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HomeMy WebLinkAboutLUTC PKT 05-21-2007City of Federal Way City Council Land Use/Transportation Committee May 21, 2007 City Hall 5:30 p.m. Council Chambers MEETING AGENDA 1. CALL TO ORDER 2. APPROVAL OF MINUTES: May 7, 2007 3. PUBLIC COMMENT (3 minutes) 4. BUSINESS ITEMS A. Pacific Highway S HOV Lanes Phase III — Qwest Agreement for Joint Construction and Statement of Work B. Pacific Highway S HOV Lanes Phase III — Lease of City Property for Construction Field Office C. Public Storage Easement Use Agreement D. Aspen Properties Street Frontage Improvement Development Agreement E. Request to Amend the Rezone Conditions for the Village at Federal -Way (Kitts Corner) F. Shoreline Master Program Update G. 2006 Comprehensive Plan Amendments — Chapter Two and Area Rezone Related to Changing Boundaries of BP/CE and BC Zones H. Zoning Text Amendments: BP/CE and BC 5. FUTURE MEETINGS/AGENDA ITEMS «`il[i141:M Committee Members Jack Dovey, Chair Linda Kochmar Dean McColgan GALUTCILUTCAgendas mid Summaries 2007105-27-07 LUTCAgendn.doc Action 5 min/Roberts Action 5 min/Roberts Action 10 min/Appleton Action 10 min/Appleton Action 10 min/Clark Action 20 min/Conlen Action 30 min/Clark Action 30 min/Michaelson City Staff Cary M. Roe, P.E., Assistant City Manager/Emergency Manager Darlene LeMaster, Administrative Assistant H 253-835-2701 City of Federal Way City Council Land Use/Transportation Committee May 7, 2007 City Hall 5:30 pm City Council Chambers MEETING MINUTES In attendance: Committee Chair Jack Dovey, Committee Member Dean McColgan and Committee Member Linda Kochmar; City Manger Neal Beets, Council Member Jeanne Burbidge, Assistant City Manager/Emergency Manager Cary Roe; Deputy Public Works Director Ken Miller; Deputy City Attorney Aaron Walls; Solid Waste and Recycling Coordinator Rob VanOrsow, Surface Water Manager Paul Bucich, Senior Planner Isaac Conlen, Deputy Community Development Services Director Kathy McClung and Administrative Assistant II Darlene LeMaster 1. CALL TO ORDER Committee Chair Dovey called the meeting to order at 5:35 p.m. 2. APPROVAL OF MINUTES The April 16, 2007 and April 30, 2007 LUTC meeting minutes were approved. Moved: Kochmar Seconded: Dovey Passed: Unanimously PUBLIC COMMENT Frank Mahoney, 32700 6"' Avenue SW, Federal Way. Mr. Mahoney's street (0h Avenue SW) was overlaid in the recent past, and the speed humps replaced; however, the speed humps are not nearly as effective at slowing traffic as the original ones. Mr. Mahoney compared the speed humps on his street to one on a side -street near Weyerhauser, of which he felt were far superior at calming traffic. [note: Mr. Mahoney did not give an exact location of the speed humps that he felt were effective.] The humps in his neighborhood are much lower and do not deter drivers from speeding down the road. Mr. Mahoney requests the humps be fixed to the same standards to those mentioned above. Mr. Roe will follow up with Mr. Mahoney and make sure the speed hump is examined, meets the proper specifications and is effective to the extent intended. Chuck Duffy, 33802 31" Avenue SW, Federal Way. Mr. Duffy talked about his frustration in getting his weekly trash, bi monthly recycling and yardwaste picked up by Waste Management throughout this past winters' storms. He felt there was poor customer service on Waste Managements's part and that it was completely unacceptable. Mr. Duffy feels the City needs to address snow plow issues for future storms so that waste haulers will be able to get around residential areas. Mr. VanOrsow will follow-up with WM on customer service issues. 4. BUSINESS ITEMS A. 2009-2010 Solid Waste and Recycling Contract Extension Rob VanOrsow provided the background information on this item. Waste Management (Susan Robinson, Dick Culbertson and Laura Moser) provided a brief presentation on their new management team, recycling programs, potential uses of their own recycled products, disaster planning (WM left a binder of their disaster plan) and WM's customer service goals. Committee Member McColgan inquired if there is a formal method for getting feedback from WM's customers. Mr. VanOrsow responded that call centers receive calls re. customer service issues. A monthly report is generated and reviewed by the customer support team. Committee Chair Dovey commented that WM offers extremely competitive rates; a good reason for extending the term of the contract. Committee Member McColgan asked about missed pick ups. Mr. Culbertson clarified that missed pick ups with be picked up by noon the next day. If the missed pick up is weather related, service will resume on the next normally scheduled service day. Council Member Burbidge suggested a local number be avail during emergencies. That is currently in place. Mr. VanOrsow addressed Mr. Duffy's issues and concluded that there needs to exist a balance in meeting the public's needs while maintaining a safe environment for employees and residents. After the motion and vote, Committee Chair Dovey asked if in the future, staff could look at whether or not we could have add-on costs for additional trips built into the contract. Moved: Kochmar Seconded: McColgan Passed: Unanimously Committee PASSED Option 1 on to the May 15, 2007 City Council Consent Agenda for approval. &\LUCC\LUTC Agendas and Summaries 2007,05-07-07 LUTC Minutes.doc Land Use/Transportation Committee March 12, 2007 B. 26"' Avenue SW Drainage Trunk Replacement Project- Bid Award Paul Bucich provided the background information on this item. Mr. Bucich provided the background information on this item. Committee Member McColgan's asked Mr. Bucich if he were comfortable with transferring funds within his budget. Mr. Bucich answered that he is very comfortable with the budget fund transfer in the amount of $50,156. Moved: McColgan Seconded: Kochmar Passed: Unanimously Committee PASSED Option 2 on to the May 15, 2007 City Council Consent Agenda for approval. C. PAA Annexation Election Date Resolution Isaac Conlen provided the background information on this item. Assistant City Manager Wang gave a PowerPoint presentation, illustrating the costs to the City that would be "transition fees, should the city vote to approve the proposed annexation. Committee Member McColgan questioned the $2 Million in transition costs. Assistant City Manager Wang explained that staff has just recently begun looking at the transition costs. At this point it is difficult to pinpoint exact costs. The approximate $2 Million transition costs will not be recoverable. Committee Member McColgan comments as to how we prioritize all of the City's needs. Council Chair Dovey asks if we really want to annex, as he is surprised at the transition figure also. Had lie known of the transition costs when the thought of annexing first came up, he may have voted differently. Committee Member Kochmar asked if the City would still be able to retain its level of service should we annex. Committee Member McColgan comments that all Council Members present seem to have some degree of opposition to this agenda item. Council forwarded the item without recommendation to the May 15, 2007 City Council Business Agenda for approval. D. PAA Public Outreach Plan This item was changed from an Action items to an Information item. Isaac Conlen provided the background information on this item. 5. FUTURE MEETING The next regular meeting is June 4, 2007. 6. ADJOURN The meeting adjourned at 6:51 p.m. G\LUTC\LUTC Agendas and Sumnuiries 1007\05-07-07 LUTC Minutes.doc COUNCIL MEETING DATE: June 5, 2007 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Pacific Highway South HOV Lanes Phase III Project (Dash Pt Rd to S 284h Street) - Qwest Agreement for Joint Construction and Statement of Work POLICY QUESTION: Should the Council authorize the City Manager to execute the Agreement for Joint Construction and Statement of Work? COMMITTEE: Land Use and Transportation Committee MEETING DATE: May 21, 2007 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Brian H. Roberts, P.E., Street Systems Project Engineer DEPT: Public Works Attachments: 1. LUTC memo dated May 21, 2007 2. Agreement for Joint Construction and Statement of Work Options Considered: 1. Authorize the City Manager to execute the Agreement for Joint Construction and the Statement of Work, for which the City will bill Qwest approximately $44,210.50, according to the terms of the contract. 2. Do not authorize the City Manager to execute the Agreement for Joint Construction and the Statement of Work, for which the City will bill Qwest approximately $44,210.50, according to the terms of the contract, and provide direction to staff. STAFF RECOMMENDATION: Staff recommends forwarding Option 1 to the June 5, 2007 City Council Consent Agenda for approval. CITY MANAGER APPROVAL: DIRECTOR APPROVAL: 1/W4 C&nikftee Council Committee Council COMMITTEE RECOMMENDATION: Forward the above staff recommendation to the June 5, 2007 City Council Consent Agenda for approval. Jack Dovey, Chair Linda Kochmar, Member Dean McColgan, Member PROPOSED COUNCIL MOTION: "I move to authorize the City Manager to execute the Agreement for Joint Construction and the Statement of Work with the Qwest Corporation, for which the City will bill Qwest approximately $44,210.50." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: May 21, 2007 TO: Land Use and Transportation Committee VIA: Neal Beets, City Manager FROM: Marwan Salloum, P.E., Stree ystems Manager Brian Roberts, P.E., Street Systems Project Engineer SUBJECT- Pacific Highway South HOV Lanes Phase III Project (Dash Pt Rd to S 284"' Street) Qwest Agreement for Joint Construction and Statement of Work BACKGROUND: The Pacific Highway South HOV Lanes Phase III - Dash Point Road to South 284th Street widening improvement project includes adding HOV lanes northbound and southbound, adding curb gutter and sidewalk, adding lighting, landscaping, planted medians, restricting left turn movements to intersections, and consolidating driveways where possible. One additional major purpose of the project is to relocate the aerial utilities underground, typically into a joint utility trench. In August 2006, the Washington State Supreme Court issued a ruling in Qwest Corporation vs. City of Kent. In its ruling the courts found that "RCW 35.99.060(3)(b) requires a city to reimburse a [telecommunications company] service provider for an aerial to underground relocation of its facilities when the service provider owns a portion of the aerial supporting structures... The amount the city is required to reimburse the service provider is the difference between an estimated aerial to aerial relocation and the actual aerial to underground relocation of the same facilities." Qwest has aerial cable supported on Qwest -owned poles for the full length of the Pacific Highway South HOV Lanes Phase III project. For this project, the City and Qwest have agreed that the City will provide Qwest all excavation, backfill, compaction and restoration at no cost in lieu of payment for the incremental cost difference between aerial to aerial relocation and aerial to buried relocation pursuant to RCW 35.99.060: In turn,. Qwest will repay the City at unit rates now established in Schedule -E of the Pacific Highway South HOV Lanes Phase III bid schedule for all conduit and vaults installed by the City's contractor. The total estimated cost which the City will bill to Qwest in Schedule E is $44,210.50, per the Agreement for Joint Construction and Statement of Work (attached). cc: Project File Day File Agreement No. (variable:Agreement Id).(variable:Version) AGREEMENT FOR JOINT CONSTRUCTION THIS AGREEMENT (the "Agreement ) is entered into as of 2007 between (variable:lnternal Party Name(s)) a Colorado corporation ("Qwest'), and The City of Federal Way, a Washington State municipal corporation. JOINT CONSTRUCTION TERMS AND CONDITIONS 1. DEFINITIONS: 1.1 "Schedule" means a written instrument made part of the Agreement describing Work, including price, specifications, warranty terms and related shipping and delivery instructions, and sometimes referred to as a "Statement of Work". Schedules may be added, deleted or modified as agreed in writing and executed by the parties. 1.2"Project Developer' means City of Federal Way. 2. TERM: The Agreement will commence as of the Effective Date and will continue through {variable:Expiration Date (Agreement)) ("Term"). If the term of any Schedule or Order extends beyond the Term, the Agreement shall remain in full force and effect but only as to such Schedule or Order, and only through the end of the term of the applicable Schedule or Order. 3. THE PROJECT: 3.1 Project Developer intends to perform a construction project, or multiple construction projects, that may be described on one or more Schedules to this Agreement (each referred to as a "Probe cY ). 3.2 In connection with the Project, it is necessary or desirable that Qwest install telecommunications facilities in the area in which the Project will be performed (the "Site") or that Qwest's existing telecommunications facilitates at the Site be moved. The new or moved telecommunications facilities and all associated equipment shall be referred to in this Agreement and any Schedules, as (the "Facilities"). 3.3 Qwest has requested that as part of an individual Project, Project Developer, acting through its contractor (the "Contractor"), perform certain work in connection with the Facilities on the Site for Qwest, which work is more specifically described in an Exhibit to the Schedule (the "Work"). 4. INVOICES AND PAYMENTS: 4.1 Invoices. Within 30 days of providing Work to Qwest, Project Developer will issue an invoice by the method agreed upon by the parties. Unless otherwise required by law, Qwest will not pay for Work invoiced more than 90 calendar days after completion of the Work. Each invoice will contain an itemized description of the Work and all applicable charges and taxes (if Project Developer is a private entity, exclusive of taxes based on Project Developer's income). Qwest will be liable only for undisputed and correct taxes itemized on the invoice for Work to which the taxes relate. Project Developer, and its Contractor, is responsible for charging the correct taxes on the applicable invoice other than where Qwest has provided Project Developer a properly completed tax exemption certificate or other evidence of exemption. Project Developer, or its Contractor, as applicable, must be registered by the taxing jurisdictions to collect sales and/or use taxes within the states to which Work are provided. 4.2 Payment Due Date; Acceptance of Payment. Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. Rev.11106 1 Agreement No. (variable:Agreement Id).(variable:Version) Qwest will pay undisputed invoices in U.S. dollars within {variable: Period - Payment Terms) { variable: Period Type - Payment Terms) of receipt of a proper invoice. Payment will not constitute acceptance of the applicable Work. If Project Developer accepts payment from Qwest for Work, Project Developer waives any claims that Project Developer may have against Qwest for the Work. 5. ACCEPTANCE: Acceptance of the Work will be defined on the applicable Schedule. 6. WARRANTY: For a period of one (1) year (or longer, if so provided by law, and to the extent provided by law) after final payment by Qwest for the Work, The Project Developer shall repair any defective work ormaterial at no cost to Qwest, consistent with the provisions of sections 1-05.10 through 1-05.12 of the Washington State Standard Specifications for Road Bridge and Municipal Construction, 2006. This time period relates only to the specific obligation of Project Developer to correct the Work, and has no relationship to the time within which Qwest may seek to enforce Project Developer's obligations under the Agreement or within which Project Developer must comply with the Agreement. Upon notice from Qwest, Project Developer will immediately, at no cost to Qwest, correct and remedy any defects in the Work whether observed before or after payment for the Work and whether or not the Work is already installed or completed. If Project Developer fails to promptly correct defective Work, Qwest may correct the Work itself or hire another contractor to do so and Project Developer shall pay for all reasonable and verifiable costs of correction promptly upon demand by Qwest. 7. LIENS: Project Developer warrants that no mechanics' liens or other claims or demands, including but not limited to personal injury, death, property damage, non-payment or other liability claims, will be filed or maintained by it, the Contractor, subcontractors or any other third party against any Qwest equipment, real estate or other property on account of the Work. Qwest reserves the right, at any time during the progress of the Work, to require Project Developer, the Contractor and any subcontractor to fumish evidence in form and substance acceptable to Qwest that all claims, liens and causes of action, if any, for the payment of wages or salaries or the payment of charges for labor, materials, tools, machinery, or supplies have been satisfied, released or settled. 8. INDEPENDENT CONTRACTORS: 8.1 Independent Contractor. Project Developer certifies that it is engaged in an independent business and will perform its obligations arising in connection with the Agreement as an independent contractor and not as the agent or employee of Qwest. This Agreement does not create a partnership, joint venture or similar relationship between the parties and neither party will have the power to obligate the other in any manner whatsoever. 8.2 Agents and Employees. Any persons who perform services for Qwest will be solely the employees or agents of Project Developer under its sole and exclusive direction and control. Project Developer is solely responsible for: (a) the hours of work, methods of performance and compensation of its employees and agents; (b) compliance with all federal, state and local rules and regulations including those governing worker's compensation, unemployment, disability insurance and social security withholding for its employees and agents; and (c) all federal and state income taxes for its income derived in connection with the Agreement. 8.3 Safety and Health. The safety and health of Project Developer's employees and agents while working on the Project will be Project Developer's sole responsibility. Project Developer and its employees and agents will comply with all applicable rules and regulations, as well as all local, state and federal environmental, health and safety requirements, including those relating to the use and handling of hazardous materials. Project Developer will immediately report to Qwest any accidents, injuries or property damage arising from the performance in connection with the Agreement. Project Developer will provide Qwest with copies of any safety, health or accident reports that Project Developer files with any third party with respect to Project Developer's performance in connection with the Agreement. Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. Rev. 11106 2 Agreement No. {vadable:Agreement Id).{variable:Version) 9. INDEMNIFICATION: 9.1 In addition to Project Developer's obligation to obtain and keep, and ensure that the Contractor obtains and keeps, insurance. as set forth in this Agreement, and to the fullest extent permitted by law, Project Developer agrees to indemnify, defend and hold harmless Qwest, its affiliates and each of their officers, directors, employees and agents from and against all suits, losses, costs (including without limitation reasonable court costs and attorneys' fees), lawsuits, judgments, orders, awards, fines, penalties, expenses, liabilities, actions, damages or claims of any character ("Liabilities") arising from or in connection with (a) any personal injuries or property damage received or sustained by any person or property arising in whole or in part in connection with the Work; (b) any act or omission, neglect, negligence, gross negligence or willful misconduct of Project Developer, the Contractor or any subcontractors in connection with the Work or the Agreement; or (c) any breach by Project Developer of the Agreement. 9.2 Qwest will indemnify, defend and hold harmless Project Developer, its employees and agents from and against all Liabilities arising from or in connection with (a) any act or omission, neglect, negligence, gross negligence or willful misconduct of Qwest in connection with the Agreement or (b) any breach by Qwest of the Agreement. 9.3 Prior to the commencement of the Work, Project Developer will require the Contractor to agree in writing to indemnify, defend and hold harmless Qwest, its affiliates and each of their officers, directors, employees and agents from and against all Liabilities arising from or in connection with (a) any personal injuries or property damage received or sustained by any person or property arising in whole or in part in connection with the Work; and (b) any act or omission, neglect, negligence, gross negligence or willful misconduct of the Contractor or any subcontractors in connection with the Work. 9.4 No party shall be required to indemnify, defend, or save harmless the other party if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the party seeking indemnification. 10. LIMITATION OF LIABILITY: Except for each partys indemnification obligations and each party's breach of any requirements regarding Confidentiall Information, neither party is liable to the other for consequential, incidental, indirect, punitive or special damages, including commercial loss and lost profits, however caused and regardless of legal theory or foreseeability, directly or indirectly arising in connection with the Agreement, even if such party has been apprised of the possibility of such damages. 11. INSURANCE: 11.1 General Insurance Requirements. Project Developer will, and will require that the Contractor, at all times during the term of this Agreement, at its own cost and expense, carry and maintain the insurance coverage listed below with insurers licensed in the areas where the Work will be performed having at minimum a "Best's" rating of A -VII. Contractor will not commence any Work until it has fulfilled all insurance requirements in this section. Contractor will require its subcontractors to maintain proper insurance applicable to the type and scope of Work to be performed under this Agreement. It is expressly understood that Contractor is ultimately responsible for its subcontractors including without limitation ensuring that the appropriate insurance is maintained by its subcontractors. 11.2 Workers' Compensation Insurance. Project Developer will carry Workers' Compensation and/or, when applicable, Long Shoremen's and Harbor Workers Compensation insurance in amounts sufficient pursuant to the laws of the State of Washington. Project Developer's Contractor(s) will carry Workers' Compensation and/or, when applicable, Long Shoremen's and Harbor Workers Compensation insurance with (i) statutory limits of coverage for all employees as required by statues; and (ii) Stop Gap or Employer's Liability insurance with a limit of One Million Dollars ($1,000,000) for each accident. Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. Rev. 11/06 3 Agreement No. (vadabie:Agreement Idl.(variable:Version) 11.3 Commercial General Liability Insurance. Commercial General Liability insurance providing coverage for bodily injury, death, personal injury and property damage occurring or arising out of the performance of this Agreement, including coverage for products/completed operations, premises operations, independent contractor's protective coverage (required if Contractor subcontracts any of the Work), and contractual liability with respect to liability assumed by Project Developer. This insurance will also include: (i) explosion hazard coverage (commonly referred to as "X" coverage) if the Work involves blasting, (ii) collapse hazard coverage (commonly referred to as "C" coverage) if the Work may cause structural damage due to excavation, burrowing, tunneling, caisson work or under -pinning, and (iii) underground hazard coverage if the Work may cause damage to underground facilities (commonly referred to as "U" coverage). The limits of liability for this coverage will be not less than the limits as set forth below. [NOTE: THESE LIMITS MUST BE COMPLETED PER RISK MANAGEMENT INSTRUCTIONS: AGREEMENT MAY NOT BE EXECUTED WITHOUT APPROVED LIMITS INCLUDED.) Each Occurrence $5,000,000.00 General Aggregate Limit $5,000,000.00 Products -Completed Operations Limit $5,000,000.00 Personal and Advertising Injury Limit $1,000,000.00 These limits of liability can be obtained through any combination of primary and excess or umbrella liability insurance. 11.4 Commercial Automobile Liability Insurance. Commercial Automobile Liability insurance covering owned, non -owned and hired vehicles used in connection with the performance of the Work. The limits of liability for this coverage shall be not less than One Million Dollars ($1,000,000.00) per occurrence combined single limit for bodily injury or property damage. 11.5 Certificates of Insurance. Project Developer shall require its Contractor to forward to Qwest certificates of such insurance upon execution of this Agreement and upon any renewal of such insurance during the term of this Agreement for both Project Developer and the Contractor. The insuring carrier(s) may use the ACORD or equivalent certificate of insurance form acceptable to Qwest. The insurance certificates shall provide that: (i) Qwest is named as an additional insured on the Commercial General Liability and Commercial Automobile Liability policies; (ii) thirty (30) calendar days prior written notice of cancellation of, or material change or exclusions in, the policy to which the certificates relate shall be given to Qwest; (iii) underground hazard coverage (commonly referred to as "U" coverage) is part of the coverage and (iv) the words "pertains to all operations and projects performed on behalf of the certificate holder" are included in the description portion of the certificate. Project Developer shall not commence any Work until the obligations of Project Developer with respect to insurance have been fulfilled. The fulfillment of such obligations shall not relieve Project Developer of any liability hereunder or in any way modify Project Developer's obligations to indemnify Qwest. 12. TERMINATION; CANCELLATION: 12.1 Notice. Either party may terminate this Agreement (including its Schedules), in whole or in part, for its convenience with 30 days prior written notice. Project Developer will be entitled to payment for Work accepted and received by Qwest as of the date of termination. Qwest will have no other liability arising out of termination of this Agreement or a Schedule. Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. Rev. 11106 4 Agreement No. (variable:Agreement Id).(variable:Version) 12.2 Material Breach. Either party may terminate this Agreement (including its Schedules), in whole or in part, by written notice to the other if the other party breaches this Agreement and fails to cure such breach to the non -breaching party's satisfaction within 30 days of written notice specifying the breach. 12.3 Pre -Termination Obligations. Expiration or termination of this Agreement (including its Schedules) will not relieve either party from its obligations arising hereunder prior to such expiration or termination. 13. DISPUTE RESOLUTION: 13.1 Negotiation Between the Parties. The parties will attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between individuals who are at a higher level than the persons with direct responsibility for administration of this Agreement. Any party may give the other party written notice of any dispute not resolved in the normal course of business. Within 15 days after delivery of the notice, the receiving party will submit to the other a written response. The notice and the response will include (a) a statement of each party's position and a summary of arguments supporting that position and (b) the name and title of the executive who will represent that party and of any other person who will accompany the that individual. Within 30 days after delivery of the disputing party's notice, the representatives of both parties will confer at a mutually acceptable time, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party to the other will be honored. All negotiations and documents exchanged pursuant to this clause are confidential and will be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 13.2 Forum. Any legal proceeding arising out of, or relating to this Agreement, will be brought in a United States District Court, or absent federal court jurisdiction, in a state court of competent jurisdiction, in the Denver, Colorado metropolitan area. 13.3 Waiver of Jury Trial and Class Action. Each party, to the extent permitted by law, knowingly, voluntarily, and intentionally waives its right to a trial by jury and any right to pursue any claim or action arising out of or relating to this Agreement on a class or consolidated basis or in a representative capacity. 14. MISCELLANEOUS: 14.1 Compliance with Laws and Policies. Project Developer will obtain, at its expense, all permits and licenses, bonds, and other necessary legal authority, pay all fees, and comply with all federal, international (if applicable), state and local laws, ordinances, rules, regulations and orders applicable to Project Developer or Project Developer's performance hereunder including, the Communications Act and orders of the Federal Communications Commission. Project Developer, or its Contractor, will give all required notices to governmental authorities, and will coordinate all necessary governmental inspections to avoid delays in the provision of the Work. Project Developer will also, at its expense, comply with Project Developer's code of conduct, policies and procedures applicable to Project Developer's performance hereunder, and with the provisions of the Qwest business practices for suppliers. Should any provisions of the Qwest business practices for suppliers conflict with Project Developer's code of conduct, policies and procedures, the more demanding provisions shall apply unless otherwise agreed in writing by the parties. The Qwest business practices for suppliers may be found at http://www.qwest.com/about/company/ethics/files/SuppliersBrochure-.pdf 14.2 Remedies; Future Projects. No remedy specked in this Agreement will limit Qwest's other rights and remedies arising in connection with the Agreement, at law or in equity. Qwest's participation in the Project pursuant to this Agreement shall not be construed as an agreement to participate in any future projects. 