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Council MIN 02-27-1990 SpecialFEDERAL WAY CITY COUNCIL PUBLIC HEARING MEETING FEBRUARY 27, 1990 SACAJAWEA JR. HIGH SCHOOL TUESDAY, 7:00 p.m. CAFETERIA M I N U T E S CALL TO ORDER DEBRA ERTEL, MAYOR, CALLED THE PUBLIC HEARING MEETING TO ORDER. PLEDGE OF Councilmember Templeton led the Pledge of Allegiance. ALLEGIANCE ROLL CALL OF DEBRA G. ERTEL, Mayor, MARY E. GATES, Deputy Mayor,. COUNCIL JAMES V. HANDMACHER, JOEL MARKS, ROBERT E. STEAD, LYNN J. TEMPLETON and JAMES E. WEBSTER. STAFF PRESENT ALLEN B. LOCKE, City ?Manager, PATRICK T. FLOYD, Asst. City Manager, JOHN D. WALLACE, City Attorney, KAY SHOUDY, Planning Director, SAM JACOBS, Land Use Planning Consul- tant, DELORES A. MEAD, City Clerk and CHRIS GREEN, Senior Secretary. PRESS KURT HERZOG, Federal Way News, (Official Newspaper), ATTENDANCE MICHELLE FLORES, Seattle Times, GEORGE FOSTER, Seattle Post Intelligencer and DAN VOELPEL, News Tribune. PUBLIC HEARING ZONING CODE AND This being the date set, and proper notices having been 1- MAPS posted and published in accordance with state and local statutes, the public hearing on the Zoning Code and Maps for the City of Federal Way was declared open. Mayor Ertel invited public comment, first by persons who have not previously testified, those having already spoken to then have an opportunity to again address the Council. AUDIENCE COMMENT Zoning Code Tom Sfepanek, Executive Director, Orion Industries and Map, 7600 Fifth Avenue S., Seattle, 98108, inquired if Orion letter from Ronald L. Branham, Orion Executive Vice` Not - for - Profit President, was received by Council. (receipt confirmed Handicapped by Mayor Ertel). The letter advised of Not - for - Profit Service Center plan to expand to Federal Way to serve the handicapped 75% Reduc. population in South King County and Pierce County. to 40% Lot Concern was expressed regarding proposed reduction of Coverage lot coverage from 75% to 40 %, a 45,000 square foot Inadequate building and 80 parking stalls planned on their 2.2 acre for Building lot, 40% coverage limiting building size to 18,000 square feet, inadequate for their needs. It was requested that 75% lot coverage provision be retained. (Vicinity of Metro Park & Ride Lot, at 348th and 9th'Ave.) 30 ft. Max. Tom Braatan, Braatan Construction, Inc., Federal Way Height for Custom Builder for six years advised height restriction Houses to of 30 ft. maximum for residential houses in the new Prevent Custom Code will prevent custom houses such as the Ridge, Homes of Qual. Campus Estates and Stonebridge. King County 30 ft. is height measured from top of gable to Hurting the maximum average Industry wall plate making greater height available. If average 1- FEDERAL WAY CITY COUNCIL PUBLIC HEARING MEETING 2./27/90 (cont . ) AUDIENCE COMMENT (Continued) Braatan to top of roof is 30 ft., a two story house with an Construction 8 or 9 pitch roof cannot be built. The Code as proposed will prevent building of nice homes and will hurt the industry. Exxon Corp. Gary Huff, Karr,Tuttle, Campbell Law Offices, 1201 Third Planned Serv. Ave., Suite 2900, Seattle, WA 98108, representing Station /Conv. Exxon Corp., noted demographic study indicated site ideal Store 336th - for a service station. Site was acquired 18 months ago, Pacific Hwy. located at the S.W. corner of S. 336th St. and Pacific Request for Hwy. S., a service station, allowed by the County Code, BC or CC or and convenience store planned. All the other corners are '.iP to Permit either BC or CC, their corner to be MP and the planned Service use no longer permitted. Concerns regarding stream Stations feeding the Hylebos Wetlands (a considerable distance from this site) could be handled by design and engineering rather than zoning, modern technology allowing abatement and control. It was requested to have the site BC or CC or to add service stations to list of allowable uses in the MP zone, as allowed in the County. Council urged Dick Knutsen, English Gardens area, 33109 10th P1., to Re.strain urged Council to heed voters who elected them to Multi- family represent voter interests in restraining development. Development Single family homes mean fewer people than apartments. Va1�ies as concerns traffic safety, residential crime, e-te., to be considered, citizens standing to lose, apartments bringing millions of dollars to investors. He stated "Kids in this school just say no to developers, s om et im es . E_a,rly,Acti,Qn Gary Tusberg, congratulated Council on culmination of on Interlocal long hours of work to arrive at present position on Agreements` Land Use and Zoning. He urged Council attention be -nYged to ?1l.ow directed to those in midstride under construction with work_ .t o- g.p?pfi` sites and keeping crews busy while changes are being duz ng;.fi�� ;effected. Early