Planning Commission

TUMWATER PLANNING COMMISSION MINUTES OF MEETING August 8, 2023 Page 1 CONVENE: 7:00 p.m. PRESENT: Chair Elizabeth Robbins and Commissioners Grace Edwards, Terry Kirkpatrick, Meghan Sullivan, Michael Tobias, Anthony Varela, and Kelly Von Holtz. Excused: Commissioner Brian Schumacher. Staff: Water Resources and Sustainability Director Dan Smith, Planning Manager Brad Medrud, Housing and Land Use Planner Erika Smith- Erickson, and Department Assistant Brittaney McClanahan. CHANGES TO THE There were no changes to the agenda. AGENDA: APPROVAL OF MINUTES: FEBRUARY 28, 2023 MAY 23, 2023 JUNE 27, 2023 MOTION: Commissioner Kirkpatrick moved, seconded by Commissioner Tobias, to approve the minutes of February 28, 2023, May 23, 2023, and June 27, 2023, as published. A voice vote approved the motion unanimously. COMMISSIONER’S There were no reports. REPORTS: MANAGER’S REPORT: Planner Smith-Erickson reported on a survey for the Hazard Mitigation Plan. A link was forwarded previously to the Commission inviting Commissioners to vote on the initiatives the City of Tumwater is considering for the City’s Annex to the Plan. The survey is open until August 25, 2023. Public comments will be accepted until September 25, 2023. PUBLIC COMMENT: There were no public comments. FINAL DOCKET FOR Director Smith reviewed projects included in Water, Sanitary Sewer, and 2023 COMPREHENSIVE Storm Drain Elements of the Comprehensive Plan. PLAN AMENDMENTS – CAPITAL FACILITIES Commissioner Sullivan joined the meeting at 7:05 p.m. PLAN: Director Smith reported many of the utility projects are identified through various planning processes to include the Comprehensive Water System Plan, Sewer Plan, and the Stormwater Plan. The Comprehensive Water System Plan is updated every ten years with the last update completed in TUMWATER PLANNING COMMISSION MINUTES OF MEETING August 8, 2023 Page 2 2021. The last Sewer Plan was updated in 2015 followed by an update of the Stormwater Plan in 2018. The combined projects represent $123 million with most of the projects included in the Water Utility and Stormwater Utility as required under the City’s National Pollutant Discharge Elimination System (NPDES) Phase 2 permit. The Sewer Plan includes projects supporting proposed planning for growth and to meet ongoing maintenance and operations needs of the system. Within the Water Utility, projects support the system and include security improvements, water quality enhancements, source water development and mitigation (new water rights), infrastructure improvements, and programs and planning projects. Funding for the Water Utility is from customer rates, connection fees from new development, state and federal grants, bonds, loans, and other types of debt. The Water Utility has 14 projects with two new projects added. The Israel Road/Linderson Way Water Main Upsizing and Replacement project is anticipated to be completed by the end of the year. The Capitol Boulevard/Trosper Road/Sixth Avenue Water Main Replacement project includes upgrading some existing facilities and infrastructure as part of the transportation project underway at Capitol Boulevard and Trosper Road. Well 15 is a new project at Palmero Wellfield, which is the second largest water producer for the City. The facility will be upgraded at a cost of approximately $950,000 to improve the well site and upgrade to the City’s current security standards. The project includes some corrosion treatments to control pH to protect drinking water. Commissioner Tobias asked about the status of a perpetual easement on property owned by the Port of Olympia. Director Smith explained that the Port of Olympia owns a larger parcel that houses Well 15. The City obtained an easement to maintain the well. Upgrades to the well were delayed due to uncertainties associated with the Port’s plan for the property. As the second largest producing well in the City, the flexibility to replace Well 15 with another well is very limited. The City will continue to maintain the site and work with the Port to ensure the perpetual easement remains intact and provides access to enable the City to maintain the well. Commissioner Von Holtz joined the meeting at 7:16 p.m. Director Smith reported the City is also adding components of seismic resiliency into the system in some locations. The water main on Israel Road was upgraded to include some mechanical features to help mitigate impacts from a large seismic event. Significant planning is scheduled to evaluate TUMWATER PLANNING COMMISSION MINUTES OF MEETING August 8, 2023 Page 3 the entirety of the City to protect the City’s source of drinking water and areas used as gathering points and emergency centers. The plan will be developed in coordination with the Sanitary Sewer Utility to ensure both systems are protected. The plan will identify needed upgrades throughout the City to protect the City to the extent possible. The remaining 12 projects are either ongoing or nearing completion. Source development is a multi-year process. The