14.3 Governing Law. • Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. Rev. 11106 5 Agreement No. (vadable:Agreement Id).(variable:Version) This Agreement will be governed by the laws of the State of Washington without reference to its choice of law rules. 14.4 Records and Audits. Project Developer will maintain complete and accurate records with respect to the Work, including all charges associated with this Agreement and the portion of the Work performed by Subcontractors, in accordance with generally accepted accounting principles, for 72 months from the date of its termination or expiration. Qwest, or its designee, may inspect, audit and make copies of such records, for Qwest's retention, on reasonable notice. 14.5 Assignment and Delegation. The rights and obligations of each party will be binding upon and inure to the benefit of its successors and permitted assigns. Project Developer may not assign this Agreement (including its Schedules), in whole or in part, without the prior written consent of Qwest. Any attempted assignment by Project Developer without Qwesfs prior written consent shall be null and void. 14.6 Notices. Notices required under this Agreement will be sent to the addresses of the parties stated below their signatures. Notice will be deemed given: (a) on the 1 st day after deposit with an overnight courier, charges prepaid; (b) as of the day of receipt, if sent via first class U.S. Mail, charges prepaid, return receipt requested; and (c) as of the day of receipt, if hand delivered. 14.7 Advertising; Publicity. Neither party will use the other partys names, marks, codes, drawings or specifications in any advertising, press release, promotional effort or publicity of any kind without the other's prior written permission. 14.8 Waiver. Any waiver by either party of any rights hereunder or of a breach of any provision of this Agreement will not constitute a waiver of any other breach of that or any other provision of this Agreement. Any waiver must be in writing. 14.9 Modifications or Amendments; Interpretation. Any modifications or amendments to this Agreement must be in writing and signed by both parties. The term "including" in this Agreement means by way of example, not limitation. Headings and subheadings used in this Agreement are for convenience only, and have no substantive meaning. 14.10 Severability. The determination that any provision of this Agreement is invalid or unenforceable will not invalidate this Agreement, and this Agreement will be construed and performed in all respects as if such invalid or unenforceable provision was omitted insofar as the primary purpose of this Agreement is not frustrated. 14.11 Force Majeure. Neither party will be liable to the other party for any delay or interruption of performance resulting from causes beyond its reasonable control. Upon any force majeure, either party may elect to terminate this Agreement or any Schedule or Order or to suspend the Work upon written notice. 14.12 Entire Agreement. This Agreement and all Schedules, exhibits, amendments, documentation, and specifications referenced in those documents, contain the entire understanding between the parties with respect to the subject matter and supersede all prior oral and written understandings, arrangements and agreements between the parties relating thereto. 14.13 Survival. The following provisions of this Agreement regarding "Representations and Warranties"; "Confidential Information"; "Indemnification"; "Work Product"; "Limitation of Liability"; "Dispute Resolution"; and "Choice of Law" and all others that by their sense and context are intended to survive the expiration of the Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. Rev. 11/06 6 Agreement No. (variable:Agreement Id).{variable:Version} Agreement will survive. 14.14 Execution. The Agreement may be executed by facsimile copy and/or in any number of counterparts, all of which together will constitute one agreement. Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. Rev. 11/06 7 Agreement No. {variable:Agreement Id}.{variable:Version} Signature Block The parties, intending to be legally bound, have caused this Agreement to be executed as of the Effective Date. {variable: Internal Party Name(s)) City of Federal Way (Authorized Signature) (Authorized Signature) Neal Beets (Print or Type Name of Signatory) (Print or Type Name of Signatory) City Manager (Title) (Title) (Execution Date) (Execution Date) Address for Purposes of Notices: Address for Purposes of Notices: With copies to: Qwest Services Corporation Law Department - Procurement General Counsel Agreement # {variable:Agreement Id).{vadable:Version) 1801 California St. Denver, CO 80202 Brian Roberts City of Federal Way PO Box 9718 Federal Way, WA 98063-9718 Qwest Confidential and Proprietary Disclose and distribute solely to those individuals individuals who have a need to know. Rev. 11/06 Agreement No. (vadable:Master Agreement Id - Master Agreement Reference) Statement of Work No. (vadable:Agreement Id) STATEMENT OF WORK NO. 1 to AGREEMENT FOR JOINT CONSTRUCTION This Statement of Work is attached to and made a part of the most current amended version of the Agreement. In the event that any term of this Statement of Work conflicts with anything contained in the Agreement, except for terms identified in the Agreement as Non-Waivable Terms, this Statement of Work will control for purposes of this Statement of Work only. Unless otherwise defined herein, all capitalized terms in this Statement of Work will have the meanings set forth in the Agreement. 1. Term. This Statement of Work will commence as of {variable: Effective Date (Agreement)} (Effective Date) and will continue through {variable: Expiration Date (Agreement)} (Expiration Date): 2. The Work: 2.1 The Project is described on Exhibit A "The Project" to this Statement of Work, and the "Work Schedule" for the Project is described on Exhibit B "Work Schedule". 2.2 Project Developer shall, at no cost or expense to Qwest, prepare and provide to Qwest engineering drawings, specifications and construction standards for the Project (the "Project Developer's Specifications"). Project Developer shall choose and pay all costs associated with the Contractor and shall provide to Qwest at least ten (10) calendar days' prior written notice prior to the beginning of the Project and of the Work. In addition, Project Developer shall provide all necessary excavation, bedding, backfill, off -Site disposal, and Site restoration for the placement of the Facilities, along with the coordination of other utilities participating in the Project. Project Developer shall provide all flagging and traffic control, including uniformed officers when required, for any necessary excavation or work performed by Project Developer. Project Developer will notify Qwest of any changes in the Work that will result in additional costs to Qwest, and will obtain Qwest's prior written approval of such changes before commencement of any changes to the Work. 2.3 Within the number of days set forth in the Work Schedule after Qwest's receipt of Project Developer's Specification, Qwest shall, at no cost or expense to Project Developer, prepare and provide to Project Developer engineering drawings, specifications, construction standards and quantities pursuant to which the Work must be performed by Project Developer ("Qwest's Specifications"). Qwesfs Specifications shall show in detail the quantity and size of all facilities and equipment to be used by Qwest that Project Developer will install pursuant to this Statement of Work. Qwest shall notify Project Developer in writing of any changes it wishes to make in Qwest's Specifications, and such changes shall be made, if feasible. Qwest shall pay for all costs attributable to the changes. 2.4 If the Work includes installation of new vaults and/or conduit, Qwest will install all wires, conductors and any other equipment needed to complete the Qwest portion of the Project as provided in Exhibit A in accordance with the Work Schedule set forth in Exhibit B. The vaults and conduit shall be owned solely by [QWEST CONTRACT MANAGER MUST COMPLETE THESE REQUIREMENTS] , and shall be responsible for all maintenance in connection with the vaults and conduits except for defects covered under section 6 of the Agreement. If required, Qwest will perform cut -over and transfer of existing Qwest customers to the new or relocated Facilities and/or remove any replaced aerial Qwest Facilities or underground Qwest Facilities that are in conduit or manhole structures only in accordance with the Work Schedule set forth in Exhibit B. Qwest shall in no event be required to perform a cut -over or transfer or to remove any affected Facilities prior to completion of any replacement Facilities in accordance with this Statement of Work and Qwest's approval of the replacement Facilities. The Facilities and all associated equipment shall be owned solely by Qwest, and Qwest shall be responsible for all maintenance in connection with the Facilities. To the extent that it has the right to do so, upon approval of the Work by Qwest, Project Developer shall grant, provide and/or assign to Qwest any permits, licenses or approvals required to access, occupy, use or operate the Facilities or any materials or facilities used in connection with the Facilities. rev. 11-06 Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. -1- Reference) Agreement No. (variable: Master Agreement Id - Master Agreement Statement of Work No. (variable:Agreement Id) 2.5 If the Work involves excavating, Project Developer will ensure that the Contractor contacts the Utility Notification Center (One -Call), and that the Contractor obtains appropriate information on the location of all buried cable and utilities prior to performing any Work. Project Developer shall ensure that its Contractor shall be responsible for any failure of the Contractor to locate, expose and protect from damage all existing underground facilities, including but not limited to electrical, telephone, water, gas and sewer. In addition to its indemnification obligations contained in the Agreement, if any existing underground or other facilities are damaged directly or indirectly in connection with the Work, Project Developer will, at its expense, promptly repair or replace all damaged or destroyed facilities. Project Developer will ensure that immediate temporary repairs are made and will immediately report the damage to the property owner and to Qwest and will ensure that no permanent repairs are made unless the consent of the property owner has first been obtained. Repairs will be made within forty-eight (48) hours after receiving permission from the property owner, unless otherwise agreed to by Qwest. At Qwest's sole option, Qwest may elect, rather than having Project Developer make any repair to Qwest facilities described in this subsection, to have the repair made by Qwest's employees or contractors. If Qwest or its contractor performs the repair, Qwest will invoice Project Developer for Qwest's reasonable and documented costs, including without limitation labor costs, and Project Developer will pay Qwest for such costs for repair of damage to Qwest's existing facilities within forty-five (45) calendar days after receipt of an invoice. 2.6 Qwest will be responsible for providing all traffic control associated with the installation and/or removal of Facilities for which Qwest is responsible pursuant to this Statement of Work, including the pulling of cables and associated equipment. 2.7 Project Developer will be responsible for providing all traffic control associated with the installation, relocation, and/or removal of Facilities for which Project Developer is responsible pursuant to this Statement of Work. 2.8 Project Developer shall obtain any and all licenses, permits and approvals required for the Work as defined in Exhibits A and B. 2.9 Project Developer agrees that the Work will be performed in accordance with all applicable federal, state and local laws, rules and regulations and the requirements of whoever owns or has jurisdiction over the rights of way in which the Work is to be performed. 2.10 Qwest shall have the right at all times to observe and inspect the performance of the Work. 2.11 If the Work requires the use or installation of any materials, the item checked below shall apply: _ Except as specifically set forth in Exhibit B, Qwest shall arrange for the purchase and delivery of materials to the Project site in accordance with the Work Schedule. _ Except as specifically set forth in Exhibit B, Project Developer shall provide all materials required in connection with the Project. All materials will be new and of the specific type designated by Qwest. _ As set forth in Exhibit B, Project Developer and Qwest shall each provide some materials for the Project. All materials provided by Project Developer will be new and of the specific type designated by Qwest 2.12 Ownership of any materials or equipment supplied by Contractor will transfer to Qwest upon receipt by Contractor of final payment for the Work by Qwest. 2.13 Qwest and Project Developer shall maintain continued coordination regarding the Project, and Project Developer shall ensure that the Contractor also participates in the coordination. This coordination shall include but not be limited to a pre -construction meeting. Project Developer shall be responsible for the scheduling of these meetings. 2.14 Project Developer will be responsible to Qwest for acts and omissions of Project Developer's and the Contractor's employees and subcontractors and each of their agents and employees, and any other persons performing portions of the Work. 3. Changes: If conditions or circumstances require a change in the Project or the Work, each party shall agree in rev. 11-06 Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. .2- Agreement No. (variable: Master Agreement Id - Master Agreement Reference) Statement of Work No. (vadable:Agreement Id) writing to any changes, including without limitation payment responsibilities, prior to commencement of the Work or the changes. Neither party shall be responsible for any changes to the Work (including without limitation payment responsibilities) made without its prior written consent 4. Payment for the Work/Fees. In consideration for performance of the Work and for the other promises and covenants contained in this Agreement, Qwest agrees to pay to Project Developer the amount set forth on an exhibit to the Schedule (the "Payment') in accordance with the Exhibit C "Work Price Schedule" to the Schedule (the "Payment Schedule"); provided, that Qwest shall not make any final payment to Project Developer until Qwest has approved the Work. 5. Project Managers. Qwest: Project Developer: Brian Roberts City of Federal Way PO Box 9718 Federal Way, WA 98063- 9718 rev. 11-06 Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. 3- Agreement No. (vadable:Master Agreement Id - Master Agreement Reference) Statement of Work No. (variable:Agreement Id) The parties, intending to be legally bound, have caused this Statement of Work to be executed on the dates set forth below. {variable: Internal Party Name(s)) Project Developer (Authorized Signature) (Authorized Signature) Neal Beets (Print or Type Name of Signatory) (Print or Type Name of Signatory) City Manager (Title) (Title) (Execution Date) (Execution Date) rev. 11-06 Approved as to Form Patricia A. Richardson City Attomey Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. -4- Agreement No. {vadable:Master Agreement Id - Master Agreement Reference} Statement of Work No. {variable:Agreement Id} EXHIBIT A THE PROJECT The City of Federal Way proposes to provide a joint utility corridor for the installation of underground facilities required to facilitate relocation of existing aerial facilities for the Pacific Highway So. HOV Lanes Phase III project. The joint utility corridor will be located along Pacific Highway So. from approximately So. 2881' St. south to STA 951+00 noted on the City's design plans, which is the approximate south property line of 29431 Pacific Highway So. rev. 11-06 Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. -5- Reference) Agreement No. {variable:Master Agreement Id - Master Agreement Statement of Work No. (variable:Agreement Id) EXHIBIT B THE WORK AND THE WORK SCHEDULE The City's contractor will excavate trench and install approximately 9370 lineal feet of Qwest provided conduit in various duct configurations in the joint utility corridor. The City's contractor will excavate for and install 2 - 4484TCA type concrete vaults, and 10 - 264TA type concrete hand holes. All facility installation will be in accordance with the Qwest design 62W4465 which is incorporated into the City's RFB No. 06-112, FA No. STPUL- 0099 (083), Qwest project number 183537 dated December 2006. The City's contractor will be responsible for all excavation including haul off and disposal of spoil, shoring, backfill including imported backfill material, compaction, restoration, including hard surface removal and replacement and labor to install Qwest's facilities. All conduit placed by the City's contractor must be proofed by passing a 3.75 inch outside diameter cleaning mandrel through each 4 inch conduit and placement of a Qwest provided polyethylene measuring tape in each conduit. Conduit that cannot be proofed by means of passing a 3.75 inch cleaning mandrel through the conduit will not be accepted by Qwest until such time as any necessary repairs are made and successful conduit proofing is completed. Vaults installed by the City's contractor must be set to final grade and all vault sections, riser rings and vault entrance covers must be sealed using Conseal mastic provided by Qwest with the vault. After installation of all conduit, vaults and pedestals, proofing of conduit, and acceptance of installations by the Qwest field representative, Qwest will provide and place all cable in newly placed conduit and perform cable splicing. Qwest will install service conduit on private property and will pull all service wire and cable to the customer premise and perform service cutover to the new system. Qwest will require 90 working days to pull cables, splice and cutover customer service from the completion of installation, proofing and acceptance of all conduit, vaults, pedestals and service conduits. Qwest will require an additional 15 working days to remove all existing aerial facilities and poles within the project limits. rev. 11-06 Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. -6- Agreement No. (vadable:Master Agreement Id - Master Agreement Reference) Statement of Work No. (variable:Agreement Id) EXHIBIT C WORK PRICE SCHEDULE All excavation, backfill, compaction and restoration will be provided to Qwest at no cost in lieu of payment by the City to Qwest for the incremental cost difference between aerial to aerial conversion and aerial to buried conversion pursuant to RCW 35.99.060. Qwest will pay the City a unit rate as noted in schedule E of the City's bid opening results for RFB#06-112 of four dollars and thirty five cents ($4.35) per lineal foot for installation of conduit and conduit considered betterment in City provided joint utility trench. Qwest will pay the City a unit cost rate as noted in schedule E of the Citys bid opening results for RFB#06-112 of four hundred twenty five dollars and no cents ($425.00) per vault for the installation of 4484TCA type vaults. Qwest will pay the City a unit cost rate as noted in schedule E of the City's bid opening results for RFB#06-112 of two hundred sixty and no cents ($260.00) per hand hole for installation of 264TA type hand holes. All unit cost bid item costs include sales tax. Total estimated cost for facility installation is $44,210.50. Actual final cost will be calculated based on actual lineal footage of conduit and actual number of vaults and hand holes installed by the City's contractor. Total actual cost is not to exceed $60,000.00 without prior written approval from Qwest pursuant to section 4 of this statement of work. Qwest will pay the City within 45 days of receipt of a correct invoice. rev. 11-06 Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. -7- COUNCIL MEETING DATE: June 5, 2007 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Pacific Highway South HOV Lanes Phase III Project (Dash Pt Rd to S 284" Street) — Lease of City Property for Construction Field office POLICY QUESTION: Should the Council authorize the City Manager to execute the Month -to -Month Lease Agreement for $750 per month, upon receipt of first and last months rent, plus $750 security deposit? COMMITTEE: Land Use and Transportation Committee MEETING DATE: May 21, 2007 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Brian H. Roberts, P.E_, Street Systems Project Engineer DEPT: Public Works Attachments: 1. LUTC memo dated May 21, 2007 2. Month -to -Month Lease Agreement for $750 per month, upon receipt of first and last months rent, plus $750 security deposit Options Considered: 1. Authorize the City Manager to execute the Month -to -Month Lease Agreement for $750 per month, upon receipt of first and last months rent, plus $750 security deposit. 2. Do not authorize the City Manager to execute the Month -to -Month Lease Agreement for $750 per month, upon receipt of first and last months rent, plus $750 security deposit, and provide direction to staff. STAFF RECOMMENDATION: Staff recommends forwarding Option 1 to the June 5, 2007 City Council Consent Agenda for approval. CITY MANAGER APPROVAL: DIRECTOR APPROVAL:/9- e Council Committee Council COMMITTEE RECOMMENDATION: Forward the above staff recommendation to the June 5, 2007 City Council Consent Agenda for approval. Jack Dovey, Chair Linda Kochmar, Member Dean McColgan, Member PROPOSED COUNCIL MOTION: "I move to authorize the City Manager to execute the Month -to -Month Lease Agreement for $750 per month, upon receipt of first and last months rent, plus $750 security deposit." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: May 21, 2007 TO: Land Use and Transportation Committee VIA: Neal Beets, City Manager 1. Marwan Salloum, P.E., Street Systems Manager Brian Roberts, P.E., Street Systems Project Engineer FROM: SUBJECT: Pacific Highway South HOV Lanes Phase III Project (Dash Pt Rd to S 284`h Street) Lease of City Property for Construction Field Office BACKGROUND: The Pacific Highway South HOV Lanes Phase III - Dash Point Road to South 284`h Street widening improvement project includes adding HOV lanes northbound and southbound, adding curb gutter and sidewalk, adding lighting, landscaping, planted medians, restricting left turn movements to intersections, and consolidating driveways where possible. The anticipated duration of construction is 340 working days. The project was awarded by Council on April 2, 2007. The notice to proceed was issued on May 1, 2007. For projects of this duration and complexity, a field office is required to support the contractor's project management and supervisory staff. The City also requires the contractor to provide a field office for the City's construction management consultant team. This is typically achieved by installing mobile field offices into a vacant lot of sufficient size to accommodate the job trailers, construction management staff vehicles, and often to store construction equipment and some materials. The City acquired right of way to construct the project. One property, 28850 Pacific Highway South, was purchased whole, due to the long term economic damage that would otherwise occur to the remainder. This property contains an older two-story house attached to a commercial building used as a beauty salon. The property is zoned BC. The Contractor has asked to enter a month-to-month lease agreement (attached) with the City for the vacant house, which is suitable for housing both the contractor's staff and, the City's construction management consultant. The City will be surplusing the home after the project construction is completed. cc: Project File Day File MONTH-TO-MONTH LEASE AGREEMENT This Month -to -Month Lease Agreement ("Agreement") is dated effective this day of 2007. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation, as lessor ("City"), and SCI Infrastucture, LLC, a Washington limited liability company, as lessee ("SCP') The Parties hereby covenant and agree as follows: 1. PROPERTY. 1.1 Real Property Address. SCI Agreements from the City an office space ("Property") at, 28850 Pacific Highway, South, Federal Way, WA 98003. 1.2 Portions of Premises Not Included. The following portions of the premises are not included as part of this Agreement: The portions of the premises that comprise a hair salon. 2. TERM. The term of this Agreement shall for a Month -to -Month tenancy, automatically renewed each month unless either party notifies the other, in writing, no less than thirty days prior to the expiration of the next full month period (the "Term"). 3. RENT. 3.1 Amount. SCI shall pay to the City, without prior notice or demand, a fixed monthly rental of Seven Hundred and Fifty Dollars ($750.00) during the Term ('Rent"), payable in advance on or before the date on which the Term commences and on or before the first day of each and every calendar month thereafter during the Term. The rent for any partial monthly period shall be pro- rated. 3.2 Payment. Rent shall be payable to the City at the following address: City of Federal Way Finance Department P.O. Box 9718 Federal Way, WA 98063-9718 3.3 Late Charge. If any rent is not paid on or before the due date therof, SCI agrees to pay a penalty of Twenty Five and No/100 Dollars ($25.00) for each day that the same is delinquent, including the day of payment, up to a maximum of 10% of one month's rent, Seventy Five and No/100 Dollars ($75.00). 3.4 Returned Checks. If any rent check is returned to the City by the bank for any reason, the City may, at its option, require that all future rent payments be made by money order or certified check. SCI agrees to pay a penalty of Fifty and No/ 100 Dollars ($50.00) for each returned item given by SCI to the City. The City shall have no obligation to re -deposit any item returned by the bank. The City shall notify SCI of late rent and returned check charges and the same must be paid within five (5) days. 4. FUNDS RECEIVED. 4.1 Rents and Deposits. The City acknowledges receipt of rents and deposits in the amount of Two Thousand Two Hundred Fifty and No/100 Dollars ($2,250.00) comprising the following rental and deposit amounts which SCI agreed shall apply to this Agreement: TYPE AMOUNT DATE RECEIVED First Month's Rent $750.00 Last Month's Prepaid Rent $750.00 Security/DamaQe Deposit $750.00 Total $2,250.00 4.2 Application of Prepaid Rents and Deposits. The City may apply the prepaid rent described above towards any default in the payment of rent, late or NSF charges. The security/damage deposit may be applied to the following: unpaid rent and utilities; maintenance for which renter is responsible under this Agreement but not completed by SCI; repair for any physical damage to the premises or to property beyond normal wear and tear caused by SCI, its employees, agents, invitees, licensees or any person acting under SCI's control. If any portion of the Security Deposit is so used or applied, SCI shall, within five (5) days after written demand therefor, deposit cash with the City in an amount sufficient to restore the Security Deposit to its original amount. SCI's failure to do so shall be a material breach of this Agreement. The City shall not be required to keep the Security Deposit separate from its general funds, and SCI shall not be entitled to interest on the Security Deposit. If SCI shall fully and faithfully perform every provision of this Agreement to be performed by it, the Security Deposit or any balance thereof shall be returned to SCI (or, at the City's option, to the last assignee of SCI's interest hereunder) at the expiration of the Term. In the event of termination of the City's interest in this Agreement, the City shall transfer the Security Deposit to the City's successor in interest and thereafter have no liability with respect to it. 4.3 Condition of Property at Expiration of Term. SCI shall restore the premises, including, where appropriate, all landscaped areas, to their original condition at the beginning of the Agreement, except for normal wear and tear. SCI shall not make or suffer to be made any alterations, additions or improvements to or of the Property without prior written consent of the City, which shall not withhold consent unreasonably. 4.4 Statement Upon Withholding of Refund. Within fourteen (14) days after SCI vacates or the City learns that SCI has abandoned the premises, the City shall either return SCI's Security Deposit or else give SCI a full and specific written statement of the basis for retaining any portion of the deposits, together with payment of any refund due. No deductions shall be made for normal wear and tear to the premises resulting from ordinary use. 5. UTILITIES SCI shall pay all utilities, including but not limited to the following: Electricity, Gas, Water/Sewer/Garbage, Cable, and Phone. 6. USE. SCI shall use the Property for the purpose of construction headquarters and related usages. SCI shall not use or permit the Property to be used for any other purpose without the City's prior written consent. SCI shall not use or allow the Property to be used for any improper, immoral, unlawful or objectionable purpose, nor shall SCI cause, maintain or permit any nuisance in, on or about the Property. SCI shall not commit or suffer to be committed any waste in or upon the Property. SCI will not permit any objectionable noise or odor to be emitted or escape from the Property, and will not sell or permit to be sold any spiritous, vinous, or malt liquors on the Property except such as SCI may be licensed by law to sell. SCI shall take all reasonable steps to prevent improper or objectionable conduct by its customers. 