action urged on Interlocal Agreement Change.from to determine - whether pending permits will be processed County to City by the City or County. Stand Tough Jim Boldt, 505 S.W. 328th, resident of West Campus for on Land Use ten years. Federal Way became a City for purpose of Issues control. Need place for kids to play; roads are over- crowded. Council was urged to stand tough in regard to Land Use development. Letter invitation he received from Chamber of Commerce to contribute $500.00 for Land Use Attorney offensive to him. 30 ft. Height Phil Helmer, President, Helmer Pacific Custom Builders, Restriction alsoPresident of Sterling Home Builders Group; six ,Sndue burden high-end/medium end custom builders centered in Federal on builders. Way area called attention to elevations and height -2- FEDERAL WAY CITY COUNCIL PUBLIC HEARING 2/27/90 (_cont . AUDIENCE COMMENT Zoning Code and Map (cont.) 30 ft. Max. restrictions of the new Code which will prevent Height Restric. attractive design and cost home owners more money. undue .burden A minor adjustment regarding location,--that gr4­de, on Custom elevation is to be taken from would establish .builders (cont.) reasonable compromise. Opposes 30 ft. Jeff Dunn, Federal Way citizen for ten years, also Ht. re_st.riction concerned regarding average building elevation. He on.xe,sicZentiaj is presently designing a house within the Ridge houses under King County rules and regulations. He does not want to have to redesign his house and requested return to 35 ft, maximum height for houses, per King County regulations. Petition filed George Schilling, 2004 S. 287th Pl., a retired to 'Park b -oats, .senior citizen, purchased a home in Federal Way in etc.._. on their 1967. He now owns a boat and motorhome and wants to Properties keep it on his property. He submitted petition with 12 signatures objecting to any restrictions of rights to use their properties as regards parking of recreational vehicles, motorhomes, boats or trailers in the front or in the back yards. Process I in Code Jake Walker, representing Federal Way School District, regUe.5.te -d for all also a resident for 15 years, hoped the Council is sclo•ol.construct- looking to the future as well as currently. He ion and perm -its inquired regarding Conditional Use Permit procedure, for portables Schools located in residential areas, and Process 2, requiring public hearing which may take sixty days to secure a permit, a timing problem. Modernizing Schools and moving portables already under State level restrictions, another hearing process posing greater difficulty, especially since school year is well along. It is critical to narrow time constraints not increase. Not trying to bypass issues of Community involvement many advisory Committees work with the school and Community Staff. The City, having control has responsibility to respond to current needs of the School District, Process 1 for all school construction programs and permits requested in order to allow for portables. (See later Council action.) Solutions . Kurt Jensen, Commercial Design Architects represen- 10% Tot ,coverage, ting Western Securities; West Campus Project has no ­66:d!j: and BN Zoning with exclusion of two acres. Meets all BN acce.s.�;__- adi.ac,en-t requirements including modulation and landscaping t_o the� sch:Qol,' at and the architechural scheme is in line with adjacent the- b:aek -. neighborhood, significant trees to be retained at N.W. corner of the site. The detention pond would detain overflow water from the lake and adjacent ballfields and guide it to grassland swail and adjacent ditch and downstream. Site plan also -3- PEDERAL WAY CITY COUNCIL PUBLIC HEARING 2 -/ 2.7 [YO.., AUDIENCE COMMENT (Cont.) Zoning Code and Map indicates a pathway to the ballfield to emphasize 10% Lot Cov. pedestian access both to and from the shopping center. Access Adj. to The access adjacent to the school was eliminated due the School at to traffic and potential danger to children. Comparing the Back to King County standards solutions proposed were to (cont.) require 10% lot coverage and no modulation and access adjacent to the school at the back. Roy Holland, represents himself, wonders who represents the person who lived here 30 years, paid taxes on property counted on for retirement and then have it taken away through zoning changes. He doesn't see how height restrictions will make less dense or keep people out. A single family residence is a single family residence. Zoning on S.W. Paul Benton, P.O. Box 2874, Kirkland, inquired regarding 312th and 1st different maps displayed and distributed, Councilmember Ave. S. is Handmacher noted one was the Comprehensive Plan map, Prof. Office the other the Zoning Map. Mr. Benton inquired as to zoning on property at the N.E. corner of S.W. 312th and 1st Ave. S. Councilmember