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LUTC MINS 10-07-2013MEETING SUMMARY Committee Members in Attendance: Committee Chair Bob Celski and Committee members Diana Noble - Gulliford and Jeanne Burbidge. Staff in Attendance: Deputy Public Works Director Marwan Salloum, Deputy Public Works Director Ken Miller, Surface Water Manager William Appleton, Street Systems Engineer Jeff Huynh, Assistant City Attorney Peter Beckwith, Planning Manager Isaac Conlen, Senior Planner Janet Shull, Principal Planner Margaret Clark, Contract Planner Jim Harris, and Administrative Assistant II Shawna Upton. 1. CALL TO ORDER Committee Chair Celski called the meeting to order at 5:32 PM. 2. PUBLIC COMMENT (3 minutes) Alex Charoni, a board member of the Federal Way Community Gardens Foundation, is urging Council to support urban agriculture to strengthen our community, to encourage the neighbor helping neighbor philosophy and to promote a community approach to fighting hunger. Skye Schell, from Forterra, expressed appreciation to city staff, community members and others that have worked with them on urban agriculture policies and codes. They are excited about all the energy throughout the community and have seen increased interest in community gardens and local food. Rose Eel and Karla Kolibab, from the Farmers Market, expressed some concern regarding a wording change in the code from `should'to'shall' because farmers crops are more seasonal in nature and during the beginning and end of a growing season, the market may have more craft vendors than farmers. Looking for language modification. Giselle Blanton, a Federal Way resident, expressed concerns regarding proposed code amendments that would allow pigmy goats to be small domestic animals kept as pets. She lives in a residential neighborhood with small lots and given the size of the lots and larger sizes of animals, her concern is over the increasing farm yard animal smell that gets worse when there is hot weather and heavy rains. She has experienced increasing problems with noise, odor and flies and feels this situation has gotten out of hand. Ava Anissipour, thanked the Blanton's for expressing their opinion of the concerns regarding the goats and conveyed appreciation to the Council Members that came to her house to experience it for themselves. Kelly Anissipour, is asking the Committee wait for this issue to be heard by the full Council before making a decision on whether pigmy goats will be allowed or not. 3. COMMITTEE BUSINESS Forward to Topic Title/ Description Council A. Approval of Minutes: September 9, 2013 N/A Committee approved the September 9, 2013, LUTC minutes as presented. Moved, Noble- Gulliford Seconded: Burbidge Passed: Unanimously, 3 -0 Committee Members City Staff Bob Celski, Chair Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management Jeanne Surbidge, Member Shawna Upton, Administrative Assistant 11 Diana Noble- Gulliford, Member 253 - 835 -2703 City of Federal Way City Council Land Use /Transportation Committee October 7, 2013 City Hall 5:30 p.m. Council Chambers MEETING SUMMARY Committee Members in Attendance: Committee Chair Bob Celski and Committee members Diana Noble - Gulliford and Jeanne Burbidge. Staff in Attendance: Deputy Public Works Director Marwan Salloum, Deputy Public Works Director Ken Miller, Surface Water Manager William Appleton, Street Systems Engineer Jeff Huynh, Assistant City Attorney Peter Beckwith, Planning Manager Isaac Conlen, Senior Planner Janet Shull, Principal Planner Margaret Clark, Contract Planner Jim Harris, and Administrative Assistant II Shawna Upton. 1. CALL TO ORDER Committee Chair Celski called the meeting to order at 5:32 PM. 2. PUBLIC COMMENT (3 minutes) Alex Charoni, a board member of the Federal Way Community Gardens Foundation, is urging Council to support urban agriculture to strengthen our community, to encourage the neighbor helping neighbor philosophy and to promote a community approach to fighting hunger. Skye Schell, from Forterra, expressed appreciation to city staff, community members and others that have worked with them on urban agriculture policies and codes. They are excited about all the energy throughout the community and have seen increased interest in community gardens and local food. Rose Eel and Karla Kolibab, from the Farmers Market, expressed some concern regarding a wording change in the code from `should'to'shall' because farmers crops are more seasonal in nature and during the beginning and end of a growing season, the market may have more craft vendors than farmers. Looking for language modification. Giselle Blanton, a Federal Way resident, expressed concerns regarding proposed code amendments that would allow pigmy goats to be small domestic animals kept as pets. She lives in a residential neighborhood with small lots and given the size of the lots and larger sizes of animals, her concern is over the increasing farm yard animal smell that gets worse when there is hot weather and heavy rains. She has experienced increasing problems with noise, odor and flies and feels this situation has gotten out of hand. Ava Anissipour, thanked the Blanton's for expressing their opinion of the concerns regarding the goats