7. COMPLIANCE WITH LAW. SCI shall not use the Property or permit anything to be done in or about the Property which will in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force or which may hereafter be enacted or promulgated. SCI shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereafter be in force, and with the requirements of any board of fire insurance underwriters or other similar bodies now or hereafter constituted, relating to, or affecting the condition, use or occupancy of the Property. 8. REPAIRS. 8.1 The City's Duties. The City warrants that the Property is clean and fit for habitation and that the City will comply with all state and local laws regarding maintenance and repair of the Property. The City shall repair and maintain the foundation, weight bearing walls and roof of the Property and exterior gutters and downspouts, unless such maintenance and repairs are caused in part or in whole by the failure of SCI to carry out its duties as described in Section 8.2 or other act, neglect, fault or omission of any duty by the SCI, its agents, servants, employees or invitees, in which case SCI shall pay to the City the reasonable cost of such maintenance and repairs. The City shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time. after written notice of the need of such repairs or maintenance is given to the City by SCI. There shall be no liability of the City by reason of any injury to or interference with SCI's business arising from the making of any repairs, alterations or improvements in or to any portion of the Property or to fixtures, appurtenances and equipment therein. 8.2. The City's Insurance. As owner of the Property, the City shall maintain general liability insurance. The City assumes no responsibility for loss of personal property of SCI resulting from fire, theft, exposure to elements, water damage or other cause whatsoever, nor to carry insurance to cover SCI's personal property. SCI is urged to obtain appropriate insurance to cover its personal property. 8.3 SCI's Duties. By taking possession of the Property, SCI will be deemed to have accepted the Property as being in good order, condition and repair. SCI shall, at SCI's sole cost and expense, keep the Property in good condition and repair, ordinary wear and tear excepted. SCI shall upon the expiration of this Agreement hereof surrender the Property to the City in good and working condition. SCI shall be liable for any damage to the Property caused by SCI's agents, invitees, licensees, or any person acting under SCI's control acts or neglect other than normal wear and tear. 9. ENTRY BY THE CITY. The City shall give SCI at least forty-eight (48) hours advance notice before entering the Property during non -business hours for the purpose of inspecting the premises, making repairs or improvements, or supplying necessary or agreed services, and twenty-four (24) hours advance notice for the purpose of showing the premises to prospective or actual purchasers, mortgagees, tenants, workers or contractors. The City need give no advance notice to SCI before entering the premises in case of an emergency or during normal business hours. SCI shall not unreasonably withhold consent to the City's entry. Except in the case of any emergency, the City shall enter only at reasonable times, during normal business hours. For the purpose of this provision, normal business hours shall be weekdays between the hours of 8:00 am and 4:00 pm. 10. SUBLETTING OR ASSIGNMENT. SCI shall not assign this Agreement or sublet the Property without prior written consent of the City. The City shall not unreasonably withhold consent. 11. DESTRUCTION OF PROPERTY. If the Property is substantially destroyed or otherwise rendered uninhabitable by a third party's action or by an act of God, either party may terminate this Agreement immediately, in which case rent shall be prorated as provided in Section 3. 1, and deposits shall be returned as provided in Section 4.2. 12. SERVICE OF NOTICES. 12.1 Notice to the City. All notices required by the Agreement and applicable state or local law to be served by SCI upon the City with regard to this Agreement shall be mailed to the following address: The City of Federal Way P.O. Box 9718 Federal Way, WA 98063-9718 Attn: Brian Roberts, Public Works 12.2 Notice to SCI. Notice to SCI shall be served on SCI as required by applicable statute or ordinance. Any notice for which no statute or ordinance specifies a particular method of service may be given either by delivering personally to agent of SCI, depositing in the mail directed at SCI at the above -referenced Property address, or by posting in a prominent place at the above -referenced Property address. 13. VACATING THE PREMISES. Upon terminating this Agreement, SCI shall vacate the premises, return all keys to the City, remove all personal property and belongings of SCI, and leave the premises in the same condition as SCI found them except for normal wear and tear. 14. CHANGES TO THIS AGREEMENT No provision of this Agreement, including this provision, may be amended or modified except by written agreement signed by the Parties. 15. DISPUTE ARISING FROM THIS AGREEMENT. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. 16. SIGNATURE Each individual executing this Agreement on behalf of the City and SCI represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the SCI or the City. DATED the day and year set forth above. ATTEST: City Clerk, Laura Hathaway, CMC APPROVED AS TO FORM: City Attorney, Patricia A Richardson CITY OF FEDERAL WAY Bv: Cary M. Roe, P. E. Assistant City Manager/Emergency Manager 333258 Ih Ave S PO BOX 9718 Federal Way, WA 98063-9718 (Contractor's Printed Name)i.e. Company Name By: (Signature) (Printed Name) Its: (Title) (Address) (Phone) STATE OF WASHINGTON ) ss. COUNTY OF ) On this day personally appeared before me , to me known to be the of executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of , 200_. (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires KASTREETS\PROJECTS\SR99 Phase IMConstruction\SCRLEASE 28850 Pacific Highway South.doc SUBJECT: Public Storage Easement UseAgreement POLICY QUESTION: Should the Council authorize the City Manager to execute the Easement Use Agreement between the City of Federal Way and SSC Property Holdings, L.L. C. ? COMMITTEE: Land Use and Transportation Committee MEETING DATE: May 21, 2007 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: William Appleton, P_E., Development Services Manager DEPT: Public Works Attachments: 1. Land Use and Transportation Committee Memorandum dated May 21, 2007. 2. Easement Use Agreement between the City of Federal Way and SSC Property Holdings, L.L.C. Options Considered: 1. Authorize the City Manager to execute the Easement Use Agreement between the City of Federal Way and SSC Property Holdings, L.L.C. 2. Do not execute the Agreement and provide direction to staff. STAFF RECOMMENDATION: Staff recommends forwarding Option 1 to the June 5, 2007 City Council Consent Agenda for approval. CITY MANAGER APPROVAL: DIRECTOR APPROVAL: ee Council Committee Council COMMITTEE RECOMMENDATION: Forward the above staff recommendation to the June 5, 2007 City Council Consent Agenda for approval. Jack Dovey, Chair Linda Kochmar, Member Dean McColgan, Member PROPOSED COUNCIL MOTION: "I move to authorize the City Manager to execute the Easement Use Agreement between the City of Federal Way and SSC Property Holdings, L.L.C. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: . May 21, 2007 TO: Land Use and Transportation Committee VIA: Neal Beets, City Manage FROM: William Appleton P.E., De opment Services Manager SUBJECT: Public Storage Easement Use Agreement BACKGROUND This memorandum outlines the City's options regarding the placement of structural footings within a city owned utility easement adjacent to Pacific Highway S (See Exhibit C of the Agreement). The City purchased a three -foot -wide utility easement on the backside of right of way on the subject property located at 32615 Pacific Ave South. The easement was overlooked by both the land surveyor and the design engineer for the project and consequently was not shown on the plans. The error was not caught by City staff until the front entryway/canopy of the building was complete and the associated footing installed in the easement. DISCUSSION Currently, there are no utilities within the easement, nor are there any immediate plans on the part of the City to install utilities within the easement. While the presence of the footings in the easement will complicate the installation of utilities in the future, it is not likely that it would preclude them from being installed. If the City requires that the footings be removed from the easement, the owner would have to demolish a portion of the constructed building entryway/canopy and redesign the entryway. In order to avoid this, an easement use agreement has been drafted that would allow the footings of the structure to remain in the easement and in exchange the owner of the property would be responsible for all additional costs associated with installing utilities in the future. The advantages of having an easement use agreement in place in lieu of requiring that the improvements be removed from the easement are as follows: • The agreement entitles the property owner to maintain the improvements within the easement and protects the City by requiring reimbursement from the property owner for any additional costs incurred upon the utilization of the easement. • Minimizes impacts to the operation of a business and eliminates the additional cost of relocating the canopy and footings. The disadvantage of an easement use agreement is that additional coordination with the property owners at the time that utilities are installed will be required. OPTIONS 1. Authorize the City Manager to execute the Easement Use Agreement between the City of Federal Way and SSC Property Holdings. 2. Do not execute the Easement Use Agreement and provide direction to staff. EASEMENT USE AGREEMENT THIS AGREEMENT is entered into this day of May, 2007, by and between the City of Federal Way, Washington, a Municipal Corporation (hereinafter "City") and SSC Property Holdings, LLC, a Delaware limited liability company (hereinafter "SSC"), collectively referred to herein as the "Parties." SSC is the owner of certain real property located in the City of Federal Way, Washington, as legally described on Exhibit A (the "Land"). SSC's predecessor in interest, SSC Property Holdings, Inc., previously granted to the City an easement for utility purposes, recorded on April 8, 2004, King County Filing Number 20040408000550 (the "Easement"), affecting that portion of the Land described on Exhibit B (the `Basement Area"). SSC desires to use that portion of the Easement Area described on Exhibit C for the continued placement and situating of building columns and canopy overhangs (the "Improvements"). In consideration of their mutual covenants, the Parties agree as follows: 1. Term. This Agreement shall become effective upon execution by both Parties and shall continue in force as long as SSC maintains the Improvements in the Easement Area. Abandonment or relocation of the Improvements or termination under other provision of this Agreement shall immediately terminate this Agreement. 2. Permitted Use of Easement Area. 2.1 SSC shall be entitled to use that portion of the Easement Area necessary for the installation, repair, maintenance, and replacement of the Improvements. SSC shall not construct any further Improvements in the Easement Area without written agreement by the City. In the event that the City incurs any costs in connection with its use of the Easement Area as contemplated by the Easement, which costs are incurred as a direct result of the existence of the Improvements in the Easement Area (and which would not have been incurred but for the existence of the Improvements in the Easement Area), SSC agrees to reimburse the City for such costs. In the event City desires to use the Easement Area, City shall in good faith use its best efforts to do so in such a way as to minimize the necessity of incurring costs and expenses for which SSC would be responsible under this Section 2.1. 2.2 SSC shall remove the Improvements from the Easement Area upon termination of the Agreement, at SSC's sole cost and expense. 2.3 The City reserves the right to use and access the Easement Area for the purposes set forth in the Easement. 3. Improvements. SSC may update or replace the Improvements from time to time, provided that any change in the location or configuration of the Improvements in the Easement Area is approved in writing by the City, such approval not to be unreasonably withheld. Page I 4. Maintenance. SSC shall have sole responsibility for the maintenance, repair, and security of its Improvements, and shall keep the same in good repair and condition during the Agreement term. 5. Termination. Except as otherwise provided herein, this Agreement may be terminated, without penalty to the City or further liability of the City, as follows: 5.1 Upon thirty (30) days written notice by either party if the other party fails to cure a default or breach of this Agreement within thirty (30) days of receipt of written notice of such breach, or such longer period as may be required to diligently complete a cure commenced within the thirty (30) day period; 5.2 Upon ninety (90) days written notice by SSC; 5.3 Upon thirty (30) days written notice by the City if SSC abandons, vacates or ceases using the Improvements; or 5.4 Automatically and without necessity of further action by the Parties, upon termination of the Easement. 6. Indemnity. 6.1 Disclaimer of Liability. The City shall not, at any time,.be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of SSC's construction, installation, maintenance, repair, use, operation, condition or dismantling of the Improvements, and SSC expressly assumes all such risk. 6.2 Indemnification and Hold Harmless. SSC shall, at its sole cost and expense, indemnify and hold harmless the City and its officers, boards, commissions, employees, agents, attorneys, and contractors from and against any and all liability, damages, and claims, (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be asserted by reason of any act or omission of SSC, its employees, agents, or contractors and which is in any way connected with the construction, installation, operation, maintenance, repair, use, condition or dismantling of the Improvements, except for claims arising from the negligence or willful misconduct of the City or its officers, boards, commissions, employees, agents, attorneys or contractors. In the event any such action or proceeding shall be brought against the City, SSC shall, at SSC's sole cost and expense, resist and defend the same provided, however, that SSC shall not admit liability in any such matter on behalf of the City without the written consent of the City. Nothing herein shall be deemed to prevent the City from cooperating with SSC and participating in the defense of any litigation with City's own counsel. SSC shall pay all reasonable expenses incurred by City in response to any such actions, suits or proceedings. These expenses shall include all reasonable out-of-pocket expenses such as attorney fees and shall also include the reasonable value of any services rendered by the City's attorney, and the actual expenses of City's agents, employees, consultants and expert witnesses, and disbursements and liabilities assumed by City in Page 2 connection with such suits, actions or proceedings. 6.3 Survivability: The provisions of this paragraph shall survive the expiration of termination of this Agreement with respect to any event occurring prior to such expiration or termination. 7. General Provisions. 7.1 Entire Agreement. This Agreement, together with the Easement, constitutes the entire agreement and understanding of the parties and supersedes all offers, negotiations, and other agreements of any kind. Except as previously set forth, there are no representations or understandings of any kind not set forth herein. 7.2 Modification. No provision of this Agreement, including this provision, may be amended or modified except by written agreement signed by the Parties. 7.3 Full Force and Effect. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. In the event that a court of competent jurisdiction determines void or invalid any term of any other Agreement, where such term is substantially equivalent to a term of this Agreement, the Citymay, at its sole option and within 30 days of notice thereof by SSC: (i) determine that such judicial determination shall not affect the terms of this Agreement, which shall continue in full force and effect; or (ii) determine that a term of this Agreement is invalid, but severable, and that such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. 7.4 Attorney Fees. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. 7.5 No Waiver. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 7.6 Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 7.7 Authority. Each individual executing this Agreement on behalf of the City and SSC represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of such Party. 7.8 Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any Page 3 notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 7.9 Cations. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. 7.10 Equal Opportunity to Draft. The parties have participated and had an equal opportunity to participate in the drafting of this Agreement, and the Exhibits, if any, attached. No ambiguity shall be construed against any party upon a claim that that party drafted the ambiguous language. 8. Successors and Assigns. The rights and obligations described herein shall run with the Land and the Easement, shall inure to the benefit of the City and the SSC, and shall be binding upon their respective successors, heirs and assigns. Whenever a transfer occurs in the ownership of the Land or Easement, or any part thereof, the transferor shall have no further liability for breach of covenant occurring thereafter. Parties agree to look solely to the interest of the owner of the Land or of the Easement for the recovery of any judgment. This Agreement is executed as of the date first set forth above. ATTEST: City Clerk, Laura Hathaway APPROVED AS TO FORM: SSC PROPERTY HOLDINGS, LLC Its: CITY OF FEDERAL WAY Page 4 Cary M. Roe, P.E., Assistant City Manager 33325 8' Ave S PO Box 9718 Federal Way, Washington 98063-9718 Patricia A. Richardson, City Attorney Page 5 EXHIBIT A LEGAL DESCRIPTION OF THE LAND Lot 2, King County Short Plat Number 974009, as recorded under King County Recording Number 7411220280, being a portion of the Southeast Quarter of the Northeast Quarter in Section 17, Township 21 North, Range 4 East, W.M., in King County, Washington. Page 6 EXHIBIT B LEGAL DESCRIPTION OF THE EASEMENT AREA The West 3 feet of the East 12 Feet of Lot 2, King County Short Plat Number 974009, as recorded under King County Recording Number 7411220280, being a portion of the Southeast Quarter of the Northeast Quarter in Section 17, Township 21 North, Range 4 East, W.M., in King County, Washington. Page 7 EXHIBIT C SITE PLAN [Including Location of Improvements] Page 8 0 6 8 n 27, F F 0 0 z z C) c') 0 0 < 0 rn c:r- ;u r > z 0 PACIFIC HWY S CENTERLI.NE Page 9 03 rn 0 _0 C > m �o r -(A z 0 0 rl -D K rrl rTl rn z z m rri PUBLIC STORAGE, INC, BUILDING I Ulm III rr— — — — — — — CANOPY III Iff - - ----------- -U 0 to OLn -t -0 'n (D ;o > ip .rn M. co m 00 0 m o o' �o r-ri 0 m 00. rn moo--40 -,-i < mo�m ---i o. 0 r - 13 c R: ;o :r C 0 Wo m 27, F F 0 0 z z C) c') 0 0 < 0 rn c:r- ;u r > z 0 PACIFIC HWY S CENTERLI.NE Page 9 03 rn 0 _0 C > m �o r -(A z 0 0 rl -D K rrl rTl rn z z m rri COUNCIL MEETING DATE: June 5, 2007 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 10'h Avenue SW; Street Frontage Improvement Development Agreement POLICY QUESTION: Should the Council authorize the City Manager to execute the Development Agreement for the construction of street and frontage improvements along the future 10 Avenue SW? COMMITTEE: Land Use and Transportation Committee MEETING DATE: May 21, 2007 CATEGORY: M Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: William Apple'p Appleton, P.E. Development Services Manager DE . . Attachments: 1. Land Use and Transportation Committee Memorandum dated May 21, 2007. 2. Attachment 1 — Proposed Street Construction Plans 3. Voluntary Development Agreement for Development of Street and Frontage Improvements along 10"' Avenue SW Options Considered: 1. Authorize the City Manager to execute the Development Agreement between the City of Federal Way and Aspen Properties for the construction of street and frontage improvements along the future 10"' Avenue SW in the amount of $109,722.00 plus a 10% contingency of $10,970.00 for a total of $120,692.00. 2. Do not execute the Development Agreement and provide direction to staff. STAFF RECOMMENDATION: Staff recommends forwarding Option 1 to the June 5, 2007 City Council Consent Agenda for approval. CITY MANAGER APPROVAL: DIRECTOR APPROVAL: Committ Council Committee Council rnn!� COMMITTEE RECOMMENDATION: Forward the above staff recommendation to the June 5, 2007 City Council Consent Agenda for approval. Jack Dovey, Chair Linda Kochmar, Member Dean McColgan, Member PROPOSED COUNCIL MOTION: "I move to authorize the City Manager to execute the Development Agreement for the construction of street and frontage improvements along the future 10`h Avenue SW between the City of Federal Way and Aspen Properties in the amount of $109,722.00 plus a 10% contingency of $10,970.00 for a total amount of $120,692.00. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: May 21, 2007 TO: Land Use Transportation Committee VIA: Neal Beets, City Manager FROM: William Appleton P.E., Dev opment Services Manager SUBJECT: 10`" Avenue SW; Street Frontage Improvement Development Agreement BACKGROUND This memorandum outlines the City's options regarding the Saghalie Park street frontage that will be created as a result of the extension to 10`h Avenue SW, which is currently being constructed as part of the Wynstone Preliminary Plat. DISCUSSION As part of the construction of the recently approved Wynstone Preliminary Plat, located on the southwest side of Campus Drive at 10`h Avenue SW, 10"' Avenue SW will be extended south through the development and connected to 12`" Avenue SW. With the extension of 10h Avenue SW, Saghalie Park will have approximately 610 -feet of frontage along the newly constructed half street. The developer of the Wynstone Preliminary Plat is not responsible for the construction of the City's portion of frontage improvements along the Saghalie Park property which include asphalt widening, curb and gutter, sidewalk, planter strip, irrigation and street trees. As approved, construction of the plat would result in a 610 -foot gap in frontage improvements beginning at the northwest corner of the intersection of 10`h Avenue SW and SW Campus Drive and extending south along the newly constructed roadway (See Attachment 1). The roadway width in this location will be adequate to accommodate two-way traffic and frontage improvements will be installed only on the southeast side of the roadway adjacent to the proposed plat. If the City of Federal Way were to enter into the subject development agreement in the amount of $109,722.00 (attached) and have the improvements completed concurrent with the construction of 10`h Avenue SW, future residents, the developer and the City of Federal Way would benefit. Benefits to the City include: • Surveying and design work is complete and current; • Construction will be simplified; • Construction will not impact the traveling public; • Able to benefit from the economies of scale of a larger project; • Aesthetics within the plat and the City are improved; • Residents will not be impacted by the future construction of the improvements. Given that construction of the frontage and street improvements along the Saghalie Park frontage concurrent with the construction of 101h Avenue SW would simplify design, minimize construction impacts to citizens, minimize costs and improve aesthetics within the city, staff recommends executing the developers agreement allowing for the construction of these improvements. Construction funding will come from mitigation funds collected for the 10"' Avenue SW/ SW 340 Street project. Currently, $213,526.00 in mitigation has been collected towards the Transportation Improvement Project. Land Use Transportation Committee Re: Saghalie Park Frontage Improvements along 10`h Avenue SW Page 2 OPTIONS 1. Authorize the City Manager to execute the Development Agreement between the City of Federal Way and Aspen Properties for the construction of street and frontage improvements along the future 10`h Avenue SW in the amount of $109,722.00 plus a 10% contingency of $10,970.00 for a total of $120,692.00. 2. Do not execute the Development Agreement and provide direction to staff. Attachment 1 Exhibit A l ` L/7,Y,• 13110 SF PUBLIC TY 4062 SF - PUBLIC HOMEOWERS ASSOC. MUMMERS ASSOC. SAGRAUE / "e 80 SF PUBLIC TV 4 CT.• 2140 SF — PUBUC ND: 16444 SF— HOMEOWNERS ASSOC. OMEOWNERS.ASSOC M, 5 RAINAGE 01 A10 5170 SF 4h 5423 SFRIES \ �' — ~ 9 �%' ♦ `�`� fco 445 Ir so R. 12 1 ! f �.; 5005 SF 11 �' 15 o u°'i : ►1 _y CQl 13 6248 SF 1 j '+t- - --- ----1 n j 0<F II fi Oji 5 1 _ ' I 72647 SF I f-'"—_ 1 530 1 rt 1 0 SF I t 15 1 ,�- L _ .�_ of I I 7237 SF 1 S •c r - — — — — -'�'. 43348 SI �) r — — - — — — - — _.. , 5300 SF I chi a d tLn 1 I 8915 SF . I iUA1RE IdA ll-FAiiILY ' +o 4.11 t_ — — — — — f54'- — — — J :. j $ 1 I !AT OEVELOPf1ENL �a o r _ — - - .- — — — - — -1 28' a , 5300 SF I ► 17 �! 6290 SF 1 —r �L _—_-rya—_----� $ r5� _�� 5300 SF 1 7.350 SF io 4 1 Exhibit A E, . ,.�SI,',�,� tSU�istti'T `C;1't,l'�'ii ': 1PVr y k tNEW ohiWi t ti t( s co 5. DEF,' I'. \• Aib T R8 x ! i ;AP STRIP' ArtlSli F x e. Xv 296 i VlSh, ' fjp � L • t . CA IE ` 292 4 (1`2- N4wm ' �i/ � •, L c S •> A 2 Mg. 18 7,42 is 1ti 140 fi � ,, ey� �� '� �� •,� � +.! Wy tip. j STA 24 MA Y L?' -.. , r (: 3177. 1304.0&(12" N. E) 15' t78U 4 DFtA[NA6EA EN?' 3 Exhibit A n W ON A ND A V Tl com l Il 73a8 El R,u A NDS \PIE TRI & ,SPH Exhibit A R C,L 6.0 ON A ND A V Tl com l Il 73a8 El R,u A NDS \PIE TRI & ,SPH Exhibit A R CITY OF Federal Way VOLUNTARY DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND ASPEN PROPERTIES FOR DEVELOPMENT OF STREET AND FRONTAGE IMPROVEMENTS ALONG 10TH AVENUE SW DRAFT April 16, 2007 The City of Federal Way ("City") and Aspen Properties, LLC ("ASPEN"), a Washington limited liability company (collectively,"the Parties") enter into the following development agreement ("Agreement") regarding street and frontage improvements along a portion of the proposed extension of 10`h Avenue SW being constructed as part of the Wynstone Plat Project ("Project"). WHEREAS, ASPEN is developing a parcel of property within the City of Federal Way located south of Campus Drive between I Oh Avenue SW and 7h Way SW ("Property"), which includes the construction of a 45 lot residential plat along with an internal road system, street frontage improvements on Campus Drive SW, construction of 10`''/12th Avenue SW through the site, traffic signal modifications at the intersection of 10th Avenue SW and Campus Drive, utility construction, storm drainage control improvements, and other related infrastructure improvements "Project"; and WHEREAS, a portion of the City of Federal Way's Saghalie Park fronts the proposed extension of 10`h Avenue SW ("City Frontage"); and WHEREAS, the Parties desire to minimize the impacts to the traveling public and future homeowners within the plat by constructing street and frontage improvements along City Frontage ("Full Street Improvements") at the same time the balance of 10"' Ave SW is constructed rather than separately in the future; and WHEREAS, constructing the Full Street Improvements in conjunction with the construction of the "Project" will simplify design and construction in addition to minimize cost; NOW THEREFORE, in consideration of the mutual promises and obligations set forth herein, it is hereby covenanted and agreed by and between the Parties hereto as follows: 1. Location and Project Description. The Full Street Improvements consists of street and frontage improvements along City Frontage property, as depicted in the Development Plan, attached hereto as ExhibitA and incorporated herein by this reference (the "Plan" or "Development Plan"). 2. Development Agreement. The Agreement is authorized by RCW 36.7013.170 through .210 and FWCC 22-1660 through 22-1680. It addresses Project development standards, which are defined in the statute to include, for example, impact fees, mitigation, design standards, review procedures, and any other appropriate development requirements. The agreement provides the City and ASPEN with certainty as to the type of project that will be built. 3. Project Mitigation Under SEPA. The Project has been subject to detailed environmental review. A Mitigated Determination of Non -Significance ("MDNS") was issued on September 1, 2004. Mitigation of significant adverse environmental impacts imposed under SEPA, through the City's SEPA regulations, is incorporated into the site plan approval and Agreement. 4. ASPEN Responsibilities. 4.1 ASPEN voluntarily agrees to construct additional street and frontage improvements on 10'" Ave SW. Specifically, street and frontage improvements shall be constructed along the City Frontage as shown in the development plan, Exhibit A. 4.2 ASPEN voluntarily agrees to complete construction of the Full Street Improvements prior to final plat approval being issued for the Project. 5. City's Responsibilities. 5.1 The City agrees to reimburse ASPEN for the lump sum, job total, of the Full Street Improvements as approved by the City and attached hereto as Exhibit B.' 6. Other Project Review Processes and Change Orders. 