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Planning Comm MINS 05-20-2009 K:\Planning Commission\2009\Meeting Summary 05-20-09.doc CITY OF FEDERAL WAY PLANNING COMMISSION May 20, 2009 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Hope Elder, Lawson Bronson, Wayne Carlson, Tom Medhurst, and Sarady Long. Commissioners absent: Tim O’Neil (excused). Staff present: Senior Planner Margaret Clark, Public Works Deputy Director Ken Miller, SWM Manager William Appleton, ESA & NPDES Coordinator Don Robinett, SWM Project Engineer Fei Tang, Assistant City Attorney Peter Beckwith, and Administrative Assistant Tina Piety. Chair Pfeifer called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES The minutes of May 6, 2009, were approved as written. AUDIENCE COMMENT None ADMINISTRATIVE REPORT None COMMISSION BUSINESS PUBLIC HEARING – FWRC Amendments Related to Adoption of the Current Surface Water Design Manual Commissioner Carlson disclosed that he is an employee of AHBL and AHBL contracted with the Puget Sound Partnership who worked with jurisdictions developing Low Impact Development (LID) amendments. He asked if any Commissioner or anyone in the audience had any objection to his participation in this hearing. There was no objection. Mr. Robinett delivered the staff report. The city is required by the federal government to meet the requirements of the National Pollutant Discharge Elimination System (NPDES) The goal of the NPDES is to reduce point source and non-point source pollution carried by stormwater. The Washington State Department of Ecology (DOE) regulates this federal permit. The NPDES Phase II went into effect on February 15, 2007. The permit requires that all affected cities create and implement a series of programmatic and/or regulatory changes. The permit phases implementation requirements through 2012. The proposed amendments will bring the city into compliance with the NPDES Permit requirements that take effect August 16, 2009. These permit requirements include: 1) adopt a stormwater ordinance consistent with the NPDES Permit that effectively prohibits non-stormwater and illegal discharges to the municipal storm system; 2) adopt a surface water design manual (2009 King County Surface Water Design Manual [KCSWDM]) as protective as (a.k.a. equivalent to) identified sections of the 2005 Stormwater Management Manual for Western Washington (DOE Manual); 3) removing barriers to allow for Low Impact Planning Commission Minutes Page 2 May 20, 2009 K:\Planning Commission\2009\Meeting Summary 05-20-09.doc Development (LID) Projects; and 4) adopt subsequent manuals, including the 2005 Low Impact Technical Guidance Manual, the 2008 King County Pollution Prevention Manual, and the City of Federal Way Addendum to the KCSWDM.. In addition, the proposed amendments will create a clear link between clearing and grading requirements and stormwater review requirements. As a result of the study session, staff is proposing three changes. The first is to modify FWRC 16.15.010(2)(i) to include the dollar value adjustment based on the CPI. The Commission was concerned that the original language did not allow for inflation. The second change is a reference to the Public Works Standards in 18.60.050 as opposed to specific street cross sections. Commissioner Long had stated that there are additional cross sections that could be added to this amendment and changing the reference to the Standards ensures that theses additional street cross sections and any changes to the street cross sections are addressed. The third change is that staff proposes to remove the proposed amendment to establish a maximum number of parking stalls. This is an optional amendment that is not subject to the August 16th deadline and staff wants to give the development community more time to review and respond to the proposed amendment. Staff will include this amendment in the second phase of proposed amendments for Low Impact Development (LID). During discussion of these proposed changes, it was discovered that the Exhibit A given to the Commission is an older version and does not include the proposed changes. The meeting was opened for public comment. Peter Townsend, Federal Way Resident – He hasn’t had the time to read the entire proposal, but sent it to GeoResources for their comments, which he provided the Commission. He is concerned that the proposed amendments do not address the homeowners who will be bearing the cost of the proposed amendments. What will the implications be for a homeowner who demolishes a house and rebuilds? Paul Lymberis, Quadrant – He stated that adopting LID techniques makes sense as long as they are voluntary. Parcels are all different and they may or may not work for a particular parcel. He encouraged staff to be sure that the code and LID techniques are compatible. LID techniques can be expensive and he asked staff to consider what types of incentives would be available for developers and homeowners. Since the economy is down and Federal Way is largely built-out, the greater opportunity to use LID techniques is with redevelopment of existing development. He encouraged staff to wait to approve an LID ordinance until further research is done on how LID techniques will work. Mr. Robinett commented that staff is considering many of Mr. Lymberis’ suggestions as part of the second phase of LID amendments. Garrett Huffman, Master Builders Association – He commented that every jurisdiction in King County are required to adopt the current surface water manual and his association has been working with them on this issue. He noted that staff had a number of examples of LID techniques. He is concerned