LUTC MINS 10-04-2010City of Federal Way
City Council
Land Use/Transportation Committee
October 4, 2010 City Hall
5:30 PM City Council Chambers
MEETING SUMMARY
Committee Members in Attendance: Committee Chair Dini Duclos, Committee Member Jack Dovey and Committee
Member Jim Ferrell.
Council Members in Attendance: Mayor Linda Kochmar and Council Member Burbidge
Staff Members in Attendance: Director of Community Development Services Greg Fewins, Director of Parks, Public
Works and Emergency Management Cary Roe, Deputy Public Works Director Marwan Salloum, Senior Planner Janet Shull,
Street Systems Engineer Jeff Huynh, Planning Manager Isaac Conlen, Assistant City Attorney Peter Beckwith, and
Administrative Assistant II Darlene LeMaster.
1. CALL TO ORDER
Committee Chair Duclos called the meeting to order at 5:30 PM.
2. PUBLIC COMMENT
There was no public comment.
3. BUSINESS ITEMS
Forward
Topic Title/Description to Council
A.
Approval of the September 20, 2010, LUTC Minutes
Committee approved September 20, 2010, LUTC minutes as presented.
Moved: Ferrell Seconded: Dovey Passed: Unanimously, 3-0
N/A
B.
Shoreline Master Program Update – Revisions (continued from 9/20/2010 LUTC meeting)
Senior Planner Janet Shull presented information on this item. Ms. Shull gave a quick review of
what the Committee requested to be discussed at tonight’s meeting. Councilmember Burbidge
asked for clarification of the Table on page 2 of the staff report. Ms. Shull briefly reviewed the
Table on page 2, noting similarities and differences between the existing code, Shoreline Master
Plan updates and the Citizen proposed revision.
Committee Member Dovey asked if given today’s code and you wanted to build closer than the
50 ft setback and no adjacent neighbors were closer, you would need to go through a shoreline
variance. Ms. Shull answered, yes. Committee Member Dovey stated reasons for keeping the
current process without change. Chair Duclos noted a benefit of keeping the stringline setback
being that it allows the property owner the right/option to apply for a shoreline variance. Chair
Duclos also supports leaving the code as is.
Ms. Shull also shared information obtained from King County’s Shoreline Master Plan Update
for lakefront and marine bluff (currently under review by WA State Dept. of Ecology (DOE)), as
requested by the Committee at the 9/20/10 LUTC meeting. In addition, Ms. Shull gave
additional information on proposed setbacks from marine bluffs in Federal Way and compared it
to Des Moines, Tacoma and Thurston County. Ms. Shull gave supporting arguments to justify a
50-foot proposed setback.
Committee Member Dovey asked if there were any jurisdictions whose marine bluff buffer is
10/19/2010
Consent
Resolution
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less than 50 feet. Ms. Shull was unsure but stated that ultimately the geotechnical engineers
determine if a buffer can be less. Committee Member Dovey did not want to increase our
marine bluff setback to 50 feet just because DOE suggests it or because all of our neighboring
communities use a 50 foot setback and stated that science (geo techs) will tell developers where
it is safe to build, regardless of regulation. Committee Member Dovey suggested keeping the 25
foot marine bluff setback as it currently is.
Councilmember Burbidge spoke in favor of the 50 foot setback, explaining that erosion is a
process that occurs over time. Tides and storms are out of our control. Also noted, there are
many other buffers within our code that are at least 50 feet. Moving the setback to 50 feet would
seem logical.
There were two public comments:
Norm Kutscha, 33021 38th Ave S, Federal Way – Mr. Kutscha addressed the Committee, sharing
a handout with them, illustrating his additional proposal to the Shoreline Master Plan update
and how it compares to the existing requirements as well as the proposed updates recommended
by Planning Commission.
Committee Member Dovey asked Mr. Kutscha if he was opposed to any of the existing rules.
Did Mr. Kutscha oppose an individual’s right to obtain a shoreline variance? Mr. Kutscha stated
he had no problem with the current requirements.
Sam Pace, 28939 154th Ave SE, Kent – Mr. Pace asked staff for clarification as to what was
meant by “worst case”. Ms. Shull responded that in her presentation, she referenced “worst
case” as the most that could be built in regard to the Kutscha’s situation only.
Committee forwarded Option #2, recommending City Council pass a resolution approving
the revised SMP modified to leave the setback to lakefront properties in place as it exists
today, remove the requirements for a marine bluff setback, and authorize submittal to the
Department of Ecology for their formal review/approval.
Moved: Dovey Seconded: Ferrell Passed: Unanimously, 3-0
C.
2011 Asphalt Overlay Program Preliminary Project List and Authorization to Bid
Deputy Public Works Director Marwan Salloum presented information on this item. Mr.
Salloum reviewed the available funds as well as the estimated costs associated with construction.
The streets selected for the overlay were rated as part of the Pavement Management System
contract and have been listed by schedule in the order of priority. There was no public comment
or discussion.
Committee forwarded Option #1 as presented.
Moved: Dovey Seconded: Ferrell Passed: Unanimously, 3-0
10/19/2010
Consent
4. OTHER
One public comment was received:
Sam Pace, 28939 154th Ave SE, Kent – Mr. Pace, representing the Seattle-King County Association of Realtors,
highlighted the email he sent to staff last week regarding real estate signs in the City right of way. Mr. Pace
thanked Mr. Fewins for adding this topic to the 2011 Work Plan but also noted that 2011 is a very long time to
wait for both realtors who are trying to survive financially selling homes and the home owners, who are trying to
sell before having their homes foreclosed on them. Mr. Pace illustrated a specific example from the Twin Lakes
community and stated his concern is the only place to put signs in the right of way is where the signs probably
shouldn’t be. Mr. Pace is requesting that FWRC 19.140.060 (29)(g) be modified to eliminate “on street side
planter strips” and is asking Council for assistance.
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Committee Member Dovey asked for clarification on the style of signs involved. Mr. Pace was referring to A-
boards or sandwich boards. Mr. Pace explained further that these signs are used only to advertise open houses,
during the hours of the Open House and while either the seller of the real estate agent is physically on site at the
property being sold.
The Committee directed staff to make a code amendment as soon as possible. Committee Member Dovey
suggested granting an emergency code amendment on the spot and then going back and formally making the code
amendment as soon as possible.
Committee recommended placing this item on the City Council Business Agenda at tomorrow’s regular
City Council meeting, October 5, 2010.
Moved: Dovey Seconded: Ferrell Passed: Unanimously, 3-0
Mr. Pace concluded that he wanted to insure that this code amendment is enforceable by having it go through the
correct process. Director Roe stated that the time for code modifications to go into effect is five days. The
Committee directed Assistant City Attorney Beckwith to begin drafting language for this code amendment.
5. FUTURE MEETING
The next LUTC meeting will be held Monday, 10/18/10 at 5:30 PM in City Hall Council Chambers.
6. ADJOURN
The meeting adjourned at 6:35 PM.
Attest:
Darlene LeMaster, Administrative Assistant II
COMMITTEE APPROVAL:
Dini Duclos, Chair Jim Ferrell, Member Jack Dovey, Member