6.1 Other Project Review Processes. The Full Street Improvements will be constructed to City standards. 6.2 Change Orders. The City may, at any time, order changes to the Full Street Improvements valued at up to 10% of the Costs. ASPEN agrees to fully perform any such alterations or additions to the Full Street Improvements. All such change orders shall be in the form of the Improvement Change Order Agreement attached hereto as Exhibit C, which shall be signed by both ASPEN and the City, shall specifically state the change to the Full Street Improvements, the completion date for the changes, and any increase or decrease in the compensation to be paid to ASPEN as a result of such change. Oral change orders shall not be binding upon the City unless confirmed in writing by the City. 7. Approval of Costs and Final Accounting. Payment or credit will be made by the City only after the Full Street Improvements have been approved by the City, and an invoice received by the City and approved by the Director of Public Works. Any disagreement with regard to approval of costs and final accounting shall be resolved pursuant to Section 9.9, Dispute Resolution. 8. Waiver and Mutual Release of Claims of Invalidity. The City and ASPEN acknowledge and represent that the terms of this Agreement have been jointly negotiated and that each party enters into this Agreement voluntarily. Further, ASPEN and the City agree that this Agreement is authorized under law and each party waives any claim that the Agreement is invalid or illegal. The agreements and representations in this Section are material to this Agreement and are being relied upon by both parties. 9. General Provisions. 9.1 Binding on Successors. 9.1.1 The Agreement shall bind and inure to the benefit of the Parties and their successors in interest, and may be assigned to any successor in interest to the Project property. 9.1.2 This Agreement is intended to protect the value of, and facilitate the use and development of, the Property and to protect the public health, safety, and welfare of the City. Therefore, the covenants set forth herein shall be construed to and do touch and concern the Property and the benefits and burdens inuring to ASPEN and to the City from this Agreement shall run with the land and shall be binding upon ASPEN, its heirs, successors, and assigns, and upon the City. 9.2 Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. Venue for any action to enforce the terms of this Agreement shall be in King County Superior Court. 9.3 Severability. The provisions of this Agreement are separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this Agreement, or the validity of its application to other persons or circumstances. 9.4 Authori . The City and ASPEN each represents and warrants to the other that it has the respective power and authority, and is duly authorized, to execute and deliver this Agreement and that the persons signing on its behalf are duly authorized to do so. ASPEN further represents and warrants that it is the fee owner of the Property, that it has authority to agree to the covenants and provisions contained herein, and that there are no other persons, entities, or parties with any fee interest in the Property. 9.5 Amendment. This Agreement may be modified only by written instrument authorized by the City Council and duly executed by the City's representative and ASPEN. 9.6 Exhibits. All exhibits attached hereto are incorporated herein by this reference as if fully set forth herein. 9.7 Headings. The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Agreement. 9.8 Enforcement. Subject to the notice and cure provisions of this section, in the event either party fails to satisfy any of its obligations under this Agreement, the other party shall have the right to enforce this Agreement by an action at law for damages or in equity for specific performance. The Parties acknowledge that damages are not an adequate remedy for breach by either party. In addition to the remedies set forth herein, in the event of a breach of this Agreement by ASPEN, the City may enforce this Agreement under the enforcement provisions of the Federal Way City Code in effect at the time of the breach and/or it may terminate this Agreement. No party shall be in default under this Agreement unless it has failed to perform its duties or obligations under this Agreement for a period of thirty (30) days after written notice of default from the other party. A notice of default shall specify the nature of the alleged default and the manner in which the default may be cured. If the nature of the default is such that it cannot be reasonably cured within thirty (3 0) days, then a party shall not be deemed in default if the party commences a cure within thirty (30) days and, thereafter, diligently pursues completion of the cure. 9.9 Dispute Resolution. In the event of a dispute between the parties arising by reason of this Agreement, or any obligation hereunder; the dispute shall first be referred to the operational officers or representatives designated by parties to have oversight over the administration of this Agreement. Said officers or representatives shall meet within fourteen (14) calendar days of either party's request for said meeting, and the parties shall make a good faith effort to attempt to achieve a resolution of the dispute. In the event that the parties are unable to resolve the dispute under the procedure set forth, then the parties hereby agree that the matter shall be referred to mediation. The parties shall mutually agree upon a mediator to assist them in resolving their differences. Any expenses incidental to mediation shall be borne equally by the parties. If either party is dissatisfied with the outcome of the mediation, that party may then pursue any available judicial remedies, provided, that if the party seeking judicial redress does not substantially prevail in the judicial action, it shall pay the other party's reasonable legal fees and costs incurred in the judicial action. 9.10 Attorneys Fees. In any action brought to enforce this Agreement or for damages resulting from a breach thereof, the prevailing party as determined by the court, shall be entitled to recover its reasonable attorneys' fees. 9.11 Police Power. Nothing in this Agreement shall be construed to diminish, restrict or limit the police powers of the City granted by the Washington State Constitution or by general law. This Agreement is an exercise of the City's police powers, the authority granted under RCW 36.70B.170-.210, and other laws. 9.12 Third Parties. The Agreement is made and entered into for the benefit of the parties hereto and their successors and assigns. No other person or entity is an intended third party beneficiary. No other person or entity shall have any right of action under this Agreement. 9.13 Performance. Time is of the essence of this Agreement and each and all of its provisions n which performance is a factor. Adherence to completion dates is essential to the ASPEN' performance of this Agreement. IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day and year indicated. CITY OF FEDERAL WAY, a Washington municipal corporation I� Cary M. Roe, P.E., Assistant City Manager ASPEN NORTHWEST, LLC, a Washington limited liability company mm Date: Date: ATTEST: This day of 22005. Laura Hathaway, CMC Federal Way City Clerk Approved as to Form for City of Federal Way: City Attorney, Patricia A. Richardson STATE OF WASHINGTON ) )ss. COUNTY OF KING ) Approved as to Form for ASPEN Northwest, LLC: On this day, personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, to me known to be the of ASPEN Northwest, LLC, a Washington limited liability company, the entity that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument on behalf of said corporation. Given under my hand and official seal this day of )2004. (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires: KAPublicWorks\ASPEN\ASPEN Development Agreement.7.14.05 Exhibit A Ap ES A �� a��� I .19 5170 SF \1 / { 5428 SF \ �' t:7 i 43348 SF LOT D Wl�-� LY 1 J •�/�, '��oy� 9 13110 SF — PUBLIC b 1 9 1' I . Y 4062 SF — PUBUC 5300 SF 11 HOMEOWNERS ASSOC. SAGl�Au>~ ►MEOWNERS A$SOC. th L1 'SARK b g ! , '0 SF — PUBLIC 'T.• 2140 SF — PUBUC D.- 16444 SF — HOMEOWNERS ASSOC. � MEOWNERS ASSOC. / x Ap ES A �� a��� I .19 5170 SF \1 / { 5428 SF \ �' t:7 i 43348 SF LOT D Wl�-� LY 1 J •�/�, '��oy� 9 r{ 1 b 1 9 1' I . 12 5300 SF 11 a�a 5005 SF 11 th L1 ANO b g ! , �=r sago SF L _ Y• 13 8248 SF , 25tt ' ' 5300 SF 14I . 7287 SF I 03L --Il > 15 7237 7217 SF i {------------- � s X 4 5915 SF 1.-- —^-M-- I. 17 i. r; �1 8290 SF I 18' iI 7350 SF 2 '��oy� 9 � � i• b 1 9 1' I . 5300 SF 11 D CELS. I I: th L1 ANO L 1) b 1 9 1' I . 5300 SF 11 r — — — -- -ll _. b g ! , �=r sago SF L _ • ' ' 5300 SF 6 11 . n I 5300 SF 1 I 03L --Il > 3 5300 SF s X 4 ft 29 2 E: 1,29110 Exhibit A a 51 is OTICA, E, INT li Zki t 1 5 � ;7�2�' 4:t• 3 296 DRAMA E I !4 B STA 2*72-0.144 , j,LT Z��Qi7�8&2- N E) N, IT UOU DRAMA E I Exhibit A S j Y i I' PRIVAR EAERT 10 27 TYY 1 1 4+50,0, ` GT a 33 323. .25 323. (92 w s 59. 4 555 4 .am Exhibit A R PEN 1,A6p�ERTFE5 PROFESSIONAL LAND DEVELOPMENT AND CONSTRUCTION MANAGEMENT BID PROPOSAL: Full Street Improvements at 10th Ave SW # 034778-R4 and Campus Drive SW. PROJECT: WYNSTONE SUBDIVISION SITE ADDRESS: 1000 Block Campus Drive SW, Federal Way, WA. CONTACT: Michael Kerschner (253) 222-0255, direct DATE: April 16, 2007 DESCRIPTION: Construct full width street improvements at the Campus Drive entrance of the Wynstone subdivision in lieu of the approved half street improvements. THE FOLLOWING WORK SUB -DIVISIONS are INCLUDED in this proposal; 01000 GENERAL REQUIREMENTS 01030 Field Engineering 01051 Project Coordination/ Admin. 01070 Cutting and Patching 01400 Quality Control 01410 Testing Lab Services 01500 Temporary Facilities 01510 Temporary Utilities 01710 Street Cleaning 01420 Construction Inspections 01570 Traffic Regulation 01572 Flagmen / Traffic regulation 01031 Civil Engineering 01000 SITE WORK 02102 Clearing and Grubbing 02200 Mass Earthwork 02540 Site Erosion Control 02588 Dry Utility Trenching 02620 Curbs & Gutters 02750 Irrigation Systems 02105 Construction Entrances 02210 Site Grading 02515 Storm Drain System 02610 Paving 02630 Sidewalks & Ramps 02800 Landscaping 02110 Demolition 02230 Soils Compaction Control 02205 Bio-swales / Infiltration 02618 Pavement Marking 02722 Temporary Signs 01532 Tree and Plant Protection ASPEN PROPERTIES is pleased to provide all materials, labor and machinery to complete the above captioned work for a guaranteed lump sum bid price of $109,722.00. The following breakdown constitutes the schedule of values associated with the work. 1. Road pavement: 4" class A asphalt over 8" ATB: (approx. 286' x 12' = 3,432s") $27,293 2. Vertical curb & gutter: (approx. 604IN) $ 9,945 3. Concrete sidewalk: 604 ur 8' wide x 4" thick: (approx. 4,832 s1f ) $25,155 6902 Ford Drive NW Gig Harbor, Washington 98335 ♦ Telephone: (253) 265-1304 Facsimile: (253) 265-1305 Full Street Improvements / 10'" Ave SW Bid 034778-R4, Page Two continued.... 4. Gravel sub-base/fine grading (8,868)slf 5. Street Trees: 19 trees @ $388 ea. (installed) 6. Planting Strip -Landscape/topsoil & sod: (approx. 3,624 s/f ) 7. Irrigation in landscape strip: (approx 604' x 6' = 3624'/') 8. Civil Engineering, Landscape Design, Surveying, Geotechnical 9. City of Federal Way Permits 10. City of Federal Way Plan Review Fees 11. Performance/Maintenance Bonding & Insurance 12. Contractor Profit, 10% 9.2% WA. Sales Tax: JOB TOTAL: NOTE* The lump sum price quoted above is a guaranteed price to the City of Federal Way as long as the written approval and contract with the City is received by the Owner / Contractor on, or by the close of business May 31, 2007. In addition, the City contract must stipulate that the above captioned work is to be completed without delay, and is to coincide with the timing of the installation with the scheduled new construction road work at 10th Avenue SW, located within the preliminarily approved Wynstone subdivision. Michael Kerschner ASPEN PROPERTIES 6902 Ford Drive NW Gig Harbor, Washington 98335 ♦ Telephone: (253) 265-1304 Facsimile. (253) 265-1305 $5,215 $7,372 $7,975 $6,513 $1,876 NIC $0.00 NIC $0.00 NIC $0.00 Subtotal $ 91,344.00 $ 9,134.00 Total $ 100,478.00 $ 9,244.00 $109,722.00 NOTE* The lump sum price quoted above is a guaranteed price to the City of Federal Way as long as the written approval and contract with the City is received by the Owner / Contractor on, or by the close of business May 31, 2007. In addition, the City contract must stipulate that the above captioned work is to be completed without delay, and is to coincide with the timing of the installation with the scheduled new construction road work at 10th Avenue SW, located within the preliminarily approved Wynstone subdivision. Michael Kerschner ASPEN PROPERTIES 6902 Ford Drive NW Gig Harbor, Washington 98335 ♦ Telephone: (253) 265-1304 Facsimile. (253) 265-1305 EXHIBIT C TO DEVELOPMENT AGREEMENT IMPROVEMENT CHANGE ORDER AGREEMENT PROJECT CHANGE ORDER EFFECTIVE DATE NUMBER NUMBER PROJECT TITLE CONTRACTOR SUMMARY OF PROPOSED CHANGES: The time provided for completion in the Agreement is ❑ Unchanged ❑ Increased ❑ Decreased by _ Calendar Days. This Document shall become an Amendment to the Agreement and all provisions of the Agreement not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? ❑ Yes ❑ No If "Yes" Will the Policies Be Extended? ❑ Yes ❑ No COST CHANGE LUMP SUM: INCREASE $ UNIT PRICE: DECREASE $ THE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE ITEM NO. ITEM QUANTITY UNIT UNIT PRICE ADD OR DELETE TOTAL NET CONTRACT: INCREASE $ DECREASE $ STATEMENT: Payment for the above change in the Improvements will be in accordance with applicable portions of the standard specifications, and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the contract plans, and the special provisions governing the types of construction. CONTRACTOR'S DEPT. DIRECTOR/MANAGER DATE SIGNATURE SIGNATURE DEPARTMENT RECAP TO DATE: *Adjustments: ORIGINAL CONTRACT AMOUNT $ PREVIOUS CHANGE ORDERS $ THIS CHANGE ORDER $ *ADJUSTMENTS $ NEW CONTRACT AMOUNT $ ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY PAY THIS ADJUSTED AMOUNT DEPARTMENT DIRECTOR'S SIGNATURE ( )INCREASED $ ( )DECREASED $ COUNCIL MEETING DATE: June 5, 2007 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Amendments to the Conditions of Zoning Approval for the Village at Federal Way (Kitts Corner) POLICY QUESTION: Should the City amend Numbers 2(e) and 269 of the Conditions of Zoning Approval of Ordinance 05-490? COMMITTEE: LUTC MEETING DATE: May 21, 2007 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Senior Planner Margaret H. Clark AICP DEPT: Community Development Jon Potter has requested to modify conditions Numbers 2(e) and (f) of Ordinance 05-490; in order to increase the total gross square feet of the two anchor buildings from 100,000 square feet to 140,000 square feet and to increase the square footage of the building footprint of the non -anchor buildings from 10,000 square feet to 30,000 square feet for commercial mixed-use buildings and to 12,000 square feet for commercial/residential mixed-use buildings. Changes are also being requested pertaining to modulation of the building facades. The Planning Commission conducted a public hearing on May 2, 2007, and recommended to the council approval of the staff recommended code amendments with one change to keep the width to depth ratio of the anchor facades at, "not to exceed a width to depth ratio of 1.5:1" instead of the requested, "not to exceed a width to depth ratio of 1.25:1," since a 1.25:1 ratio could be attained under the existing ratio requirement. Attachments: 1) Draft Adoption Ordinance with amended language shown in a stfi eeut (proposed deletions) and underline (proposed additions); 2) Minutes of May 2, 2007, Planning Commission Public Hearing; 3) April 24, 2007, Staff Report to the Planning Commission with Exhibits 1-4. Options Considered: 1) Adopt the Planning Commission recommended amendments to Ordinance 05-490; 2) Adopt the recommended amendments with modifications; 3) Do not adopt the recommended amendments. STAFF RECOMMENDATION: Staff recommends Council approve Option #1; adopt the Planning Commission recommended amendments to Ordinance 05-490. CITY MANAGER APPROVAL: Ml DIRECTOR APPROVAL: "K�11 to Co ttee to Council to Committee To Council COMMITTEE RECOMMENDATION: Forward the Ordinance for first reading to the full Council on June 5, 2007. Jack Dovey, Chair Dean McColgan, Member Linda Kochmar, Member PROPOSED COUNCIL MOTION: "I move approval of the LUTC's recommendation to approve the amendments to Ordinance 05-490, which are attached. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ . TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # I:\Kitts Corner\LUTC\Agenda Bill.doc DRAFT ADOPTION ORDINANCE ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING AMIENDMENTS TO ORDINANCE 05-490 RELATING TO THE CONDITIONS OF ZONING APPROVAL FOR KITTS CORNER (AMENDING ORDINANCE NO'S. 90-43,95-248,96-270,98-330, 00- 372, 01-405, 03-442, 04-460, 04-461, 04-462, 05-490, 05-491, 05-492). WHEREAS, the Growth Management Act of 1990, as amended, (Chapter 36.70A RC W or "GMA") requires the City of Federal Way to adopt a comprehensive plan which includes a land use element (including a land use map), housing element, capital facilities plan element, utilities element, economic development element, and transportation element (including transportation system map[s]); and WHEREAS, the GMA also requires the City of Federal Way to adopt development regulations implementing its comprehensive plan; and WHEREAS, the Federal Way City Council adopted its comprehensive plan with land use map (the "Plan") on November 21, 1995, and adopted development regulations and a zoning map implementing the Plan on July 2, 1996; and subsequently amended the comprehensive plan, land use map, and zoning map on December 23, 1998, September 14, 2000, November 1, 2001, March 27, 2003, July 20, 2004 and June 16, 2005; and WHEREAS, Ordinance No. 05-490 approved a change in comprehensive plan designation and zoning of approximately 46 acres located south of South 336`h Street and west of Pacific Highway South from Business Park (BP) to Community Business (BC) and Multi -Family (RM 2400), based on specific conditions as contained in said ordinance; and WHEREAS, as a result of this action, approximately 19 acres east of a dividing line would be designated Community Business (BC) and approximately 27 acres west of a dividing line would be designated Multi - Family (RM 2400); the dividing line described as a line extending southwards from the South 336`h Street right-of-way, said line which follows the eastern buffer of Wetland No. 2 as shown in the Settlement Agreement and Covenant recorded under Recording No. 9704211043 to a point approximately 351 feet north ORD ## , PAGE 1 of the south property line of Parcel No. 202104-9004, at which point said line follows the middle of the 13`h Place South extended right-of-way to the south property line of Parcel No. 202104-9004; and WHEREAS, in March 2007, the City of Federal Way received a request to amend the conditions of zoning approval of the approximately 19 acres of that portion of site zoned Community Business; and WHEREAS, in July 2001, the City's SEPA Responsible Official issued a Determination of Nonsignificance on the 2001 comprehensive plan amendments, which included Kitts Corner; and WHEREAS, in March 2005, a SEPA Addendum was issued for Kitts Corner now known as the Village at Federal Way; and WHEREAS, the applicant has submitted an application for a Master Plan for the site; and WHEREAS, any potential impacts associated with the amendments to the conditions of zoning approval would be analyzed through the SEPA process for the Master Plan; WHEREAS, the City of Federal Way, through its staff, Planning Commission, City Council committees, and full City Council has received, discussed, and considered the testimony, written comments, and material from the public, as follows: 1. On May 2, 2007, the City's Planning Commission considered the request for a change in the conditions of zoning approval for the 19 BC -zoned parcels located east of Wetland No. 2; 2. On May, 21, 2007, the Land Use/Transportation Committee of the Federal Way City Council considered the request, based on conditions recommended by the Planning Commission, following which it recommended adoption of the Planning Commission's recommendations; 3. On June 5, 2007, the full City Council considered the request for a change in the conditions of zoning approval for the 19 BC -zoned parcels located east of Wetland No. 2; WHEREAS, the City Council desires to approve the request for a change in the conditions of zoning approval for the 19 BC -zoned parcels located east of Wetland No. 2, based on the amended conditions as contained in Section 2 of this ordinance. Now, THEREFORE, the City Council of the City of Federal Way, Washington, does hereby ordain as follows: ORD # , PAGE 2 Section 1. Findings. After fill and careful consideration, the City Council of the City of Federal Way finds that the proposed amendments to the conditions of zoning approval will protect and will not adversely affect the public health, safety, or welfare. Section 2. Conclusions. Pursuant to FWCC Section 22-526, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria for adoption of the amendments to the conditions of zoning approval for the Village at Federal Way: A. The proposed amendments, as set forth in Section 3 below, would conform to the conditions of zoning approval by providing development that is similar in design to that originally envisioned and are consistent with the comprehensive plan because they will facilitate convenient residentially scaled shopping for residential areas and housing in the City's commercial areas. B. The proposed amendments to the conditions of zoning approval, as set forth in Section 3 below, will allow development of the site in response to market conditions and the Council's vision for development of the site, while providing for transportation facilities to serve the site and improving circulation in the vicinity, and therefore bears a substantial relationship to public health, safety, and welfare and are consistent with the requirements of RCW 36.70A, the King County Countywide Planning Policies, and the Comprehensive Plan. C. The proposed amendments to the conditions of zoning approval, as set forth in Section 3 below, are in the best interest of the residents of the City because they are consistent with, and substantially implement, the following comprehensive plan goal and policy by allowing development of the site as a commercial/ residential mixed-use development in a village setting: LUG6 Transform Community Business areas into vital, attractive, mixed-use areas that appeal to pedestrians and motorists and enhance the community's image. LUP39 Encourage transformation of Pacific Highway (SR -99) Community Business corridor into a quality mixed-use retail area. Retail development along the corridor, exclusive of the City Center, should be designed to integrate auto, pedestrian, and transit Oen # , PAGE 3 circulation. Integration of public amenities and open space into retail and office development should also be encouraged. Section 3. Conditions of Approval. The request to change the comprehensive plan designation and zoning of approximately 46 acres located south of South 336h Street and west of Pacific Highway South from Business Park (BP) to Community Business (BC) and Multi -Family (RM 2400), with approximately 19 acres to be designated Community Business (BC) and approximately 27 acres to be designated Multi -Family (RM 2400), shall be approved based on the following conditions, as amended: 1. Prior to construction of any new buildings, a single Master Plan for the entire Multi - Family (RM 2400) and Community Business (BC) zoned site shall be submitted to and approved by the City. Application for critical area intrusions as applicable is also required in conjunction with master plan review. A project action State Environmental Policy Act (SEPA) review shall also be conducted in conjunction with master plan and critical area review. Subsequent to Master Plan approval, building design and minor modifications to the site plan shall be reviewed via a Process Il, Site Plan Review. For the purposes of the Master Plan, the subject site is comprised of the following parcels: 202104-9069, 202104-9070, 202104-9001, 202104-9090, 202104-9086, 202104-9080, 202104-9072, and 202104-9004. the following: The Master Plan shall be developed with a cohesive and integrated design that promotes a. Pedestrian scale, and pedestrian orientation and massing of buildings. b. Site -wide pedestrian connectivity. C. Building massing shall be designed to avoid large expanses of parking areas adjacent to and/or visible from the public right-of-ways. On-site parking shall not be allowed between buildings and public right-of-ways, except the Director of Community Development Services may approve one double -loaded parking row between a building and right-of-way due to extenuating circumstances. d. The appearance of strip commercial development shall be minimized by breaking large linear buildings into numerous smaller buildings. e. The commercial portion of the site may include a maximum of two primary anchor buildings. and the total gr-ess fleer- area of all ancher-s shall net exreed 100,000 squar-e feet of gross fleef . These anchors shall not exceed 140,000 square feet of gross floor area excluding integrated structured parking. The maximum footprint of any one anchor shall not exceed 80,000 square feet. Anchor facades shall not exceed a width to depth ratio of 1.5:1.. ORD # , PAGE 4 Commercial mixed use buildings should not exceed 30,000 square feet of building footprint excluding integrated structured parking) and shall not exceed a width to depth ratio of 1.5:1. g. Commercial/ residential mixed use buildings should not exceed 12,000 square feet of building footprint (excluding integrated structured parking) and shall not exceed a width to depth ratio of 2:1. h. Non -anchor, non -mixed use buildings should not exceed 10,000 square feet ofbuilding foo!print. The Director of Community Development Services may approve a maximum of two, non -anchor, non -mixed use buildings in excess of 10,000 square feet, up to a maximum of 20,000 square feet each, when the applicant demonstrates the following: (i) The additional square footage is necessary to accommodate the needs of a specific tenant. (ii) The facades of the structure include significant structural modulation equal to at least ten percent of the length of the subject fagade. (iii) The overall design of the building is consistent with the pedestrian scale and integrated design of the overall site. (iv) Non -anchor, non -mixed use facades shall not exceed a width to depth ratio of 2:1. g: i. Primary commercial building entries shall be clearly visible and recognizable from the public right-of-ways; or active building facades, including windows and pedestrian scale design amenities such as screening, plazas, or art features such as trellises, artwork, murals, landscaping or combinations thereof, shall be required fronting the right-of-way. lr. l On -street parallel parking is encouraged where feasible. is k. A minimum of five percent of the gross land area of the commercial portion of the site shall be pedestrian oriented open space. There shall be one primary pedestrian gathering focal point, and additional supporting pedestrian oriented gathering locations distributed proportionally throughout the commercial portion of the site. Open space areas and plazas shall include seating, landscaping, art, ornamentation, pedestrian scale lighting, water features, and outdoor dining. j-1. Vehicular service stations are not permitted. Fuel pump stations are only permitted when accessory to an anchor tenant. Any approved fuel pump station shall not be oriented to the public right-of-way, and shall not exceed two fuel islands with a total of up to eight vehicular fueling positions. 3. Development of the site shall include design, construction, and dedication of the following public roadways in accordance with appropriate FWCC street sections: a. 13t" Place South from South 336"' Street to the south property line; ORD # , PAGE 5 extended; b. South 340"' Street from Pacific Highway South to the intersection of 13'h Place South A roadway connecting from South 336`h Street through the residential area, connecting to 13'h Place South extended. These public roadways are necessary to serve the proposed development and shall be constructed as outlined below. Additional conditions (on-site and off-site) intended to mitigate significant adverse environmental impacts may be required as determined through the SEPA process and will be applied to any proposed project in the future. a. Prior to occupancy of any residential building on the site, South 340"' Street from Pacific Highway South to the intersection of 13'h Place South extended, and the roadway within the residential area connecting to South 336th Street, shall be constructed to meet all applicable standards. Traffic calming devices such as speed humps, speed tables, traffic circles, chicanes, curb extensions, signs, pavement markings, or other calming devices as approved by the Public Works Director shall be incorporated within the residential roadway. Signal modifications at Pacific Highway South and South 340" Street intersection may be required to provide safe access. Alternatively, the developer may construct the extension of 13"' Place South from South 336"' Street to its intersection with the proposed residential road as a traffic circle. This would eliminate the need for the construction of South 340"' Street from Pacific Highway South to the intersection of 130' Place South extended, and the segment of 13'h Place South between South 340`h Street and the intersection of the residential roadway (traffic circle). b. Prior to occupancy of any commercial building, 13`h Place South from South 336" Street to the south property line, and South 340"' Street from Pacific Highway South to the intersection of 13th Place South extended, shall be constructed to all applicable standards. A new traffic signal (South 336" Street & 13'h Place South) and/or signal modifications (Pacific Highway South & South 3401h Street) may be required as determined through the SEPA process. 