HomeMy WebLinkAboutLUTC MINS 02-23-2009G:\LUTC\LUTC Agendas and Summaries 2009\02-23-09-Minutes.doc
City of Federal Way
City Council
Land Use/Transportation Committee
February 23, 2009 City Hall
5:30 PM City Council Chambers
MEETING MINUTES
In attendance: Committee Chair Linda Kochmar, Committee Member Dini Duclos, Committee Member Jim Ferrell, Council
Member Jeanne Burbidge, Director of Community Development Services Greg Fewins, Assistant City Attorney Peter
Beckwith, Public Works Director Marwan Salloum, City Manager Neal Beets, Senior Traffic Engineer Maryanne Zukowski,
Senior Planner Janet Shull, Senior Planner Margaret Clark, Street Systems Engineer Jeff Huynh, Assistant City Manager
Cary Roe, Deputy Public Works Director Ken Miller and Administrative Assistant II Darlene LeMaster.
1. CALL TO ORDER
Committee Chair Kochmar called the meeting to order at 5:30 PM. All members were present.
2. APPROVAL OF MINUTES
The February 2, 2009 LUTC meeting minutes were approved.
Moved: Duclos Seconded: Ferrell Passed: Unanimously, 3-0
3. PUBLIC COMMENT
No public comment was received.
4. BUSINESS ITEMS
A. Grant Funding for Transportation Improvement Projects – Maryanne Zukowski provided background information
on this item. Committee Member Duclos wanted confirmation of the location where these funds would be put to
use. Ms. Zukowski responded that this project will be adding both right and left lanes to the southbound access
ramp off of I-5, turning onto S 320th Street.
Moved: Ferrell Seconded: Duclos Passed: Unanimously, 3-0
Committee forwarded Option 1 to the March 3, 2009 City Council Consent Agenda for approval.
B. Ordinance Adopting Clearing, Grading and Tree and Vegetation Retention Code Amendments
Janet Shull provided background information on this item. Due to the inter-related items of Agenda items B and
C, Ms. Shull provided presentations on both items prior to questions and action on either item. Planning
Commissioner Wayne Carlson was present to answer any questions from the committee.
Committee Member Duclos began by thanking staff, Planning Commission, residents and developers who have
had a part in the code amendment process on these issues. Committee Member Duclos asked for clarification on
rockery and limitations for retaining walls. Were there different limitation bases on whether it is for residential or
commercial use? Ms. Shull had anticipated these questions and had prepared additional slides and explanation on
the topic of retaining walls, addressing slope, height, terracing, and also what is being done in other jurisdictions.
Two public comments were received:
Pete Townsend, Federal Way resident – Mr. Townsend is present on behalf of the Marine
View/DeMarwood Improvement Club (MVDIC). The MVDIC became aware of the code amendments
under consideration (tree ordinance) very late in the process. After addressing concerns on behalf of
MVDIC and listening to this topic being discussed in Planning Commission, most of MVDIC’s concerns
were already being addressed. Mr. Townsend handed out a memo from himself and MVDIC supported by
Dale Roper (Landscape Architect)
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supporting three additional revisions to the ordinance:
• A better definition of “significant vegetation”;
• Not only list “hazardous trees” and nuisance vegetation” in the definitions, but also in the
exemptions for homeowners.
• In the criteria for a homeowner to be able to modify their property, the addition of the word
“measurably” after “shall not” makes more sense.
Ms. Shull returned to the podium and responded to Mr. Townsend’s requests. Ms. Shull stated that ‘hazardous
trees’ are dealt with in Ch. 22-XXX3 Exemptions (7): Actions which must be undertaken immediately, or within a
time too short to allow for compliance with the requirements of this article, to avoid an imminent threat to public
health or safety; to prevent an imminent danger to public or private property; or to prevent an imminent threat of
serious environmental degradation. This determination will be made by the director. Referring to the third point
in Mr. Townsend’s memo, Committee Member Duclos asked if measurably refers to water. Ms. Shull stated that
in Ch. 22-XXX#, Exemptions (10), b, clearing and grading actions that may affect ground water or stormwater are
addressed: The clearing or grading activity will not change the points where the stormwater of groundwater enters
or exits the subject property, and will not change the quality, quantity, or velocity of stormwater or groundwater.
