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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 Land Use/Transportation Committee Page 2 October 4, 2010 G:\LUTC\LUTC Agendas and Summaries 2010\10-4-10 Minutes.doc 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. Land Use/Transportation Committee Page 3 October 4, 2010 G:\LUTC\LUTC Agendas and Summaries 2010\10-4-10 Minutes.doc 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