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10c - Development Agreement Code AmendmentsDevelopment Agreement code revisions OCTOBER 17, 2023 CITY COUNCIL Should the City Council amend Title 19 of the Federal Way Revised Code to update the processes and provisions relating to development agreements? 19.85.010: Add language to clarify the purpose includes greater predictability and flexibility to the developer and that for all code departures, there is a benefit given the city. 19.85.020: Add minimum requirements of 5 acres and not predominantly single family. 19.85.020: Where a Comprehensive Plan Amendment is required with a DA, the Comp Plan amendment(s) must be decided by the Council at least 1 meeting prior to the DA if it is related to Chapter 3 (Transportation). 19.85.030: A DA can modify City regulations 19.85.030: A DA can vest traffic impact fees to those in effect at the time of execution for 10 years —subject to annual CPI inflation 19.85.030: A DA cannot modify Transportation Concurrency requirements Public Comments 1. Written Public Comment Merlone Geier, September 20, 2023 ➢19.85.030(3) Remove provision relating to Traffic Impact Fees ➢19.85.030(4) Remove provision relating to Transportation Concurrency ➢19.85.050 Expand authority to initiate Das to Mayor and CD Director Grand Peaks, September 20, 2023 2. In -person Comments - none Decision Criteria 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan; 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare; and 3. The proposed amendment is in the best interest of the residents of the city. Planning Commission Recommendation The Planning Commission recommended approval of the proposed code amendments, adding a provision that if the DA was initiated by the Mayor, public notice would be required. LUTC Recommendation LUTC forwarded the Ordinance without the provision that would allow the Mayor to initiate a DA. Mayor's Recommendation Option 1—Adopt the proposed Ordinance