and conveyed appreciation to the Council Members that came to her house to experience it for themselves. Kelly Anissipour, is asking the Committee wait for this issue to be heard by the full Council before making a decision on whether pigmy goats will be allowed or not. 3. COMMITTEE BUSINESS Forward to Topic Title/ Description Council A. Approval of Minutes: September 9, 2013 N/A Committee approved the September 9, 2013, LUTC minutes as presented. Moved, Noble- Gulliford Seconded: Burbidge Passed: Unanimously, 3 -0 Committee Members City Staff Bob Celski, Chair Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management Jeanne Surbidge, Member Shawna Upton, Administrative Assistant 11 Diana Noble- Gulliford, Member 253 - 835 -2703 B. Amendments to Federal Way Revised Code (FWRC) Related to Urban Agriculture November 4, 2013 LUTC Senior Planner Shull gave a presentation on the proposed code amendment. The current zoning code has no references to urban agriculture. Last year, staff applied for and was November 5, 2013 awarded a grant for technical assistance from Forterra to assist with the development of Ordinance urban agriculture policies and regulations. The overall goals for the urban agricultural 1st Reading amendments are to implement the policies that support access to healthy food in our community, to be responsive to community interest in growing food for health, education and economic benefit and remove potential barriers and provide some predictability in how we review and site urban agriculture uses within the city. Some of the proposed amendments include creating definitions for different types of agricultural uses, signage regulations, updating existing zone use charts and create new zone use charts to address urban farms, and creating provisions for accessory structures and on site sales. The Planning Commission recommended the ordinance be amended by replacing the word should' with the word 'shall' and add a qualifier that the area devoted to food- related products shall be as determined by the overall width of saleable space devoted to sale of food - related products. Member Noble - Gulliford stated the language seems vague, unenforceable and inquired how a farmers market would be able to calculate what this meant. Shull replied that staff establishes standards as a mechanism to take action against situations that get out of hand. Staff doesn't have the resources to measure stall space nor is that information required to be submitted from the Farmer's Market. It is there so that staff would be able to address situations that change over time if it no longer met the criteria of a farmers market. An example would be if it turned into more of a flea market than farmers market. Member Burbidge noted that the intent is to have the majority of the items sold be food related but wondered if introducing a time factor or seasonality factor could be added to the language to help address that concern. Discussion continued surrounding the definition of farmer's market, adding provisions that are more quantifiable and farmers market events that may fall outside the current definition. Chair Celski mentioned that last winter the farmers market was in the, mall selling arts and crafts similar to a craft bazar. The concern might be that somewhere down the line, the market might work its way into a similar event sometime down the road during the outdoor season. Chair Celski asked Rose Eel and Karla Kolibab back to the podium to address the concern. Ms. Eel and Ms. Kolibab stated that they could not find farmers who were interested in selling just a few items of produce here and there to customers so it was converted to a bazar at that time. Rose and Karla stated there should be something to quantify the amount of food items available but wants to make sure that the wording is corrected to protect not only the intent of the farmers market but also to allow for the other events they sponsor throughout the year such as the Chili Cook Off, Apple Festival and Kiwanis Family Safety Day. Further discussion continued regarding types of food - related products, desired wording modifications, signage, use of banners, definitions for farm stands in residential areas, setback requirements and how home owners association rules will factor in. Committee tabled this item and made a motion directing staff to come back with clarifying language on the farmers market definition and bring back to LUTC on November 4, 2013. Moved: Burbidge Seconded: Noble- Gulliford Passed: Unanimously, 3 -0 C. Informational Briefing on Status of the Major Comprehensive Plan Update - Information N/A Item Only Principal Planner Clark provided a briefing on the Major Comprehensive Plan Update process. By June 2015, State Law Requires the city to complete a major update to the comprehensive plan, development regulations and critical areas ordinance. During the review, staff will be looking to see how state laws have changed, the population changes, looking at employment and population targets to make sure there is zoning in place to Committee Members City Staff Bob Celski, Chair Cary M. Roe, P.E., Director of Pants, Public Wonts and Emergency Management Jeanne Burbidge, Member Shawna