LUTC MINS 02-01-2010
City of Federal Way
City Council
Land Use/Transportation Committee
February 1, 2010 City Hall
5:30 PM City Council Chambers
MEETING SUMMARY
Committee Members in Attendance: Committee Chair Dini Duclos and Committee Members Jim Ferrell and Jack Dovey
present.
Council Members in Attendance: Mayor Linda Kochmar
Staff Members in Attendance: Director of Parks, Public Works and Emergency Management Cary Roe, Deputy Public
Works Director Marwan Salloum, Deputy Public Works Director Ken Miller, Director of Community Development
Services Greg Fewins, Planning Manager Isaac Conlen, Senior Planner Margaret Clark, Associate Planner David Lee,
Associate Planner Matt Herrera, City Attorney Patricia Richardson, Surface Water Manager Will Appleton, Street Systems
Project Engineer John Mulkey, ESA & NPDES Coordinator Hollie Shilley 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 January 4, 2010 LUTC Minutes
Committee approved January 4, 2010 LUTC minutes as presented.
Moved: Ferrell Seconded: Dovey Passed: Unanimously, 3-0
N/A
B. Proposed Deferment of Open Space Fee-in-lieu and Regional Stormwater Facility Fee
Matt Herrera presented information on this item. Committee Member Ferrell asked if Planning
Commission gave any reason as to why they did not concur with the recommendations of Sam
Pace and Garret Huffman. Mr. Herrera responded that the Planning Commission’s main basis
for their recommendation was that these are optional. Developers have an option to make
improvements themselves in lieu of paying a fee.
Mr. Appleton presented an illustration of the three basins that support the remaining
undeveloped, developable land in response to Committee Member Dovey’s inquiry as to how
many parcels could be affected by these fees. Mr. Appleton also explained that currently,
developers would pay a stormwater facility fee as they receive engineering approval for the
plat (“preliminary plat approval”). Mr. Appleton also noted that if State standards were to
change (ie. NPDES permit), there would be no advantage to paying stormwater facility fees.
The following public comment was received:
Sam Pace, Seattle/King County Association of Realtors – Mr. Pace wanted to note four
items:
TBD
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- There are benefits to both developers and the City by delaying the collection of impact
fees to the point of sale.
- There are no environmental risks associated with the proposed delay of collection of
impact fees as all the stormwater facilities are in place.
- There were parties that would have liked to attend the Planning Commission’s January
6, 2010 public hearing, but either didn’t receive notice of the meeting or found out about
it at the last minute.
- Referencing the stormwater facility fee being optional…. Due to current financial
constraint on developers, improving the site is not an option.
Garrett Huffman, Master Builders Association of King and Snohomish Counties – Mr.
Huffman wanted to make the Committee aware that the development industry is facing
difficult lending times. Banks are not financing for impact and mitigation fees. This has
forced developers to look for other ways to pay fees. Mr. Huffman supports and
encourages the Committee to consider looking at all fees and giving the developer the
option to defer fees to closing of sale. Mr. Huffman offered his services to help the City
draft some options for consideration.
Committee Member Dovey asked if in this recommendation there is a contingency plan in
place so that the City collects the fees regardless of whether or not the lots/homes are sold.
Mr. Huffman replied that a contingency plan could be worked out. Mr. Huffman encouraged
the Committee to table this topic until six months to one year from now, giving time for all
fees that the developer pays to be reevaluated and hopefully deferred back to the point of sale.
Chair Duclos commented that she would like to learn more about why fees at closing did not
work for Pierce County.
Director Fewins noted that there is currently nothing in the 2010 work program that would
address the fees collectively. The open space fee-in-lieu and the stormwater facilities fees are
the last of the fees to be reevaluated. Also, there are currently no new development projects
that would influence Council to make a decision on this right away.
Dave Main, President of the Master Builders Association – Mr. Main pointed out what
the City will lose if developers choose not to develop in our City. Mr. Main supports fees
to be paid at closing and suggested a lien on the title to be disclosed to purchaser with
fees collected at closing of sale or within 24 months of certificate of occupancy, whichever
happens first. Fees will be built into a home’s purchase price.