brewery wellfield has been a pending project for some time. Staff recently restarted conversations with the City’s consultant for design and permitting of the brewery wellfield infrastructure, as well as ongoing conversations with partners, City of Olympia and the City of Lacey, about water rights to ensure the rights are utilized to the maximum extent possible. Staff identified some deficits on the long-term planning horizon for water rights and plans to ensure continued efforts to secure water rights. Water rights are difficult to attain especially since the City’s water source is from the Deschutes basin that is considered a closed basin. Staff plans to examine several opportunities in detail to create some pathways to acquire additional water rights over time. The wellfield abandonment of existing wells is another project in conjunction with the brewery well project. The wells are located on and near the golf course. Within programs and planning, several projects include the ERP project to replace the City’s planning and permitting software system. Funds have been allocated for water main replacement and extensions to accommodate growth. One project is the Southeast Reservoir and System Extension along 93rd Avenue to meet the needs of new development. The reservoir will also address some deficiencies of fire flow and water pressure. Commissioner Kirkpatrick commented that the Southeast Reservoir project is the largest financial project in the next several years. The financial data indicates no expenditures in future years. It appears the City plans to borrow $18 million. He asked whether the loan would be repaid within the six-year plan. Director Smith advised that the expenditures would be incorporated following receipt of debt service details. Debt service is generally included in the planning to demonstrate to both the City and the Department of Health that the City has the capacity to pay for the improvements over time. The Southeast Reservoir project was included in the last Water System Plan update. Some projects have increased in price because of market conditions, difficulty in hiring personnel, and equipment delivery delays. Director Smith reviewed Sanitary Sewer Utility projects. The projects are similar to the Water Utility and include infrastructure and expansion TUMWATER PLANNING COMMISSION MINUTES OF MEETING August 8, 2023 Page 4 projects and programs. Rates, connections fees, grants, and debt provide necessary funds for the utility. Several completed projects are part of the Capitol Boulevard/Trosper Road/I-5 Improvement project to replace and evaluate sustainability throughout the system by identifying appropriate locations for solar power to enable the City to reduce its carbon footprint. The new Seismic Resiliency Plan includes a sewer system component. The large discrepancy between the Sanitary Sewer and Water Fund is due to initial planning completed for the Water Utility as part of the Water System Plan Update. Most of the funding for the Sanitary Sewer Utility will address sewer elements of the plan. The plan considers growth and current capacity of the system to ensure handling of flows and conveyance of wastewater to the LOTT Wastewater Treatment Plant. Kimmie Street was identified as a deficiency in the last Sewer Plan update. The project will evaluate the entire area, and consider ways to provide resiliency, add a generator to address emergency conditions, and update the technology controlling the lift station. Two new projects include the Infrastructure Replacement Program, a methodical evaluation of annual design and construction in future years to update and replace infrastructure. The Oversizing Program addresses new development. During new development projects, the City often participates financially with a developer to install the correct sized pipe to meet City needs. The Sewer Extension Program is in conjunction with the Community Development Department and other City stakeholders to evaluate funding and construction capacity for extending sewer into neighborhoods that are predominately served by septic systems and might be at higher risk for groundwater contamination or other environmental or health impacts caused by septic systems. In 2015, the City of Tumwater participated in the Regional Septic Summit with Thurston County, City of Olympia, City of Lacey, and the LOTT Clean Water Alliance. The summit identified a number of areas throughout the City that were of higher risk than other areas. Those areas were identified as priority areas of focus to extend sewer services. The plan is based on the availability of funding for conversions. The Comprehensive Business Plan Update is in process this year and will extend over the next several years. The last update was completed in 2018. The ERP System project is also another project. Director Smith responded to several questions involving lift station projects. Lift stations are typically located at the lowest point in a basin and operate on a gravity draining basis from homes. The