4. All new public streets shall include traffic calming features. Uses other than multi -unit housing and day care facilities that are otherwise permitted in the RM zone are not allowed. 6. The multi -family portion of the site, west of Wetland No. 2, shall be accessed from one location along South 336"' Street and shall include a public roadway connecting through the residential area, across the existing berm of Wetland No. 2, and connecting to 13th Place South extended. ORD # , PAGE 6 7. No more than one anchor building, or a maximum of 75,00A 80,000 square feet of commercial building area, may receive a Certificate of Occupancy on the site without the prior construction of a minimum of 75 residential units. 8. The residential area shall be designed to minimize reception of potential noise impacts from adjacent nonresidential uses. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of .2007. CITY OF FEDERAL WAY Mayor, Michael Park ATTEST: City Clerk, Laura Hathaway APPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO: ORD # , PAGE 7 1AKitts ComeALUMAdoption Ordinance.doc PLANNING COMMISSION PUBLIC HEARING MAY 29 2007 MINUTES DRAFT CITY OF FEDERAL WAY PLANNING COMMISSION May 2, 2007 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: Dmi Duclos, Bill Drake, Merle Pfeifer, Lawson Bronson, and Wayne Carlson. Commissioners absent: Hope Elder and Dave Osaki (both excused). Alternate Commissioners present: Kevin King. Alternate Commissioners absent: Caleb Allen and Richard Agnew (both not excused). Staff present: Senior Planner Margaret Clark, City Attorney Patricia Richardson, and Administrative Assistant E. Tina Piety. Vice -Chairwoman Duclos called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES None AUDIENCE COMMENT None ADMINISTRATIVE REPORT Ms. Clark informed that Commission that the Zero Lot Line Townhomes and Small Lot Detached Development Code Amendments have passed first reading at the City Council and will presented for second reading on May 15, 2007. The 2006 Comprehensive Plan Update, BP/BC Zoning Text Amendments, and Shoreline Mater Program Updates are all scheduled for the May 21, 2007, LUTC. COMMISSION BUSINESS PUBLIC HEARING — Village at Federal Way Amendment to Conditions of Approval Commissioner Duclos disclosed she had meet with Mr. Potter a long time ago when he was making courtesy calls to neighbors. She informed him she is on the Planning Commission and they did not discuss this issue. She has not spoken to him since. Commissioner Carlson disclosed that he knows Mr. Potter because Mr. Potter is a friend of Commissioner's Carlson's boss, but there is no business relationship and they have never discussed this issue. Ms. Clark delivered the staff report. Jon Potter is seeking this change to increase the square footage of the building footprint of the two anchor buildings because retailers that have 50,000 square foot footprints or smaller have not been interested n the Federal Way market. He cannot attract tenants with the current footprint. SEPA was issued on the comprehensive plan amendments. One of.the conditions for this project is that they submit a master plan and that master plan will undergo SEPA. At the time that a development permit is applied for, the Traffic Division or the applicant will conduct a Concurrency Analysis. If the development results in greater impacts than anticipated in the six-year Transportation Improvement Plan (TIP), the developer would be required to scale the project back, wait until the project is added to the TIP, or make the required traffic improvements. UPlanning Cortunission\2007\Meeting Su=mry 05-02-07 doc Planning Commission Minutes Page 2 DRAFT The requested amendments are: May 2, 2007 • Increase the gross square footage of the two anchors from 100,000 to 140,000 square feet. • No one anchor may exceed an 80,000 square foot footprint (an increase from 50,000 square feet). • Change the width to depth ratio of the anchors from 1.5:1 to 1.25:1 (i.e. change from the width being no more than l''/2 times the depth to width being no more than PA times the depth [building would become more square rather than rectangular]). • Increase the building footprint of commercial mixed-use buildings from 10,000 to 30,000 square feet, with a width to depth ratio not to exceed 1.5:1. • Increase the building footprint of commercial/residential mixed-use buildings from 10,000 to 12,000 square feet, with a width to depth ratio not to exceed 2:1. • The limits on the building footprint would exclude integrated parking, i.e., parking that is part of the building. • Keep the building footprint of non -anchor, non -mixed use buildings to 10,000 square feet with the provision for an increase up to 20,000 square feet for two buildings if certain conditions are met. No change in the width to depth ratio of 2:1. No public comments were received. Staff recommends accepting the amendments as proposed. Mr. Potter and his design consultant, Joe Donahou, were available to answer questions. Discussion was held on the change of the width to depth ratio of the anchor buildings. This discussion indicated that it would be more limiting to the applicant to change the width to depth ratio as requested. Because they want as much flexibility as possible, the applicant concluded that it would be in their best interest to not change the width to depth ratio. Commissioner Bronson moved (and it was seconded) to recommend adoption of the proposal with an amendment that the depth to width ratio be retained at the original 1-5:1 for the anchor buildings. The vote was held and passed, no nays. ADDITIONAL BUSINESS Commissioner Bronson will be on vacation the month of June and Commissioner Drake will not be available the first week of June. It was noted that the City's Volunteer Dinner is May 18''. AUDIENCE COMMENT None ADJOURN The meeting was adjourned at 7:40 p.m. K:%Planning Commissiont2007AMeating Summary 05.02-07 doe STAFF REPORT TO THE PLANNING COMMISSION DATED APRIL 24, 2007 (FOR MAY 29 2007 PUBLIC HEARING) City of Federal Way PLANNING COMMISSION May 2, 2007 City Hall 7:00 p.m. Council Chambers AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES 4. AUDIENCE COMMENT 5. ADMINISTRATIVE REPORT 6. COMMISSION BUSINESS • PUBLIC HEARING Village at Federal Way Amendment to Conditions of Approval 7. ADDITIONAL BUSINESS 8. AUDIENCE COMMENT 9. ADJOURN Commissioners Hope Elder, Chair Dint Duclos, Vice -Chair Dave Osaki William Drake Merle Pfeifer Lawson Bronson Wayne Carlson Richard Agnew, (Alternate #l) Kevin King (Alternate #2) CalebAllen (Alternate #3) KAPI=ning Commission\2007\Agcnda 05.0? -07 doc City staff Kathy McClung, CDS Director Margaret Clark, Senior Planner E. Tina Piety, Administrative Assistant 253-835-2601 }vrni a o(` ;i; rrhra v. coo, CITY OF Federal Way April 24, 2007 To: FROM: SUBJECT: MEMORANDUM Hope Elder, Chair, City of Federal Way Planning Commission Kathy McClung, Director of Community Development Services Margaret H. Clark, AICP, Senior Planner Request to Amend the Rezone Conditions for the Village at Federal Way (Kitts Corner) — Federal Way Files: 05 -101205 -00 -UP & 05 -101207 -00 -SE MEETING DATE: May 2, 2007 I. BACKGROUND The Kitts Comer (Village at Federal Way) request was originally submitted in April 1999. It was reviewed as part of the 2001 Comprehensive Plan Amendments. In November 2001, the LUTC gave direction that a development agreement be prepared for the site. In September 2004, the applicant submitted an application for approval of a development agreement and associated plan. In March 2005, the City initiated a legislative comprehensive plan amendment and conditional rezone for the Kitts Comer site. The comprehensive plan amendment and conditional rezone were approved per Ordinance 05-490 on June 7, 2005, which outlined the conditions of approval (Exhibit 1). II. REQUEST The applicant, Jon Potter, is requesting is to modify conditions numbers (e) and (f) of Ordinance 05-490, in order to increase the total gross square feet of the two anchor buildings from 100,000 square feet to 140,000 square feet and to increase the square footage of the building foot print of the non -anchor buildings from 10,000 square feet to 30,000 square feet for commercial mixed-use buildings and to 12,000 square feet for commercial/residential mixed-use buildings. Changes are also being requested pertaining to modulation of the building facades (Exhibits 2 and 3). As stated in the March 16, 2007, correspondence from the applicant, Jon Potter, and the March 15, 2007, correspondence from Ross White, Coldwell Banker Commercial, retailers that have 50,000 square foot footprints or smaller have not been interested in the Federal Way market, or they require an anchor that will generate sufficient traffic to warrant consideration of the site. Mr. Ross further stated that even with the request for larger buildings, the Village at Federal Way will be a mixed- use pedestrian friendly village concept development with several important qualities of a typical "lifestyle center." The Village at Federal Way will be a combination of "mid -box" tenants and typical small shop and free standing pad retailers and restaurants. III. SUMMARY File Number: 07 -101996 -00 -UP Planning Commission Memorandum Meeting Date: May 2, 2007 Village at Federal Way, Request to Amend the Rezone Conditions Page I Parcel Numbers, Owners, & Acreage. Table I Number Parcel No. Owner Acres 1 202104-9069 Kitts Corner LLC 1.03 acres 2 202104-9070 Campus Gateway Associates 21.79 acres 3 202104-9001 Jean Merlino 8.87 acres 4 202104-9090 Curtis & Elizabeth Nelson 0.52 acres 5 202104-9086 Horan R/E Investments Inc. 0.17 acres 6 202104-9080 Ralph Jones 1.5 acres 7 202104-9072 Chase WJ Trust 7.75 acres 8 202104-9004 Wayne B. Knight 4.44 acres TOTAL 44.57 acres Location: South of South 336"' Street and west of Pacific Highway South, specifically the 19 BC -zoned acres on the east side of a dividing line which extends southwards from the South 336`h Street right-of-way and follows the eastern buffer of Wetland No. 2 as shown in the Settlement Agreement and Covenant recorded under recording number 9704211043, to a point approximately 351 feet north of the south property line of parcel 202104-9004, at which point said line follows the middle of the 13`h Place South extended right-of-way to the south property line of parcel 202104-9004 (Exhibit A of Exhibit 1 and Exhibit 4). Size: Approximately 19 acres located east of the on-site wetlands. Refer to Table I and Exhibit A of Exhibit 1. Applicant: Jon Potter Stateside Investments 3611 29`h Avenue West Seattle, WA 98199 (206) 579-0088 Comprehensive Plan: Community Business Existing Zoning: Community Business (BC), with conditions as outlined in Ordinance 05-490 ' "fable I shows ownership of the entire Village at Federal Way parcels. The requested amendments to the conditions of approval of the legislative rezone affect only the eastern portion of the site, which is zoned Community Business (BC). Planning Commission Memorandum Meeting Date: May 2, 2007 Village at Federal Way, Request to Amend the Rezone Conditions Page 2 IV. REASON FOR PLANNING COMMISSION ACTION Federal Way City Cade (FWCC) Chapter 22, Article IX, '`Process VI Review," establishes a process and criteria for approving and amending legislative rezones. Consistent with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate the request for amendments to the approval of the legislative rezone; 2. To determine whether the proposed amendments meet the criteria provided by FWCC Sections 22-525; and, 3. To forward a recommendation to the City Council regarding adoption of the proposed amendments. V. PROCEDURAL SUMMARY May 2, 2007 Planning Commission Public Hearing May 21, 2007 Land Use Transportation Committee (LUTC) Public Meeting June 5, 2007 City Council First Reading of Ordinance June 19, 2007 City Council Second Reading of Ordinance VI. SEPA COMPLIANCE A Determination of Nonsignificance (DNS) for the non -project action to change the designation of the entire site from Business Park (BP) to Community Business (BC) on the east side of the on-site wetlands, and Multi -Family (RM 2400) on the west side of the on-site wetlands was issued on July 4, 2001. This action was part of the 2001 City of Federal Way Comprehensive Plan Amendments. A modified comprehensive plan amendment and rezone request was considered as part of the 2004 Comprehensive Plan Amendment Update Process, for which an addendum was prepared to analyze whether significant potential adverse significant impacts would result from the changed actions. This comparison identified no new or different environmental impacts beyond those evaluated in the July 4, 2001, DNS. The applicant has submitted an application for approval of a master plan for the site based on the conditions of approval in Ordinance 05-490. Any potential impacts associated with the amendments to the conditions of the legislative rezone would be analyzed through the SEPA review process for the master plan. Planning Commission Memorandum Meeting Date: May 2, 2007 Village at Federal Way, Request to Amend the Rezone Conditions Page 3 VII. SITE CHARACTERISTICS I. Neighborhood Characteristics The site is presently vacant except for parcel 202014-9086, on which Horan Realty, a real estate office building, is located and parcel 202104-9090 (Nelson), on which an automotive business is operated. In addition, a City -controlled regional detention pond, Kitts Corner, is located on the western portion of parcel 202104-9004 (Knight). Uses to the north across South 3360' Street are a mix of retail, office, church, and restaurants. To the south is vacant land which has been permitted as Progressive Insurance Auto. To the east across Pacific Highway South, moving from north to south, are small retail establishments, vacant property, a bank, Pacifica Park Office Building, and Canopy World_ In addition, Walt's Automotive is located on the triangular piece of property between Pacific Highway South and 16'h Avenue South. To the west, moving from north to south, are Mitchell Place (a senior housing development) and industrial uses, including Frito Lay. 2. Availability of Utilities SanitarySewer: Located within the Lakehaven Utility District. Sewer facilities will need to be extended to serve the site. There is adequate sewer capacity at this time. Public Water: Located within the Lakehaven Utility District. Water facilities will need to be extended to serve the site. There is adequate water capacity at this time. Storm Drainage: Site is located in the West Hylebos Creek Sub -Basin 3. Availability of Public Services Police: Provided by City of Federal Way Fire/Emergency Medical: Provided by South King Fire and Rescue Schools: Provided by Federal Way School District 4. Critical Areas A Class II Wetland is located on the west central portions of parcel 202104-9070 (Campus Gateway) and parcel 202104-9001 (Merlino), and on the northern portion of parcel 202104- 9072 (Chase NW Trust). A branch of the Hylebos Stream flows southwards through the wetlands. Class Il Wetlands have 100 -foot setbacks. The on-site stream also has a 100 -foot buffer. The stream buffer is either contained within the existing wetland buffers or flows through the regional detention pond located on the western portion of parcel 202104-9004 (Knight). There are also two smaller wetlands located on the Campus Gateway and Merlino parcels. The City entered into a June 17, 1996, Settlement Agreement and Covenant with the property owners that stated that once all permit fees were paid and the development application was in compliance with all applicable laws and codes, these smaller parcels could be filled because mitigation for their filling was already built into the mitigation plan for the Planning Commission Memorandum Meeting Date: May 2, 2007 Village at Federal Way, Request to Amend the Rezone Conditions Page 4 overall project. If future development is proposed in the vicinity of an on-site stream or wetland, compliance with FWCC Chapter 22, Article XIV, "Critical Areas," and the settlement agreement and covenant will be required. 5. Drainage The site is located in the West Hylebos Creek Sub -Basin. Since more than 5,000 square feet of impervious surfaces would be created with development of the site, surface water runoff and treatment would be required per the 1998 King County Surface Water Design Manual (KCSWDM), the Federal Way Addendum to the KCSWD, and any conditions stipulated in the settlement agreement and covenant entered into between the City and the property owners. The site falls within a Level 1 Flow Control Area, thus the applicant must design the flow control facility to meet these performance criteria. 6. Access Proposed access to the BC -zoned portion of the site (area east of the large on-site wetland) is from South 336"' Street, a principal arterial located to the north of the site, and Pacific Highway South, also a principal arterial located to the east. The conceptual plan (Exhibit 4) shows a road connecting the western (area west of the large on-site wetlands) and eastern (area east of the large on-site wetland) areas. This connecting roadway would provide the BC -zoned portion of the site an additional access to South 336`h Street through the residential area to the west. Pacific Highway South in the vicinity of the village at Federal Way site is fully developed based on the Federal Way Comprehensive Plan (FWCP), to the planned road section of a Type A street (four lanes plus High Occupancy Vehicle lanes), consisting of a 90 -foot street with curb, gutter, six-foot planting strip with street trees, eight -foot sidewalk, and streetlights in a 124 -foot right-of-way. In 2004, the City constructed two northbound left -turn lanes at 336`' Street, increasing the street and right-of-way by 12 feet. The planned road section for South 336`h Street is a Type E Street consisting of a 64 -foot wide street (four lanes plus median) with curb, gutter, six-foot planting strip with street trees, eight -foot sidewalk, and streetlights in a 98 - foot right-of-way. In addition, the Capital Improvement Plant (CIP) anticipates the need for a second eastbound left -turn lane and an additional eastbound through lane at Pacific Highway South, increasing the planned width of street and right-of-way by 24 feet. As part of the development of the site, 13`h Place South would be extended southward from South 336`" Street through the site, and South 340"' Street would be extended westward from Pacific Highway South through the site. An additional east/west access would also be required between South 336`' and South 340`h Streets. 7. Potential Traffic Impacts At the time that an application for development permit is submitted, the Traffic Division, or the applicant, will conduct a Concurrency Analysis, which will analyze evening peak hour impacts of the project and the pro -rata share contributions towards transportation projects in the Transportation Improvement Plan (TIP) to assure that there is adequate capacity to accommodate the proposed development. Supplemental mitigation may be required if the proposed project creates an impact not anticipated in the TIP. The applicant may also be required to analyze impacts outside the evening peak hours. Planning Commission Memorandum Meeting Date: May 2, 2007 Village at Federal Way, Request to Amend the Rezone Conditions Page 5 VIII. PUBLIC COMt19EN"1'S RECEIVED No written public comments were received. IX. PROPOSED AMENDMENTS TO THE REZONE CONDITIONS The following are those rezone conditions related to size and bulk of buildings that pertain to the BC -zoned portion of the site. The applicant's requested amendments are shown as strikeout (proposed deletions) and underline (proposed additions) (Exhibit 3). 2. The Master Plan shall be developed with a cohesive and integrated design that promotes the following.- a. ollowing: a. Pedestrian scale, and pedestrian orientation and massing of buildings. b. Site -wide pedestrian connectivity. Building massing shall be designed to avoid large expanses of parking areas adjacent to and/or visible from the public right-of-ways. On-site parking shall not be allowed between buildings and public right-of-ways, except the Director of Community Development Services may approve one double -loaded parking row between a building and right-of-way due to extenuating circumstances. d. The appearance of strip commercial development shall be minimized by breaking large linear buildings into numerous smaller buildings_ e. The commercial portion of the site may include a maximum of two primary anchor buildings. The individual aneher- buildings are peFmiaed a friaximum 50,000 square fee of building f00tffint, and the total gross fleer- area of all aneher-s shall not exeee 100,000 sq uar-e feet of gross floor- af These anchors shall not exceed 140,000 square feet of gross floor area, excluding integrated structured parking. The maximum footprint of any one anchor shall not exceed 80,000 square feet. Anchor facades shall not exceed a width to depth ratio of 1.5=1- 1.25:1. f. Nen aneher- buildings should net exeeed i 0,000 square feet ef building feetPFimft-. Commercial mixed use buildings should not exceed 30,000 square feet of building footprint (excluding integrated structured parking) and shall not exceed a width to depth ratio of 1.5:1. g. Commercial/ residential mixed use buildings should not exceed 12,000 square feet of building footprint (excluding integrated structured parking) and shall not exceed a width to depth ratio of 2:1. h_ . Non -anchor, non -mixed use buildings should not exceed 10,000 square feet of building foo rint. The Director of Community Development Services may approve a maximum of two, non -anchor, non -mixed use buildings in excess of 10,000 square feet, t.lp to a maximum of 20,000 square feet each, when the applicant demonstrates the following: Planning Commission Memorandum Meeting Date: May 2, 2007 Village at Federal Way, Request to Amend the Rezone Conditions Page 6 (i) The additional square footage is necessary to accommodate the needs of a specific tenant. (ii) The facades of the structure include significant structural modulation equal to at least ten percent of the length of the subject fagade. (iii) The overall design of the building is consistent with the pedestrian scale and integrated design of the overall site. (iv) Non -anchor, non -mixed use facades shall not exceed a width to depth ratio of 2:1. g i. Primary commercial building entries shall be clearly visible and recognizable from the public right-of-ways; or active building facades, including windows and pedestrian scale design amenities such as screening, plazas, or art features such as trellises, artwork, murals, landscaping or combinations thereof, shall be required fronting the right-of-way. l: L On -street parallel parking is encouraged where feasible. i- k. A minimum of five percent of the gross land area of the commercial portion of the site shall be pedestrian oriented open space. There shall be one primary pedestrian gathering focal point, and additional supporting pedestrian oriented gathering locations distributed proportionally throughout the commercial portion of the site. Open space areas and plazas shall include seating, landscaping, art, ornamentation, pedestrian scale lighting, water features, and outdoor dining. j- 1. Vehicular service stations are not permitted. Fuel pump stations are only permitted when accessory to an anchor tenant. Any approved fuel pump station shall not be oriented to the public right-of-way, and shall not exceed two fitel islands with a total of up to eight vehicular fueling positions. X. STAFF ANALYSIS AND FINDINGS 1. Any development of the BC -zoned portion of the Village at Federal Way site would have to comply with the development standards of the BC zone, in addition to any conditions imposed as part of the legislative rezone as amended. The City is in the process of reviewing the Community Business/Commercial Enterprise zoning text amendments. One of the proposed amendments would be to no longer allow bulk retail sales in the BC zone. This would prohibit high volume retail sales in a warehouse setting, which may include membership clubs. Bulk retail sales are not consistent with a village concept. 3. The City's community design guidelines include specific provisions to incorporate pedestrian areas and amenities, such as pedestrian plazas and public seating areas to be included into the overall site plan; the encouragement of retail pads adjacent to the right-of-way for multi -tenant development; and the requirement for entrance facades to front on, face, or be clearly recognizable from the right-of-way. A village concept is consistent with these guidelines. Planning Commission Memorandum Meeting Date: May 2, 2007 Village at Federal Way, Request to Amend the Rezone Conditions Page 7 4. The intent of the original conditions as outlined in Ordinance 05-490 was to avoid a strip mall concept and to develop a village concept. The increase in size of the various buildings as proposed by the amendments and as conceptually shown on Exhibit 4 should still meet the intent of the original conditions. 5. Compliance with existing City code and additional conditions of approval of the legislative rezone, either existing or amended, is consistent with a village development concept. XI. COMPLIANCE WITH FWCC SECTION 22-526 Criteria for approving a legislative rezone: The City may decide to approve a legislative rezone only if it finds that: (1) The proposal is consistent with the comprehensive plan. 1 -he proposed amendments would conforin to the conditions of the legislative rezone by providing development that is similar in design to that originally envisioned. They will also provide convenient residentially scaled shopping for residential areas and housing in the City's commercial areas close to shopping and employment. Said residential areas would be located on-site in mixed-use buildings or in townhouse style development west of the on-site wetlands. There are also older residential areas located east of Pacific Highway South. (Z) The proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed amendments bear a substantial relationship to public health, safety, or welfare because they comply with the vision of the comprehensive plan by: • Promoting development of well designed commercial and office developments. • Accommodating additional households and jobs which would help the City to meet its adopted household and job targets. (3) The proposed amendment is in the best interest of the residents of the city. The proposed amendments are in the best interest of the residents of the city because they comply with the following comprehensive plan goal and policy by proposing commercial/ residential mixed-use development in a village setting: LUG6 Transform Community Business areas into vital, attractive, mixed-use areas that appeal to pedestrians and motorists and enhance the community's image. LUP39 Encourage transformation of Pacific Highway (SR -99) Community Business corridor into a quality mixed-use retail area. Retail development along the corridor, exclusive of the City Center, should be designed to integrate auto, pedestrian, and transit circulation. Integration of public amenities and open space into retail and office development should also be encouraged. Planning Commission Memorandum Meeting Date: May 2, 2007 Village at Federal Way, Request to Amend the Rezone Conditions Page 8 XII. STAFF RECOMMENDATION Staff recommends approval of the amendments to the conditions of the legislative rezone as requested by the applicant and shown in Exhibit 3 and Section IX of this staff report. XIII. PLANNING COMMISSION ACTION Consistent with the provisions of FWCC Section 22-539, the Planning Commission may take the following actions regarding the proposed amendments to the conditions of the legislative rezone: 1 Recommend to City Council adoption of the amendments as proposed; 2. Recommend to City Council that the proposed amendments not be adopted; 3. Forward the proposed amendments to City Council without a recommendation; or 4. Modify the proposed amendments and recommend to City Council adoption of the amendment as modified. LIST OF EXHIBITS Exhibit 1 Adopted Ordinance 05490 Exhibit 2 March 16, 2007, Correspondence from Jon Potter and March 15, 2007, Correspondence from Ross White Exhibit 3 Applicant's Requested Amendments Exhibit'4 village at Federal Way Conceptual Site Plan L\Kitts ComerTlanning Commission\Transmitted Report to Planning Commision.doc Planning Commission Memorandum Meeting Date: May 2, 2007 Village at Federal Way, Request to Amend the Rezone Conditions Page 9 EXHIBIT 1 PAGE_ -OF q ORDINANCE No. 05-490 AN ORDINANCE. of "riiL: CrrY Co)(;NCII., OF TME CITY OF FEDERAL WAY, WAStlINGTON, ADOPTING-ANIENDNIF"NT:S TO TI -JE CITY'S GROWT11 t�11NA(:E\'tEN`C 1C1' CO;\9['I2E(iE1S1�'F PLAIN, APPROVING 1 CHANGE IN COMPREHENSIVE PLAN DESIGNATION AND ZONING OF APPROXIMATELY 46 ACRES LOCA`rr::D sou -m OF SOUTE1336r" STREET AND IVESr OF PACIFIC HIGHWAY SOUTH FRO;NI BUSINESS PARK MP) TO COMMUNITY BuSINcSS (RC) AND INIULTI-FAIMILY (R;14 24011), BASED ON SI'E:CIFIC CONDITIONS (AMENDING ORDINANCE WS. 91.)-43,95-248,9(,-270,98-33(1,(111-372,01-4()-Z,, 03- 442, 04-460, 04-461, 04-462). WHERLAS. the Growth Nlanagement :\ct of I�)c)U. as amended, (Chapter 36 70A RCW or `Gi\M") requires the Cite of t-ederal Way to adopt a comprellc:n�ivc pfan which includes a land use cicmenl furdudin ' a land use map), housing clement, capital facilities plan elenlent, utilities element, and transportation element (including; u'anspi�rta[ion system rnap(slt; ;uui WHrRFAS. the LIMA ;rls;_I rcytnrC.-. the Uit\ (4' kale,,!! Way ti adolit dca'clopnlc:rlt Ic'ulations irnpltnwiltrn 1 Its aanprellcnsive plan: and WHERE. --\S, the Federal Way City Council cldopted its comprehensive plan %vrth land use map (the :.Plan") on Nov(;mber :' 1 . 1995, and adopted development t'04•ukidons and a zmling Iuap impicrncrtting the Plart on luly ?. 