Handmacher advised that the proper zoning on that parcel is Professional Office. Paul Applin, P.O.Box 1649, Bothell, has ten acres zoned in 19-78 and reaffirmed in Comprehensive Plan of Federal Way in 1986; located on 47th Ave. and N.W. intersection of 320th (if it crossed 47th). Made a presentation to DIRE when made application for grading bu-° ,1,.drn•g, permit with King County. They are vested and tried to abide by rules and regulations. The land has suddenly been rezoned to OP..This particular shopping center, was promised to neighborhood as part of P.U.D. for Twin Lakes. Parking Jeff Mann, Pac -Tech Engineering, Inc., representing Code M. & T. Joint Ventures, expressed concerns regarding standards parking and restrictive Zoning Code standards. Changes restrictive in the Parking Code felt to significantly affect viability of Commercial property within the City center, doubling or tripling the amount of parking area required to service retail patrons coming to the Center, ie. Gateway Center parking to be reduced in half by the new requirements. Shared parking noted and reduction in parking requirements requested where there is overlap of use. Also, regarding non - conforming use for signs, pole signs are often anchor tenants, the sign cost not in amortization but in terms of lease obligations of long term tenants. -4- FEDERAL WAY CITY COUNCIL PUBLIC HEARING 2/27/90 ( -cont . ) AUDIENCE COMMENT (Cont.) Zoning Code and Map. Counei'J, ur.g.e:d Richard Burris, stated Council has in its hands the to ad©p't"Cod'e_ authority to adopt the kind of Code and conditions as pr•opos -ea. people will want to invest in. Geography isn't going to change and people will continue to invest in the path of progress. Council was urged to adopt the Comprehensive Plan and Zoning Code as proposed. Nancy Weibel, 2005 S.W. 356th, inquired if property zoned Professional Office under King County has changed. Professional Office was confirmed. Proposed Code:; Bob Blackstone, 35620 Kit Corner Rd. S., 98003, advised BC #3 pg. 45 -3 BC zoning restricts auto body repair shop, however, Prohibits Auto it allows new car dealer (right next door) to operate Body Shop but a body repair shop. Also, in new code, 80% of auto body mew -car dealer repair shops in Federal Way are non- conforming. This next door can zoning change threatens their business, means of opee,rate_ body, livelihood and investment for future retirement. It was re,pai-r shop, requested note X63, pg. 45 -3 be eliminated. Request to David Morrison, 4224 Waller Rd., Tacoma, 98443, M &'-T. continue with- Joint Ventures, recalled City intent to comply with King County, King County regarding height of houses in residential his project zones and builders in Federal Way of larger homes find ve.ste.d. the : for -mula not the same. His 36 lot before the County Council and no action taken pending Interlocal Agreement execution. He has been working 18 months on the project and requested to continue with King County to completion of his project. Owns: 2.-5-acre Norman Loberg, 1802 S. 333rd St., Federal Way, questioned ParceJ,-"s;. what is happening to family's properties, his two five- - Zoning Change acre parcels arbitrarily rezoned from single family to Upsetting multi - family. The Land Use Plan indicated Business and now returned to single family. His property is totally surrounded, some of the properties in construction process without zoning. Council was requested to look at his property again. Inquiry as to Larry Meek, representing owners of property on the N-._k'. Zoning, BC corner of 356th and 21st, and inquired whether 7 =1/.2 Confirmed acres was BC zoning. Mayor Ertel confirmed BC. Amendment John McCullough, submitted modified concomitant From BN to agreement for property at 348th and 1st Ave. S. dealing BC Requested with access, traffic and insuring the development to be for 348th and master planned through the City's process. The develop - lst Ave. Site ment will not cover more -than 60% of the lot area unless off_s_it_e and. upstream storm water detention facility pro- vided. An Amendment from BN to BC requested. -5- FEDERAL WAY CITY COUNCIL PUBLIC HEARING 2/27/90 (cont.) AUDIENCE COMMENT Zoning Code and Map (cont.) Quadrant Wally Costello, Quadrant Corp., 11100 N.E. 8th, Bellevue, Cgpoat.e.' `• noted Council visitation to Bothell 175 acre development Centex 4n3 site, a planned business park; 34.2 acres dedicated to Pa "rk'_s.i$e;; open space, center drainage channel, 4 fields and open Projects, space areas,totalling 19.5% of the 175 acres. West Campus, West Campus has 312 acres of open space of the 1600 plus acres. The package proposed for the two projects, Quadrant Corporate Center and Parkside, with normal landscaping is about 75% coverage, the whole project less because of Master P.U.D. Individual lots in Bothell