lift station collects all wastewater from wet wells located at the lift station, which pumps wastewater through the system. The plan also includes a placeholder for the expansion of a regional pump station. The City has reserved funds to TUMWATER PLANNING COMMISSION MINUTES OF MEETING August 8, 2023 Page 5 develop a pump station in a location that has not been forecasted specifically at this time. The plan also includes infrastructure and maintenance projects. The I-5 Sanitary Sewer Main Crossings Report will be a major undertaking because of the significant sanitary sewer line crossing Interstate 5. The project involves running cameras through the lines to assist in completion of engineering evaluations of the pipe system. Director Smith reviewed Stormwater projects, which includes some similar elements as water and sanitary sewer with fewer mechanical elements. Stormwater facilities are typically gravity operated with main pipes and collection facilities of ponds and water treatment facilities requiring maintenance and replacement over time. The Stormwater Utility includes programs to mitigate floods threatening development or roads. Water quality and habitat conservation are also a component in terms of receiving waters such as creeks, rivers, or wetlands to ensure water discharged is treated at some level. Habitat conservation limits impacts and includes actions to preserve green spaces for wildlife and habitat. Significant planning efforts concentrate on development in terms of the application of the City’s drainage manual to help align for growth. The Storm Drain Capital Facilities Plan supports permit requirements from the Environmental Protection Agency (EPA) and the Department of Ecology for the City’s NPDES permit for stormwater. Funding sources for the utility are somewhat different with no funds from connection fees. New development is responsible for stormwater conveyance and necessary stormwater facilities. New systems installed by developers eventually become part of the City’s stormwater system for future maintenance. The utility relies heavily on grants to fund projects. The City has no acquired debt, loans, or bonds but anticipates acquiring debt in the near term to pay for the new Maintenance and Operations Facility. Two completed projects in the previous CFP are the Lee Street Bioretention Retrofit project with most of the improvements a part of the Capitol Boulevard/Trosper Road/I-5 Improvement project. The second project is the Deschutes River Flood Reduction and Erosion Study. The City acquired a grant enabling an evaluation of the Tumwater Brewery valley and the Deschutes River valley to identify conditions creating flooding events at those properties and identifying appropriate mitigation measures to prevent future flooding. The outcome of the study will provide information to share with private development on anticipated costs the developer might incur and the level of risk for development occurring in those areas in the future. Director Smith reviewed new projects. The City reserved funds for habitat acquisition that was upgraded to focus on conserving lands and other TUMWATER PLANNING COMMISSION MINUTES OF MEETING August 8, 2023 Page 6 properties that might be required for mitigation. Previously, the project was focused only on mitigation for projects; however, based on City needs, the project was upgraded to include a significant amount of additional funding from $300,000 in previous CFPs to $3.3 million for potential opportunities that might exist in the near term near the brewery properties. Funds were allocated for the Kirsop area wetlands (largest wetland complex in the City) and for potential wetlands for the WIRA 13 Watershed. Another new project is the Comprehensive Stormwater Management Plan Update. The plan combines all basin plans to assist the City in focusing on the totality of the Stormwater Management Program to ensure compliance with permit requirements. The project encompasses a 10-year update as staff aligns plans with the Water and Sanitary Sewer System Plans 10-year update cycles. Another new project is the East Dennis Outfall Retrofit. The City has a number of smaller tributaries that do not provide stormwater treatment or do not currently meet standards if the area was developed. The project addresses one of the outfalls. The project is funded significantly by grants. Previous and ongoing projects are categorized as water quality, habitat, fish, flooding mitigation, infrastructure maintenance, and planning projects. A number of outfall retrofit projects are included to improve habitat and water quality. One project is the Tumwater Valley Regional Facility and the Deschutes Habitat Restoration project identified through various reports over the last 15 years. The projects include working with the golf course and other surrounding private landowners throughout the Deschutes River valley corridor for restoration improvements. The East Linwood Basin Outfall Retrofit is in alignment with the Tumwater Valley Regional