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LUTC MINS 10-20-2008G:\LUTC\LUTC Agendas and Summaries 2008\10-20-08 Minutes.doc City of Federal Way City Council Land Use/Transportation Committee October 20, 2008 City Hall 5:30 PM City Council Chambers MEETING MINUTES In attendance: Committee Chair Linda Kochmar, Committee Member Dini Duclos, Committee Member Jim Ferrell, Assistant City Manager/Chief Operations Officer/Emergency Manager Cary Roe, Assistant City Attorney Peter Beckwith, Director of Community Development Services Greg Fewins, Acting Deputy Public Works Director Marwan Salloum, Planning Manager Isaac Conlen, City Traffic Engineer Rick Perez, Deputy Public Works Director Ken Miller, Surface Water Manager Will Appleton, Senior Planner Deb Barker, Contract Senior Planner Jim Harris, Senior Transportation Planning Engineer Sarady Long, Surface Water Project Engineer Fei Tang, Senior Traffic Engineer Maryanne Zukowski, Senior Engineering Plans Reviewer Ann Dower and Administrative Assistant II Darlene LeMaster. 1. CALL TO ORDER Committee Chair Kochmar called the meeting to order at 5:30 PM. 2. APPROVAL OF MINUTES The October 6, 2008 LUTC meeting minutes were approved. Moved: Duclos Seconded: Ferrell Passed: Unanimously, 3-0 3. PUBLIC COMMENT The following public comment was received: Bob Roper, 525 SW 312th Street, Federal Way – Mr. Roper wanted to let the committee know that he is very unhappy with the process followed for public notification requirements. If he hadn’t called and asked about the status of Hearing Examiners report, he would not have known. Mr. Roper asked to receive written notice of all future notification for this project. 4. BUSINESS ITEMS Committee Chair Kochmar asked the committee to consider moving Item C, Mirror Lake Highland Cottage Preliminary Plat to the top of the Business Agenda as there were many residents eager to speak during the public comment portion of the item. Moved: Duclos Seconded: Ferrell Passed: Unanimously, 3-0 Committee approved moving Item C to the first item of the Business agenda, with the remaining items to follow in the order presented on the agenda. C. Mirror Lake Highland Cottage Preliminary Plat Deb Barker provided background information on this item. ACA Beckwith reiterated that which had also been recommended by the Hearing Examiner… As the committee reviews this item and as public comment is heard, please limit comment to what was in the record of the Hearing Examiner. Committee Chair Kochmar wanted to discuss notification requirements. Ms. Barker explained that the Hearing Examiner is obligated to send a copy of his decision to anyone who has signed up for a copy. Mr. Roper’s name was not on the list of those who had signed up to receive a copy of the Hearing Examiner’s report. Chair Kochmar instructed staff to make sure that Mr. Roper is included in all future mailing and notifications. Ms. Barker also noted that the City’s code does not address notification requirements. Chair Kochmar suggested a code amendment on this topic be considered for a future LUTC meeting topic. Land Use/Transportation Committee Page 2 October 20, 2008 G:\LUTC\LUTC Agendas and Summaries 2008\10-20-08 Minutes.doc The following public comment was received: Bill and Dawn McCaffrey, 19111 SW Campus Drive, #116, Federal Way – The McCaffrey’s are the applicant for the Mirror Lake Highland Cottage plat. Their project’s engineer (Todd Sawin) from AHBL was also present and available to answer any questions from staff. Mr. McCaffrey thanked Council for supporting their project and the “cottage housing” concept. Mr. McCaffrey also stated that they are using LID techniques for storm water flow control:, dispersing water runoff as close to the source as possible, rain gardens that take care of phosphorus and other contaminants, and pervious pavement. Chair Kochmar asked that Mr. McCaffrey be available to answer possible questions later on in the discussion. Eden Toner, 305 SW 313th St, Federal Way – Ms. Toner had submitted comments for the Sept. 26, 2008 Hearing of the Hearing Examiner. Mr. Toner would like her comments reconsidered. Some residents entitled to notice were not included; therefore, all concerns were not addressed in a comprehensive way. Ms. Toner feels that hers as well as many other residents’ concerns were not heard. Had proper notification been given, she would have at least had the opportunity to voice her disagreement and concerns over the project. Bob Roper, 525 SW 312th St, Federal Way – Mr. Roper requests that staff make the surface water control of this project subject to City Code 21:21 and be considered experimental. Mr. Roper feels the surface water control measures should be bonded. Other suggested items for staff to consider were to use only phosphate free fertilizer and that rain garden vegetation to be disposed of separately. Dave Toner, 305 SW 313th St, Federal Way – Mr. Toner wanted to comment on the protection of environmentally sensitive areas. Residents were not given proper notice to appeal the process. This is a huge concern for damage to the lake should the development be approved. Mr. Toner commented that the applicant had to contract out for work assessing the environmentally sensitive area and that no report can be shown that address the development’s