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Council MIN 02-14-1990 Special " February 14,1990 Wednesday~ 7:00 p.m. CALL TO ORDER ROLL CALL OF COUNCIL STAFF PRESENT PRESS IN ATTENDANCE PUBLIC HEARING AUDIENCE COMMENT Requesting uniformity in zoning for property Requesting retention of original zoning by KC FEDERAL WAY CITY COUNCIL PUBLIC HEARING MEETING Decatur High School Performing Arts Center MINUTES Debra Ertel, Mayor, called the public hearing meeting of the Federal Way City Council to order. DEBRA ERTEL, Mayor, MARY GATES, Deputy Mayor, JAMES HANDMACHER, JOEL MARKS, ROBERT STEAD, LYNN TEMPLETON and JAMES WEBSTER. AL LOCKE, City Manager, JOHN WALLACE, City Attorney, DELORES MEAD, City Clerk, KAY SHOUDY, Interim Planning Director, SAM JACOBS, Attorney, CHRIS GREEN, Administrative Assistant. KURT HERZOG, Federal Way News (Official City Newspaper), MICHELLE FLORES, Seattle Times, DAN VOELPEL, Tacoma News Tribune, GEORGE FOSTER, Seattle Post Inte11igencer. This being the date set, and proper notices posted and published as required by law, Mayor Ertel declared the public hearing on the Zoning Map open. Mayor Ertel invited remarks by Councilmember Handmacher, Land Use Committee Chairman. Chairman Handmacher reported extensive work of the committee to prepare the zoning map as currently drafted. The document is still in process and the public was invited to comment for further drafts, producing and timing was of some inconvenience, but it has been moving along as rapidly as time allows. Both code and map revisions are anticipated prior to adoption. Comments tonight are to be limited to zoning map inquiries regarding individual parcels. Written comments were invited and upon receipt will be distributed to individual counci1members to be considered in review sessions. Additional hearings also will give further opportunity to comment. Remarks tonight are requested to be limited to three (3) minutes per person. Jon Potter, 1300 Alaska Bldg., Seattle, WA 98104, representing property owners at S.W. corner of 336th & Pacific Highway So., Federal Way, and involves 27 acres, with respect to request to City to retain the easterly 9 acres of property for commercial use and the remainder of the property as shown on the zoning map as manufacturing park. The property was zoned thru the Federal Way Community Plan as industrial and commercial - 9 acres commercial and the remainder light manufacturing, and they would request that a similar designation be retained. This would round out the 4 corners for commercial designation. Norman Koberg~ 1802 South 333rd St., Federal Way, representing self and family. They own southwest and northwest corner of 333rd and 20th Ave., they have two 5 acre tracts. Prior to the King County Use Plan that was adopted approximately 3 years ago, their property was zoned RS7200; the plan rezoned it RM2400 and they weren't officially notified until they received their tax bill. In 3 years they paid $21,000 on the 2 pieces of property and wants to know who will reimburse them for costs. -1- COpy Federal Way City Council Public Hearing Meeting Vebruary 14,1990 Page 2 (continued) Lodged protest because of rezoning Requesting retention as general commercial zoning Requesting BC Zoning Requesting return to RM900 zoning Norman Moberg, he asked Council if any of them would like to live on a 5 acre parcel that was divided up into single family dwellings surrounded by low income and high density apartments. He feels the Council's proposal regarding his property has been done without consideration for any other condition than that his property is currently not developed. He then lodged an official protest to the rezoning--the grounds for his protest are that this zoning change was done strictly arbitrary on the part of the person going out and tagging the property--they didn't consider the surroundings, they didn't consider its location. Jeff Wyszynski, 1201 Third Avenue, Seattle, WA, 98101, representing Exxon Corporation. In December 1988 Exxon purchased a parcel located on South 336th & Pacific Highway South. At the time Exxon purchased the parcel, the existing zoning was general commercial. Mr. Potter has recently addressed concerns regarding that area and Exxon wants to join in with that concern. The other three corners of the intersection are currently zoned commercial and under the City's proposed zoning they will remain commercial and those parcels can only have retail and commercial development. Under the proposed zoning Exxon's other corner would be changed to manufacturing; it is Exxon's position that general commercial use of that parcel is consistent with the surrounding area and is a more desirable use of that area than manufacturing; therefore, he requested that the area be retained as general commercial zoning in the City's zoning code. Robert Verzani, 30640 Pacific Highway South, Federal Way, representing himself; he is one of three owners of property located at 30640 Pacific Highway South. They have owned the property for more than 20 years. Their northerly lot contains an office of approximately 7800 sq. ft. The lot immediately to the south is vacant. The parcel immediately south of the vacant lot is the Oriental Garden Center. The garden center is improved and zoned BCP under current King County Zoning Classification. Likewise, their vacant lot is