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LUTC MINS 01-07-2002 MEETING SUMMARY In attendance: Committee members Deputy Mayor Dean McColgan, Chair, Mayor Jeanne Burbidge and Eric Faison; Linda Kochmar; City Manager David Moseley; Director of Community Development Services Kathy McClung; Public Works Director Cary Roe; City Attorney Bob Sterbank; Assistant City Attorney Karen Kirkpatrick; Deputy Public Works Director Ken Miller; Building Official MaryKate Martin; Management Services Director Iwen Wang; Administrative Assistant Sandy Lyle 1. CALL TO ORDER Chair McColgan called the meeting to order at 5:30pm. 2. APPROVAL OF MINUTES The summary of the December 3, 2001, meeting was approved as presented. 3. PUBLIC COMMENT There was no public comment on any item not included in the agenda. 4. BUSINESS ITEMS A. Review Process for Development Agreements/Potential Code Amendment – As part of the 2001 Comprehensive Plan Amendment Process, there were eight site-specific requests for amendments to the comprehensive plan. Four of the eight requests were approved, one was denied and another request was withdrawn by the applicant. Staff was given direction by the Land Use/Transportation Committee (LUTC) to prepare development agreements for consideration by the City Council on the remaining two requests. The City does not have an adopted process for development agreements. State law requires a public hearing for a development agreement. The City Council may conduct the public hearing or delegate its authority to the Planning Commission or Hearing Examiner. Staff requested direction from the LUTC to add two code amendments detailing the requirements of development agreements to the 2002 Planning Commission work program. Clearly, Development Agreements cannot be used to circumvent code requirements. Casey Treat, Pastor of Christian Faith Center, spoke in favor of the development agreement as a way in which development projects can be accomplished. The Committee recommended to Council that they approve at their next meeting adding the design of new processes for development agreements as code amendments to the 2002 Planning Commission Work Program. B. 25% Trigger Code Amendment – Current Code language requires that adjacent right of way be improved to current standards when an owner is improving an existing development and the value of the improvements is more than 25% of the value of the existing structure/s. Staff and the Chamber worked together and met with individual Council members to formulate the following code changes: 1) Includes the assessed value of the land and improvements in the 25% calculation for properties under 100,000 square feet; 2) Right-of-way requirements will not be applied if façade improvement only is proposed; 3) The right of way requirement is not imposed if the improvements are tenant improvements only; and 4) If the right-of-way improvements are required and the City has obtained grants to construct or improve the adjacent right of way, the applicant is only required to contribute their pro rata share minus the grant amount. Business owners, Chamber and Council commended staff and the Chamber on the tremendous work that has been accomplished on the 25% trigger issue. The Committee m/s/c recommendation to the City Council to adopt the recommended ordinance at its February 5, 2002, meeting. 5. FUTURE MEETINGS The next meeting will be held in Council Chambers at 5:30 pm on January 28, 2002. 6. ADJOURN The meeting adjourned at 6:40 pm. City of Federal Way City Council Land Use/Transportation Committee January 7, 2002 City Hall 5:30 pm Council Chambers