influence on the lake. Because the hearing examiner’s report failed to address sensitive areas, the City creating a contentious precedent. Bill Murphy, 31315 2nd Ave SW, Federal Way – Mr. Murphy spoke to the conditions of the lake at the Hearing of the Hearing Examiner. Mr. Murphy noted that the lake has been greatly cleaned up in the past 30 years. He credits Mr. Roper with lots of work and monitoring of the lake. Mr. Murphy feels our process is a superficial examination and is not getting to the bottom line. Mr. Murphy would like to see this handled the right way and doesn’t want other private land owners to have to pay for damage done to the lake from this development. Richard Scott, Mirror Lake resident, Federal Way – Mr. Scott is in favor of and supports the concept of cottage housing, just not in this particular location. He doesn’t feel this project is the right application for this land. Mr. Scott contends the applicant has been able to acquire additional lots that would have otherwise been undevelopable. Mr. Scott is opposed to what he feels would be unnecessary clear cutting of trees as this would destroy the aesthetic quality of the lake. Mirror Lake was named for the reflection of the trees in the water. This development would compromise this along with the water quality of the lake. Chair Kochmar asked ACA Beckwith to comment on the City’s notification process. ACA Beckwith stated that under the current code, the City has properly notified residents regarding this project. ACA Beckwith also noted that the draft resolution for this item has been replaced with a final version. Copies of the final resolution were passed out to the committee members. Committee Chair Kochmar also asked Ms. Barker to address items brought forth in public comment. Ms. Barker addressed the SEPA notice and the City’s response to it. Exhibit L-2, the City’s initial response to SEPA was not part of the agenda packet but was distributed to Council. Ms. Barker also stated that the site was properly posted, the newspaper received notice as well as both libraries and City Hall. As to Mr. Scott’s concerns over clearcut trees, Ms. Barker explained the code on significant trees and replacement trees, stating that 50 trees were slated to be cut down and replaced with 23 trees. Areas of concern over surface water and LID techniques were passed on to PW staff to answer. Ms. Barker did note that CD staff made corrections to their original staff report, recommending approval of the preliminary plat of Mirror Lake Highland Cottages with conditions entered into record on 9-26-08. The hearing examiner’s Findings, Conclusions and Recommendations recommended the City Council approve the Land Use/Transportation Committee Page 3 October 20, 2008 G:\LUTC\LUTC Agendas and Summaries 2008\10-20-08 Minutes.doc preliminary plat as set forth in the staff report and subject to conditions 1 through 10. The hearing examiner also recommended incorporating a stormwater maintenance and monitoring plan into the plats’s CC&Rs or other covenants that involved three other conditions. Senior Engineering Plans Review Ann Dower came to the podium to discuss the engineering review of the project and to address stormwater and LID concerns. Ms. Dower stated that the City bonds all development projects and adds a two year maintenance period to the bond. The hearing examiner recommended adding additional time to equal five years to the maintenance bond. The rain gardens will be utilized to serve roof runoff. Roofs are not typically considered a pollutant ridden surface and would not pollute the rain garden. There will be various uses of pervious pavement with infiltration trenches to detain stormwater and increase water quality. In regards to Bob Roper’s concern over phosphate free fertilizer use, staff is not sure that the City has the authority to regulate this. Mr. Ropers’s concern over disposal of rain garden waste may, however, be considered. Staff’s recommendations of this project have been supported by WA State Dept. of Ecology as well as King County. Flood control has been addressed through a project that lowered the outlet to Fishers Bog. Thus, combined with level 3 flow control requirements, this should prevent any flooding problems from this development. Full infiltration of storm water is proposed. Chair Kochmar asked if this plat will have its own Home Owner’s Association (HOA). Ms. Barker explained that Mirror Lake Highland Cottage will be a typical plat of private lots plus common areas. An HOA would make sure conditions and covenants were maintained. CC&Rs would be required with an HOA. Committee Member Duclos referenced Mr. McCaffrey’s comment that rain gardens have been used elsewhere in the city. Ms. Dower was not aware of any such projects. Mr. McCaffrey came to the podium and corrected his statement, saying that he meant pervious pavement uses within the city, not rain gardens. Todd Sawin of AHBL noted that the Hylebos, Todd Beamer High School and Cam West projects have utilized LID techniques. Committee Member Duclos asked for a description of a rain garden. Mr. Sawin explained that in a rain garden, water is allowed to pond up on specialized soil. The stormwater is filtered when it infiltrates through the soil. The property is exempt from water quality through