zoned BCP. As he reads the proposed draft he sees the BCP line terminating at the northerly portion of the Oriental Garden Center parcel. He is requesting that the line be moved one block north or 106 feet north to make that parcel also BC. Since he is one of the owners of the parcel to the north which is the professional office complex, it creates no problem. The development of his lot to a PO or professional office would be in direct competition with those buildings in West Campus and regardless of what type of building which they could construct on a 33,000 sq. ft. lot would not be a competition for the buildings in West Campus. This property does not have sufficient size to warrant development for professional offices or other related uses in the PO classification, i.e., medical/dental offices. Presented letter to Council. Nancy Weibl, 2005 S. W. 356th, Federal Way, representing self. It has been brought to her attention that there has been some downzoning and that her property is RS96. Her property is at intersection of 356th & 21st. When she purchased the property, King County had it zoned RM900 -2- Federal Way City Council ~b1ic Hearing Meeting Eebruary 14,1990 Page 3 (continued) Requesting the Council reconsider allowing Fred Meyer into area Requesting return to RM900 zoning Palisades Plaza - Requesting return to commercial zoning Nancy Weib1, in 1982 and was approved by King County BALD to not have any significant adverse impact on the quality of the environment nor was any environmental impact statement required at that time. Also the planning and building divisions reported that the subject property was consistent with the Federal Way Community Plan and would not be contrary to public interest. Submitted information to Council for review. Also she currenty has her professional office on property and downzoning would cause a great detriment to her livelihood. Kenn Wohihuter, 31973-36th Avenue S.W., Federal Way, representing self. He has lived in neighborhood for 15 years, business owner for 10 years; basically he is educated as an architect. He is concerned about the SW area of Federal Way. He is concerned about allowing Fred Meyer to build at 21st & 336th St.; he asked the Council if they had all visited the site at various time of the day and noted the traffic, all the other businesses in the area and the fact that there are already 2 other supermarkets and shopping centers in the area--Fred Meyer at 55,000+sq.ft. is not a store, it is a shopping center. It is difficult to handle traffic now and this will only create further problems. Provided letter to Council. Jerry Toohey, 33l25-l5th Ave. So., Federal Way, representing self. He is concerned with a couple pieces of property; a couple of parties have already spoken regarding property located at corner of 20th S.W. & 356th have been rezoned in 1982 to RM900 and in comprehensive plan and proposed map shows as RM9600. Another piece of property he is concerned about and has an interest in in the same area at approximately 354th & 21st S.W., which is presently zoned business and he had an application for a restaurant and was already in the permit process when the moratorium came. At the present it is shown as office park; this property has been on the market for a number of years and the owners are retired teachers who are depending on a profit for their retirement. The restaurant supposed to be built is a nice restaurant. He has sent several requests, but has not received any answers to his questions and requests a response. Nadine Zackrisson, 500-108th Ave. N.E., Suite 2100, Bel1evue, representing owners of piece of property located on the northwest corner of S.W. 320th & 47th Ave. ~1e site is approximately 10 acres, is surrounded by multi- family development, there is existing ~ommercial development to the east. The owner intends to build a small retail center consisting of a food store, drug store and other retail areas and is well on his way to lining up tenants. It has been zoned commerc.ia1 by the county since 1979 and plans for commercial development have been underway since 1979. The grading permit was ,filed with the county in June 1989 and because of issues per- taining to wetlands on the property which necessitated an appeal, the filing of the building permit was delayed until early September, however, complete building application has been filed with the county and is in the process, the project as we understand it is vested under existing law and has the right to proceed with construction. The issue here tonight is the proposed downzoning, it is designated on the map for office with PO zoning rather than a commercial designation. To rezone this property -3- - Federal Way City Council ?ublic Hearing Meeting February 14, 1990 Page 4 (continued) Consistent zoning in areas of close proximity Requesting zoning returned to original status Zoning and revenue impact on area Nadine Zackrisson, to professional office will be to make this project nonconforming; it is not going to prevent it from being constructed, it is not going to make it go away, it is going to present the owners, however, with some significant financial difficulties; lenders are uncomfortable with nonconforming uses because, of the potential problems with expansions, enlargements, modifications, in the event of serious damage to the property such