Upton, Administrative Assistant 11 Diana Noble- Gulliford, Member 253 - 835 -2703 accommodate those targets. There are twelve chapters to the plan and several will involve other city departments and outside utility companies. Principal Planner Clark provided a summary of current levels of staffing, planning workload, the timeline for completing the comprehensive plan update and what to expect as this process moves forward. D. Consider Amending the 2013 Planning Commission Work Program to Add an Item Related October 15, 2013 to Siting of Group Homes Type III. Consent Planning Manager Conlen summarized that Type III Group Homes is housing for sex offenders and similar offenders in the criminal system. Conlen noted that at the September 3, 2013 City Council meeting, the Council adopted a six month moratorium on this type of housing to allow staff time to research how current state law addresses this topic and amend the city code based on State law. Committee forwarded Option #1 as presented. Moved: Burbidge Seconded: Noble- Gulliford Passed: Unanimously, 3 -0 E. Consider Amending the 2013 Planning Commission Work Program to Add an Item Related October 15, 2013 to the Keeping of Miniature Goats Business Planning Manager Conlen noted that staff was asked at the September 3, 2013 Council meeting to research this topic. Conlen presented a summary which included information on local ordinances, animal space requirements, health issues for both humans and animals, nuisance issues and the impact to allocation of city resources. Several jurisdictions ordinances were reviewed and the average lot size required those ordinances is 17,000 square feet and many require larger setbacks from the property lines for the housing structure for the animal as well as having specific criteria for cleaning of the structures, handling and removal of pet waste. Other jurisdiction ordinances simply referred to their nuisance ordinance. The Seattle King County Health Department Veterinarian recommended miniature goats have a minimum of 5,000 square feet of growing area for up to two animals and noted that since Seattle has begun allowing goats, they have seen an increase of rat infestations in these locations. Dr. Susan Kerr from the Northwest Regional Livestock and Dairy Specialist at Washington State University stated that confinement to small spaces would result in health issues and abnormal behavior in the animals. Dr. Kerr also stated that miniature goats living in small indoor spaces for their primary living space is not a good idea for health and sanitation reasons, that specialized care is needed in wetter climates; specifically in the northwest and that lack of proper parasite control would be fatal. Discussion continued regarding, communicable diseases and how they are transmitted, the importance of knowing how to properly care for the animals. Planning Manager Conlen addressed the nuisance aspects noting that some ordinances recommend having two goats since they are herding animals and tend to be less noisy, some sited to the nuisance ordinance for noise related complaints. In terms of odor, the males smell unless they are de- horned and neutered. Some ordinances do not allow males and others require the goat to be de- horned and neutered if they are going to be kept as pets. Further discussion continued related to impact to staffing and the need for specialized training if this topic moves forward. Committee forwarded Option #2 as presented. Moved: Noble- Gulliford Seconded: Burbidge Passed: Unanimously, 3 -0 F. Amendments to Federal Way Revised Code (FWRC) Chapter 19.115.020, "Community October 15, 2013 Design Guidelines, Administration" Ordinance 1st Reading Contract Planner Harris gave a brief presentation on the proposed amendments regarding community design guidelines. The design guidelines are implemented on commercial, Committee Members City Staff Bob Ce /ski, Chair Cary M. Roe, P. E., Director of Parks, Public Works and Emergency Management Jeanne Burbidge, Member Shawna Upton, Administrative Assistant rr Diana Noble- Gulliford Member 253- 835 -2703 multi - family and institutional uses and have limited flexibility. The guidelines relate to building design, building orientation, modulation, pedestrian circulation both onsite and from public rights of way, parking structure design and other similar topics. Staff is looking to increase the flexibility to allow the design guidelines to work more as guidelines and less like standards within the zoning code to offer opportunities for designers to provide greater, unique architecture. The intent is to add flexibility and keep the guidelines in place while meeting the larger intent of the guidelines such as protecting property values, enhancing the appearance of the city and improve circulation of public spaces. Committee forwarded Option #1 as presented. Moved: Noble - Gulliford Seconded: Burbidge Passed: Unanimously, 3 -0 G. Steel Lake LIVID — Time of Payment Ordinance October 15, 2013 Ordinance Surface Water Manager Appleton noted staff is near the end of the process for reforming 1st Reading Steel Lake Management District Number 1. Member Noble - Gulliford asked if the same guidelines are applied to the North