Planning Commission MINS 10-16-2019Planning Commission Minutes Page 1 October 16, 2019
CITY OF FEDERAL WAY
PLANNING COMMISSION
October 16, 2019 City Hall
6:30 p.m. City Council Chambers
MEETING MINUTES
Commissioners present: Wayne Carlson, Dawn Meader McCausland, Tim O’Neil, Diana Noble-
Gulliford, and Dale Couture. Commissioners absent: Tom Medhurst, Hope Elder, Lawson Bronson, and
Eric Olsen (all ex). City Staff present: Community Development Director Brian Davis, Public Works
Director EJ Welsh, Surface Water Manager Theresa Thurlow, Deputy City Attorney Mark Orthmann, and
Administrative Assistant II Tina Piety.
CALL TO ORDER
Chair Carlson called the meeting to order at 6:30 P.M.
APPROVAL OF MINUTES
Commissioner Meader McCausland moved and Commissioner O’Neil seconded to approve the September 18,
2019, and October 2, 2019, minutes as presented. There was no further discussion and the motion carried.
AUDIENCE COMMENT
None
ADMINISTRATIVE REPORT
Attorney Orthmann announced that Director Davis will be inadvertently late.
COMMISSION BUSINESS
Chair Carlson expressed his dismay at the lateness of the distribution of the agenda packet (Commissioners
didn’t receive the ordinance until this Monday and the information was not on the city’s website until later
in the week).
PUBLIC HEARING: Code Text Amendment of Title 19, Division III, Mitigation and Fees
Manager Thurlow delivered the staff presentation. She went over what the surface water management
utility is; what is being recommended; and how it will work. The city is proposing a one-time System
Development Charge (SDC). The charge will only be for new impervious surface from new and
redevelopment that imposes a significant impact on the current system. The money will be used to fund
capital programs needed for the system to accommodate growth from new development. Manager
Thurlow provided an “apples-to-apples” jurisdictional charge comparison. She noted that without the
SDC charge, rate payers will bear the cost of impacts. She went over the questions raised by the
Commissioners at the last meeting and staff’s response to each. She went over the proposed timeline and
stated that the city would like to have the ordinance effective by 2020.
Commissioner Noble-Gulliford asked in regards to existing development, does the city assume the system
is performing as intended. Manager Thurlow commented that the function of the system is regulated
under the King County Surface Water Design Manual (KCSWDM). Commissioner Noble-Gulliford
inquired how are properties assessed that don’t have a surface water management control system in place.
Manager Thurlow replied they are considered a sheet flow site and charged appropriately. If the property
Planning Commission Minutes Page 2 October 16, 2019
is developed or redeveloped, it would be assessed an SBC if appropriate. Commissioner Noble-Gulliford
asked how vesting is handled. Manager Thurlow replied the proposed SBC will not be vested.
Commissioner Noble-Gulliford inquired if staff compared the fee that is collected for SWM with the
property taxes with other jurisdictions. Manager Thurlow replied the rates were compared to other
jurisdictions and the city’s is one of the lowest.
Commissioner O’Neil asked if there currently any charges for a developer for stormwater. Manager
Thurlow replied there are no development connection charges. Once developed and connected to the
city’s system, as all properties, they are assessed an annual fee. Commissioner O’Neil asked if a
developer could contest/appeal the amount of the SBC by stating that the soils on their site are very
pervious and most of the water on their site infiltrates into the soil and doesn’t leave the site and impact
the stormwater system. Manager Thurlow replied that an appeal process is contained in the proposal.
Chair Carlson stated in regards to the Commissioner’s questions answered by Manager Thurlow during
the presentation, question #3 (If a developer wants to put in a new development in a high risk area and
they are charged an SDC based on impervious surface, would they be good to go if it was determined the
system needed changes.) and he feels staff did not quite understand his question. His question was if a
development was being done in a difficult drainage area with conveyance system issues downstream, if
they pay the SDC, would they have to mitigate for the downstream conveyance issues. Manager Thurlow
replied that the SDC would address inadequate pipe size, but any other downstream conveyance issue
would not be addressed by the proposed SDC.
Chair Carlson feels that staff is misinterpretating WAC 197.11(19), “Procedural Actions” and does not
believe the proposal is exempt from SEPA because these are regulations, not procedures. Attorney
Orthmann responded that he will review the staff’s decision and follow-up with Chair Carlson.
Chair Carlson moved to continue the meeting to October 30th and Commissioner Noble-Gulliford
seconded. Assistant Piety noted that a time certain needs to be part of the motion. Attorney Orthmann
asked if Chair Carlson would withdraw his motion until after Director Davis conveyed some information.
Chair Carlson withdrew his motion.
Director Davis commented that time is an issue at stake (want to have the ordinance adopted for the
beginning of 2020) and that if Chair Carlson’s only reason to continue the hearing is to give time for the
public to comment, the public will have the opportunity to comment at the Land and Transportation
Committee meeting and the two City Council (first and second reading) meetings.
Chair Carlson commented that he feels there should be more time for public review, and moved to continue
the meeting to October 30th at 6:30 p.m. and Commission Noble-Gulliford seconded. Attorney Orthmann
commented that the place for the meeting also must be in the motion. Chair Carlson withdrew his motion.
Chair Carlson moved to continue the public hearing to the date of October 30, 2019, at 6:30 p.m. here at
the Council Chambers of Federal Way City Hall. Commissioner Noble-Gulliford seconded. The vote was
unanimous and the motion carried.
ADDITIONAL BUSINESS
Director Davis apologized for being late. He stated that staff will add cottage housing to the housekeeping
amendments.
ADJOURN
The meeting adjourned at 7:20 P.M.
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