Facility if the projects can be funded and completed concurrently. Both projects have experienced some design and permitting challenges. Staff is aligning the projects to complete them collaboratively. The Sapp Road Culvert Replacement project is the first major culvert replacement in the City. The culvert was identified as a fish passage barrier. The project is currently in design with construction funding received by the City. A similar project designated in future years is the 66th Avenue culvert located upstream from a major fish passage project Thurston County completed. The project will open Kirsop wetlands for fish migration. Flooding mitigation projects were identified in the 2012 annexation report after the City annexed lands on the west side of the City. The projects are conveyance and water quality treatment projects to help mitigate flooding. A stormwater pond located in the Crites and Mottman Industrial area is in need of significant upgrades as well. Commissioner Kirkpatrick commented that at the beginning of the planning period, the City has a healthy fund balance that reduces to approximately  TUMWATER PLANNING COMMISSION MINUTES OF MEETING August 8, 2023 Page 7 $1 million at the end of six years. The plan reflects a substantial amount of spending with limited funds remaining to service debt obligations in the future. He asked whether that scenario presents any problems or concerns by the City. Director Smith said the figures include debt service. He plans to recheck the figures especially for the Water Utility to ensure any debt service is captured in the figures. All utility plans include reserves as required by the state and City policies. The City has experienced increases in the cost of all projects because of market factors with some projects increasing in cost by 110%. Market conditions might change in the future and assist in balancing some of the costs. Product costs are affecting all utilities. Staff is exploring all revenue tools from rate increases, connection fee increases, and evaluating cost of service for the Water Utility to ensure rates and connection fees are covering operational costs and growth requirements. 2025 COMPREHENSIVE Manager Medrud provided some background on the current Land Use PLAN PERIODIC Element of the Comprehensive Plan to assist the Commission in UPDATE – LAND USE: understanding the general structure and general requirements for the update. The Commission is scheduled to review the Land Use Element at its first meeting in September. During the review, he encouraged Commissioners to forward questions or other issues to address during the next meeting. The Growth Management Act (GMA) Goals serve as the foundation of the Comprehensive Plan Periodic Update. Discussions will focus on ways to incorporate diversity, equity, and inclusion throughout the Comprehensive Plan beginning with the Land Use Element. The discussion will address specific issues the Land Use Element must address and a discussion on the proposed amendments and state guidance materials. The briefing includes an update on the public engagement process and website. Fifteen goals are included in the GMA. Some significant changes have been made to a number of the goals over the last several years. The update requires the City to address any potential conflicts with GMA goals and reflect how the plan addresses those goals. Several new requirements do not currently exist in the Land Use Element; however, the City is largely in compliance because of work recently completed by the City. The goals encourage growth in urban areas where existing public facilities and services are located to provide services in an efficient manner. It is important to focus any new population growth within the cities and in urban growth areas that are more efficient to serve new growth. Staff completed some check-ins to measure progress on the goals and since 1990 when the Act was implemented, very little progress occurred until many projects in the pipeline were finally constructed. The City has since experienced a change with more growth occurring in the City than in the county. However, the Sustainable Thurston Plan indicates cities are not achieving TUMWATER PLANNING COMMISSION MINUTES OF MEETING August 8, 2023 Page 8 the goals within that plan. Reducing sprawl is related to the conversion of undeveloped land into low density sprawling development, which increases costs for transportation and services. Several new requirements pertaining to transportation include multimodal transportation covering all forms of transportation. Additional requirements include using the transportation system to reduce greenhouse gas emissions and per capita vehicle miles traveled. The focus is to develop near services and employment centers to reduce travel. The update will address both greenhouse gas emissions and vehicle miles traveled. The Thurston Climate Mitigation Plan was the first step with some actions identified that could be incorporated within the Land Use Element. Another goal is to