as fire, with some serious problems even being able to rebuild. The city's limitation in the draft zoning ordinance are very stringent and these may be reasonable in some circumstances, however, when applied to a new project, it really presents some hardships. They feel downzoning is unfair, inequitable, unreasonable and will cause some serious and substantial financial hardship for the owner. Mr. Hall has lived and worked in the Federal Way area for some 20 years and he has invested some substantial amounts of money in reliance on the commercial zoning that he has had for 10 years. Because of the question of potential damages, I would ask that the Council seriously think about discussing this issue with the city attorney--I am sure that you probably already have. She asked that the commercial zoning be retained. Bill Segale, 31407-27th S.W., Federal Way, representing self. He is talking about the property zoned BC on South 344th & 16th South--everything south of 344th on 16th South on both sides is zoned BC all the right up to 356th, except 2 parcels on the westside on 356th--piece that Doug Clerget just acquired, plus the freight terminal that he owns and also the cement company--now everything on the westside is zoned BC all the way up to 356th; is there any reason why the whole area shouldn't be zoned the same ,? Clinton Campbell, 2702-50th Ave. N.E., Tacoma, representing self. The property in question is located at South 333rd & 13th Ave. So., which would be considered the northwest quadrant of that area. It is behind the Worthington Ford garage for its proximity. His concern is that he has owned the property for 15 years and when he purchased it it was with the idea that it would be zoned light manufacturing which prompted the reason for having bought it. The last 6 years he has utilized the property for his benefit--he owns a construction company, which is a utility company in the area--now that he has utilized this property in the last 6 years in line with the zoning, and if zoning is changed he is now faced with having to move his shop and will have problems using his property as was in the past. He requests that the Council put his property back to the original zoning. Ray Schow, 33130 Pacific Highway South, Federal Way, representing All Night Printery. He feels the zoning discussions goes back further than just particular pieces of property. He's watched this process go, its been done fast and spent $80,000 of City money to study the land use plan and what he is saying is how much money has been spent to take a look at the revenue impact that this will have on the City in the future. He is concerned about that because when the City has a shortfall in revenue he knows where they will start looking--they'll look to the business community for B & a utility tax and so on and he says the time -4- - Federal Way City Council Public Hearing Meeting February 14, 1990 Page 5 (continued) Zoning and revenue impact Slope of property Campus Crest & Campus High- land vested Requesting zoning of his property be consistent with surround area Requesting zoning change to allow business Requesting zoning returned to original status Requesting zoning be changed to professional office - East Campus Medical Center Ray Schow, to look at it is now before there is a problem. He feels the City should consider that small businesses will bring in more revenue than residences. Bill Drake, 33130 Pacific Highway South, Federal Way, representing Drake Sanchez. Like Mr. Schow, he feels the Council should review the numbers arrived at by interviews and research with King County Assessment & Department of Finance. The business community needs growth in order to bring in the City's revenue. David Thorstad, 29505-7th Ave. S.W., representing his business as an architect. He purchased property to build his home and if the current zoning is approved he will be unable to build anywhere on the lot because the property exceeds 40% slope. Gary Young, 4030 Lake Washington Blvd. N.E., Suite 201, Be1levue, rep- resenting Polygon Corporation. Submitted letter on February 9, 1990, regarding their previously vested properties of Campus Highland and Campus Crest. Asking that they be allowed to continue with their developments and that the City accept their proposal. Roy Snyder, 29640-l1th Place So., Federal Way, representing self. Has property that has been in his family for over 60 years and is located at Highway 99 and 3/l0th of mile south of 356th (250' frontage); the entire area down to their property is zoned business, so he doesn't know what their property wouldn't be considered business as well. Bob Blackstone, 35620 Enchanted Parkway South, Federal Way, representing self. Operating body shop/repair service at Kit's Corner area. Due to new zoning, he will be unable to continue with his business even though a new car dealership next door to him is allowed to continue with that type of business. He requested Council rezone his property, so that he is able to continue with his business. John F. Karl, 35620 Pacific Highway South, Federal Way, representing self. He operates Siesta Motel on the southeast corner of 356th and Pacific Highway. He has been zoned BC for almost 20 years and just recently was changed to manufacturing park; he is requesting that his property retain the original zoning of business