Lake Management District and wondered if they had been apprised of this topic going before the Committee. Mr. Appleton noted that there is one small difference between the ordinances and that is there is no escalation of CPI associated with the ordinance. The residents specifically request that not be included and that the residents were advised this was going to be addressed at this meeting. Committee forwarded Option #1 as presented. Moved: Burbidge Seconded: Noble - Gulliford Passed: Unanimously, 3 -0 H. Steel Lake LIVID - Resolution Establishing SLMD Advisory Committee October 15, 2013 Business Surface Water Manager Appleton stated that the purpose of this resolution allows for the creation of the advisory committee which helps to oversee and manage the funds for the lake management district and make recommendations to Council. Chair Celski asked if 'there are any specifications regarding the allowed length of time one can remain on the committee. Mr. Appleton stated there are no limits. Committee forwarded Option #1 as presented. Moved: Burbidge Seconded: Noble - Gulliford Passed: Unanimously, 3 -0 2013 -2015 DOE Capacity Grant Surface Water Project October 15, 2013 Consent Surface Water Manager Appleton presented information on the DOE Capacity Grant noting there are two parts associated with this grant. The first is a $50,000 made available to assist with the implementation and management of the NPDES Municipal Stormwater Permit; no match required. The second is up to $120,000 to plan and design flow control or treatment facilities. Staff is proposing to submit for this funding. There is no match required. Mr. Appleton stated will need to identify a project that provides either water quality, flow control or both and the funds, up to $120,000, can be used for the planning and design of that project. Staff is proposing to identify, design and construct water quality retrofit projects within or adjacent to right -of -way within the City. Several approaches will be considered including filtration, infiltration, bioretention as well as water quality vaults. Discussion continued regarding project benefits, the process that will be used in choosing locations and estimated timeline for completion. Committee forwarded Option #1 as presented. Moved: Noble - Gulliford Seconded: Burbidge Passed: Unanimously, 3 -0 J. 2014 Asphalt Overlay Program Preliminary Project List and Authorization to Bid October 15, 2013 Consent Street Systems Engineer Huynh provided information regarding available funding for this project along with estimated costs for completing the project. The anticipated date for Committee Members City Staff Bob Ce /ski, Chair Cary M. Roe, P.E., Director of Parks, Public works and Emergency Management Jeanne Burbidge, Member Shawna Upton, Administrative Assistant II Diana Noble- Gulliford, Member 253- 835 -2703 advertising is January 2014 with construction estimated to begin in April 2014. Member Noble - Gulliford asked if the overlay project work can be staggered so that commuters have more options for traveling to their destinations outside the construction areas. Mr. Huynh stated that the contractor is instructed by staff to perform preliminary work on not more than two areas at a time and for arterials, the contractor is instructed to stagger the paving, planing and striping to only one area at a time. Committee forwarded Option #1 as presented. Moved: Noble - Gulliford Seconded: Burbidge Passed: Unanimously, 3 -0 K. 2013 Asphalt Overlay Project — Final Acceptance October 15, 2013 Consent Street Systems Engineer Huynh stated the 2013 Asphalt Overlay project is complete and finished $50,987.63 below the budgeted amount. Staff is asking for authorization for final acceptance of the 2013 Asphalt Overlay Project. Committee forwarded Option #1 as presented. Moved: Burbidge Seconded: Noble - Gulliford Passed: Unanimously, 3 -0 L. S 320th Street Preservation Project — 85% Design Status Report and Authorization to Bid October 15, 2013 Consent Street Systems Engineer Huynh presented information on the proposed S 320th Street Preservation Project. The city received grant funding for the overlay and ADA retrofit on S 320th Street between 11th Place S and I -5 limited access. The project has been completed to 85% design completion including environmental documentation approval, site preparation and generalization plans and preliminary contract specifications. Final preparation of the contract specifications and project design tasks are still being worked on to bring the project to 100% design status. Committee forwarded Option #1 as presented. Moved: Noble - Gulliford Seconded: Burbidge Passed: Unanimously, 3 -0 4. OTHER S. FUTURE MEETINGS /AGENDA ITEMS: The next LUTC meeting will be Monday, November 4, 2013 at 5:30 p.m. in City Hall Council Chambers. 6. ADJOURN The meeting adjourned at 7:51 PM. Attest: was Upton- AdmAtrative Assistant II COMMITTEE APPROVAL: Bob Celski, Chair J e Burbidge, Member Diana Noble - Gulliford, Member Committee Members City Staff Bob Ce /ski, Chair Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management Jeanne Burbidge, Member Shawna Upton, Adminisdadve Assistant II Diana Noble - Gulliford, Member 253- 835 -2703