plan to accommodate housing affordable to all economic segments of the population through a variety of housing densities and types, as well as preservation of existing housing stock. Major changes in 2022 included adding, “affordable to all economic segments of the population.” Some minor changes were made to economic development recognizing that everyone in the City should have the ability to have economic opportunities. The change does not specifically address what those economic opportunities would entail. No changes to property rights have occurred since the initial adoption. The provision is important as it emphasizes both the State Constitution and Federal Constitution that private property cannot be taken for public use without just compensation. Property rights of landowners shall be protected from arbitrary and discriminatory actions, which inform the City’s development regulations. Goal 7 speaks to the timing of permit processing in a timely and fair manner to ensure predictability. A state bill passed during the legislative session supports the construction of more affordable housing in the state. As part of that process, jurisdictions are required to make some changes. For Tumwater, the changes would occur to Tumwater Municipal Code Chapter 14 on the permitting process to shorten the deadlines. Natural resource industries do not pertain to most of the City other than the City has several identified forestlands as part of the previous update. The City also has some mineral lands that fall within the category. Another GMA goal is retention of open and green space and enhancing recreational opportunities and fish and wildlife habitat. The goal was amended to add, “retain green space” as a new requirement in 2023. The GMA goal to protect and enhance environment and enhance the state’s high quality life includes air and water quality and the availability of water. TUMWATER PLANNING COMMISSION MINUTES OF MEETING August 8, 2023 Page 9 A new change in 2023 was adding “and enhance.” In the past, the City’s critical areas ordinances protected areas by identifying those areas and defining the buffer. The change now requires the City to enhance those areas. The goal for citizen participation and coordination encourages the involvement of citizens in the planning process including participation of vulnerable populations, over-burdened communities, and ensuring coordination within communities and jurisdictions to reconcile conflicts. The change in 2023 added participation of all vulnerable populations and over-burdened communities in the process. During the Commission’s discussion on the Housing Element, more information will be shared on recent staff efforts. Manager Medrud reported climate change and resiliency are two new GMA goals. The goals are extensive and cover much information. The goals range from reducing greenhouse gas emissions and per capita vehicle miles traveled to climate impact scenarios, resiliency, and environmental justice. The goals will be reviewed during a Commission worksession. The City is fortunate in gaining a head start by the adoption of the Thurston Climate Mitigation Plan and completion of the adaptation plans, and Sustainable Thurston. The last GMA goal is on shorelines of the state. The goals were amended to reflect changes in state law to tie the Shoreline Management Act to the GMA. The City has several shorelines (Deschutes River, several lakes, and Black Lake Drainage Ditch). The City is not required to update this goal until 2030. Manager Medrud reviewed several state requirements. In addition to meeting the 15 GMA Goals, the City must address seven items as part of the Land Use Element. The City is required to designate the proposed general distribution and general location of uses of land for agriculture, timber production, housing, commerce, industry, and recreation, etc. The Land Use Map will identify those uses, how they relate, and the size. The next step is allocating population in those areas for both growth and jobs. The requirement also requires the City to allocate population density and the appropriateness of development in specific areas of the City. The City must also address protection of quality and quantity of groundwater. An additional requirement as part of the recent update is special consideration in achieving environmental justice, which includes avoiding the creation or worsening of environmental health inequities. The City has pursued some work through Thurston Thrives planning efforts. The City is also tasked with addressing drainage, flooding, and stormwater run-off both within the City and how it affects other jurisdictions outside the City to avoid both flooding and polluting Puget Sound. A new requirement is TUMWATER PLANNING COMMISSION MINUTES OF MEETING August 8, 2023 Page 10 reducing and mitigating the risk of wildfires by using land use planning tools. Manager Medrud reviewed the structure of the current Land Use Element. The Land Use Element contains goals, policies, and designations for current