The word ‘quantity’ will be stricken from this exemption. Ms. Shull will follow up with Mr. Townsend on these
requests. Any modifications needed can be made to the ordinance and presented with those changes noted at the
first reading of the ordinance on March 17, 2009.
Wayne Carlson, 36027 3rd Ave S, Federal Way/ Planning Commissioner – Mr. Carlson offered testimony as
to the process and consideration given to various items in these code amendments: cut/ fill slopes (grade,
length, height), retaining wall height (height restrictions, terracing, modifications), site reclamation, and
stormwater quantity.
Committee Member Duclos asked if these code amendments will protect a single-family homeowner that may like
to remove a tree for various reasons. Ms. Shull explained that citizens need to be made aware of the code
requirements. No permit is required for a single-family residence. The only issue is if the removal of a tree or
trees affects any landowner downhill from the site of tree regarding stormwater or groundwater. Staff educates
the public in a variety of ways: pamphlets, counter service, internet, etc. and will continue to do so in order for the
public to be more aware of the code requirements.
Chair Kochmar proposed a modification to the Planning Commission recommendation changing the height
restriction for rockeries to six (6) feet for both residential and commercial property. Committee Members Ferrell
and Duclos agreed that six feet might be more accommodating to developers and property owners. This revision
may also reduce the number of special exceptions requested should a residential property owner want to increase
the height to six feet.
Moved: Duclos Seconded: Ferrell Passed: Unanimously, 3-0
Committee forwarded Option 1 with the following modifications to the March 17, 2009 City Council
Consent Ordinance Agenda for first reading:
1) Modify Section 22-XXX3(10)(b) to delete the word “quantity.”
2) Modify Section 22-XX17(1)(i) to delete the word “four” and replace it with the word “six.”
3) Modify Section 22-XX15(a)(ii) to delete the word “length” and replace it with the word “height.”
C. Ordinance Adopting Code Amendments for Administration of Class IV-General Forest Practices Applications
Janet Shull provided background information on this item.
Moved: Duclos Seconded: Ferrell Passed: Unanimously, 3-0
Committee forwarded Option 1 to the March 17, 2009 City Council Ordinance Agenda for first reading.
D. 2009 Asphalt Overlay Project – Bid Award
Marwan Salloum provided background information on this item. Committee Member Ferrell asked the source
of funding for this project. Mr. Salloum responded that the asphalt overlay program is funded through gas tax
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and utility tax; these are dedicated funds for the asphalt overly program. ACM Roe added that the 1% of the
utility tax equates to approximately $1.5M annually, while the gas tax is estimated close to $600K. These
figures may vary slightly; the gas tax is dependent on gas sales and the economy. Mr. Salloum noted the
nearly $500K surplus of funding available has currently been directed by City Council to stay with the asphalt
overly program and is carried forward annually to the next year’s program. Chair Kochmar asked if the 1%
utility tax was voter or Council approved. ACM Roe will clarify that and respond back to Chair Kochmar via
email.
Moved: Duclos Seconded: Ferrell Passed: Unanimously, 3-0
Committee forwarded Option 1 to the March 3, 2009 City Council Consent Agenda.
E. SCATBd Agreement
Marwan Salloum provided background information on this item. There was no discussion.
Moved: Ferrell Seconded: Duclos Passed: Unanimously, 3-0
Committee forwarded Option 1 to the March 3, 2009 City Council Consent Agenda.
F. Follow-up to Public Comment Regarding Development Project at 1st Ave S and S 293rd Place
Greg Fewins provided background information on this item. Mr. Fewins showed the committee pictures of the
development site before and after code enforcement. Staff determined that no additional code amendment was
necessary to address this issue. One public comment was received:
Tom Heunisch, Federal Way resident – Mr. Heunisch thanked staff for their follow-up on this matter.
Mr. Heunisch also asked if there might be something in the code to allow for action to be taken so that
this won’t happen sometime in the future with another development project.
Committee Member Duclos asked if the City had the ability to remove debris or clean up a site and put a lien
on the property. Mr. Fewins responded that yes, the City has a system in place where staff would initially try
to contact the property owner/bank and attempt to resolve the issue. Should that not be successful, the City
has nuisance abatement money that can be used to clean up property.
No action was taken. Item is for information only.
5. FUTURE MEETING
The next regular LUTC meeting will be Monday, March 2, 2009 at 5:30 PM in City Council Chambers.
6. ADJOURN
The meeting adjourned at 6:45 PM.