or West Campus cannot accommodate less coverage such as a P.U.D. can. Zoning Change Jim Harrison, Bush, Roed, Hitchings, Inc., private Req. to Permit Civil Engineering Firm, on behalf of the Exxon Company, Exxon Serv. requested Council reconsider its action of downzoning Sta. at 336th property at the S.W. Intersection with 336th and and Pac. Hwy. Pacific Highway S. to permit a service station at this site. Wetlands Amply The site concern regards proximity to Wetlands. Their Protected by site is one mile N.E. of the wetland area. Protective Dept. Of Ecol. containment measures and monitoring systems required Stand. and by the Dept. of Ecology Standards , as well as New County —,extensive new program adopted by King County for viable filtration protection in and around wetland areas of ample protection, alleviating any problem as may concern wetland proximity. PUBLIC HEARING There being no further audience comment, Mayor Ertel CLOSED declared the public hearing on the Zoning Code and Maps closed. OLD BU S IN'E S S COMM -17 EE REPORTS Park.s & Councilmember Webster, Chairman of the Parks and iecr•eation, Recreation, Cultural Arts Committee, announced that the Cultural -Arts Committee will meet on March 7, 1990 at 7:30 a.m. at Meet., 3/7/90 City Hall. Representative of the King County 7:30 a.m. Interagency for Outdoor Recreation will be present to discuss a Comprehensive Plan for Parks & Recreation and Open Space for Federal Way, funds for which are budgeted. Faci,i,.t_ies: & - Councilmember Stead, Chairman, Facilities and Personnel Come. Personnel Committee, announced meeting on Wednesday, 2/28/90 2/28/90 at 9:30 a.m. to discuss acquiring word process - 9:30 a.m. ing equipment and prospective sites for City Hall, Meeting having outgrown space in the present facility. FEDERAL WAY CITY COUNCIL PUBLIC HEARING 2/2.7/90. (cont.) OLD BUSINESS COMMITTEE REPORTS (Cont.) Public Serv. Coucilmember Marks, Chairman, Public Services Committee, Committee reported all contracts referred to the Committee have All Interlocal -been completed, City Manager Locke commended for Contract - Agree- efforts of accomplishment. Regular meetings of the ments completed. Committee are held on Fridays at 7:30 a.m. Budget, Finance and Insurance Committee Adoption of Interim "Mission Statement" for the new govern- ment of Federal Way Human Services Committee Meeting 3/1/90 7 : 3.0. a .'m.. Birth to 3 Developmental Center Land Use P14n4ing, and Transportation Committee 3/5/90 7:00 a.m. Meeting Begin new planning process Polygon 2000, Inc . Concomitant Agreements, Campus -Crest & Campus Highland Councilmember Gates, Chairman of the Budget, Finance and Insurance Committee, announced 3/16/90 meeting at 9:00 a.m. at City Hall to review past referrals and to schedule a new agenda. Deputy Mayor Gates reported review of 1981 "Declaration of Independence" signed by 101 citizens, including some present Councilmembers, during prior Cityhood attempt. An extraction from the document was presented with recommendation for acceptance by the Council as as interim "Mission Statement" for the new government of Federal Way. Councilmember Gates read the statement. (.See attached.) MOVED BY GATES, SECONDED BY STEAD, TO ADOPT THE INTERIM MISSION STATEMENT. MOTION CARRIED. Councilmember Templeton, Chairman of the Human Services Committee, announced 3/1/90 meeting at 7:30 a.m., City Hall to meet with Kathy Monzelowski and John Cordell of the Birth to 3 Developmental Center; also, will be looking at Contingency Fund and requests for proposals for teen programs which the city might wish to fund. Councilmember Handmacher, Chairman, Land Use and Transportation Committee,reported meeting last night until 1:30 a.m., Next meeting is on Monday,3 /5/90 at 7:00 p.m., to deal with items left from tonight's meeting and to set up framework for proceeding to the next round of the planning process. Land Use Committee Chairman Handmacher reported concomitant agreements, requested by developers, submitted to Council for consideration at this time. 1. Polygon 2000, Inc. 2. Fred Meyer 3. Quadrant. Concomitant Agreements: Campus Crest and Campus Highland; all Councilmembers have received copies. The Committee recommended approval for execution. Document was read by Title. MOVED BY HANDMACHER, SECONDED BY STEAD, TO AUTHORIZE CITY MANAGER LOCKE, TO ENTER INTO CONCOMITANT AGREEMENT WITH POLYGON 2000, INC. Chairman Handmacher outlined provisions of the agreements noting,in light of probability that develop- ment would go through approved or not, the Land Use -7- FEDERAL WAY CITY COUNCIL PUBLIC HEARING 2./27/90 (eont . OLD BUSINESS COMMITTEE REPORTS (cont.) Polygon 2000, Committee, in light of concessions,recommended the Inc. Concom- agreements be authorized. Without the agreements there tant A- greement would be even more multi - family