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LUTC MINS 02-04-2008G:\LUTC\LUTC Agendas and Summaries 2008\02-04-08 Minutes.doc City of Federal Way City Council Land Use/Transportation Committee February 4, 2008 City Hall 6:00 pm City Council Chambers MEETING MINUTES In attendance: Committee Chair Linda Kochmar, Council Member Jim Ferrrell, Committee Member Dini Duclos, Assistant City Manager/Chief Operations Officer/Emergency Manager Cary Roe, Deputy Public Works Director Ken Miller, City Staff Attorney Monica Buck, Surface Water Manager Paul Bucich, ‘City Traffic Engineer Rick Perez, Director of Community Development Services Greg Fewins, Senior Planner Deb Barker, Senior Planner Margaret Clark, Street Systems Project Engineer John Mulkey, Senior Planner Isaac Conlen, Acting Deputy Public Works Director Marwan Salloum, Surface Water Engineer Jeff Wolf and Administrative Assistant II Darlene LeMaster. 1. CALL TO ORDER Committee Chair Kochmar called the meeting to order at 6:00 p.m. 2. APPROVAL OF MINUTES The January 14, 2008 LUTC meeting minutes were approved. Moved: Ferrell Seconded: Kochmar Passed: Unanimously, 3-0 3. PUBLIC COMMENT There was one public comment. Jerry Galland – Inquired on the previous annexation process. What/who was the source of the last proposed annexation on the east side of Federal Way? If an area goes before the voters in the future, where will the proposal for the annexation originate? Committee Chair Kochmar and ACM Roe both expressed that the City has no plans to annex any areas at this time; however, the topic may surface again in the future. City Council, King County or the State could ask the City to consider future annexation areas. ACM Roe will keep Mr. Galland informed of any future plans to annex unincorporated areas. 4. BUSINESS ITEMS A. Ming Court Clearing Request Deb Barker provided background information on this item. At Committee Member Duclos’ request, Ms. Barker gave the history of this project, terms that had originally been agreed to by the City and the developer and why the need to change these plans. Committee Member Duclos asked if the developer agrees to begin construction within 90 days of final plat, what guarantee does the City have? Ms. Barker said that there are currently no code enforcement conditions in place for the City to act upon if a written commitment to build was not honored by the developer. Mr. Fewins later supported Ms. Barker’s comment stating that staff will try to get as much commitment from the developer as possible; however, this is not a guarantee, only a good faith written commitment to make every effort to begin building homes within the allotted time period. Committee Member Duclos also asked if there has been final approval on an erosion control plan. Ms. Barker explained that the developer submitted an erosion control plan prior to the request for modification. A revised plan will need to be submitted, incorporating the mass clearing modification King County Surface Water Design Manual requirements and City code requirements into updated erosion control plan. Committee Chair Kochmar asked about replacement tree size requirements. Ms. Barker explained that the current zone code requires the following significant tree replacements: three-inch caliper for a deciduous tree and ten-feet in height for an evergreen tree. Staff currently doesn’t know which type of tree the developer will use; however it is worthy to note that at present, the developer proposed to replace more significant trees than it has to under current City Code. Land Use/Transportation Committee Page 2 February 4, 2008 G:\LUTC\LUTC Agendas and Summaries 2008\02-04-08 Minutes.doc The following public comment was heard: Jodey Odegard, Norris Homes – Ms. Odegard presented a letter from John Norris, President of Norris Homes, stating that he has every intention to build on these lots as soon as possible. Secondly, in regards to the trees left standing, the developer will do their best to save the remaining trees, again with no guarantee. Linda Holmly and Krista Baker, Federal Way residents – Ms. Baker’s property borders the proposed Ming Court Plat. Ms. Holmly requests that the Committee not allow any more clearing of trees until after final plat approval and the conditions are met. The plat is currently a mess. Ms. Baker showed Committee members pictures of her property, showing how much this plat has negatively impacted their home and neighborhood. Promises the developer has made to Ms. Baker have not been followed through. Committee Member Ferrell asked when the plat is anticipated to be recorded. Mr. Fewins answered that final plat is still two to three months out. And unless the Council approves allowing the developer to modify their plat, the developer may not remove any further trees until Council approves the final plat. Committee Member Duclos reiterated her opinion that she is uncomfortable with the developer intending to begin home construction within 90 days of final plat. The City has no guarantee or way to hold the developer to that at this point. At Committee Member Ferrell’s request, Ms. Barker went through the plat process, summarizing the steps taken by the developer and City staff that ultimately end in final plat approval at the City Council level, followed by recording of the plat at the County the day following. Committee Member Ferrell also expressed concern that if the