that it be made clear which of these examples will and will not be allowed in the City of Federal Way. In order to obtain funding, a developer needs to be able to show that a particular technique they want the funding for will be allowed by the city. He commented that if a parcel is less than one acre in size, the NPDES Permit states they may by allowed to use the old (1998) manual rather than the new (2009) manual. He suggested the city consider allowing this. He stated the Master Builders Association is willing to help the city develop the second phase of LID amendments. Mr. Appleton responded to Mr. Townsend’s concerns. He stated that the impact to single-family residences is minimal. Currently there are no requirements for single-family for water quality or flow control. Under Planning Commission Minutes Page 3 May 20, 2009 K:\Planning Commission\2009\Meeting Summary 05-20-09.doc the new manual there will be no requirement for water quality and for flow control if the impervious surface is less than 5,000 square feet. If the impervious surface is 5,000 square feet or more, then additional review would be needed. There may be circumstances, including being located next to a critical area, which would require additional review regardless of the impervious square footage. Mr. Appleton responded to Mr. Huffman’s comments. The NPDES Permit does allow a jurisdiction to use the 1998 manual for parcels one acres or less. However, staff considered this and concluded there are two reasons the city will not use the 1998 manual. The first is that the city code mandates the city use the most current manual (namely the 2009) and the second is that due to budget and staffing, it would not be feasible for the city to use two different manuals. Commissioner Carlson commented that the NPDES Permit states that a jurisdiction cannot backslide; meaning a jurisdiction cannot adopt regulations that would be less strict than their current regulations. Currently the city does not distinguish between parcels of one acre or less and larger parcels. All parcels in the city are subject to the same regulations. This means that if the city were to allow the use of the 1998 manual for parcels one acre or less, the city would be backsliding. Ms. Piety read a letter into the record from Tim Osborne of the Lakehaven Utility District that asked for the following edit/revision: “FWRC 16.45.030(4) – Water that leave…by this title. Lakehaven Utility District Resolution, Midway Sewer District Resolution, and/or Code of the King County…in these situations.” They requested this edit/revision because it would identify the two agencies that have sanitary sewer systems jurisdiction. King County only has onsite sewerage system (or septic) jurisdiction in Federal Way. Commissioner Bronson commented that there are places in US law where an old manual may be used in place of a newer one. For example, renovation of a building may be regulated using the manual it was built under until such time it is demolished and any new building would be regulated by a new manual. Mr. Appleton replied that the new manual does allow for renovation and redevelopment within limits. Commissioners Bronson and Elder expressed their concern about how adoption of the 2009 manual may affect homeowners with parcels of one acre or less. Chair Pfeifer asked if the 2009 manual could be updated for parcels of one acre or less. Mr. Appleton replied that the state Department of Ecology (DOE) would have to accept any amendments to the manual. Commissioner Long asked how come some other jurisdictions can use both manuals. Commissioner Carlson responded that it is his understanding that those jurisdictions already distinguish between parcels of one acre or less and larger parcels, which means they can use both manuals without backsliding. Some Commissioners expressed their confusion over the difference between the NPDES Permit and the surface water manual. They requested that in the future, staff be clearer on such distinctions at the beginning of the meeting. They also expressed dismay that the city is basically being mandated by the state to approve the new manual with very little room to make changes. Garrett Huffman, Master Builders Association – He asked why not change the code? Also, the comment was made that it might be confusing for developers to work with two different manuals, but they should have no problem. Peter Townsend, Federal Way Resident – He commented that he believes there are ways around the requirement to use only the most current manual and staff is not willing to consider them. Planning Commission Minutes Page 4 May 20, 2009 K:\Planning Commission\2009\Meeting Summary 05-20-09.doc Commissioner Long asked what would be the consequences if the city were to backslide and use both manuals. Mr. Appleton replied that there could be 3rd party lawsuits, there are grants the city would be ineligible for, and DOE could asses a daily fine. Mr. Robinett commented that the proposed amendments are the minimum requirements the city must do in order to comply with the NPDES Permit. Commissioner Bronson moved (and it was seconded) to accept the staff recommendation with the three modifications outlined in this meeting and the Lakehaven Utility District’s edit/revision. The motion carried with five in favor and one opposed. Hearing no objections, the public hearing was closed. ADDITIONAL BUSINESS Ms. Clark stated there will be no Planning Commission meeting on June 3, 2009. Staff is working on an item for June 17th, but is not sure it will be ready in time, so there may be no meeting in June. AUDIENCE COMMENT None. ADJOURN The meeting was adjourned at 8:35 p.m.