LUTC MINS 04-17-2017City of Federal Way
City Council
Land Use /Transportation Committee
April 17, 2017 City Hall
5:00 P.M. Council Chambers
MEETING SUMMARY
Committee Members in Attendance: Committee Chair Bob Celski and Committee members Lydia Assefa- Dawson
and Mark Koppang. Council members in attendance: Deputy Mayor Burbidge and Councilmember Honda.
Staff in Attendance: Deputy City Attorney Mark Orthmann, Public Works Director Marwan Salloum, Deputy Public
Works Director /PAEC Project Director EJ Walsh, Deputy Public Works Director /Street Systems Manager Desiree Winkler,
Community Development Director Brian Davis, City Traffic Engineer Rick Perez, SWR Coordinator Rob Van Orsow, SWM
Project Engineer Fei Tang, Economic Development Director Tim Johnson, Principal Planner Margaret Clark, Street
Systems Project Engineer Naveen Chandra, Administrative Assistant Mercedes Tenuta, and Administrative Assistant II
Shawna Upton.
CALL TO ORDER
Chair Celski called the meeting to order at 5:02 PM
2. PUBLIC COMMENT (3 minutes)
lamas G. William is the Vice President of Development for Merlone Geier Partners and in general spoke against the
pending multi - family code amendments. They recently acquired the Commons at Federal Way and they also own
Sunset Square. He stated that one of the important aspects of their investment here in Federal Way is the future
Sound Transit Light Rail Station and with that context in view, and recently learning about the pending multi - family
housing zoning code amendments, he wanted to emphasize their desire for the City of Federal Way to consider
making allowances for City Center Core and Frame District TOD (Transit Oriented Development) that is on a
different path than multi - family development most likely in other parts of the city. He feels in doing so, the
comprehensive plans mandate to encourage development in the designated downtown core areas can be furthered
and make use of the tremendous amount of public investment in the light rail. He continued to outline specific
concerns.
Alex Kim indicated he's previously spoken with staff about this issue and in general, is against the proposed
multi - family code amendment. He indicated he has owned approximately six acres in the BC zone for several years
now. He stated that there have been several code amendments over the last few years and shared concerns about
height restrictions in zoning areas that are next to residential zones. He feels there should be amendments made
to some of those zones to make it more equitable.
Monte Powell is a resident in Federal Way and he's been developing senior housing in this area for several years.
He expressed gratitude to staff and Council for working on this subject and feels they've done a great job but noted
there are a few small issues that need to be reconciled as there are some issues, surveillance cameras for example,
that are in violation of the State Code. He feels that overall this is a very good effort at bringing the code into
compliance with what he thinks the Federal Way population will accept and look forward to.
Committee Members City Staff
Bob Celski, Chair Marwan Salloum, P. E., Public Works Director
Lydia Assefa- Dawson, Member Shawna Upton, Administrative Assistant II
Mark Koppano, Member 253 - 635 -2703
3. COMMITTEE BUSINESS
Forward to Council
Topic Title/ Description
A. Approval of Minutes: March 6, 2017 N/A
Committee approved the March 6, 2017 LUTC minutes as presented.
Moved: Koppang Seconded: Assefa- Dawson Passed: 3 -0
B. Citywide Flashing Yellow Arrow Retrofits Project — Final Acceptance May 2, 2017
Consent
Mr. Chandra explained this project installed flashing yellow arrow signal indications
at 17 intersections and one overhead lane use signs at two locations on SR 161 and
SR 18. Prior to release of performance /payment bonds on a Public Works
construction project, the City Council must accept the work as complete to meet
State Department of Revenue and State Department of Labor and Industries
requirements. A brief discussion continued regarding the potential to install
flashing yellow arrows at any other locations and if there have been any increased
accidents in locations that had the signals installed.
Committee forwarded Option #1 as presented.
Moved: Assefa- Dawson Seconded: Koppang Passed: 3 -0
C. Submittal of Transportation Grant Application May 2, 2017
Consent
Mr. Perez stated WSDOT issued a call for projects for a federally- funded
Accelerated Innovation Deployment Program. The program is intended to include
proven innovative practices or technologies which the applicant intends to
implement and adopt as a significant improvement to their conventional practice.
Staff is proposing to expand implementation of variable lane use controls to
optimize lane utilization at an intersection as it varies by time -of -day. As part of the
SR 99 Phase V project, one of these signs will be constructed at northbound SR 99
at S 348th Street. Mr. Perez illustrated images that are similar to what they would
look like. He indicated that they can be used at pre - programmed times of day or
by real -time traffic conditions. He further discussed the Federal Highways
Administration summary of impacts for this type of operation and noted that there
are several technical issues that would need to be worked out before
implementation. A list of tentative locations and changes to the current traffic
movements at each location was explained. Discussion continued regarding
potential for driver confusion, unintended consequences and public outreach.