conditions of the plat were modified, it is possible that the plat would be cleared for as much as six months prior to construction commencing. Committee Member Ferrell recommended Option 2. Moved: Ferrell Seconded: Duclos Passed: Unanimously, 3-0 Committee revised staff’s recommendation and PASSED Option 2 to the February 19, 2008, City Council Consent Agenda for approval. B. Joint Construction Agreement with Qwest for the Construction of S 348th Street HOV Lanes Project John Mulkey provided background information on the item. There was no discussion. Moved: Ferrell Seconded: Duclos Passed: Unanimously, 3-0 Committee PASSED Option 1 to the February 19, 2008, City Council Consent Agenda for approval. C. S 348th Street HOV Lanes Project – Bid Award John Mulkey provided background information on the item. There was no discussion. Moved: Duclos Seconded: Ferrell Passed: Unanimously; 2-0 Committee Chair Kochmar recused. Committee PASSED Option 1 to the February 19, 2008, City Council Consent Agenda for approval. D. 10th Ave S Stormwater Trunk Replacement Project – 85% Design Status Report Paul Bucich provided background information on the item. There was no discussion. Moved: Duclos Seconded: Ferrell Passed: Unanimously; 3-0 Committee PASSED Option 1 to the February 19, 2008, City Council Consent Agenda for approval. E. 26th Ave SW Stormwater Modification Project; Project Acceptance Paul Bucich provided background information on the item. There was no discussion. Moved: Duclos Seconded: Ferrell Passed: Unanimously; 3-0 Committee PASSED Option 1 to the February 19, 2008, City Council Consent Agenda for approval. Land Use/Transportation Committee Page 3 February 4, 2008 G:\LUTC\LUTC Agendas and Summaries 2008\02-04-08 Minutes.doc F. Lake Jeane/Lake Lorene Outlet Improvements Project; 100% Design Status Report / Authorization to Bid Paul Bucich provided background information on the item. Committee Chair Kochmar asked if either lake had experienced any flooding in the recent past. Mr. Bucich responded that neither lake has experienced any flooding in the past couple of years. Moved: Ferrell Seconded: Duclos Passed: Unanimously; 3-0 Committee PASSED Option 1 to the February 19, 2008, City Council Consent Agenda for approval. G. Application of Department of Ecology NPDES Grant Paul Bucich provided background information on the item. There was no discussion. Moved: Duclos Seconded: Ferrell Passed: Unanimously; 3-0 Committee PASSED Option 1 to the February 19, 2008, City Council Consent Agenda for approval. H. Evidence Building Generator – Bid Award Ken Miller provided background information on the item. There was no discussion. Moved: Ferrell Seconded: Duclos Passed: Unanimously; 3-0 Committee PASSED Option 1 to the February 19, 2008, City Council Consent Agenda for approval. I. Historical Street Name Signs Rick Perez provided background information on the item. There was no discussion. Moved: Ferrell Seconded: Duclos Passed: Unanimously; 3-0 Committee PASSED Option 1 to the February 19, 2008, City Council Consent Agenda for approval. J. 2008 Comprehensive Plan Amendments Issac Conlen provided background information on the item. There were six citizen-initiated requests for amendments to the comprehensive plan and zoning map put forth for consideration to determine if they should move forward through the public process as part of the 2007/2008 Comprehensive Plan Amendment Updates. There were two public comments: William Wright, 410 Broadway Ave E, #404, Seattle, WA 98102 – Mr. Wright is representing the Koszarek proposal (#4). Mr. Wright encourages the Committee to consider his client’s site specific request. As another option, he also asks the Committee to approve forwarding a revision of the request, to single-family high density RS 9.6. Diana Noble-Gulliford, Federal Way Historical Society, Federal Way Resident – Ms. Gulliford doesn’t think that site specific request #6 (Velasco) makes sense and encourages the Committee not to forward this request. Ms. Gulliford also commented on erosion control issues that have been present for many years near site specific request #4 (Koszarek) and wants the Committee to consider this when forwarding the request for further consideration. After some brief discussion on staff’s recommendations to each site specific request, the Committee voted to follow staff’s recommendations on all requests. Request #4 (Koszarek) was amended to request further consideration for RS 9.6 (single family high density). Text Request #1 (PSE) Moved: Ferrell Seconded: Duclos Passed: Unanimously; 3-0 Site Specific Request #1 (Shin) Moved: Ferrell Seconded: Duclos Passed: Unanimously; 3-0 Site Specific Request #2 (Federal Way Village) Moved: Ferrell Seconded: Kochmar Passed: Unanimously; 2-0 Duclos recused. Land Use/Transportation Committee Page 4 February 4, 2008 G:\LUTC\LUTC Agendas and Summaries 2008\02-04-08 Minutes.doc Site Specific Request #3 (Nguyen) Moved: Ferrell Seconded: Duclos Passed: Unanimously; 3-0 Site Specific Request #4 (Koszarek) Moved: Duclos Seconded: Ferrell Passed: Unanimously; 3-0 Site-specific request amended to designation of single-family high density RS 9.6. Site Specific Request #5 (Velasco) Moved: Ferrell Seconded: Duclos Passed: Unanimously; 3-0 Committee PASSED Staff recommendations to the February 19, 2008, City Council Consent Agenda for approval. 5. FUTURE MEETING 6. ADJOURN The meeting adjourned at 8:02 PM.