19961 cold subsequently :imcndcd [tic cornprel'Icrrstvc plan.land use n'wp, and Zunln neap on December 23. 1992. September 14, "2000. Novcmher 1. 2001. March 27. 3003. and .Iu1y 20. 2004, and WHLRCAS. the City may consider Plan and (IevclOpment renulation arnendinems ptrlsu0:1' ti, Article IX. Chapter 22 ol'thc Federal !Nae Ci1v Calle (FWCC): and WHERE:\S. tinder RCW 36.70A. 130, the Plan and development rcOulations are suhject tO curuuulintt review and evaluation, but the Plan may he arrrende(I no more than one time per year: and WHEREAS, the Council shall be considerinc; three separate actions to amend the crnnprehen,�ive plan. all of which will be acted upon simultaneously in order to comply with RCW 36.70A.130: and WHEREAS, these actions include Ordinance No. 05-492, arnendntents to Chapter 5. " tlousi11 of the Federal4Yay COrnprrhensive Plan; and ORD 405-1190. PAGE I EXHIBI PAGE -IL -OF Wl I t: R'CA.S. d IC:: -'lCll (M � Include Ordinance No. 0i-491, approving it change in comprehensive plan (I cs I i111,11 I Oil and Id Z01) I I I L Of 4.03 acres located north of' South 3 12", S I I ect and Id east of ["Avenue South from Professional Office (PO) (() Neighborhood Business tfM.). based on specific conditions as contained in Ordinance No. Oi-191. and tlIr.,e actions include ide Ordinmicc No. 05-490. approving a change iange in coiiiprellcilsive plan designation mid zoning of approximately 46 acre.s located South of South 1 336"' Street and west of Pacific Hl'C'11Waly S0001 ff-0111 BUS111CSS PM -k- (BP) to C0111"It'llitv Business (13C) and Multi -Family (RM 2400), based on specific conditions as contained in Ordinance No. ()5-490: and Wiw,Rr;AS, as a result of chi: action, approximately 19 acres caSL of a dividing line would be designated ColikintiniLv Business M(') and approximately 27 acres wc,-;t of a (fivi(jinv line would be designated Multi- Faimix, (RNI 1400), the dividin, Imc described as a line cmcij(lin� ,i m IjNA!jll-(I,,, ri-ol-il the South 316" Street right-of-w,ly. 111w, Much tolicaw, the eastern bLlffz:j- of bVcllalld "No , as Sho\'k-11 ill the Settlement Aoreement.,ind Covenantrecorded under Recording No. 970421 I(P3 1-1paint approximately 351 feetnorth Of the south property hm; of Parcel No. 202-104-9004. at which point ,aid line follows [lie middle of the 13"' Place South extended 10 the south 1)1-01)et-Ly line: N4,. 202-104-9004; and WHF-RFAS, in April 1999, the Cily of Federal Wily accepted a ic-CILICS1 1'1'0111 four property owners (Campus Cja[MaV. N/1 L:rl I iio, Chase W N "frust, and Wright) to change the comprehensive plan and zoning of approximately .42 acres located SOU111 Of South 336"' Street and west of Pacific Highway South. thereafter known as the Kitts C01-11Cl' I-C(ILWSLI and WHEREAS- in Julie 1999, the City Council determined IIIZII the request Should be IllalyMl furtherancl added the Kitts Corner LLC, Nelson, Carson, Rines, and Slisco parcels fu the Campus Gateway. Mei-11110, Chase WN Trust, and Wright properties fora vital of'46.12 acres and WHEREAS. in July 2001, Elie City's SEPA Responsible Official issued a Determination of Nonsignificance on the 2001 comprehensive plan amendments, which included Kitts Corner; and 0i,j) f,'0S-490. 2 PAGE-3-OF.� W) IFRFAS, in Autast 001. the applicant withdrew the request for a IMUIti-Fal ill ly comprehensive plan dc..st,natton and RM zxming fi+r tfre ar0,l X(-e;t 01'01C on -Site wetland (Wet laud No. 2 as shown in the Settlement AL,,rcemem and Covenant recorded under Recording No. 970421 1043); and WHEREAS. in September 2()()1 . the applicant submitted a new application for a comprehensive plan dcsi(niation of \•alit -Family : nd zonin4, of RM 2400 for the area west of Welland No. 2: and WHERLi\S, in November 2001. the City itf Federal Way's Land UseJTransportation Committee t,ave direction that a development agreement and development plan be prepared for Kitts Corner, east of Wetland No. 2: and Will -TEAS. in March '003, per Ordinance No. 03-442, the City of federal Way adopted a cvrnprchenSive plan ticsignation and zoning of Multi -Family and RM 24001-01 them -ca we..l of \Noland No. 2. ha<e d (u) it nein; included in the uvcrall Kitt., Curncr development agreement and devclopment plan: and WMERFAS, in Septernbcr 2004. the applicant Submitted an appliceuoll for approval ()I';l development agreement and development plan fur Kitts Corncr; and WHEREAS, in [March 2005. a SITA -\ddcndlurn \vas issued for Kitts Corner_ and WHEREAS, in March 200, the City:int ruled the applicant that they were initiating a le�-islative (:uin11reftensive plan amendment and conditional rezone: and WHEREAS, the proposed Kitts Curncr legislative comprehensive plan amcnclntents and conditional rezone address ail of the goal~ and rcgltircnu:nt, .,et forth in the -(;MA: and WHEREAS, the City of Federal W';;y. through its Staff, Planning Commission. City Council committees. and full City Council has received, diiscussed, and considered the testimony. written comments, and material from the public- as follows: On September 19. 2001, the City's Planning Commission considered the Kitts Corner request for a comprehensive plan designation of Community Business and zoning of' BC. based on a development atreemcnt for the area east of Wetland No. 2: Oitt> 905-490. 3 EXHIBIT I PAGEL4-OF� 0n November 6 and Novemlicr 20, 2002. the City's Planning Commission considered the Kitts CCJInCr request fora comprehensive plan designation of Multi -Family and 7onmg of RM 2400 for the area west of Wetland No. 2. based on its inclusion in the development agreement and development plan to be prepared for the site; On May 2, 200.5, the Land Use/Transportation Committee of the Federal Way City Council considered tl,e request to change the comprehensive plan designation and zoning of approximately 46 acres located south of South 336"' Street and west of Pacific Highway South from Business Park (BP) to Community Business (BC) and Multi -Family (RM 2400)- with approximately I acres located east of the 13"' Place South extended right-of-way to be designated Community Buiness (BC) and approximately 23 acres located west of the 13:" Place South extended 61011t -of - way to be designated Multi -Family (RM 2400), based on conditions recommended by staff; following which it recommended adoption of the staff recommendations; 41. 0n flay 17. 2005, the full City Council considered the request to change the comprehensive plan lean nauon and zoning urapproximately 46 acres located south of South 336"' Street and west of Ilighway S(;)uth front BnS111CSS Park (R P) to Community Business (BC) and Multi -Fancily (R!v1 2400). At that time based on it request by the applicant, the Council considered it modified rcque't to allow approximately 19 acres located cast of it line extending southwards from the Satoh 336"' Street right-of-way, said line following the eastern buffer of Wetland No. 2 as shown in ttte Settlement Aoreement and Covenant recorded under Recording No. 970421 1043 to a point approximately 351 feet north of the south property line of Parcel No. 202104-90(1-I. at whir_h point sai(I line follows the middle of the 13"' Place South extended right-of-way to the south property line. of Parcel No. 202104-9004 to be designated Community Business (BC) and approximately 27 acres located west of this line to be designated Multi -Family (RM 2400): and 5. On June 7, 2005, the full City Council again considered the matter at its meeting: and WIIf-REAS, the City Council desires to approve the change in comprehensive plan designation and zoning of approximately 46 acres located south of South 336x' Street and west of Pacific 1'111"hway South from Busin(ss Park (Bl') to Cornrnunity Business (BC) and ;Multi-Farnily(RM 2400): based on specific conditions as contamed to Section 2 of this ordinance. NOW. 1-HFREFORf, the City Council of the City of Eederal Way, Washington. does hereby ordain as Follows: ORI, 405-400. t AI4,. 4 EXHIBIT_____ PAGE._.I-OF_3_ SectionI . Findin; i, A. The proposed amendments to the comprehensive plan map, as set forth in Exhibit A attached hereto, to change the comprehensive plan designation and zoning of approximately 46 acres located south of South 336'+' Street and Qwest of Pacific Highway South from Business Park (BP) to Community Business (BC) and Multi -F=amily (RN -1 2400), based on conditions of approval set forth in Section 2 below will allow development of the site in response to market conditions and the Council's vision for development of the site, while providing for transportation facilities to serve the site and improving circulation in the vicinity, and therefore bears a substantial relationship to public health, safety. and welfare; are in the best interest of the residents of the City: and are consistent with the requirements of RCW 36.700, the Kinn Countv Countvwide Planning Policies, and the unamended portion of the Plan, 13. The proposed amendments to the comprehensive plan map. as set Forth in Exhibit .A attached hereto. are Compatible with adjacent land uses and will not negatively affect open space, streams, lakes, or wetlands, or the physical environment in general. They will allow for growth and development consistent with the Plan's overall vision and with the Plan's land use element household and jnh projections, and will allow reasonable use of pr()pCrty subject to constraints necessary to protect environmentally sensitive areas. "they therefore bear a substantial relationship to public health, safety. and welfare; are in the hest interest of the residents of the City: and are consistent with the requirements of RCW 36.70A, the King County Countvwide Planning Policies, and the unamended portion of the Plan. C. The proposed amendments to the Zoning Map. set forth iai Exhibit B attached hereto, are consistent with the applicable provisions ol'the comprehensive plan and the comprehensive plan land use map proposed to he :uneniletl in Section 3 below, bear a substantial relation to public health, safety. and welfare. and are ,n the hest interest of the residents of the City. Section 2. Condition~ of Approval. The request to change the comprehensive plan designation and zoning of approximately 46 acres located south of South 336"' Street and west aC Pacific Highway South from ORD 11'05- 190. PAGF. ; EXHIBIT � PAGE--A-OF�_ Business Park (BP) to Community Business (BC) and Multi -Family (RN/l 2401.1). \,,X illi approximately 19 acres to I,c designated Community Business (BC) and approximately 27 acres to be designated Multi -Family (RM 24(10), shall be approved based on the following conditions: Prior to construction of any new buildings, a sincle Master Plan for the entire Multi - Family (RM 2400) and Community Business (BC) zoned site shall be submitted to and approved by the City. Application for critical area intrusions as applicable is also required in conjunction with master plan review. A project action ,State Environmental Policy Act (SEPA) review shall also be conducted in conjunction with master plan and critical area review. Subsequent to Master Plan approval, building dcsrgn and minor modifications to the site plan shall be reviewed via a Process It, Site Plan Review. For the purposes of the Master Plan. the subject site is comprised of the following parcels: 202104-9069, 202104007(1.202 104-90() 1, 202104-9090, 202104-9086: 202104-9080, 202104-9072, and 202104-9004. 2. The Master Plan shall be developed with a cohesive and integrated design that promotes the following: a. Pedestrian scale, and pedestrian orientation and massing, of buildings. b. Site -wide pedestrian connectivity. C. Building massing shall be desicned to avoid larce expanses of parking :u-cas adjacent to anWor visible from the public right-of-ways. On-site parking shall not be allowed between buildings and public ri�ht-of-ways, except the Director of Community Development Services may approve one double - loaded parking row between a building and right-of-way due to extenuating circumstanecs. d. The appearance of strip commercial development shall be minimized by breaking lar eve linear buildings into numerous smaller buildings. C. The commercial portion of the site may include a maximum of two primary anchor buildings. `I -he individual anchor buildings are permitted a maximum 50,000 square feet of building* footprint, and the total gross floor area of all anchors shall not exceed 100,000 square feet of gross floor area. Anchor facades shall not exceed a width to depth ratio of 1.5:1. f. Non -anchor buildings should not exceed 10,000 square feet of building footprint. The Director of Community Development Services may approve a maximum of two. non -anchor buildings in excess of 10,000 square feet of building footprint, up to a maximum of 20,000 square. Deet of building fomprim each, when the applicant demonstrates the following: (i) The additional square footage is necessary to accommodate the needs of a specific tenant. O!tn Wli--190. Pnrf:6 EXHIBIT__J- PAGE-7_OF�_ (Ii) The facades of the structure, include si`;nificant suucturai modulaticm equal if.) :it least tCrr InaVicent of the Ir.n�Ith of the subject facade. (iii) The overall design of the building is consistent with the pedestrian scab and inte�r<ned design of the overall site. (iv) Non -anchor facades shall not exceed a width to depth ratio of 2:1. g. Primary commercial building entries shall be clearly visible and recognizable from the public right-of-ways; or active building facades, including windows and pedestrian scale tlesi.n amenities such as screenin1g, plazas, or art features such as trellises, artwork. murals. landscaping, or combinations thereof, shall be required fronting the right-of-way. h. On -street parallel parking is encouraged where feasible. L A minimum of five percent of the gross land area of the commercial portion of -the site shall be pedestrian -oriented open space. There shall be one primary pedestrian gathering focal point, and additional supporting pedestrian -oriented Gathering locations distributed proportionally throughout the commercial gonion of the site. Open space areas mud plazas Shall include: seating, landscaping, art, ornamentation. pedestrian scale lir?hting, water features, and outdoor dining. j. Vehicular service stations are lint permitted. Fuel pump stations are only peunitted when accessory to an anchor tenant. Any approved fuel pump station shall not be oriented to the public right- of-way. and shall not exceed two fuel islands with a total of up to eight vehicular fueling positions. 3. Development of the site shall include design, construction, and dedication of the followinga public roadways in accordance with appropriate FWCC street sections: a. 13'h Place South from South 336i' Street to the south property line: b. South 340"' Street from Pacific High%vay South to the intersection of 13"' Place South extended; C. A roadway connecting from South 3-16"'Street through the residential area, connecting to 13"' Place South extended. These public roadways are necessary to serve the proposed development and shall be constructed as outlined below. Additional conditions (on-site and off-site) intended to mitigate significant adverse environmental impacts may be required as determined through the SEPA process and will be applied to any proposed project in the future. a. Prior to occupancy of any residential building on the site, South 340"' Street from Pacific Highway South to the intersection of 13"' Place South extended, and the roadway within the residential area connecting to South 336"' Street, shall be constructed to meet all applicable standards. Traffic calming ORo 40.5-490. PnGF 7 EXHIBIT--J- PAGE-1-OF-4- devices XHIBIT1PAGE-1-OF_4- devices such as speed humps. speed tables. traffic circles, chicanes, curb extensions, signs, paverlient inai kim"s. orothercaimint! devices as approved by the Public Works Director shall be incorliorated within the residential roadway. Signal modifications at Pacific Highway South and South 340"' Street intersection may be required to provide safe access. Alternatively, the developer may construct the extension of 13'" Place South frorn South 336"' Street to its intersection with the proposed residential road as a traffic circle This would eliminate the need for the construction of South 340''' Street From Pacific t-lighway South to the intersection of 13"' Place South extended, and the segment of 13"' Place South between South 340"' Street and the intersection of the residential roadwav (traffic circle). b. Prior to occupancy of any commercial building, 13"' Place South from South 336"' Street to the south property line, and South 340"' Street from Pacific Highway South to the intersection of 13"' Place South extended. shall be constructed to all applicable standards. A new traffic signal (South 336"' Street & 13"' Place South) and/or signal modifications (Pacific Highway South & South 340"' Street) may be required as determined through the SEPA process. 4. All nCw public streets shall include traffic calming features. 5. (Jscs other ilian multi -unit housirte and day care factGtie.S that aic otherwise permitted in the RM zone are not allowed. 6. The multi -family portion of the site, west of Wetland No 2, shall be accessed from one location along South 336"' Sheet and shall include a public roadway connecting through the residential area, across the existing berm ol" Wetland No. 2, and connecting to 13"Place South extended. 7. No more than one anchor building, or a maximum of 75,0011 square I`eet of commercial building area, may receive a Certificate of Occupancy on the site without the prior consmiction of' a minimum of 75 residential units. 8. The residential area shall be designed to minimize reception of potential noise impacts from adjacent nonresidential uses. Section 3. Comprehensive Plan Amendments Ado ttion. The /995 CitY of Federal Wat• Comprehensive Plan, as thereafter amended in 1998, 2000, 2001, 2003, and 2004, copies of which are on til. with the Office of the City Clerk, hereby are and shall be amended as set forth in Exhibit A attached hereto. Section 4. Amendment Authority. The adoption of Plan amendments in Section 3 above is pursuant to the authority granted by Chapters 30.70A and 35A.63 RCW, and pursuant to PWCC Section 22-541. Qsn 1105-490. PMA: 3 EXHIBIT- -PAGE-4-OF invalidity of any clause, sentence, paragraph, subdivision. section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall riot affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 6. Savings Clause. The 1995 City of Federal Way Conipreherrsive Plan, as thereafter amended in 1998, 2000, 2001, 2003, and 2004 shall remain in force and effect until the amendments thereto become operative upon the effective date of this ordinance. Section 7_ Ratification . Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 8_ Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. PASSt.D by the City Council of the City of federal Way this 7th lune 2005. - --- CrtY OF f -E -RAL WAY Mayor, Dean McColgan A-rr 'I City Clerk, N. Christine Green, CMC APPROVED ASTO FORM: City Attorney, Patricia A. Richardson FILED WITH THE CrrY C I-ErtK: 5/31/2005 PASSED BY THE CITY COUNCIL: 6/7/2005 PUBLISHED: 6/11/2005 EFFECTIVE DATE: 6/16/2005 ORDNANCE No: 05-490 clay of L12004 Comprehensive PIan12004 UpdatelCty Councd\2nd Reading of Ordinance\Kitts Corner Adoption Ordinance.dod501/2005 3.31 PM OP,D p 05-490 PAGE 9 EXHIBIT A a; k6k TO ADOPTIOP ®RDIINANCE cv 3: U) LL 0 0) W 00 C: oj U) lam -A C. LL C) U) Q) 3: CC �7 c C\, cn C> r) c C4 C: de" AIMIDIA N ON ............. Cj CO I. -LL c) CL. CN F C', 45 0 U) C) -c C E i5 E c 12 CC O U)al 0 E 6 — wr 0 . rii L13 : 6 -R z 6 Cl CO - = '. 2 CL co a) E 'o 6 z Yff,' v L) mc 0 :tor C: C> COL g. tL :, -- .0 C'> 5 E FF-- EXHIBIT B df IkkAot I CEO ADOPTION ORDINANCE C N v _C �_' IC Q) CL U 01 1p m� LC � a) U) D > s`a.3 70. 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Federal- Way Village, LLC March 16, 2007 Greg Fewins Deputy Director of Community Development City of Federal Way 33325 Eighth Avenue South Federal Way, Washington HAND DELIVERED Re: Village @ Federal Way - Anchor Store Size Limit Request Dear Greg: EXHIBIT-!— PAGE--L-OF-&-- Thank XHIBIT=PAGE--_OF_1-- Thank you for your consideration to amend the rezone conditions that limits the anchor(s) to 50,000 s.f. footprint(s) and 100,000 s.f. GFA. I attached a letter from Ross White who is working with our local realtor Michael Swanson. Ross has been representing our project on a national level. He is one of Coldwell Banker's leading commercial retail brokers nationally. His office has been the number one commercial sales and leasing office for Coldwell Banker for the past six years. You are welcome to call him in Salt Lake to get his thoughts regarding the size of anchors needed to generate interest from other retailers and his experience with Village developments. Ross took the position that 80,000 s.f. should be the maximum footprint. We know from the numerous site plans prepared by Donahou Design that we will not be able to create a village appearance with a building that big. We also know that there has been no interest by any retailer with a 50,000 s.f. footprint or smaller that is considered an anchor by other smaller prospective retailers. All retailers we have spoken with that have 50,000 s.f footprints or smaller have either not been interested in the Federal Way Market or require an anchor that will generate sufficient traffic to warrant consideration of our site. As I indicated to you we have a prospect that is just under 60,000 s.f. that would fit the bill. We would like to build a margin into the maximum size requirement in the event we are unable to reach an agreement with this prospect. We are comfortable with the understanding the City's design review process will ensure whatever anchor we propose for the site will meet the village appearance criteria. I would like to see something in the 70,000 s.f. footprint and 130,000 s.f. GFA range. We will focus our efforts to keep the anchor(s) to a smaller size and we will work closely with you to ensure whatever anchor we bring to the table meets the design review criteria that ensure a strong pedestrian orientation and a village appearance. Thank you for your consideration. IoScerely, Potter Attachment 3611 29"' Avenue West Seattle, Washington 98199 Phone: (206) 579-0088 Fax: (206) 284-6099 NIiT EXHIBIT- !-PAGE-2.-OF._.�.e March 15, 2007 Greg Fewins Deputy Director Community Development City of Federal Way 33325 80' Avenue South Federal Way, WA 98063 Greg: Please allow me to introduce myself, my name is Ross White, I am an Associate Broker with the National Retail Group of Coldwell Banker Commercial based in Salt Lake City. My office is working in partnership with the Federal Way office of Coldwell Banker Commercial and Michael Swanson of that office in the development of The Village @ Federal Way located on 336th Street and Pacific Highway South_ The Village @ Federal Way will be a mixed use, pedestrian friendly village concept development with several important qualities of a typical "lifestyle center". Our concept and our intentions are not to develop a "big box" shopping center, we would prefer to complement the existing "big box" developments in the immediate area rather than directly compete with them. In reference to the often misused term "big box", a true "big box" tenant is in excess of 80,000 square feet and typically becomes a category killer, selling everything under one roof from clothes to toys to toasters to milk. The Village @ Federal Way will not be a home to these types of tenants. Our focus is to attract an anchor retailer that excels in one area of business, such as clothing retail or entertainment as a destination. There are a few of these tenants that have footprints close to the 80,000 square feet size, but would not be considered by themselves or anyone else as a "big box". The Village @ Federal Way will be a combination of "mid box" tenants and typical small shop and free standing pad retailers and restaurants. A "mid box" retailer is any building footprint between 15,000 and 80,000 square feet. This is a fairly standard description in retail development across the country. "Mid -box" retailers that we hope to attract to The Village @ Federal Way will include (but certainly will not be limited to) such categories as sporting goods, home furnishing, entertainment, fitness/gym concepts and potentially high end grocery. Many of these require footprints to their buildings in excess of 50,000 square feet as a requirement, however as you can see, they specialize in their industries and would not be considered a "big box" regardless of their footprints. Our desire is to have two of these "mid box" retailers within The Village @ Federal Way and complement them with the mixed use of smaller retailers, office space and free standing buildings. I would be happy to discuss The Village @ Federal Way with you at your convenience should you have any further questions, we look forward to being an exciting part of a growing Federal Way, Washington. Sincerely, Ross Waite Associate Broker National Retail Group Salt Lake City FCtn C"1114 MTI I Rnry nRTVF VITTF ?An CAI T I AV rTTV IITAH 94171 PN(1NF RM Q47 RIAA FAX RA1 QA7 R201 EXHIBIT_____ PAGE___L_OF..L_ e. The commercial portion of the site may include a maximum of two primary anchor buildings. The , area.feet of building feotpFint, and the total gFoss floor area of all anehE)Fs shall n These anchors shall not exceed 140,000 square feet of gross floor area excludinjz integrated structured parking The maximum footprint of any one anchor shall not exceed 80,000 square feet Anchor facades shall not exceed a width to depth ratio of 4-44.1.25: 1. f. Non aneher- buildings should not exceed 10,000 squafe feet of building feetpriFA-. Commercial/mixed use buildings should not exceed 30,000 square feet of building footprint (excluding integrated structured parking) and shall not exceed a width to depth ratio of 1.5:1. g. Commercial/residential mixed use buildings should not exceed 12,000 square feet of building footprint (excluding integrated structured_ parking) and shall not exceed a width to depth ratio of 2:1. h. Non -anchor, non -mixed use buildings should not exceed 10,000 square feet of building footprint. The Director of Community Development Services may approve a maximum of two, non -anchor, non -mixed use buildings in excess of 10,000 square feet, up to a maximum of 20,000 square feet each, when the applicant demonstrates the following: (i) The additional square footage is necessary to accommodate the needs of a specific tenant. (ii) The facades of the structure include significant structural modulation equal to at least ten percent of the length of the subject fagade. (iii) The overall design of the building is consistent with the pedestrian scale and integrated design of the overall site. (iv) Non -anchor, non -mixed use facades shall not exceed a width to depth ratio of 2:1. O O ti = z° Q W �Q F Q cc O ~ w ° F -x g �� mmmm�mmmm�mlmnmmm;nmomunomno R E Q m I m i 1 1 I-' � -I I—ff —•- -- I- I-- z°� $$ t a A 0 i r afi ff n COUNCIL. !MEETING DATE: June 5, 2007 ITEM #: _.._ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SHORELINE MASTER PROGRAM UPDATE POLICY QUESTION: Should City Council pass a resolution approving amendments to the city's Shoreline Master Program (SMP) and authorizing submittal of the SMP to the Department of Ecology for their formal review/approval" COMMITTEE: LUTC MEETING DATE: May 21, 2007 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT Bv: ISAAC CONLEN, ACTING SENIORPLANNER DEPT: CD Attachments: A: Staff Report B: Adoption Resolution C: Draft SMP (as recommended by Planning Commission and incorporating responses to agency review comments) consisting of- t . f:1. Shoreline Goals and Policies 2. Shoreline Environment Designation Map 3. Shoreline Regulations 4. Shoreline Restoration Plan Discussion: State law requires the city to update the SMP periodically. King County jurisdictions must complete the update by 2009. The city obtained $153,000.00 of "early adopter" grant funding from Department of Ecology to complete this project. Pursuant to our grant agreement we must complete our update by June 30, 2007. The Planning Commission has forwarded a recommendation for approval of a draft SMP. Following the Planning Commission action, staff met with Department of Ecology staff and discussed preliminary review comments provided by the Department and other state agencies. Exhibit C reflects changes to the SMP to address those comments. Please refer to the attached staff report (Exhibit A) for detailed analysis. Due to the volume of background material associated with this update we have limited your packet to the main elements of the proposal. Additional SMP materials are contained in an SMP binder located in the City Council Conference Room for your reference, which includes-, Inventory and Characterization Report, Cumulative Impacts Analysis, Public Participation Plan, Critical Areas and Flood Protection Appendixes, SMP Definitions, Planning Commission recommendation, SEPA checklist and decision, CAC minutes, and draft Planning Commission minutes. Options Considered: 1. Recommend City Council pass a resolution approving the amended SKIP and authorizing submittal to Department of Ecology for their formal review/approval. 