commercial. He wants Council to take good look prior to downzoning properties. Tony Starkovich, 1112 South 287th Place, Federal Way, representing self as owner of Yellowstone Investment Company in Federal Way. Gave letter to Council dated February 13, 1990, regarding Brooklake Village located at S.W. corner of Pacific Highway South & South 348th Street. He is also concerned about his property known as East Campus Medical Center located at South 348th Street and llth Avenue South; when this subdivision was first established it was zoned ML under King County and now it is proposed to be manufacturing park; he does not feel that is good use of the land; and is requesting a professional office zoning of his property. -5- 'ederal Way City Council Public Hearing Meeting February 14, 1990 Page 6 Requesting return to original zoning Requesting return to original zoning dy1ebos Wetland & canyons in Federal Way area Requesting professional office zoning Roy VeIling, l725 S.W. Roxbury, Seattle, representing self. About 15 years ago he purchased the property on the corner of 356th & 1st Avenue South (SE corner); it is heavily wooded and he has a1ittle rental house on one end of the property. About 3 years ago he hired Barghausen Engineers to rezone the property to professional office or RM900 and was successful. His intention is to build a professional office building and he requested the Council to allow him to retain the current zoning. Larry Meek, 2505 2nd Ave., Seattle, representing partnership known as North Shore Village Asociates; they presently own two pieces of property in Federal Way, one of them being at 21st and 356th at the end of the 21st corridor and have owned it for approximately five and a half years. Under the past zoning they were allowed to either develop a large grocery complex with retail developments surrounding it or allowed medium density residenta1; part of the property is partially developed into retail and the other part is totally undeveloped. They are requesting that they be allowed to retain the prior zoning they had under King County due to the fact that if they are downzoned they will not be able to build a large grocery complex and utilize the property as it was intended. Ilene Marckx, 34915 4th Avenue So., Federal Way, representing self. Has owned commercial property in Federal Way since 1942, and within 2 years they had a building on the way (currently being used). Federal Way is her home and is very important to her. The extensive membership of the Hy1ebos Wetlands support organization wants to commend the Council for retaining the land use based on wetland edge and its buffer. All wetlands and buffers are slated to be purchased in April from open space funds, but now she is concerned about the canyons--Lakota, Peasley, Redondo, the canyon at Retensive Woods, Woodmont canyon, Dash Point Road going west from 21st and the Military Road between 286th and Star Lake Road; she feels we need to retain their beauty now before it is too late. Has asked Representative Brough to get on the bottom of the ladder to save these canyons. Patrick Rhodes, 33811-9th Avenue South, Federal Way, representing self. Has been a resident for about 15 years and is a partner in a CPA firm, Rhodes & Fu11away, P.S., and has sent letter to Council dated February 14, 1990. He has two parcels to discuss; the first being on South 348th, just west of 9th Avenue South (across street from park and ride and near hospital) and is presently zoned ML; if Council rezones it to industrial office park they will have to take a large loss; they are requesting zoning to professional office. Their second parcel is their present office building located at 9th Avenue South and the Council wants to rezone property to industrial office park; they are requesting that they be allowed a professional office zoning determination or they will be left with a non-conforming building. -6- Federal Way City Council ~blic Hearing Meeting February 14, 1990 Page 7 Huntington Retirement Homes - requesting rezoning Requesting return to original zoning Requesting residential zoning Commended Council on their stand on low density residential Request for urban residential zoning Monte Powell, 29609-8th Avenue South, Federal Way, representing Huntington Retirement Homes. In 1986 he starting working on property to build a , campus for seniors on northwest corner at 356th and 1st Avenue South and was zoned RM1800 and now it has been changed to RS7200; he doesn't want either classification, he just wants permission to build a senior campus on the site and he only needed RM2400 density and tie it to a site plan. He has made the decision to not invest anymore money until zoning is clarified, but is anxious to bring senior housing to Federal Way. Linda Fuller, 37304-33rd Avenue South, Edgewood, representing self. She has restaurant plans for 356th and 21st Avenue S.W.; she has applied for liquor license and was accepted; she has previously submitted informatior to Council. If the Council rezones her property, she will be unable to build a restaurant. She has submitted a petition to Council signed by 360 people who have indicated a need for a restaurant in the area, and is requesting prior zoning be retained. Lloyd Black, 140 S. W. 353rd, Federal Way, representing self. He is the neighbor just north of Monte Powell. His driveway is