on the sites and impacts would be greater. Regarding given alternatives, voting for the agreement deemed the most realistic and responsible action. After discussion by Council, Polygon was thanked for cooperation and sensitivity, and the Committee for working out agreement for betterment of the neighbor- hood. Question was called for on the pending motion to authorize execution of the concomitant agreements. MOTION CARRIED. TEMPLETON OPPOSED. The Fred Meyer agreement deferred until later in the meeting, awaiting a signed copy,and Quadrant deferred until later in meeting when Zoning Code is discussed. ORDINANCES /RESOLUTIONS RESOLUTIONS RES. NO. 90 -17 A Resolution was read adopting an interim Comprehensive ADOPTING A Plan for the newly incorporated City of Federal Way. COMPREHENSIVE PLAN MOVED BY STEAD, SECONDED BY HANDMACHER, TO ADOPT THE RESOLUTION NO. 90 -17 AS READ. MARKS VOTED NO. CARRIED. RES. NO 90 -18 Establishing Fees for APp1icaitifi6ns; A Resolution of the City of Federal Way was read establishing fees for applications and,Permits of the City. MOVED BY HANDMACHER, SECONDED BY TEMPLETON, TO ADOPT RESOLUTION NO. 90 -18 AS READ. CARRIED. RES. NO. 9 -0 -19 A Resolution was read setting forth findings, reasons Findings, and eg:nclusions for supporting issuance of the Aegs.4n_s. ink Determination of Nonsignif icance for Zoning and Land Conclusions Use Code. sup,portfg I;sstr�.nce:.4f MOVED BY HANDMACHER, SECONDED BY TEMPLETON, TO ADOPT mi <n3t;ioW THE RESOLUTION AS READ, CARRIED. Of Nonsignificance ORDINANCES ORD. NO. 90 -38 An, Ordinance of the City of Federal Way was read adopting 'Ad Q_p t in-g: a Ma s -t ex P•r• o:�x am,. f Or t li_e-- Shore-1 in es a Shoreline Master Program for the shorelines located within the juridiction of the Shoreline Management Act of 1971, R.C.W. Ch.90.58 as the same exists or may hereafter be amended and the Shoreline Management Guidelines as provided in WAC 173 -141; adopting a Master Program; establishing shoreline environments and shoreline use activities; adopting related shoreline rules and regulations; and establishing an effective date. Errata sheet to include typo and wording changes was outlined as distributed. -8- FEDERAL WAY CITY COUNCIL PUBLIC HEARING 2/27/90. ORDINANCES /RESOLUTIONS ORDINANCES ORD. NO. 90 -38 (-Cont.) Adopting a MOVED BY HANDMACHER, SECONDED BY MARKS, TO AMEND THE Shoreline ORDINANCE TO INCLUDE ERRATA. ROLL CALL VOTE ALL AYES. Master MOTION CARRIED. Program MOVED BY HANDMACHER, SECONDED BY STEAD, TO SUSPEND (.Adopts King THE RULES AND WAIVE SECOND READING. CARRIED. Co. program verbatim but. MOVED BY HANDMACHER, SECONDED BY STEAD, TO ADOPT can rebuild ORDINANCE NO. 90 -38 AS'AMENDED TO INCLUDE ERRATA. to 75% if ROLL CALL VOTE ALL AYES. MOTION CARRIED. destroyed.) ORD. NO. 90 -39 Ordinance was read providing for mitigation of impacts as a direct result of development activity, declaring Mitigation an emergancy and establishing an effective date. of Impacts of Errata changes were outlined as distributed. (typos) development MOVED BY HANDMACHER, SECONDED BY MARKS, TO AMEND activity ORDINANCE NO. 90 -39 TO INCLUDE CHANGES SET FORTH IN ERRATA SHEET. ROLL CALL VOTE ALL AYES. CARRIED. MOVED BY HANDMACHER,SECONDED BY STEAD, TO SUSPEND THE RULES AND WAIVE SECOND READING OF THE AMENDED ORDI- NANCE. MOTION CARRIED. MOVED BY HANDMACHER, SECONDED BY STEAD, TO ADOPT ORDINANCE NO. 90 -39 AS AMENDED TO INCLUDE ERRATA. ROLL CALL VOTE RESULTED IN ALL AYES. MOTION CARRIED. ORD. NO. 9 -0 -40 An Ordinance was read establishing a Chapter 20 SEPA Regulations entitled "Environmental Policy, (SEPA Regulations) "; adopting by reference provisions of the Washington Environmental Administrative Code relating to SEPA; adopting policies Policies as a basis for exercise of substantive authority under SEPA; providing for appeals, declaring an emergancy and establishing a-effective date. Errata sheet was outlined as distributed. (Technical wording and typos) MOVED BY HANDMACHER, SECONDED BY MARKS, TO AMEND ORDINANCE NO. 90 -40 TO INCLUDE ERRATA. ROLL CALL VOTE ALL AYES. MOTION CARRIED. MOVED BY HANDMACHER, SECONDED BY TEMPLETON, TO SUSPEND THE RULES AND WAIVE SECOND READING OF THE AMENDED ORDINANCE. MOTION CARRIED. MOVED BY HANDMACHER, SECONDED BY TEMPLETON, TO ADOPT ORDINANCE NO. 90 -40 AS AMENDED TO INCLUDE ERRATA. ROLL CALL VOTE RESULTED IN ALL AYES. THE MOTION CARRIED. Well FEDERAL WAY CITY COUNCIL PUBLIC HEARING 2/27/90 (cont.) ORDINANCES /RESOLUTIONS (cont.) ORD. NO. 90 -41 Adopting Subdivision Ordinance Ordinance was read adopting..the "Subdivision Ordinance" for the City of Federal Way, providing for the regulation of subdivisions, boundary 1•ine adjustments and building site plans, declaring an emergency and setting and effective date. MOVED BY HANDMACHER, SECONDED BY STEAD, TO AMEND ORDINANCE NO. 90 -41 TO INCLUDE