Mayor Kochmar commented that she is not sure if Council intends considering a change in
collection of fees for an indefinite period. Council will want to reevaluate collection of fees
again as the economy improves.
Duana Kolovskova, Legal Council for Master Builders Association – Ms. Kolovskova
requested that staff work with developers to find a way for the City to collect their fees
and developers to be able to afford their projects. Ms. Kolovskova presented a sample
covenant in use by another agency that had been tailored to Federal Way for evaluation.
In regard to collection of fees at time of closing, Ms. Kolovskova felt that the situation
with Pierce Co. is different and would not apply to Federal Way.
Chair Duclos asked staff to set up a committee of staff and developers, to reevaluate fees and
the collection of them, and to return to LUTC in approximately six months for a study session
and to finalize a committee recommendation. Mr. Huffman returned to the podium to request
that LUTC act upon this sooner than six months, suggesting as soon as two weeks from now.
Committee directed staff to meet with individuals associated with land development and
return to LUTC within the next two months for a study session to work out the specifics
regarding this topic.
Moved: Dovey Seconded: Ferrell Passed: Unanimously, 3-0
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C. Amendment to the FWRC to Expand the Size of Health Clubs in the BN Zone
David Lee presented information on this item. There was no public comment. Mr. Lee noted
that all BN zones will be evaluated in 2010 as part of the 2010 Work Plan.
Committee forwarded Option #1, adopt the Planning Commission’s recommendation as
presented.
Moved: Dovey Seconded: Ferrell Passed: Unanimously, 3-0
2/16/2010
Ordinance
1st Reading
D. NPDES Requirements: SWMP and Annual Report
Will Appleton introduced Hollie Shilley who presented information on this item. There was
no public comment. Ms. Shilley shared that there were 44 IDDE cases in 2009, the majority
consisting of automotive discharge, construction waste, restaurant grease, and leaking
dumpsters. Dan Smith, Water Quality Coordinator, runs the City’s IDDE program and is
involved with investigations and citations. There is a trigger or threshold for the state Dept. of
Ecology to get involved. There is also an interagency compliance task force for large spills.
Mr. Appleton clarified that stormwater sewer system does not combine any sanitary sewer
system with stormwater. The stormwater sewer system only contains surface water.
Committee forwarded Option #1 as presented.
Moved: Ferrell Seconded: Dovey Passed: Unanimously, 3-0
2/16/2010
Consent
E.
2009 Easter Lake Flood control Project – Project Acceptance and Retainage Release
Will Appleton presented information on this item. There was no public comment or
discussion.
Committee forwarded Option #1 as presented.
Moved: Dovey Seconded: Ferrell Passed: Unanimously, 3-0
2/16/2010
Consent
F. Ordinance for the Relinquishment of a Portion of S 320th St to the State of Washington
John Mulkey presented information on this item. There was no public comment or discussion.
Committee forwarded Option #1 as presented.
Moved: Dovey Seconded: Ferrell Passed: Unanimously, 3-0
2/16/2010
Ordinance
1st Reading
G. S 348th St at 1st Ave S – LUD Design Construction Interlocal Agreement
John Mulkey presented information on this item. There was no public comment or discussion.
Committee forwarded Option #1 as presented.
Moved: Dovey Seconded: Ferrell Passed: Unanimously, 3-0
2/16/2010
Consent
H. S 348th St at 1st Ave S – PSE Gas Letter of Understanding
John Mulkey presented information on this item. There was no public comment.
Committee forwarded Option #1 as presented.
Moved: Ferrell Seconded: Dovey Passed: Unanimously, 3-0
2/16/2010
Consent
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4. OTHER
Director Roe addressed the committee, requesting the full Council attend the 2/22/2010 LUTC meeting for a
Transportation Level of Service study session.
5. FUTURE MEETING
Due to the upcoming holiday, the February 15, 2010 LUTC will be cancelled. The next regular LUTC meeting will be
Monday, February 22, 2010 at 5:30 PM in City Council Chambers.
6. ADJOURN
The meeting adjourned at 6:45 PM.
Attest:
Darlene LeMaster, Administrative Assistant II
COMMITTEE APPROVAL:
Dini Duclos, Chair Jim Ferrell, Member Jack Dovey, Member