the infiltration method proposed. The Cam West development mentioned above underwent a testing period for water quality over a five year period. The results were far superior to the King County and WA State DOE requirements. Committee Member Ferrell asked how many members made up the Mirror Lake HOA. ACA Beckwith gave an approximate number of 51. Lots surround Mirror Lake. The lake is its own lot with the residents surrounding the lake each having undivided interest in the lake. Mr. Murphy commented that the land of the lake (lake bottom) out to some point out in the lake is owned by the property owners. For those with interest in the lake there is one common usage lot for lake access easement to the lake. Mr. Murphy was concerned about possible interest residents of Mirror Lake Highland Cottages would have in the lake. Mr. Murphy was under the impression that Mr. McCaffrey acquired an easement from the third party that sold him a portion of his land. Mr. Murphy explained that the HOA is actually an LLC, with Marla Leeder(sp?) as principle. The HOA is a group of people who like each other, keep the lake and its common area cleaned up and organized. The HOA hires out to do noxious weed control and maintenance of mud islands. Ms. Leeder received notice of the Mirror Lake Highland Cottage project and is responsible to see that the information gets distributed in order to promote the welfare of the community. Committee Member Ferrell asked about on site drainage…where will the runoff go? Ms. Barker replied that that answer is contained in the staff report. Mr. Sawin explained how almost three feet of soil will clean/filter the stormwater from pervious pavement. In actuality, the entire site will act as a basin. Pervious pavement allows organisms to grow within it, organisms that will actually treat the water as well. Mr. Sawin reported that water runoff will infiltrate onsite as it moves toward Mirror Lake. By the time it reaches the lake, the runoff will be filtered and not be of any harm to the lake. Mr. Scott spoke again and asked the reason for 16 units, saying the project began with 12 units and much larger lot sizes. Ms. Barker explained from a code perspective, if an applicant demonstrates all conditions and requirements for a project, the project will be approved. In the case of this project, the Planning Commission Land Use/Transportation Committee Page 4 October 20, 2008 G:\LUTC\LUTC Agendas and Summaries 2008\10-20-08 Minutes.doc added an incentive to developers for affordable housing units. This project as well as the concept of cottage housing went through extensive analysis and public comment already. Mr. Mc Caffrey clarified information for an earlier resident stating that he acquired property that had owned a ten foot easement to the lake. He gave the property to the lake homeowners but maintained the easement. The easement will only benefit five of the 16 lots of the proposed plat. The applicant is also not marketing any of the parcels as having lake access. As to how he acquired the land, Mr. McCaffrey obtained the land from the adjacent church. Mr. McCaffey was also aware of Mirror Lake HOA, Marla Leeder and that the HOA was very active and represented the residents. If the HOA has been notified, it was understood that the lake residents had been notified. In closing, Committee members Ferrell and Duclos verbalized that they are very attentive to the community concern over this project. However, they also feel that there is not a significant problem that warrants not moving this project forward. The Committee feels confident the developer and staff have done their jobs reviewing this project and that proper notification was given. Moved: Duclos Seconded: Ferrell Passed: Unanimously, 3-0 Committee forwarded Option 1 to the November 4, 2008 City Council Consent Agenda for approval. A. Lake Jeane Lake Lorene Outlet Control Improvements Project (AG #08-072) Final Acceptance Fei Tang provided background information on the item. There was no discussion. Moved: Duclos Seconded: Kochmar Passed: Unanimously, 3-0 Committee forwarded Option 1 to the November 4, 2008 City Council Consent Agenda for approval. B. Northlake Rim Final Plat Jim Harris provided background information on this item. Mr. Patrick Simmons form King County Department of Development and Environmental Services (DDES) also presented information. There was no discussion Moved: Ferrell Seconded: Duclos Passed: Unanimously, 3-0 Committee forwarded Option 1 to the November 4, 2008 City Council Consent Agenda for approval. D. City Center Access Project – Community Briefing Summaries and Upcoming Open House Maryanne Zukowski provided background information on this item. There was no discussion. No motion was required as this item was for information only. E. Commute Trip Reduction Ordinance Rick Perez provided background information on this item. Mr. Perez was asked to attend the November 4, 2008 City Council meeting to answer any questions that may be asked on this item. Moved: Duclos Seconded: Ferrell Passed: Unanimously, 3-0 Committee forwarded Option 1 to the November 4, 2008 City Council Ordinance Agenda for approval. 5. FUTURE MEETING The next regularly scheduled LUTC meeting will be November 3, 2008 at 5:30 PM. 6. ADJOURN The meeting adjourned at 7:15 PM.