ERRATA (technical and typo changes) AS DISTRIBUTED. ROLL CALL VOTE, ALL AYES. MOTION CARRIED. MOVED BY HANDMACHER, SECONDED BY STEAD, TO SUSPEND THE RULES AND WAIVE SECOND AND FINAL READINGS. CARRIED. MOVED BY HANDMACHER, SECONDED -BY STEAD, TO ADOPT ORDINANCE NO. 90 -41 AS AMENDED TO INCLUDE ERRATA. ROLL CALL VOTE, ALL AYES. MOTION CARRIED. ORD. NO. 9.0 -42 An Ordinance of the City of Federal Way, Washington was Regulating read regulating parking on certain streets within the Parking on -City limits Streets in the City MOVED BY TEMPLETON, THE RULES AND WAIVE ORDINANCE. CARRIED. MOVED BY TEMPLETON, ORDINANCE NO. 90 -42. CARRIED. SECONDED BY HANDMACHER, TO SUSPEND SECOND AND FINAL READING OF THE SECONDED BY HANDMACHER TO ADOPT ROLL CALL VOTE, ALL AYES. MOTION RECESS- 9- :05p.m.Mayor Ertel declared a recess at 9:05 p.m. The meeting RECONVENE was reconvened at 9:15 p.m. 9 -.:15 p.m. ORD. NO. 9 -0 -43 Ordinance was read adopting the official Zoning Map and Adopting A placing zoning classifications on all property within Zoning the City limits of the City. Adopting the Zoning Code Map and Code for the City of Federal Way; declaring as emergency; and for the City establishing an effective date. of Federal Way MOVED BY HANDMACHER, SECONDED BY STEAD, TO SUSPEND THE RULES AND WAIVE SECOND READING OF THE ORDINANCE. 6 AYES, 1 NAY, COUNCILMEMBER MARKS OPPOSING. CARRIED. MOVED BY HANDMACHER, SECONDED BY TEMPLETON, TO AMDND ORDINANCE NO. 90 -43 WITH REVISIONS AS CONTAINED IN THE 8 -PAGE ERRATA SHEET AS PROVIDED TO COUNCIL. CHANGES WERE OUTLINED BY COUNCILMEMBER HANDMACHER. CARRIED. MOVED BY HANDMACHER, AND'SECONDED BY STEAD, TO AMEND CODE SECTIONS 55 -AND f-5 AS FET FORTH IN ERRATA - SHEET, TO "ADD A NEW PROVISION IN THE OFFICE AND MFG. PARK ZONES TO RETAIN 75% LOT COVERAGE FOR ANY PARCEL OF PROPERT`? OF LESS THAN 5. ACRES. .ALSO, IF THERE ARE ADJOINING _10- FEDERAL WAY CITY COUNCIL PUBLIC HEARING 2/27/90 ORDINANCES /RESOLUTIONS ORD. NO. 90 -43 OR CONTIGUOUS PROPERTIES IN JOINT OWNERSHIP, THEY BE CONSIDERED Adopting Zoning AS A SINGLE PARCEL. VOTE ON THE MOTION RESULTED IN SIX AYES: Code and Maps ONE NAY, TEMPLETON OPPOSING. MOTION CARRIED. School District MOVED BY WEBSTER, SECONDED BY GATES, TO ADOPT AMENDMENT TO construction and SEC. 20.40, Pg. 20 -8 OF THE ZONING CODE ALSO SEC. 15.50 TO READ portables in "IF PROCESS II OR III IS REQUIRED, IT BECOMES PROCESS I, Process I OTHERWISE REMAINING THE SAME." MOTION CARRIED. Height Councilmember Webster inquired regarding the height restriction Restriction on housing structures in the code vs. the county code. It was City /County pointed out by Councilmember Handmacher that the codes read the Codes read same, administrative interpretation at the county possibly to the same deviate from what was intended. The Land Use Committee and Planning staff will research and report back. Service Station Councilmember Webster inquired regarding property located at proposed to be 336th and Pacific Highway South and rationale for changing located on 336th from allowing service station on that site. Land Use Committee not allowed as Chairman Handmacher advised of looking at that site, one of the zoned largest undeveloped areas left and giving consideration to the appropriateness of the site for commercial development. It was felt that there was plenty of commercial development on the other three corners and it was desired to preserve some land for Manufacturing Parks in a contiguous manner and this site was appropriate for that purpose. There was also some concern regarding environmental sensitivity, a proposal before the county to clear cut that property with strong objection filed by the Surface Water Management Department due to potential impacts on nearby wetlands and Hylebos stream running through the site. Concern was expressed at locating a gas station on that site. Fred Meyer Land Use Commitee Chairman Handmacher submitted proposed Federal Way Concomitant Agreement for Fred Meyer Federal Way II Store II Retail site located south of SW Campus Drive, between SW 19th Ave. Store and SW 21st Avenue. Council consideration for execution was Concomitant recommended prior to further zoning map and code discussion. Agreement MOVED BY HANDMACHER, SECONDED BY MARKS, TO AUTHORIZE CITY MANAGER LOCKE TO ENTER INTO CONCOMITANT AGREEMENT FOR THE FRED MEYER DEVELOPMENT. Discussion ensued, provisions of the document outlined, long history of action on the matter recalled as well as on another property where development was proposed but successfully challenged due to significant environmental problems and general zoning incompatibility. Some council consternation was expressed concernng aspects of the present development which, however, is vested and can likely proceed in any event. The concomitant agreement doesn't eliminate damage but minimizes problems and basically clears up the matter as left by King County. PENDING MOTION WAS VOTED UPON. ROLL CALL VOTE: 4 AYES, HANDMACHER, STEAD, MARKS AND WEBSTER. 