Committee forwarded Option #1 as presented.
Moved: Koppang Seconded: Assefa- Dawson Passed: 3 -0
Committee Members City Staff
Bob Celski, Chair Marwan Salloum, P. E., Public Works Director
Lydia Assefa- Dawson, Member Shawna Upton, Administrative Assistant II
Mark Koppang, Member 253- 835 -2703
D. Authorization to Apply for the King County Flood Control District Flood Reduction
Grant
Mr. Tang indicated the King County Flood Control District Flood Reduction Grant is
an annual grant and this year there is approximately $3 million in available funding.
Typically awards have ranged from $10k- $400k per project, noting that in 2016 the
City was awarded $350k for the Marine Hills Stormwater Conveyance System
Repair Project Phase II. The grant is available for small to medium flood reduction
projects which includes repair of failing stormwater systems that are causing
flooding. The project must meet the standard for extended benefits such as
maintaining safe roads and public access to residences and provide a clear
economic benefit that extends beyond the applicant to the broader public good.
If staff is authorized to apply, they plan to use the funding for the Lakota Berm and
Pipe Repair project. In 2015, the water within the wetland overtopped the berm
and flooded the fields, track and a portion of 21St Avenue SW. The flooding was
caused primarily by the localized settlement of the berm and blockage at the control
structure. Upon investigation of the facility, staff found 100 feet of outlet pipe had
deteriorated and is in need of repair. He provided maps that illustrated where the
flooding occurred and outlined the repairs that would be made, estimated
expenditures and available funding. A brief discussion was held regarding the
potential timing of the project.
Committee forwarded Option #1 as presented.
Moved: Assefa- Dawson Seconded: Koppang Passed: 3 -0
E. ORDINANCE: Adopt Code Amendments Related to Multi - Family Dwelling Units,
Senior Housing, and Special Needs Housing
Mr. Davis explained the reasons the moratorium is in place are for improved quality
of multi - family developments, to improve the safety of the residents nearby
multi - family developments and to improve the compatibility with neighbors as it
relates to setbacks and open space. Staff received 17 suggestions for changes to
the proposed amendments and worked with those suggestions to come up with
ideas on how to address them. He outlined the moratorium timeline as it has
progressed since December of 2016 noting that the Planning Commission had two
briefings on this item and chose to forward the matter to Committee without a
recommendation. Mr. Davis provided an overview of the recommended changes
to the Ordinance. Staff received several suggestions to improve parking. Staff
recommends developments that propose at least 100 units have a minimum
of 25% of the parking underground or on the first floor. In the city center core
zone, the parking could be accounted for in a multi -level garage. For developments
over 25 units, a mix of first -floor commercial uses was suggested. In this case, it
would not be required of all of them but for a certain number of them, 50% of the
first floor to be commercial use if building fronts an arterial. There were no
recommended changes for mixed number of bedrooms per unit in same complex,
shared living and social gathering or maintenance plan and inspection programs.
Private open space was a concern for some. Staff recommends a minimum of
48 square feet, per unit, of open space be made available to the tenants within
their units to congregate so those activities don't overflow into the right -of -way.
There was also a desire to expand on our required recycling program so changes
have been made to address space and location requirements for solid waste and
recycling. Reducing bulk and mass of the buildings was also desired so it is
addressed as a guideline, not as a requirement so this is optional. Several
May 2, 2017
Consent
May 2, 2017
Consent
Committee Members City Staff
Bob Celski, Chair Marwan Salloum, P.E., Public Works Director
Lydia Assefa- Dawson, Member Shawna Upton, Administrative Assistant II
Mark Koppang, Member 253 - 835 -2703
suggestions were received to increase compatibility with surrounding uses by
increasing setbacks for buildings on property adjacent to non - multifamily zones.
Safety goals were proposed that would incorporate various safety measures into
the building design or tenant agreements that would be optional for developers
such as a safety plan or security cameras. A suggestion was made to develop a
system or program that would collect Police Impact Fees. This item is being
deferred to a later date as there are some legal challenges with this and significant
data analysis is required for an equitable proposal. Another recommended change
is related to parking standards that are in the books but not necessarily enforced.
Parking standards can be reduced based on the actual need. An example of this
would be senior housing which doesn't require the normal amount of parking that
a multi - family development would because there are fewer drivers. Staff has
received comments that recent developments don't have enough parking so what
staff has done is increase parking requirements creating a higher starting point
when reductions are considered which should help alleviate public frustration. He
used Uptown Apartments on Pacific Hwy and S 320th Street as an example of what
the code amendments would look like if implemented by stating Uptown
Apartments would need an additional 47 parking stalls than what they have now.