2. Recommend City Council pass a resolution approving the amended SMP with specific changes and authorize submittal to Department of Ecology for their formal review/approval. STAFF RECOMMENDATION: Recommend Option l . CITY MANAGER APPROVA DIRECTOR APPROVAL: Cot11.' �.J Council Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member Proposed Council Motion: (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERREDNO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # � -y � Adolfson5309 Shilshole Avenue NW -�nrnrov.adolfson cc, �{�j1 Suite 200 Seattle, WA 98107 206.789.9658 phone 206.789.9684 fax memorandum date May 14, 2007 to Isaac Conlen, Planner LUTC from Teresa Vanderburg and Kent Hale subject Federal Way Shoreline Master Program (SMP) Update — Summary for the Land Use & Transportation Committee (LUTC) Starting in 2006, City staff and ESA Adolfson (Adolfson) have been working to conduct a comprehensive update of the City of Federal Way's Shoreline Master Program (SMP), as required to be consistent with the new shoreline guidelines from the state (WAC 173-26). This memorandum summarizes the following aspects of the project: the background, the state mandate requirements, the progress made to date (including public involvement), recommended revisions to the SMP, and agency comments. Background The City of Federal Way adopted King County's Shoreline Master Program at the time of incorporation in 1990. In 1998, the City developed and adopted its own SMP that was integrated into the Federal Way Comprehensive Plan and City Code. The existing Shoreline Master Program was last updated in 1999. The existing SMP governs development within the City limits along the marine shoreline of Puget Sound, as well as Steel Lake, the northwestern shore of Lake Killarney and North Lake. Shoreline management goals and policies are contained in the land use element of the Federal Way Comprehensive Plan (FWCP, Section 2.8.5). Shoreline development regulations and permitting procedures are codified in Chapter 18, Article III, of the Federal Way City Code (FWCC 18 —161 through 18-176). The City is updating its SMP with the assistance of a grant from the Washington Department of Ecology (Ecology) (Grant Agreement No. G0600119). The grant has stipulated the delivery of different pieces of the SMP package throughout the past year, and requires that a draft SMP be adopted or passed by resolution by the end of June 2007. The Ecology grant requires that the City plan for the shorelines of the state that lie both within the City limits and the Potential Annexation Area (PAA) to the east of the city. The updated SMP will cover both shoreline areas within the City limits and those in the PAA. Lakes subject to shoreline regulation in the PAA include Star Lake, Lake Dolloff, Five Mile Lake, Lake Geneva, and a portion of Lake Killarney. Lakes or portions thereof in the PAA are currently regulated under the King County SMP. By including the PAA in the updated SMP, the City's regulations will take effect at the time individual properties are annexed to the City. The shorelines considered in the Federal Way SMP update include 4.8 miles of marine coastal Puget Sound, which are classified as "shorelines of state-wide significance". and 12.1 miles of freshwater lake shoreline. Lakes located in current city limits that are subject to SMP jurisdiction include Steel Lake, North Lake and a portion of Lake Killarney. A total of 7 freshwater lakes over 20 acres are located in the City and its PAA. No streams within the City meet the SMA regulatory criteria (i.e., having a mean annual flow of 20 cubic feet per second or 0 Staff Report/LUTC May 14, 2007 Page 2 of 4 greater). The shoreline jurisdiction includes all lands and waters within 200 feet of the ordinary high water mark of the shorelines listed above, including wetlands and floodplains "associated" with these shorelines. Summary of State Mandate The primary responsibility for administering the Shoreline Management Act of 1971 is assigned to local governments through the mechanism of local SMPs. In 2003, new shoreline master program guidelines were passed by the Washington State Legislature through Substitute Senate Bill (SSB) 6012. Cities and counties are now required to amend their local shoreline master programs (SMPs) consistent with the Shoreline Management Act (SMA), Revised Code of Washington (RCW) 90.58 and its implementing guidelines, Washington Administrative Code (WAC) 173-26. The guidelines require that local SMPs shall identify, inventory and protect current and potential ecological functions provided by the shorelines within the jurisdiction. Local SMPs shall include policies and regulations designed to achieve "no net loss" of these ecological functions. At the same time, a major policy goal of the SMA is to encourage and promote public access and use of the state's shorelines, as well as providing for water -oriented uses (such as marinas and water -dependent industry). The determination of shoreline ecological functions is to be based upon the "best available scientific information" and does not require creation of new data or additional field surveys. Mitigation is required to offset any adverse impacts to ecological functions in the shorelines resulting from allowed uses under the City's SMP. A first step in the comprehensive update process is development of a shoreline inventory and characterization. The inventory and characterization documents current shoreline conditions and provides a basis for updating the City's SMP goals, policies, and regulations. This characterization allows the City to identify existing conditions, evaluate existing functions and values of its shoreline resources, and explore opportunities for conservation and restoration of functions. A shoreline inventory and characterization report and map folio were prepared by Adolfson with technical assistance from EnviroVision Corporation, Coastal Geologic Services, and Shannon & Wilson, Inc. In addition to the shoreline inventory, the new guidelines also require that a restoration plan and cumulative impacts analysis be developed. The restoration plan identifies degraded shoreline areas, establishes restoration policies, and recommends restoration priorities in the shoreline. Restoration opportunities are typically voluntary. The City must then evaluate reasonably foreseeable future development in the shoreline and analyze whether or not cumulative impacts may occur under the provisions of the updated SMP. Evaluation of cumulative impacts must consider the current circumstances affecting the shorelines and the beneficial effects of other established regulatory programs. The 2003 Shoreline Master Program Guidelines are available on the Ecology Shorelands web page at http://www.ecy.wa.gov/programs/sea/sma/guidelines/index.htiiil. SMP Progress To Date To conduct the SMP update, City staff and Adolfson have prepared draft components of the City's SMP, worked with a Citizen's Advisory Committee (CAC), sought review from a Technical Advisory Committee (TAC), and presented findings to the Planning Commission. A public Open House was held on June 7, 2006 to introduce the process to shoreline residents and the public at large. The Open House was advertised with direct mailings to all shoreline owners as well as notices on the City's website. Six meetings were held with the CAC between July and December 2006. Citizen comment was integrated into the shoreline inventory, shoreline environment designations, and goals & policies section of the SMP. Technical documents were routed to the TAC, including Ecology staff, for review and comment. 2 Staff Report/LUTC May 14, 2007 Page 3 of 4 As per our Ecology grant deadlines, the following components of the Draft SMP were delivered to Ecology and the TAC: • Public Participation Plan (March 2006) • City of Federal Way Shoreline Inventory & Characterization Report (August, 2006) • City of Federal Way Restoration Plan (December, 2006) • Draft Shoreline Goals & Policies (December 2006) • Shoreline Environment Designation Map (December 2006) • Draft Shoreline Regulations (January 2007) • Cumulative Impacts Analysis (January 2007) • SEPA Environmental Review (March 2007) Review comments were received from Ecology on March 15, 2007. Comments from other agencies were received in the fall of 2006 and spring 2007. Three meetings were held with the Planning Commission to present findings and discuss recommendations. The Planning Commission meetings were held on February 14, March 28, and April 4, 2007. A public hearing was held during the April 4 meeting. Planning Commission meetings in March and April were advertised with direct mailings to all shoreline landowners. Recommended SMP The Planning Commission review resulted in recommended changes to the goals, policies, and regulations sections of the Draft SMP. The changes are summarized as follows: • Change the shoreline environment designation for the Lakota Beach area of the marine shoreline to Shoreline Residential, instead of Urban Conservancy, based upon public comment. • Clarify policies regarding free-standing cellular towers in shoreline areas. • Allow floating breakwaters where associated with allowed public boat launches. Comments have now been received on the draft SMP from Ecology and other members of the TAC, including King County, Washington Department of Fish and Wildlife, and Washington Department of Natural Resources. A meeting with our Ecology technical representative, Ms. Sandra Lange, was held on April 20, 2007 to discuss these comments. The shoreline environment designations, goals & policies, and regulations presented in this packet have been revised to address Ecology comments. The following areas of the SMP have been updated to satisfy the state mandate: 1. New shoreline environment designations; 2. New focus on "no net loss" of ecological functions in the shoreline; 3. New mitigation requirements, including mitigation sequencing, for impacts to shoreline functions; 4. Integration of the critical areas ordinance into the Draft SMP as an appendix; 5. Vegetation conservation requirements in the shoreline setback; 6. Clarification of dock/pier standards; Staff Report/LUTC May 14, 2007 Page 4 of 4 7. New restoration plan (and recommendation for a new city-wide restoration program). Additional changes were also made to the goals & policies and shoreline regulations to provide better usability and code clarity: • General code re -organization; • Clarification of the shoreline exemption process; • Modified language for use of the "stringline setback"; and • Changes, as requested by the Planning Commission, to relax restrictions related to replacement/repair of non -conforming structures. Summary Overall, the proposed changes have been drafted to meet the state mandate, but also with consideration of existing land use and development patterns. Permitted uses in shoreline areas (primarily residential) have not been changed. Proposed setback requirements are very similar to current setback requirements. Ability to construct docks, floats and shoreline stabilization improvements remains in -tact. Significant new provisions include requirements for vegetation retention in new developments, requirements to mitigate development activities that cause "net loss of ecological functions" and requirements for more ecologically friendly design of shoreline modifications like docks, etc. The SMP includes a new restoration plan, based on voluntary participation and incentives. The goal of City staff is to seek adoption or Council approval of the Draft SMP by June 2007, the end of the Ecology grant funding. Following the adoption of the Draft SMP at the local level, the SMP will undergo formal review by Ecology for final approval. 4 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ESTABLISHING INTENT TO ADOPT UPDATES TO THE FEDERAL WAY SHORELINE MASTER PROGRAM . FOLLOWING REQUIRED DEPARTMENT OF ECOLOGY REVIEW AND APPROVAL, WHICH MAY RESULT IN ADDITIONAL AMENDMENTS IF MUTUALLY AGREED UPON BY CITY 'COUNCIL AND DEPARTMENT OF ECOLOGY. WHEREAS, the City adopted its Shoreline Master Program (SMP) in 1994 and amended it in 1998; and WHEREAS, state law requires cities in King County to update their SMP by January 1, 2009; and WHEREAS, the city obtained an `Early Adopters' grant from Department of Ecology in the amount of $153,000 to update the SMP and the terms of the grant require that City Council act on an updated SMP by June 30, 2007; and WHEREAS, the updated SMP includes a scientific inventory and characterization report, goals and policies, shoreline environmental designations, regulations and administrative procedures, a restoration plan and a cumulative impacts analysis; and WHEREAS, the; updated SMP is in the best interests and general welfare of the City of Federal Way because it provides for the protection of sensitive shoreline areas while allowing appropriate uses and activities in shoreline areas and includes a plan to restore degraded areas of the shoreline; and WHEREAS, the updated SMP will apply to all jurisdictional shorelines within City limits and will apply to all jurisdictional shorelines within the city's Potential Annexation Area (PAA), upon the effective date of annexation of the PAA or any portion of the PAA; and WHEREAS, pursuant to the State Environmental Policy Act (SEPA), on March 31, 2007 a determination of Nonsignificance was issued by the city's SEPA Official and the appeal period expired on April 28, 2007; and WHEREAS, the city has incorporated public input into the update process by preparing a Public Participation Plan, holding a public open house, forming a Citizens Advisory Committee, holding public Planning Commission meetings, holding a public hearing before the Planning Commission, developing a SMP update web page, providing notice of meetings by mail and other means and maintaining an SMP mail list; and WHEREAS, the city incorporated technical feedback on SMP update by forming a Technical Advisory Committee to review draft products and provide comments and feedback; and 111 WHEREAS, the City Planning Commission considered the updated SMP at their meetings of February 14, 2007, March 28, 2007 and held a public hearing on April 4, 2007, and forwarded a recommendation to approve, with minor modifications, the updated SMP; and WHEREAS, following passage of this resolution the updated SMP will be transmitted to the Department of Ecology for formal review; and WHEREAS, following Department of Ecology review the city will work cooperatively with Department of Ecology to agree on a mutually acceptable version of the SMP and upon agreement of such version City Council shall pass an ordinance adopting the approved SMP; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Public Interest. The best interests and general welfare of the City of Federal Way are served by enacting the updated SMP because the SMP provides for the protection of sensitive shoreline areas while allowing appropriate uses and activities in shoreline areas and includes a plan to restore degraded areas of the shoreline. Additionally, the updated SMP addresses Potential Annexation Areas so that residents in these areas have predictability with regard to future SMP requirements and policies. Section 2 Department of Ecology Review/Approval. Following passage of this resolution, the updated SMP will be transmitted to the Washington State Department of Ecology (WDOE) for formal review and approval. Following WDOE review the city will work cooperatively with the Department to agree on a mutually acceptable version of the SMP and upon agreement of such version City Council shall pass an ordinance adopting the approved SMP. Section 3. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 4. Ratification. Any act consistent with the authority, and prior to the effective date, of the resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this day of 2007. CITY OF FEDERAL WAY Mayor, Michael Park ATTEST: City Clerk, Laura Hathaway, CMC APPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION No: CHAPTER #. SHORELINE MASTER PROGRAM Purpose to develon and administer local Shoreline Master Prw ra1A ('ps) fbr regulation of the standards and criteria for thou regulations. '.[he local plan for local shoreline areas that includes Lwals ani the State SMA. Thelxarelr}M a+}aer}e}}t �S ;eeight elements that, if appropriate to the c9 , the development of area -wide shoreline goals: Th�ey r development, public access, conservation, recreation, include any other elements which, appropriate to effectuate the policy Residential land use of share of the developed, zoned to allow use o identifies seven4and-gid nuraity, are to be dealt with in lucre: shoreline use, economic ki,oiical/cultural, and •ogt-ams are also encouraged to As or future needs, are deemed Way makes up the largest Her lots presently The follow g comp` e�h, ve set' o£shprq& goals and policies provide the foundation d fra_;_ ev�o on yv = re th ,'balance of the master program has been based . -m -4h i i}'6t'}'}:'V'i .Yt� 1 l or 11 elti}e tricrircif i-E}F3 evele-11--wel +c u« `wt a 1� �s The policies co Laine h r nl .. ears enforced through theArticle 11H, Shoreline Man.aaeme a 'ally tjl.er applicable chapters of the FWCC. Shoreline Use Element eats -w-. This element addresses the distribution, location, and extent of:. / use of shorelines and adjacent areas for housing, recreation, transportat bn, office, public bEtil�dbuildin.,s, utilities, education, and natufnl rescan}rees—�} :tet=of the w -a uses. The shorelines Federal Way.... more } iticlsusc.d for 1_esidentia1 purposes than_ for ally_ other use. Much of the Undeveloped shoreline is priv_atcho_wned. *sa ativities t�oefeed ire-t}tis }gaster preanr subdivided into small lots and zoned to perm.i.t residential development. Goal DRAFT Goals and Policies Federal Way Shoreline Master Plan PC Apbroved + Response to Ecology Comments Page 1 6/ 5/15/200754,4`2007 LVG9SAJ IPG F't�lti t=derelc r hr�relira a }c„•,,..,, ,.t ,..,a.• „=d �;;l rrr t ^F^ ?II&Ithat Z= 4i;ie ii e:S-ik'4 i- }finiinel a e �e effec;E etr tFre t +frlrf f lif t Iter, rtfrd-en-I-ff r+eh-t-Shoreline tE iifc areas shall pertnit a variety ofheusin,- di>j elnpl?,<<rtt type�s'i accordance ivi_th the (-itv v--nnin(y ('nntnrolue, vivo PJnn. Plan desivuations.—,w4 ,{Designs_-it'r- h densities, and locationsor all al consider physical and natural features rr the slte text also integratea trorn former-Nesiuenuai4g.ie-nre Policies IA44'�SMPP1. Shoreline land and water areas appropriate uses should be designated A reserved 1 LVA-BSI•I_P:P2 Shoreline 1 d aid kater uses and physical needs of the' regional population:,,but s avoid, to the rly suited for specific and uses. satisfy the economic, social, not exeeed the ,,,,.:s,.. , ctions in the shoreline areas. lam'-5-2�<INT MP3 rlikg or compatible , shoreline uses should be clustered or distributed in a rational manner, rather hn allowed to develop haphazardly. ATF -5.3 Nr l'PA Multiple dses'ofishoielme should be encouraged where location and inteerraiiort of dompatibie ruses ori activities are feasible. uses or activities that will have an adverse effect r OF 698106 f jP$on-residential uses or activities that are not shoreline dependent should bt encoura ed to locate or relocate away from the shoreline. 1(7E?1g5ON.>I.0 Federal Way shall consider the goals, objectives, and policies of the shoreline master program in all land use management aet;H decisions regarding the use c/development of adjacent uplands or-tk+e watef-a a #j ertt-util ds f e l assE�etteck �vetlatds or stx�an3rs itlain its itriscietiestwhere such use or development mavw44 have an adverse effect on designated shorelines. 'LUIP7 SMPP8 R-e�; #i4-d=)evelopments should be regulated accordingly inexel dee f,-,...., shoreline areas known to contain development hazards or which would adversely impact seai i-v-cdesig-nated critical areas as identified in Chapter 22 4 &, 4w+si� of the FWCC. a. development should be prohibited within the 100 -year floodplain_ except DRAFT Goals and Policies Federal Way Shoreline Master Plan PC Approved A- Response to Ecology Comments Page 2 5i 15/20076.44/2 -OW sinele_fainii3, residential.._ and water -dependent or water_:relateduses. b. Residen4a-! 4AII development should be prohibited in shoreline areas of severe or very severe landslide hazard. c. Residential dAll development should be regulated in sh reline areas with slopes of 40 percent or greater. j d. Shoreline areas containing other potential subsurface conditions, erosion hazards, or gro The burden of proof that development is the responsibility of the developere" Goal LUG14STNTPG2 i k J i .. g.;, g,� ological conditions, unstable or, seepage problems) should be is feasible, safe, and ecologically sound should be continued 11UP881. P3 I Reside tiat developments should avoid or have minimal impact on the land and viaer 4iro, nt of the shoreline and minimize visual and physical obstruct nl U ado dna-ile :mluacts to the shoreline environment_ from residential a. Resr antral t�`evelopment m desi<nated critical areas or their associated buffers should be regulated` eE( urric� r' ' 4g4l�s as required by the City'su*de w C fi''s b. Residential development on piers or over water should -not -be peirr+.ittedi. prohibited. c. Landfill for residential development •w•hieh-that reduces water surface or floodplain capacity should not be permitted. d. In residential developments the water's edge should be kept free of buildings and fences. e. Evefy fea-semiblcebe made to insti;1.Development standards should require the retention of natural shoreline vegetation and other natural features of the landscape to the greatest extent possible during site development and construction. DRAFT Goals and Policies Federal Way Shoreline Master Plan PC Apbroved + Response to Ecology Comments Page 3 5/15/20075/4 4/200-7 LUMSM_I:TI O Residential use of shorelines should not displace or encroach upon areas that hati�e._existing o.r_are designated as. sui)i)ortirng_water-dependent shoreline uses. I,UV82S`•'1_i'Pl I Residential densities should be detened with regard for the physical capabilities of the shoreline areas acid; public sere%es requirements aril cf" densities have on the enyifenfnent...d a. Subdivisions and new development should be designed to�4dequately protect tk�c � ate atrct-4hoFf-4 me aesthetic characteristics of the watd—andi horel ne environment. b. New residential development should onl7be allq�&d?in those shoreline areas where the provision for sewage disposal and drainage lays are of such, a standard that adjoining water bodies would not be adversely affected -by pollution or siltation. c. Residential development along' horelines shoiA be ste,t back from the ordinary high water mark far enough to make unnecessa y such pcote ve mellsht-es as filling, bulk heading, construction groins or jetties, or substantial regrading of the site. d. Residential developments `shoo dibe designed to enhance; the appearance of the shoreline and not substantially %rtterfbrewit hheI"s dews from ti�blic ro e or awl access to the water. 1 f e. The shcAin' cct�S ste� i.,TICesaI fttnctions idearti ied in the Shoreline Inventory and Charalrttizatibn `hc uld % co 4 dc. fui?o'v& determining standards for residential develo -- ettt natteirisNx4afin t e sl }i xarcinment.. 5ill.I'1©l Resicic�ntial &',4di� ns in shpreliaie areas should provide public p ddstrtan'Iaccess to the sh rel e's within the development in accordance with the public 4cce�ss aritl t-Arcali n dement of this master program. LUPI 'NII.P1''l3 D;ev,is lopfrs'of recreational projects such as summer homes, cabins, ctanpgrotands, anilar facilities should satisfactorily demonstrate: a. Thesuitability erseofthe site to accommodate the proposed development without advl, affecting the shoreline environment and water resources. b. Adequate provisions for all necessary utilities, including refuse disposal, and the Goal SMPG3 :Shoreline areas desifrnated by theQM.preheensive Plan and the.S."UP to allow f ir_cgrLTrc>>cic, l_dcvel()1nttent.rhall, )et-nlit ct_i,ariety of'contmerc:ial ccra(office! a>�erelnnnrent q;p. s_Neiv develo Inent or expansion of existing c:omnaerc la_I and mice arses should avoid to the greatest extent I)ossible, adverse effects oil shoreline ecolo. rival unaions, DRAFT Goals and Policies Federal Way Shoreline Master Plan PC Ap�roved + Response to Ecology Comments Page 4 5;15/2007-55il 4/2 Policies LV144-l-SM:.PPl.4 Consideration should be made of the effect a structure will have on scenic value. and when feasible should_lnclud� gppgrt� tits for._nublic_access to shoreline areas. f I L17111I 13SN1P.P1.5 Commercial and office strutes and ancillary facilities that are not shoreline dependent or water -oriented shoyYd lieset_ back from the water's edge U--41-. t3SMPP16 The use of porous design alternatives should be encour<ag and percolate into the soil. Use of&dld the runoff rate from parking lotsLI d` ( , lA41444SMPP17 C within shoreline areas conditions without chi to allow water to penetrate � be encouraged to control normal rain and flooding -se or shoreline.._ State and opment that is note water - vegetation for erosion control. Goal I , S114PG4 RLr,,d €[ri' t Wfe!zional utilit)% iwiht; (radio. )% fan til �nle � 40,1 cellular towars , er/ .)roduct�4 r'atd6 anV lectricityi, itiaier, .S'arciR should hk dIl ed rt :,horeline areas per the ret uir _other to e eal state. and local laws. Docs; mainten wW-lutirul, f acuities should avoid. to the effects tt slwrojine ecolo tical Unctions. Policieg / constr uelion. an LUPI. 6SMPP20 Utilities that Leaf) t Could allowfor growth should not be extended into or along shorelines without prior approval of such extension by appropriate land use authority. L� 4114-.PSiVIP.P2l. Utilities located in shoreline environments inappropriate for development should not make service available to those areas. A411-1488M.PP22 In developed shorelines not served by utilities, utility construction should be encouraged to locate where it can be shown that water quality will be DRAFT Goals and Policies Federal Way Shoreline Master Plan PC Apbroved + Response to Ecology Comments Page 5 5/15/20073/44/2007 maintained or improved. LP.1-1s),A'TPP23 Federal Way should be consulted prior to, or at the time of, application for construction of regional utility facilities to be located in or along shorelines. LU,&-1-38SMPP24 Utility corridors crossing shorelines o&, he state should be encouraged to consolidate and concentrate or shardrights-of-way where: a. Public access �4nc +df'i+I pie }or view corr�,would be improved. b. Concentration or sharing would not installed, operated, or maintained sa'Jely of the utility systems to be c. Water quality would be as gaod or better than if separate corridors were present. zTSMPP2.5 encouraged where Cityanal where pu ..d seeuf t.. should be cross shorelines e#=in the LUVI 22SNIPP26 I New, ut lit} Ndlities Should be located so as to neitl�r.-ot-te require exten-AW s3orelihe prottec+tion nor to restrict water flow, circulation, or navigation, 1 E I u located i planned and rights-of-way should be selerated d minimize conflicts with present and located. bFP42ASNIP_PZ8 New utiltTy�eutes facilities and rights-ot=way should be located and design d too n i maize deA : `ental visual impacts from the water and adjacent uplands.I, f Goal s VJCP IzO 1 New ✓freestanding personal wireless service facilities are p'"r�bib -from locating within the shoreline environment. — ,�,hich includes reduce Ndverse im acts causect h catrr erat. �ooct _ g1ce. or wave cwtcon -- _ �_� _--1 -- .._.. including the use of bank stabilization, rip rap, and bulkheading, to that which is necesscu)Ltc�Lrotect q.jistin,; im��r-overrrc�nts. Policies SNIPP30 Shoreline stabilization should be allowed only if it is clearly demonstrated that shorelinerp otection is necessary to protect e ting im.rovements. T..'UP426SM:.PP31. Structural solutions to reduce shoreline erosion should be allowed DRAFT Goals and Policies Federal Way Shoreline Master Plan PC Apbroved + Response to Ecology Continents Page 6 5/15/2007544/-N(-)-7 only after it is demonstrated that nonstructural solutions such as bioengineering or soft -shore armoring would not be able to protect existing development. 1L- 4-142JSM.1'P.32 Planning of shoreline-twoteetion-stabilization should encompass sizable stretches of lake or marine shorelines. This planning should consider off-site erosion, accretion, or flood damage that might occuras-A611 ult of shoreline protection structures or activities. lE `-1 1 3SIVLP.P33 Shoreline p et+<rr3 stab i a�iot , I/marine and lake shorelines should not be used as a means ;n oiihorAmt.io new or newly developable land. U-111449SMPP34 Shoreline pfoteetieffistabi'lIzatioi structures should allow passage of ground and surface waters into 'e' majn water boc,y. Yry.3nSMPP35 Shoreline to r ,ati.o. s ould not reduce the volume and storage capacity of strean, at d' adjacent a ands or flood plains. 1 rrUP 3"rS1VIPP36 eneyer h4re l ne ottc lization is needed, bioengineered altetives.stich a tia ral.berms and r6sion control vegetation plans should be favored rhard)su aced sltrUctral alterrIki3ves such as concrete bulkheads and sheDles. 1 F E the need for shoreline proposed redevelopments rests on A ' I S i'F reline'p ete lstabilization activities that may necessitate new or iIi creased sYioreli e prAtection on the same or other affected properties where there has b en�p p e o s e d{for protection should not be allowed "�� diseew-.,g to req shallshould be designed and located so as not Areas of significance in the spawning, nesting, rearing, or and terrestrial biota should be given special consideration in shoreline .stabilization activities. li UV-049NIPP41 Shoreline pretiut stabilization activities should be discouraged in areas where they would disrupt natural feeder bluffs processes important for maintaining beaches. Goal S_A4PCPG6 Docks and mooi-ave sshoulda4 be allowed when associated lyiih residential, recreational, or othr ! jtblicAacilities. The design.. location, and DRAFT Goals and Policies Federal Way Shoreline Master Plan PC Ap�roved + Response to Ecology Comments Page 7 5/15i20075 42007 ccrrtstrtrciion o anti dock ei cJ1 tnoorcr4e.should avoid, to the rr•eatest exleru -- _QL_j..-.-_ 1 -------- -. possible, adverse effects on .,horeline ecolo<ricul fttneticnrs. Policies f LUN 4r3Sii7:.PP42 Open pile } construction should`be preferred where there is significant littoral drift, where scenic values will nou be itnaired, and where minimal alteration to the shoreline and minimal damage to ' cluat c resources can be assured. LI.S.M.PP43 Piers, floats, and doG�hould bedna prohibited or permitted as a conditional use wher6conflicts with recreational boaters and other recreational water activities woul"dam create u-Mic, safety hazard d by pief doe eenstmetie LUP4452SNITP44 PlI? Tettgiary moorages should be permitted for vessels used in the constru on ofAoreline. fi cilities. Theldesign and construction of such moorages shall bef), G Allat upon tertninfftion/gf the project, toe -aquatic habitat -14.e can be returne"-orCginal conditiop Within one year at no cost to the environment or the public. t should that are abandoned or structurally unsafe 17 Pk—f-,T-dDocks, buoys, and other moorages should only be consideration of: a. The effect such structures have on wildlife and aquatic life, water quality; sce^ic�=ane1 ak3;thcvls, unique and fragile areas, submerged lands, and shoreline vegetation. b. The effect such strictures have on navigation, -recreational and commercial boating, ,edifiw t -mo rnetit. a..z-li110 fa- 1 d=4. 