3 NO: TEMPLETON, GATES AND ERTEL. MOTION CARRIED. -11- FEDERAL WAY CITY COUNCIL PUBLIC HEARING 2/27/90 Zoning Code MOVED BY HANDMACHER, SECONDED BY STEAD, TO AMEND THE ZONING MAP and Map TO PROVIDE FOR THE ZONING OF THE SITE DESCRIBED AS SITE II OF THE FRED MEYER CONCOMITANT AGREEMENT TO BE DESIGNATED AS BC, Fred Meyer o CHANGED FROM DESIGNATION OF BN TO ALLOW CONFORMANCE. CARRIED. O Concomitant Agreement MOVED BY TEMPLETON, SECONDED BY GATES TO AMEND THE ZONING MAP LL Site II BC TO PROVIDE THAT UNDEVELOPED FRED MEYER SITE #1, LOCATED AT S.W. ¢ Site I 312TH STREET AND 1ST AVENUE SOUTH, NOW DESIGNATED MULTIPLE I RS 7600 RN 3600, BE CHANGED TO RS 7600, SINGLE FAMILY. MOTION CARRIED. w0 w w Pat Rhodes MOVED BY MARKS, SECONDED BY STEAD, THE PAT RHODES PROPERTY AT property S.W. 348TH STREET, BETWEEN 6TH AND 9TH AVENUES SOUTH, BE v '3 OP Zoning DESIGNATED PROFESSIONAL OFFICE. Discussion followed regarding effect of such revision, all other properties around this being office park, also, as may concern the other properties in the OP zone with small parcels, attention called to the provisions for reduced bufferes and setbacks and 757 lot coverage on properties less than 3 acres. PENDING MOTION WAS VOTED UPON 5 NO: GATES, HANDMACHER, ERTEL, TEMPLETON AND WEBSTER.2 AYES: MARKS AND STEAD. MOTION FAILED. It was noted that rezone application may be submitted and will be selectively reviewed. Auto body Councilmember Webster inquired regarding procedure to allow repair shop property to continue to operate as an auto body repair shop, the nonforms zoning as proposed indicating BC making it nonconforming, yet new under new car dealer next door can operate body repair business. Action BC zoning leading to BC zoning concensus were outlined by Councilmember Handmacher. This regards Blackstone Auto Body - Collision Repair Blackstone Shop, 35620 Kit Corner Rd. So.. Possible action could be to Property designate that particular parcel as MP to allow body shops or councilcould amend the BC t.o allow bodyshops in that zone but then it would apply to all BC zoning throughout the city. If one parcel is changed others will also request revisions and piecemeal zoning of the office park would occur eliminating the plan to create a large uniform area of office park zoning. In further discussion it was noted much thought had been given to this matter and subsequently council felt it was not for the greater good of the city to change the concept. Rezones can be requested and serious consideration will be given at that time. Zoning Map MOVED BY TEMPLETON, SECONDED BY GATES, TO AMEND THE ZONING MAP Revision TO PROVIDE THAT THE PARCEL AT THE N. W. CORNER OF 348TH STREET AND 1ST AVENUE BE DESIGNATED RS 9600 ZONING. (Currently BN). 348th and AYES: WEBSTER, ERTEL, GATES AND TEMPLETON. NO: MARKS AND 1st Ave. STEAD. ABSTAIN: HANDMACHER. 4 AYES, 2 NOS AND 1 ABSTENSION. THE MOTION CARRIED. In prior discussion location of the property was noted to be near schools, the Goodwill Games Pool, new library and not suited to a shopping center; also not well - planned insofar as drainage, January flood problems recalled and development proposed not felt to be in best interest of the city. Downzoning effect on properties, lack of inventory of changes also noted Marks feeling council not readyto pass on plan tonight. -12- FEDERAL WAY CITY COUNCIL PUBLIC HEARING 2/27/90 ADOPTION MOTION BY HANDMACHER, SECONDED BY STEAD, TO ADOPT ORDINANCE NO. OF ORD. 90 -43 90 -43 WITH 8 -PAGE ERRATA SHEET AND SUBSEQUENT AMENDMENTS TO THE AS AMENDED ZONING CODE AND MAPS AS ADOPTED BY THE COUNCIL. ROLL CALL VOTE RESULTED AS FOLLOWS: AYE: HANDMACHER, STEAD, TEMPLETON AND GATES, WEBSTER AND ERTEL. NO: MARKS. MOTION CARRIED. During discussion of the subject of the code preparation, the Councilmembers,in summation of the long and arduous task of preparing a Zoning Code and Map for the City,noted end of a procedure where anything goes in building procedure; that the council will-now have control of what comes into the community, how it looks and how it works. The Code is not flawless, difficult issues having been faced and some quick decisions necessary. More citizen input anticipated and issues will be looked at again. Every letter and citizen request has been reviewed, over 50 meetings held and long hours spent well into the night to finish by February 28, the city's incorporation date. The Code is a good one and a major change for the betterment of the community. Citizens were urged to get involved in the planning process for Federal Way. Mandate from the people to take control of the runaway growth and to stabilize neighborhoods has been heard, the new plan long overdue but to