Loading...
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.