next to the new complex, Emerald Forest; he represents himself, his brother and mother- in-law. At the northeast corner of her property is one of the Hylebos tributaries. He would like to propose that the RM9600 zone just to the west of that be extended to include the 5-acre tract in that area as a buffer between Mr. Powell's area and the RM2400 apartment complex. They all have large homes in the area and want to keep it for residential; due to the tributary of the Hylebos wetlands and the steep area, any apartment construction would be severely restricted. Bob Wojnicz, 941 S.W. 296th, Federal Way, representing self. He wants to talk about the area--north central with Puget Sound to the north, Dash Point to the south, Lakota Beach to the west and 8th S.W. on the eastside. He wants to address the 40% slope rules--he thinks they previously existed in the King County Code. He commended the Council on their stand on low density residential. Also discussed some non- conforming use in his area. Walt Danilchik, l6765-28th Avenue S.W., Burien, representing self. He would like to discuss a 20-acre tract that faces Pacific Highway in part at 304th Street and 21st Place on the east; the tract has had a varied history--for a time it had been zoned as multi-family (2400) and for some reason it was turned back; he thinks the best use of the land would probably be multi-family, however, the tract is about as urban an area as possible; he feels it should be mixed use and allow developers to do some planning; it is presently zoned 7200, but he requests that the Council consider at least 3600 zoning or an urban residential zoning for the area. -7- Federal Way City Council - 1>ub1ic Hearing Meeting i'ebruary 14, 1990 Page 8 Multi-family is important, as is single family Requesting Council to slow down Requesting RS72OO zoning Land Use Committee Meeting on 2/15/90 Merle McC1atchie, 702 S.W. 294th, Federal Way, representing self. She is at meeting as an individual, has lived in area for 24 years and would like to speak for private property rights. She is concerned about one area that not many people have addressed tonight, and as President of the Southwest Council of the Board of Realtors and a member of the Board of Directors Seattle-King County Board and on the state level as a State Director, I sit on the Land Use Commission at the state level; never in the history of the State of Washington have the owners of property been hit with more no growth bills than has been presented in the last 6 months regarding vesting. Multi-family is very important to area, as is single family development. A. B. Christensen, 33l14-26th S. W., He is retired and just interested in that Council will take their time to date and look into people's concerns hurry it. Federal Way, representing self. what is happening in area. He hopes act on zoning and delay February 28th and come up with a good plan--don't Dale Roper, 32701-30th Avenue S.W., Federal Way, representing self. Has been a resident for 22 years; he is a landscape architect and planner with private practice also in Federal Way. In 1989 he and his wife purchased a 3-acre parcel of property just east of Mirror Lake--it is a parcel which abuts the Golf Fun Commercial Recreation Facility on Golf Fun's west property line. The parcel is currently zoned SR zone, which allows development of RS7200 lots as long as certain urban surfaces are available. The sale price of the property reflects its potential use from the basis of 7200 sq ft lots; the SR zone block he is in is bordered on the north and west by RS7200, on the east by 1st Avenue which has RM2400 across the street and is bordered on south by RD3600 and a small parcel of RM900. Under proposed zoning, his property shows as RS9600--this is a lower zone which is now in effect through King County and additionally is a lower zone than any of the abutting properties. He requested that the SR zone block be zoned to RS7200 consistent with surrounding zones and uses and consistent with urban surfaces available. Mayor Ertel asked for any additional comments from the public, and being none, asked Land Use Committee Chairman Handmacher if he had any further announcements; Chairman Handmacher then reported that the Land Use Committee would be meeting tommorrow night at 5:30 p.m.; the agenda is to spend the first hour to hour and a half finishing up consideration of the land use codes and then spend the remainder of the time going back to the land use map and consider tonight's comments and those received in writing, as well as those issues the committee has identified; Chairman Handmacher then invited the public to attend his committee meeting on February 15th and mentioned that they will allow some audience partici- pation, but would be limited due to their workload. The committee will meet at City Hall, Council Chambers. -8- Federal Way City Council - 'Public Hearing Meeting February 14, 1990 Page 9 Public Hearing continued to 2/27/90 Mayor Ertel then announced that this hearing would be continued to February 27, 1990, and that the Council will continue to take written comments up until that date. As there was no further comment from the public and no further business to come before the Council, Mayor Ertel declared the public hearing recessed to February 27, 1990. ß/~~Af/ t/, .ap~~ Dé10res A. Mead, CMC ; City Clerk -9-