close forever the random parking and overconstruction, to protect the landscape and the wetlands and to keep ahead of development before it occurs. The plan is a good one, felt to be fair, straightforward and direct. Though not everything each member wanted, it does provide for control of the destiny of Federal Way. A tremendous amount of thought and commitment has gone into the Code, all major issues addressed and the council is proud of the accomplishment. INTERLOCAL Building and Land Development (BALD) deferred to next meeting. AGREEMENTS King County Real Property deferred to next meeting. Dept. of Department of Transportation Interlocal Agreement Revision - Reconfirm. Transportation MOVED BY HANDMACHER, SECONDED BY STEAD, TO AUTHORIZE CITY MANAGER LOCKE TO ENTER INTO DEPARTMENT OF TRANSPORTATION INTERLOCAL AGREE- MENT. CARRIED. Gov't. MOVED BY GATES, SECONDED BY MARKS, TO AUTHORIZE CITY MANAGER Entity Pool LOCKE TO ENTER INTO INTERLOCAL AGREEMENT WITH WASHINGTON GOVERN- MENT ENTITY POOL (Insurance) CARRIED. RECESS Ten minute recess was declared, council to convene in Executive Session for purpose of appeal matter and potential litigation. Dismissal- The meeting reconvened at 9:50 p.m. Campus Park MOVED BY HANDMACHER, SECONDED BY GATES, TO AUTHORIZE CITY ATTORNEY Plat Appeal WALLACE TO DISMISS THE APPEAL OF CAMPUS PARK PLAT. MOTION CARRIED. AUDIENCE John C. McCullough expressed disappointment regarding action taken COMMENT on the site at 348th and lst Avenue; feeling he has been in game of musical chairs and music has stopped and he has.no chair. He felt council has done an excellent job in considering carefully the myriad of zoning issues it was faced with on a site by site basis with exception of the 348th decision. He plans to keep the issue before council, solutions to be made regarding council concerns, Concomitant Agreement containing many if not all, and expediate action hoped for. -13- FEDERAL WAY CITY COUNCIL PUBLIC HEARING 2/27/90 AUDIENCE COMMENT (Cont.) Ai Albert Frank,'-29635 2nd P1. S. W., Federal Way, had three -point question; whether vested by King County means the right of the public domain no longer exists? Or, the City has no more clout? He does not think so. Right of public domain is the power of each city and also the police powers which can be used at any time. The other question regards conflict of interest; would council vote or abstain if a landowner or developer had supported that member. Also, with the size of the Fred Meyer development of 187,000 sq. ft. many time larger than anything in that area, will an EIS be required? Or, has one been done? Gary Young, of Polygon, acknowledged completion of a difficult process in a short time with respect to their properties especially and thanked the Council, Land Use Committee and city staff who worked with them. They look forward to working with the city and hope their product will be pleasing. Richard Burris inquired regarding outstanding applications of appeal and notification process. Councilmember Handmacher advised the city will process claims and permits for properties in Federal Way, a contract still under negotiation with BALD to allow them to contract for some permits but not to grant discretionary approvals. Bob Green, on behalf of the Chamber of Commerce, thanked the Council and Land Use Committee for completion of a monumental task and expressed desire to be a part of the planning process for Federal Way. Linda Fuller inquired regarding Federal Way site planned for -:a restaurant, still PO zoning on the new documents. Councilmember Handmacher advised the property was discussed with decision not to make any changes; Planning Director Shoudy to be contacted for further process as may be taken. Mary Menard, 32109 - 33rd Ave. S.W., Federal Way, wished to go on record that she does not believe the two traffic signals for the Fred Meyer site are adequate to handle increased traffic on the surrounding roads. She also expressed appreciation for improved audio system as audience could follow proceedings. Bill Hendricks, 2200 South 308th St., Ass't. Manager,John L. Scott Real Estate, complimented council for action taken in consideration of the matter of.building heights, their: company marketing numerous subdivisions in the area, also speaking for homeowners who have sold homes and are moving up into homes of their dreams and not aware of how decisions could affect purchase of their new homes. H. David Kaplan, expressed thanks to-council,on behalf of the Community Council,for a good Job in, -doing what is right:.for the—.11- communify.for difficult decis-ion-making 'to effect a starting base rather than going with the-county ordinances; keeping in mind quality of life rather than "money and greed syndrome ". There being no further business, the meeting was adjourned at 10:45 p.m.