community Business (BC), City Center -Frame (CC -F), and City Center -Core (CC -C) zones, and No. 11, which would allow second-hand merchandise sales in the CC -C as a primary or accessory use. II. 2019 PLANNING COMMISSION WORK PROGRAM At the January 16, 2019, staff presented the 2019 Planning Commission Work Program (Exhibit B), which consisted of the following items: (a) Housekeeping Items planned for completion in 2019 — These are items that are tracked throughout the year and require little work in terms of amending existing language, or adding new language to the FWRC. (b) Non -Housekeeping Items planned for completion in 2019 — These are amendments to the FWRC that require substantial work, such as the 2019 Periodic Shoreline Master Program Update The proposed housekeeping amendments are anticipated to take little time and we hope to have them in front of you in the early second quarter of 2019. LIST OF EXHIBITS Exhibit A 2019 Proposed Housekeeping Code Amendments Exhibit B 2019 Planning Commission Work Program K:\2019 Code Amendments\2019 Housekeeping Code Amendments\Planning Commision Report.doc Planning Commission Staff Report Marchl4, 2019 2019 Housekeeping Code Amendments Page 1 of 1 EXHIBIT A 2019 Proposed "Housekeeping" Code Amendments Items to be klldressedin x819 No. Section Existing Code Language Rational for Change/ Suggested Change 1 18.05.010 There is no language in the Code that indicates whether The City of FW should consider changing the language of tracts created for environmental, storm water, or open one of these codes in order to not require tracts created for space purposes are counted within the number the purpose of accomplishing the subdivision to be counted distinguishing between long plat and short plat. City has as part of the division. Language could be added stating at questioned whether these 'tracts' are counted per RCW the end of the existing "lot" definition that, "The term shall 58.17 under definition of subdivision which includes not include those tracts or parcels which are not buildable, "tracts." Other cities and jurisdictions do not include but are created for common or public use, such as road and these tracts as a count in the lots for the subdivision by utility tracts, storm retention tracts or critical area tracts." indicating so within their Code language. 2 18.30.080(2) No language exists requiring the notification of those Implement the language existing in 18.35.090(2)(a) and (b) within 300 feet of a proposed short subdivision. Because which is required for preliminary plat subdivisions within the short subdivisions could result in as many as nine short plat section. Also, strike the words in 2(a) "every 500 additional lots within an immediate neighborhood, linear feet" since it is only necessary to post on the property, adjacent land owners should receive direct notification. and add the words "by the applicant and submit a certified Also, the posting of the property and is the responsibility letter with a photo indicating that the property has been of the Department of CD and should be the responsibility properly posted. of the applicant. 3 19.45.015 The current language in the Code requires a separate Remove 19.45.015 (2) requiring a different notice since it Administrative notice for an administrative variance and requires a will be required by 19.45.010. Variance Process III approval which already is requires a notice to Notice the public. 4 19.115.050 It has been indicated that roof tops can provide for open A note is needed clarifying that an open space roof is spaces and should be encouraged in neighborhood acceptable in place of a gabled roof. Language added to business areas. This could also be provided in notes in Note 1 in the BN chart will read "unless open space is the BC, CC -F and CC -C zones in relation to required provided upon the roof as indicated in note 14 below." will roofing related to gabled roofs and height. solve this problem 5 19.130.290 It is a violation of this chapter to sleep in, or use for any This contradicts RCW 35A.21.312 which prohibits other residential purpose, a vehicle, recreational vehicle, jurisdictions from allowing RVs to be used as primary or boat parked in a residential zone for more than 14 residential units. Adoption of conditions under which such a days in any 180 -day period, except as allowed by unit may be allowed can be drafted. This section can be re - subsection (1) of this section. written to allow only RV units which have been approved by the fire department, contain a toilet and showering facilities, or are located within a residential park containing these facilities. This is permitted by RCW. 6 19.190.020 Zoning boundary interpretation. Clarify that split zoning is not permitted as a result of a land (1) Following property lines. Where a zone boundary is division (BSP, BLA, SU etc.), creation of a tract or land use indicated as approximately following a property line, the action etc. Language could be included and replace item (3) "In property line is the zone boundary. to state, the case where an applicant's property is divided by two zone classifications, the applicant may (3) Other cases. Where a zone boundary is not indicated designate the zone of their property to the property to follow a property line or street, the boundary line is as boundary at the time of a proposal or building permit drawn, based on the scale shown on the zoning map. application provided the action does not totally disconnect adjacent properties from the existing zone classification currently,joining the adjacent properties." Exhibit A, March 14, 2019, Planning Commission Staff Report Page 1 of 2 K:\2019 Code Amendments\2019 Housekeeping Code Amend ments\Final 031319 2019 Housekeeping Code Amendments.docx EXHIBIT A 2019 Proposed "Housekeeping" Code Amendments I Items to be Addressed in 2019 1 No. Section 7 19.195 19.200.090 Setback Table All land use tables related to Day Care Existing Code Language Currently, a Public and Private Stable requires a Process II for approval, and "Raising Animals" requires a Process I If this can accommodate 50 or more attendees, then: 50 ft., 50 ft., 50 ft., otherwise 20 ft., 20 ft. 20 ft. Current table shows that Day Care Facilities managing 12 or fewer individuals and those managing more than 12 can be interpreted as having to go through a Process III approval. It is intended that this is provided for commercial facilities. Most Day Care facilities are for those providing care for 12 or fewer individuals in a dwelling unit owner and occupied by the owner which could be considered a "home occupation" and "Family Day Care" which do not currently require any Process reviews. Rational for Change/ Suggested Change These uses are part of the agricultural environment which is being permitted here. The only uses that should require any process of land use review should be commercial operations. Private stables or non-commercial raising of animals should not require a Process review and should be identified as "none" within the Process column. Should there be an exception or consideration for portables for schools (they were not anticipated in original code), and identify "this" as either any structure or the entire school. Provision applies to entire school when it abuts other RS zones. The tables should list a use for "Family Day Care as defined in FWRC 19.05" in the land use column, and "none" added in the process column, clearly identifying that no process is required for such facilities. Furthermore, FWRC 19.105.070 is, in some cases, in conflict with State law, and some of the conditions for Family day care should be removed in such instances including items 4, 6, 7,9,10, and 11. Family day care facilities are allowed as a home occupation and no other restrictions more restrictive than a single family household may be applied. 10 Land Use Urban Agriculture is allowed within these commercial Urban Agriculture should not be allowed within these zones Tables for CC- zones primarily intended for intensified commercial and except for 'farmers markets' which can be added as a use F,CC-C, OP and industrial activities. within the zones since it is defined. CE zones 11 19.215 Funeral Homes are allowed under a Process II and There should be clarification under which Process funeral "maybe" a Process III homes will be considered. Process III is suggested. 12 19.225.020 The CC -C table lists second-hand merchandise sales are This has prevented primary businesses that resell goods Note 13 not permitted as a primary or accessory use. secondarily as part of the primary business (toddler stores and chains) from establishing in the Core. The "accessory" should be stricken so that resales, part of the retail of the primary business can be allowed. 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