and future land use throughout the City. 1. Introduction  Purpose and Scope, including Table of Foundational Plans and Documents  Vision and Mission Statements  Strategic Plan Goals  Growth Management Act Goals Compliance  County-Wide Planning Policy Compliance  Sustainable Thurston Goals  Purpose and Scope, including Table of Foundational Plans and Documents  Vision and Mission Statements  Strategic Plan Goals  Growth Management Act Goals Compliance  County-Wide Planning Policy Compliance Sustainable Thurston Goals 2. Designations and Definitions  Introduction, including Citywide Future Land Use Map  Use Categories  Design Review  Maximum and Minimum Densities  Clustering  Modular and Manufactured Housing  Innovative Housing and Urban Planning Approaches Promoting Physical Activity 3. Land Use Goals, Policies, and Actions  Introduction  Goals, Policies, and Actions  Implementation Policies 4. Land Supply Analysis  Introduction  Partially Used and Under Utilized Land Supply Analysis  Developable or Re-developable Land Supply Analysis  Analysis of Population Accommodation TUMWATER PLANNING COMMISSION MINUTES OF MEETING August 8, 2023 Page 11 Commissioner Kirkpatrick asked about the possibility of the City eliminating specific residential zoning districts similar to actions recently taken by the cities of Lacey and Olympia other than designating the use as residential. Manager Medrud said he suggested at the onset of the planning process to adopt a similar practice because at the state level, single family zoning no longer exists. Zoning today addresses level of intensity rather than specific types of housing. The City will likely move to the residential intensity model as part of the periodic update. Chair Robbins stressed the importance of ensuring all sections reflect what the City is trying to achieve through tailored strategies. Other parts of the Land Use Element include: ● Appendices A. Neighborhoods B. County-Wide Planning Policies C. Sustainable Thurston Goals and Actions D. Land Use and Housing Survey Results E. List of Foundational Plans and Documents F. Glossary G. Ordinance No. O2016-012 H. 2016 Tumwater Soil Report ● Land Use Maps o City-Wide Future Land Use Map o Neighborhood Maps ● Subarea Plans o Brewery District Plan o Capitol Boulevard Corridor Plan o Littlerock Road Subarea Plan Manager Medrud reported all the documents and all related Comprehensive Plan documents are published on the City’s website at https://www.ci.tumwater.wa.us/departments/communitydevelopment- department/tumwater-comprehensive-plan. Staff is meeting with communications staff to update the 2025 Comprehensive Plan webpage to serve as one location for the material and information. Three important Commerce Land Use Guidance Materials to review include:  Urban Growth Area Guidebook published in 2016  Periodic Update Checklist for Fully-Planning Cities (published in March 2023 but does not include new state laws and WACs)  Urban Growth Area Swaps Fact Sheet  TUMWATER PLANNING COMMISSION MINUTES OF MEETING August 8, 2023 Page 12 Manager Medrud updated members on the status of the process to date. Staff is working with communications staff to identify particular] actions and timing with more information to follow. Staff is also working on the gap analysis with data collection in progress. The City contracted with Thurston Regional Planning Council (TRPC) to assist in the housing allocation figures. Five meetings are planned over September and October. Staff is working on the general format of the updated plan. At the September 12, 2023 meeting, the agenda will focus on policies, goals, and actions and any questions pertaining to the process. Phase 2 of the periodic update will begin next year followed by Phase 3. Manager Medrud invited Commissioners to submit any questions or inquiries by the last week in August for the September 12, 2023 meeting. NEXT MEETING DATE: The next meeting is scheduled on August 22, 2023. The focus of the meeting will be on the Housing Element and all new requirements. OTHER BUSINESS: Manager Medrud updated members on the status of the City’s Equity Toolbox project. Interviews have been completed with the City management team. The project was reviewed with new City Administrator Lisa Parks concerning her involvement in the project and her specific views. At this time, the initial project is moving forward as envisioned. Staff is identifying and reviewing information from other jurisdictions with respect to similar programs or that have developed similar toolboxes. Examples will be provided by the cities of Kirkland and Auburn. However, staff was asked to contact other jurisdictions of similar size to obtain examples. Staff plans to present information to the management team in early September. ADJOURNMENT: Commissioner Tobias moved, seconded by Commissioner Von Holtz, to adjourn the meeting at 8:53 p.m. A voice vote approved the motion unanimously. Prepared by Valerie L. Gow, Recording Secretary/President Puget Sound Meeting Services, psmsoly@earthlink.net