Planning Comm MINS 11-04-2009
K:\Planning Commission\2009\Meeting Summary 11-04-09.doc
CITY OF FEDERAL WAY
PLANNING COMMISSION
November 4, 2009 City Hall
7:00 p.m. Council Chambers
MEETING MINUTES
Commissioners present: Hope Elder, Sarady Long, Lawson Bronson, Tom Medhurst, and Tim O’Neil.
Commissioners absent: Merle Pfeifer (excused) and Wayne Carlson (excused). Staff present: Senior
Planner Margaret Clark, Associate Planner Matt Herrera, Planning Manager Isaac Conlen, Assistant City
Attorney Peter Beckwith, and Administrative Assistant Tina Piety.
Vice-Chair Elder called the meeting to order at 7:00 p.m.
APPROVAL OF MINUTES
The minutes of October 7, 2009, were approved as written.
AUDIENCE COMMENT
None
ADMINISTRATIVE REPORT
None
COMMISSION BUSINESS
PUBLIC HEARING – Proposed Deferment of Open Space Fee-in-Lieu and Regional Stormwater Facility Fee
Mr. Herrera delivered the staff presentation. Staff is recommending that time of collection of the city’s
mitigation fees for open space and stormwater facilities be codified (Federal Way Revised Code [FWRC]
19.100.060). In addition, the Commission is being asked to consider whether to defer collection of the
mitigation fees, namely the Open Space Fee-in-Lieu and Regional Stormwater Facility Fee. These are not
mandatory fees. The developer has a choice of providing open space or a stormwater detention facility (not
all developments are required to provide open space and/or a detention facility) or paying the mitigation
fees. Specifically, the Commission is asked to consider the following (staff recommends option #1 for both):
• Open Space Fee-in-Lieu
1. Retain the current policy with no change;
2. Defer the collection to Certificate of Occupancy; or
3. Defer to the point of sale
• Regional Stormwater Facility Fee
1. Retain the current policy with no change;
2. Defer the collection to Certificate of Occupancy; or
3. Defer to the point of sale
Garrett Huffman, Master Builders Association – He appreciates the work done by staff. He feels this
is not the best time to consider this issue and he is not pushing to change. However, deferring
payment to the point of sale would help developers obtain funding. He has no objection to option #1.
Planning Commission Minutes Page 2 November 4, 2009
K:\Planning Commission\2009\Meeting Summary 11-04-09.doc
Commissioner Medhurst commented that he agrees with retaining the current policy in regards to the
stormwater facility because that is the point of impact, but he does not see a problem with deferring the
open space to the point of sale. He suggested the city require that the entire fee be paid with the first
occupancy. Mr. Herrera replied that it is likely the lots would be sold before a structure is built and
deferring the fee and requiring the first occupancy pay the entire fee would means the entire fee would fall
upon one purchaser.
Commissioner Bronson commented that he does not see a problem with collecting the open space piecemeal. It
would mean a smaller amount at one time, but the payments would come in over a longer period of time. Mr.
Herrera responded that the fees may only be used within a single park planning area in which they are collected
and they must be used within five years. It is unlikely that a small amount of money would be feasible.
Commissioner Long asked if the amount of the fees would change over time. Mr. Herrera replied that he does
not know for sure. It has not been legally tested if inflation can be added to mitigation fees. Mr. Huffman
commented that the city could consider an administrative fee (of one to two percent) to handle the deferment.
Commissioner Long was concerned that in the proposed amendments to 19.100.060(2)(b) to codify the
policy of how fees are presently collected, it ends with, “…or as otherwise determined by the Public Works
Director.” He is concerned that the director could use this to defer the fee, which is opposite of the staff’s
recommendation. Ms. Clark commented that staff added that phrase because they cannot anticipate all
possible scenarios.
Commissioner Medhurst moved (and it was seconded) to recommend adoption of Option #1 (current policy)
in regards to the open space fee-in-lieu, with the addition of the new language codifying how fees are
collected. Commissioner Long moved (and it was seconded) to amend the motion by removing the phase,
“…or as otherwise determined by the Public Works Director,” from FWRC 19.100.060(2)(b).
Commissioner O’Neil doesn’t see a problem with the language. He feels it makes the regulation more
flexible, which he likes. Commissioner Long commented that he feels that the language is inconsistent with
the intent of the staff’s recommendation. Vice-Chair Elder called for the vote on the amendment. It carried
unanimously. Vice-Chair Elder called for the vote on the motion as amended. It carried unanimously.
Commissioner Bronson moved (and it was seconded) to recommend adoption of Option #1 (current policy)
in regards to the regional stormwater facility fee, with the addition of the new language codifying how fees
are collected, but deleting the phrase, “…or as otherwise determined by the Public Works Director,” from
the proposed FWRC 19.100.060(2)(b). There was no discussion Vice-Chair Elder called for the vote on
the motion and it carried unanimously. The public hearing was closed.
ADDITIONAL BUSINESS
Mr. Conlen stated that since two Commissioners are unable to attend tonight’s meeting, staff decided it
would be best to defer the election of officers until the next meeting. A meeting could be held just for the
election if there is no other business in December.
AUDIENCE COMMENT
None
ADJOURN
The meeting was adjourned at 7:50 p.m.