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Planning Commission MINS 02-20-2019r CITY OF FEDERAL WAY PLANNING COMMISSION February 20, 2019 r 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 324"' is to improve access to and from the City Center. As part of the proposal, staff recommends bicycle/pedestrian access to 32nd from 324"' 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 324"' 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 1/4 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'x', we don't know if the original plan would be sufficient to accommodate the proposed traffic. i 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 c 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'x' crosses 1-5. 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"' 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 ICarlson 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. 1 Pana Otteson — She lives within the rezone area. She is in favor of the proposal. When you drive down t 19t" 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 Coinmission 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`" 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. Dart -in 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 I-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 376t1i street. Engineer Perez noted that one of the concern of the city is connectivity, which is why 376t" 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. KAPIanning Commission\2019Neeting SummaryWeeting Summary 02-20-19.doc Planning Commission Minutes Page 5 February 20. 2019