Mr. Davis provided a handout to the Committee which includes public comments
that were received noting that they clearly illustrate the division between what the
public wants and what developers want and summarized indicating the citizens
want less flexibility and developers want more flexibility. He discussed the
comments that were received from the citizens and developers and briefly
expanded on a comment that was received from lamas William from the Commons
Mall property that stated Transit Oriented Development (TOD) standards should
be incorporated into the city center core and indicated staff agrees. Developing a
TOD type plan or Ordinance would take a significant amount of outreach and
process. Sound Transit and the City are working together on this issue and Sound
Transit indicated their planning efforts may even provide some funding for the City
to take advantage of.
Chair Celski shared he has not had enough time to review the information and is
not ready to make a decision. He asked Mr. Davis for input as to why the Planning
Commission forwarded the issue without a recommendation. Mr. Davis stated the
Planning Commission met on three separate occasions and were provided the same
information that Committee received tonight. He shared his perspective that the
Planning Commission felt they could not make an informed recommendation and
may have needed more time to process the information. Councilmember Koppang
commented his impression of the last Planning Commission meeting was they
didn't think the scope of the presentation fully matched expectations Council had
for the moratorium. He mentioned TOD is an important next step for the city,
expanding there is a potential for code changes, and asked if there are any other
proposed amendments on the horizon that Council should be aware of. Mr. Davis
mentioned the main changes have already been discussed and that the proposed
amendments are a good starting point. He views TOD as a comprehensive zone
change that will redesign the downtown area. Councilmember Honda commented
that when the first SHAG housing was built, there was not enough parking for
residents and expanded residents in the second building are parking on the street
and in the park. She's concerned that seniors need more parking. Deputy Mayor
Burbidge asked what the current requirement is for senior parking. Mr. Davis
indicated the current requirement is 0.5 per unit. A brief discussion was held
regarding mixed room units and market rate development. Councilmember
Koppang noted he was happy to see new requirements for solid waste and
recycling because he sees value for the residents. Additionally he asked for
information about Police Impact Fees stating an initial increase for response was
Committee Members City Staff
Bob Celski, Chair Marwan Salloum, P.E., Public Works Director
Lydia Assefa- Dawson, Member Shawna Upton, Administrative Assistant II
Mark Koppanq Member 253 - 835 -2703
seen at the apartment complexes, possibly due in part to the screening process,
but would like to see developers take a responsible path for implementation.
Mr. Davis stated he has seen the service call numbers and believes that although
the number seems high, the density is a factor in the number of service calls.
Deputy Attorney Orthmann explained that impact fees are constrained by state
statue and case law and essentially any mitigation that the city requires must be
reasonably necessary as a direct result of the proposed development.
Furthermore, the City would have to show that the required mitigation is due to
some harm or issue that's caused directly by the development. He also noted that
no other jurisdictions were found to have had a similar type of fee and it would
require significant study. Chair Celski asked staff for a broad explanation of what
resources were referred to when deciding staff recommendations. Mr. Davis
indicated staff referenced best practices, planning code, questioned surrounding
jurisdictions to see what was and was not working for them, and attempted to
incorporate Council suggestions. Chair Celski brought attention to the letter from
Merlone Geier Partners, pointing out one of the ideas in the letter was to exclude
the city center core and the city center frame from the multi - family housing
amendments to further study options in relation to TOD and wondered what the
impact would be if Council moved forward with exclusion of the CC -C and CC -F.
Mr. Davis indicated staff fully supports working with core property owners and
Sound Transit on a Transit Oriented Development code. In the meantime, staff
believes this is a reasonable interim code to work under that addresses several of
the concerns staff received. As far as the impacts with exclusion of the CC -C and
CC -F zones, it is difficult to answer as it depends on the developers but he doesn't
feel what staff is proposing will have much of an impact on overall development.
Further discussion was held regarding vacancy rates compared to neighboring
jurisdictions, process timelines, and the likelihood of additional changes to the
code. Councilmember Honda discussed the desire for school district involvement
and asked about Committee options if more time is needed to review the
information. Staff and Committee discussed the available options further and the
Committee expressed a need for an additional meeting for this topic.
Motion to hold a supplemental Land Use and Transportation Committee
meeting on Monday, April 24, 2017 at 6:30 p.m.
Moved: Koppang Seconded: Assefa- Dawson Passed: 3 -0
4. OTHER
5. FUTURE MEETINGS /AGENDA ITEMS:
A Special LUTC meeting will be on Monday, April 24, 2017 at 6:00 p.m. in the City Hall Council Chambers.
The next LUTC meeting will be Monday, May 1, 2017 at 5:00 p.m. in City Hall Council Chambers.
6. ADJOURN
The meeting adjourned at 7:00 PM.
Attest:
Sha�a� Upton
Administrative Assistant II
Approved by Committee:
Committee Members City Staff
Bob Celski, Chair Marwan Salloum, P. E, Public Works Director
LydiaAssefa- Dawson, Member Shawna Upton, Administrative Assistant 11
Mark Koppang, Member 253 -835 -2703