17,IfKl-shoreline access and scenic and aesthetic values. c. The effect such sfruchires have oii ~eater circulation. sediment movement, and littoral dULtt. DRAFT Goals and Policies Federal Way Shoreline Master Plan PC Ap�roved + Response to Ecology Comments :Page 8 5/15/2007�.41442AAP 1IUT715,7SMPP4$ Moorage buoys should be preferred over moorage piles4eating ra pile e ,stfueted pliers -on all tidal waters. Public Access and Recreation EI ct -fThis element addresses the pciblic access and recreational opportunitie development, and various means of less-tk A14 - Goal 18S'NIPG7 visual access pro, character are not Policies expansion of all types of is of acquisition, to abd era }irr_ci2t of shoreline areas and the natural shoreline should respect and protect the ie property. should be maintained and regulated. a. Publk a; Aess�sh�uld be policed and improved consistent with intensity of use. b. P rov.slons to restrict access as to nature, time, number of people, and area maybe appropri e for public pedestrian easements and other public access areas where there are spawrimYgrr' . unds, fragile aquatic life habitats, or potential hazards for pedestrian safety. c--4-aci i1 ties i -n uk�lic-�tt a-tlH�e awtaes s 13arrlFi v rci �rl� �a}aintai��ed-ani � -ated. p o :.-au,a, s. < b p fx- LL4K-9SNIPP51 Design of access should provide for the public health, safety, and enjoyment. a. Appropriate signs should be used to designate publicly owned shorelines. b.-�V4t.lrin-the-sa.icirel-int=-c*rivifo+inicnt; pPedestrian and non -motorized physical and visual access to..the. slIor.ei nc.-should be encouraged. DRAFT Goals and Policies Federal Way Shoreline Master Plan PC Apkoved + Response to Ecology Comments Page 9 5/15/2007�1-44047- c. Public access to and along the water's edge should be made available in publicly owned shorelines -drat are lc a f +rn�ar� a: i�-icy in a manner that protects shoreline ecolo<rical functions. LA421%8Siti1PP52 des}�1 * t�; aa* clpen space planning goals and policies. a. Acquisition and development.of shorelin tion and dewelepmefft-�. � should overall parks and open space master plan. b,....,__Where appropriate, utility and made available for public access ai and/or reclaimed for cl_.._.__Shoreline ecrea total facliti trails, bicyc]e athwa s, ana'ofhei a. and standards as part of an on the shoreline should be shoreline should be retained is should be connected by possible. provided in new shoreline developments. to encourage private property owners to b. Public ped a ease' ie 'te h' Id be consideredpievided in future land use authorizaiots, and ' 1 th cse Q " projects along lakes, streams, ponds, and marine land , w�ier}e er shx°q�h� features are appropriate for public use. Shorelines of the City charactri `d b}th� follawmg should be considered for pedestrian easements: 1. Areats-of si.�gn is nhistorical, geological, and/or biological-eifew'Astanees features and 2. Area' pi enily eing legally used, or historically having been legally used, by the public along the�shorehl e for access. 3. Whelr pubic funds have been expended on or related to -the tF+-bw4-y shoreline Uii 4S'IPP54 Shorelines el -in the City should be available to all people for passive use visual accesses and enjoyment. a. The City should preserve and provide publicly accessible vViewpoints, lookouts, and vistas of shorelines ^"� ho ld be p bliel ' " "'elle. b. New developments should minimize visual and physical obstruction of the water from slucrelinc* adtacent roads and properties. DRAFT Goals and Policies Federal Way Shoreline Master Plan PC Apbroved + Response to Ecology Comments Page 10 5/15/20075;11 -41-208-7 a —�§ #ttarca app{��pE+att~; tttilit n�#-transport fior�-Eights cif �vay cm the sheel+k+.tI4hf-.)+d i- mate-aa�ilztk*1 4 1r }xzkilie aeec* ate# usr-j IO -I -E= -I) TO SMPP52 E� gtrblie}y ex�tt l tract{:j is that abut-tl3t ttof&Iiiac>:sltut��kbe�r�tai+�t��cper-reclai�rtticl k�= put tseess j 1() V E I.)_;l_Q 5;ti1 L _j2 1 , SM.P:P 5 51 sht�m;s-tit=thc--E�+t�: SM*PP55 Physical and/or points from bluffs, streat;u to place pathways connzn,' or erosion protectio Goal a. and to the Ovater--- should use steep slopes, view tures pf sp ct1.�l interest where it is possible afe sand. v '.trout requiring extensive flood t vieline dependent and water oriented ��nvenient, and adequate for the regional pacity of the land and water resources. ing special shoreline recreation qualities not easily public use and enjoyment. ,vided for the public to understand natural shoreline processes features. b. Publfe'viewing and interpretation should be encouraged at or near governmental shoreline facilities when consistent with security and public safety. LUP71 ; AP57 Shoreline recreational use and development should enhance environmental quality with minimal adverse effect on the to natural resources. a. Stretches of relatively inaccessible and unspoiled shoreline should be available and designated as low intensity or_passiKe recreational use areas with minimal development. Service facilities such as footpaths, periphery parking, and adequate sanitary facilities should only be allowed located where appropriate;_cgnsidei ing both DUblic safety_and preservation n(' Shoreline ecological functions. b. Beaches and other predominantly undeveloped shorelines currently utilized for recreational purposes already-pepalaf should be available and designated as medium intensity recreational use areas to be free from expansive development; intensity of use should respect DRAFT Goals and Policies Federal Way Shoreline Master Plan PC Apbroved + Response to Ecology Continents Page 11 5/15/20075/14/2 and protect the natural qualities of the area. c. Small or linear portions of the shoreline suitable for recreational purposes should be available and designated as transitional use areas that allow for variable intensities of use, which may include vista points, pedestrian walkways, water entry' points, and access from the water; utilizing stream floodplains, street ends, steep slopes, an shoreline areas adjacent to AL waterfront roads. A d. At suitable locations, shorelines should be made intensive use areas that provide for a wide varietyo£ e. Overall design and development in s sensitive to the physical site characteristi use in the area concerned. f. Recreation areas and adequate surveillance and d designated as high activities. areas should be4esl*>a4ve be consistent with the level of the shoreline should have fig. Nonwaier'arrented recreati final fa'c� ty development should be kept4nland-auxa-y 4Eff- bIckithe, wat is edge, exezpwllere'appropriate in high intensive shoreline use areas. The!provisipn of adequate public shoreline recreation lands should b Vas& 6nJaWadI'pL �t ©n plan • r a ���•"' ' i .� * clear- that is consistent with r�crF+rail I'ale ft f� ni bllc access to the City's shorelines. ildings that enhance the character of the shoreline should be if -recreation areas wherever possible. OPk, 0 A balanced variety of recreational opportunities should be for, eople of different ages, health, family status, and financial ability. irc.`nrra txed.�x-vtve.,.s M?e-liiigh=t-xitiz-rmcrrc ba. Shoreline recreation areas should provide opportunities for different use intensities ranging from low (solitude) to high (many people). ob. Opportunities for shoreline recreational experiences should include developing access that accommodates a range of differences in people's physical mobility, capabilities, and skill levels. DRAFT Goals and Policies Federal Way Shoreline Master Plan PC Ap�roved + Response to Ecology Comments Page 12 5/i 51`20075/-14 X)47 l ,l1­11—es Efltl@ faiigflt� 4--e t afeasn ierC1lrrciEettzttfii1 . ., ud -c #c>rrt+ trEficicrrt+ncclepec arestrs tc� lti;l�ly celtc d-irlec carttdfx>s=arc a: ec. Recreational development should meet the demands of population growth consistent with the carrying capacity of the land and waterOesources. Goal SMPG9 Recreational experiences that (including: harvesting activities offish, ; various forms of boating, swimming, and i watching or recording activities, such as water dependent activities) shall, he enc -A.. areas. liven that thev avoid. to the tzrerrAl Section]. Policies or utilize, the shoreline 4, nerals, and driftwood; "shoreline pathways; and x�ainting, or the viewing of Recreat 6LV46-7SViPI'61d�ruate%prk� s gourd be extcn5ons of shoreline parks, or -and. .ul whenver_po5,rh_letdt hac iay artificieefs where natural conditions or aquatic li oould b o e 3 aflal ihi7al interfgrence. { t t�€i2 st =e is luizaTdous conditions or emergencies. 1 -'tem oto , i use. ' ua;tt✓ : cr a banal eline areas by boaters should be should be given priority for recreational use. Fish and Wild]] activities that increase shore erosion should be ' II.�'-1-?4STN-I 1166 Effective interpretation should be provided to raise the quality of visitor e per'iences and provide an understanding of aquatic and shoreline t1w, Conservation and Restoration Element 4+r ele�txtetN=wlio}lc*ale-w+tl�-tk pre�scatc�a� I_his element promotes and encourages the conservation of natural shoreline resources Auld shoreline ecological s, considering, but not limited to, such characteristics as scenic vistas, park -ways and o� ace, vtal esttrari areas tint fish and wildlife-j*.-etft-4ien habitat, beaches, feeder bluffs, estuaries, and other valuable natural or aesthetic features. Additionallvythis element promotes and cnccwrages restoration of shoreline functions and ecological Rr<�cesses fhat have been unpaired as. a restilt .ofDa_st development activities, DRAFT Goals and Policies Federal Way Shoreline Master Plan PC Ap�roved + Response to Ecology Comments Page 13 5/15/20075 i1��, 4 2007 Goal [ALL NJ - -',W SEC -110N1 SM.'.PGI.O Preseryeander protecithe ( critical areas located in the shoreline. Policies SMPP67 Mana,,ze designated critic-, in Goal resources existing a - _. . I with iCal hinct-io-ns.....2roi,ided b AA ique and non-renewable natural le natural resources for the benefit of interest. acent Practices ground AIN 'r u,4,, y. I Use of State and LocaLfIgst �M.ana �,e.mgnt 11 lls� ?I nted to avoid si gnificant adverse impacts to water e I ou, rem and -ui anvv� quality. L:;:V'%4.P7fl`Sliorelines that are of unique or valuable natural character should be eoffffnensufate of flwe V (,totis�j�ered for acquisItimi. Subsequent -management of such areas should LUV45-&,MP.P71 tt �flptiejj does i:iat eNeeed th. -*att�,. Lo—t q -c-t L(II �i j I conservation of areas should be managed tIITOLKYh --------- --- - implementation of setback, clearing and gradin. and mitigation standards for )k�L�act IN.p. DRAFT Goals and Policies Federal Way Shoreline Master Plan PC Ap�roved + Response to Ecology Comments Page 14 .5/15/2007 l 12007 a,- -1'hfAtrg:lrp<>lieiesz��rd ati;:�jas._:{:;{decal �Lay...sl�lxtJel...@r�Ee3lirake #lte....n3an&e@r��EtiEl# a�3�1 ��tiQn-o�ks:l�-sii��l kEs 1�-�}i-lcfi-i-fc�rtd�i-leer-rf;-+tE=�,-ahl��sc�tn✓e�: 1A-1P66SMPP72 Resource conservation should be an integral part of shoreline planning. All future shoreline development should�e planned, designed, and sited to minimize adverse impact upon the naturall shoreline environment and ecoloJ ical functions. t LUPH7SViPP73 Scenic; and.a st ti ii l c Erk� "si4qualities and ecolo�4ical functions ofnafal a;i4-c��=tA s4or s ould be recognized and preserved as valuable resources. i a. When appropriate,,44uraf flor ttd lauria s'l�pl�ld be `re gerved_-or-feslet-ed, b. In shoreline are ", the natural o�gF phs ould not be. substantially altered. C. Shorelin., cre shLIJl be -Ste and esig ned to ninuze view obstruction and should be i co ati , 'with tl sho elwe character. d. Wil e and a ,tats s-a,6ing grounds should be protectedT inreve �it#t#, 4n� be managed to enhance the environment with ba. Sho Iriwatet'and over -water activitiesy and development should be planned, construc `d, and operated to minimize adverse effects on the natural processes of the shorelineand s ould maintain or enhance the quality of air, soil, natural vegetation, and water on the sh..r lin6. w-1K--c�r�in:ina�-,adverse}�kry4i�;r�.1._c>r-�h�*n�i•sa}-i€f��c:-tr�i�-�vatci-c}t+a:ltty; vegatatio��; tisl�sl:ic�l•1#�;s}a db. Use or activity which substantially degrades the natural resources or ecological functions of the shoreline should not be allowed without mitigation as required by S.M.I-1 regulations and FWMC (_.-`Lapeer 18, Eaviroarnental Protection. LUPOSMPP785al�3 rr�-at�°{��t ll;�- 1 -Critical sa-4 a:tom-r-a+Yd- hwa:tef-salmonid habitats4�i�ie•�l l abitqt-sPsupport valuable recreational and commercial fisheries. T1 ese r,abitak- and should be protected be-�;�Tfbr their importance to the aquatic DRAFT Goals and Policies Federal Way Shoreline Master Plan PC Apbroved + Response to Ecology Comments Page 15 5/15/2007 -&t1 -441(9P ecosystem wid theas .yell as state and local ec-o�econotnies. ba. Non -water -dependent or-aad_non-water-related uses, activities, structures, and landfills Should not be located in salmonid habitats. db. Where uses, activities, structures, and landfills must impacts on these areas should be lessened to the maxinni unavoidable impacts should be mitigated by creating inJ project where feasible. Where in-kind replacement ii-iitig Mitigation proposals should be developed in gtave:r-nF antCity, the State Department of Fis Nations. and €d. 4Fe a• ]if. The and upla locate iii critical. salmonid -habitats, maextent possible. Significant rid replacement habitat near the ition is`t' of feasible, rehabilitation. of d -t ti4tata3ia-y-be required. i. with the a eeted zleeal 51- :life, and aay affected Indian -and-ste6headcritic a] salmonid -habitats but sect these -said habitats should be located negative impacts -on to said habitats. ��u surfs sltal•1-should be minimized in upland developments to reduce uno� peaks. Structures and uses creating significant impervious surfaces shall le stormwater detention systems to reduce stormwater runoff peaks. charge of silt and sediments into waterways shall be minimized during in -water construction. !> . Adopt -A -Stream programs and similar efforts to rehabilitate salmen and stee iea critical sl:�ava}ing-41--ealmsalmonid habitats should beam encouraged. l .i. Fishery enhancement projects a -re -should be encouraged where they will not significantly interfere with other beneficial uses. j_. Project proponents should contact the Habitat Management -Division of the DL l ishej-ics;- lie :l {alai{ax I�:ivisiEan o:f the 13L;�art���c*rat c�€-�Valdl-ife State Department of Fish and Wildlife andof affected Indian Nations early in the development process to determine if the DRAFT Goals and Policies Federal Way Shoreline Master Plan PC Ap�roved + Response to Ecology Comments Page 16 5/15/20074-t444047 proposal will occur in or adjacent to a-saloe-acid-steelkeadca_itical salrnooid_habitat. mk. When reviewing permits for uses, activities, and structures proposed in. over,or adiaceu;l .._ tofc3r marinesaat waters -areas, streams, wetlands, ponds connected to streams, -and or any other shoreline., are a,_s adfaecnt-te-44ese area�i7 staff should contact ,the Habitat ""•�nageme Division of the E)t�}>a�enenf-of l +slag ii4 t}�i #labitat 1-)i�-isic�i�t* 1)e}�a{ taj�cet <�f NV414 4State Depai_tiuent of Fish and Wildlife. to determin fthe proposal will occur in or affect any adjacent salriien-oF-stealhtcadcritical habitats. ffshould also contact affected Indian Nations. ) Goal fNEW SECTION] Policies of strate j W line W and SMPP80 Work with the public and other interested parties to prioritize restoration ppportunities ide-ntil:ied in Shoreline Inventory and C haracterization Re op rt and S.1M. Restoration Plan. SMPP81. Promote vegetation restoration. and the control of Invasive weeds and nonn.at.ive�s cies to avoid adverse impacts to hydrology, and to reduce the hazau•d of slope failures or accelerated e-rosion. DRAFT Goals and Policies Federal Way Shoreline Master Plan PC Apbroved + Response to Ecology Comments Page 17 5,•`15/20075444(t)-7 5M..IIIP82 Develop apa'ot rain. to )1ein.ent restoration proiects. includirw fundi.ng strategies. C SNI. P90 Develop strategies to fund identified educational and Interpretive projects. Historic and Cultural Resources Element NE SECTION] This element addresses identification and preservation of historic and cultural DRAFT Goals and Policies Federal Way Shoreline Master Plan PC Apbroved + Response to Ecology Comments Page 18 5/15/20075A4 �2007 resoarces that are located in or associated with federal Way's shorelines. SUCII resources may include historic structures or buildings, historic use or activities In the shoreline;_and archaeolo; from the ordinary high water mark far enough to make unnecessary such protective measures as rip -rap or other bank stabilization, landfill, bulkheads, groins, jetties, or substantial site regrade. d. New transportation facilities crossing lakes, strean areas should be encouraged to locate in existing con -id impact can be minimized by selecting an alternate con GEN -E K. LP0_LICIFS-PART-ci e. Shoreline circulation systems should bejadaptab:le 6 J1'-75SMPP94 Circulation so as not to unnecessarily or uni the benefits people derive from feates and des-k+kfavel. a. Motorized sliallshoul be b. Transportation planned and�desigr C. ular,to where any adverse changes in technology. >ystems should be loeat6d and attractively designed �aso�ably pollute the physical environment or reduce eir`property. '-I+d H�' .. age a?te...c*:. _ i, n beaches andotherna Lal shoreline areas E ridttng�ac',�ces',s to shore'l' ' developments should be ph acitet Cwith these proposed. E ,J should minimize total impervious by enet4lly ;bein.e oriented teraFly lere to�ographic conditions will allow._jE.XISjING systems should be designed to enhance aesthetic irel.ii.e_vista and access r,oints and encourating M. teehnok;�INTEQRATED .INTO SMPP93J. rr_�a , ��J t t „„ a 3t�t� t kUElGs (i tf3i3sj36t cri virthat eausrkt$e'4he Bast atnr�r+ri#-ef�n�xFgy-�vtt3l�-13rr�vieli3�d-tltc-best-e:€#ae;ic*3,�-�itk�-th€.�-1csa3t-13c�4sihli�pe�l3u-t-i:�i- a-- lc : tra+ ,pc #a c�rrtic��ac s to sl cit iH�ez;�rt +s sl >trkl ptl's ttzrH ;rrtaas lOf serFliC—stt>t�s anc� a#{ ti�acl � s axe, s 1�crca-EYE tol�c 'r,pl3v� � iEl-nat-ti ral-:t<at LRjj1 CrRATED NTO SMPP93,]. DRAFT Goals and Policies Federal Way Shoreline Master Plan PC Ap�roved + Response to Ecology Comments Page 20 5/15/2007-14/2007 b---�l �f�€.l€ �e-i��xliv aa,�c-rie#c�4-w�#-isn+yt+c>-e��istc�ic-eig�i-f+ea.��-E>l-g{.eat-a�s�cstie fait.-tek11 r<�#;3inc��I-aifl maif�tatnezct-€<3r tl>sE elarattzris[€es I:\� 1 L?Cf2.� 1_tU INTO SNVII97 J aErali��n�at�* •ems it �r IN`.[ f GR"VrEI) I:\`[_Q S.ytl'P93 I S1bMPP96 New transportation developments turnout areas for scenic stops and off road rest natural features warrant,. -consistent with a� SMPP97 Shoreline roadway great aesthetic quality, should t i.ne and areas should provide the topography, view, and historic significance, or of 3 for those characteristics. is saf ti"'P�dirstia�aceess s'houlbe built where access to public shorehn s i des'r; a e anq,ihas �n cuVo J y linear transportation corridors. New linear facth, ie sho d ena�le pedestrta cess to public shorelines where access is des irabI I 1 _ t �� ) 47,N4—i-4,3bl P }. fl Ffatspt> on and utility facilities should be encouraged to coordm ate* oint s oirigmsiip���vay and to consolidate crossings of water bodies when do ng so can �ir zefAdverse impact to the shoreline. Shore`119'emEh "iranments (ALL EXISTING TEXT FROM EXISTh47&6 or WACI F*Fpo �Itttobt (From existing G&Pl In order© ri ore effectively implement the goals, objectives, and policies of this master p gram and the SMA, the shorelines of the state within Federal Way have been categorized into three separate environment designations. The purpose of these designations is to differentiate between areas whose geographical features, ecological functions, and existing development pattern imply differing objectives regarding their management, use, and future development. Each environment represents a particular emphasis in the type of uses and the extent of development that should occur within it. The system is designed to encourage uses in each environment which enhance the character of the environment while at the same time requiring reasonable standards and restrictions on development so that the DRAFT Goals and Policies Federal Way Shoreline Master Plan PC Apkoved + Response to Ecology Continents Page 21 5/15/2007514400:t character of the environment is not destroyed. The determination as to which designation should be given to any specific shoreline area has been based on, and is reflective of, the existing development pattern; the biophysical capabilities and limitations of the land; and thdIlgoals and aspirations of the local citizenry. , ! Each environment designation eateget,y includes: (17, a purpose statement which clarifies the meaning and intent of the designatiopf (2) criteria to be used as a basis for classifying a specific shoreline area with that/nv``ironme:nt designation; and, (3) gt�r-6l-detailed management policies desi ,ted tb fvide management decisions and development consistent with the characte'of the env roriment. Shoreline Residential_LERC Purpose: The purpose of the "shoreline development and appurtenant CmIdelines -- WAC 173-96.;A access and Criteria: inside L+* deve to accommodate residential t with-ti}is-ehaptenA th SN1.P ..ovide appropriate public to shoreline areas AA if they -are areas are predominantly or are planned and platted for residential the primary use. Development and redevelopment given to develop focused within already 2. Stand'ardslkall Je d�loped and implemented for density or minimum frontage width, setbacks" lot coverage limitations, buffers, shoreline stabilization, vegetation conservation; Critical area protection, and water quality. These standards shall ensure that neAdeveiopment does not result in a net loss of shoreline ecological functions or further degrade other shoreline values, taking into account the environmental limitations and sensitivity of the shoreline area, the level of infrastructure and services available, and other comprehensive planning considerations. 3. Multifamily and multi -lot residential and recreational developments >;13et+ld shall provide public access and joint use for community recreational facilities. 4. All residential development shall occur in a manner consistent with the policies listed under SMPG2 of the shoreline use element. DRAFT Goals and Policies Federal Way Shoreline Master Plan PC Ap�roved + Response to Ecology Comments Page 22 5/15!20073Ll440(47- Urban Conservancy [FROtil WAC] Purpose: The purpose of the "urban conservancy" environment is to protect and restore ecological functions of open space, flood plain and other sensitive lands where they t exist in urban and developed settings, while allowing a- variety of compatible uses. Criteria: �i+,xj+ "The ufban Urban eConservancy-- environntent"designation is assigned to shoreline areas appropriate and planned for deVeltipmeritt that is compatible with maintaining or restoring of the ecological nctto�ttsaf tle area, that are not generally suitable for water -dependent high-intensity uses ��; ^r,^Y e' '^ Hi ^ °litdes }}. aAN,elopf,ei,r The Urban Consert!w eiyironlrient isapplied to shorelines if any of the following characteristics app.l They have are open space flood ,l ' - or other sensittye areas that should not be more intensively developed; E They have potential ecolbgi al�resorattoi;` They retain import t eco#o jicJ c...fi A even though partially developed; or } They have the l or ev-oimenGi that is c rrt atible with ecological restoration. { � F S f1{ ) f 1. Resid fiat, recrea to , Cf�i rrial, _a>a+ilic facility uses should be allowed provided they pies , I e zt tt al c acte of the area or promote preservation of open space, flood plain bh > € or e si vel e' r:iiJectl1%r over the long term. Water -oriented uses comrner 'tall, n vi `al e `eht s fer-de endent uses should be given highest priority. Uses that result in resio4t ecce "'G 1 functions should be allowed if the use is otherwise com atib e cLithh o "af environment and the setting. p �1, � ,• � 1?,.. � � g 2. Standard's sL11c b; de loped and implemented for management of i.".. .. density ok nainiffium frontage width, setbacks, lot coverage limitations, buffers, shoreline stabilization, vegetation conservation, critical area protection, and water quality. 3. Public access and public recreation objectives should be implemented whenever feasible and significant ecological impacts can be mitigated. 4 W , onented-t+ses-shetiate eTient a c -1 or Aoul,-1 b given 1,ig4est pfiefity. 1 -54. To enhance the waterfront and insure maximum public use, commercial or office DRAFT Goals and Policies Federal Way Shoreline Master Plan PC Ap�roved + Response to Ecology Comments Page 23 5%15!2007/14/2 facilities should be designed to permit pedestrian waterfront activities consistent with public safety, security, and protection of shoreline ecological functions. 65. Aesthetic considerations should be actively promoted by means of sign control regulations, architectural design standards, landscaping requirements, and other such means. Natural f FRO-1yl W AC1 , Purpose: The purpose of the "natural" environment.ito p6tect: those shoreline areas that are relatively free of human influence or thatnclude tai t or minimally degraded shoreline functions intolerant of human use. hese systems require that only very low intensity uses be allowed in order jtdi'mairitai n the ecdIogical functions and ecosystem - wide processes. Consistent with e polices bf�the designation, ketal-ge r xt the City of FederalWay include plan mgi restoration of degraded shorelines within this environment. _ �, Criteria: A "natural" environfinent designati�j n 611d;be assigg,�.ed to shoreline areas if any of the following charactertsticslappk�. (A) T e `shorelinetis�ecologically intact and therefore currently perfotknixed!'by g an i portant irreplaceable function or ecosystem -wide process thattoald be da human activity; (B) The shoreline is considered to represenjt54bosystie n ggoldgic yp 1 t iat are of particular scientific and educahox}al inter std oi�C){They shorel n is r' nable to support new development or uses witau ignfcant a vers impacts o ecological functions or risk to human safety. 1. Any ike tha'twoildlsubst ntially degrade the ecological functions or natural rlhnrnr , "' thh,,.Zfidr`el14area 44e shall not be allowed. 2. The &Uo' x �;n� new uses shFt4dshall not be allowed in the "natural' environment: • Nojwater-6riented recreation; and • Roads, utility corridors, and parking areas that can be located outside of "natural" 3. Single-family residential development may be allowed as a conditional use within the "natural' environment if the density and intensity of such use is limited as necessary to protect ecological functions and be consistent with the purpose of the environment. 4. Scientific, historical, cultural, educational research uses, and low -intensity water - oriented recreational access uses may be allowed provided that no significant ecological impact on the area will result. 5. New development or significant vegetation removal that would reduce the DRAFT Goals and Policies Federal Way Shoreline Master Plan PC Apbroved + Response to Ecology Comments Page 24 5/l5/2007 -_544/-2-(4(P capability of vegetation to perform normal ecological functions should not be allowed. Do not allow the subdivision of property in a configuration that, to achieve its intended purpose, will require significant vegetation removal or shoreline modification that adversely impacts ecological functions. That is, each new parcel DRAFT Goals and Policies Federal Way Shoreline Master Plan PC Apbroved + Response to Ecology Comments Page 25 5/15/20075:1 4/200:7 F3c�t. lta: �s t ae t t} tea, t a ,,,.;i„kle) at+", real, w ,ieh � f}l�.}E��-�3t1-%�F�%�_{)�tt 5-ii}2f�-H�9�R��itf'Eb-�)�'l��E��-}ate;-��, r �iT« r��k�tt-���--1-•'����El hk�:c�t4.aco~-t►titkpaffsi<a c tE. t 7 .,t;.,.,. l , d�-F�%i}&�1�'E?-�i-l�i^nizcr rc-£i;,cr-a- ,.: LUT Diver -se- ccrcrcn mizrvci i }rotes that & i eef patiibl e with the eansefvan6i . Y 41294 D 1op,, eiit that would be a 1, - •d t 1,1 . health and safety, or -,A,( tnatei--iakl-y-T}ttffei:k,A'it4ithteal��ez�5c�s1 � : ���'-�1-5-=Fkt�-A�x�--k��:axcl•-f��*r�}r�c� c�la�tt�kt�l-hp��l-y-tom- E��c�}f�}�r3�c�t�-�t13t�t-#1 c�E�E� plai�rs- DRAFT Goals and Policies Federal Way Shoreline Master Plan PC Ap�roved + Response to Ecology Comments Page 26 5/15/2007-5/-14-N 7- L U.' V, 9-, Poorly &-mil.4fig sai1q, develepffieiit should not'he alloNved tinles Editor's Note I-Shorchn.e Use Activitle.s. is a section that hat exists in the CUITCTIt Goals and Policies Chapter of the Shoreline Master Plan. This section, divided into the..headings listed below. was cxi inallcreated due to previous Ecologuidance which encouraged_ that the use headings (or activities') be grouped, with policies developed specific to each group. In jij)Oj,LjnL,-the SMI',we -fq S.IhOLIgh these policies were either I) redundant with -policies _- J.t.�L _ - DRAFT Goals and Policies Federal Way Shoreline Master Plan PC Ap�rovcd + Response to Ecology Comments Page 27 5/15/20075i! 4/200-7 fisted undo _t le ele�n.ents above_ or ?} Unl_i.cahle to one of the elements tix>rn above. Therefore, this section was stricken from this document. Under each heading listed beloti� bracket d_tcxt indicates in«hich._elcinent above the followinnpolicies were inter -I d.,.] ?-- rt}lic l st i riiisi. f -s c�E in -f lots -sc4ective err a'mrrz r ci r s ctirrni�e # a c� hf' i Sig E4 fi)icd=,trizy C -ikkkt sc�t2 iet�' fciF spaC4—. aT� atUh icy t+ eerl in �� xex ont#it-ior�S-t0-as-,Ufc .c thei,. ntained popt}}atiena-:Same O+ thesO 60r-esniall. 4:oF , goo DRAFT Goals and Policies Federal Way Shoreline Master Plan PC Apbroved + Response to Ecology Comments Page 28 5/15/20075/142007 cii=.c;r`--;l.;l;r. .,,d poss;l,i,.d ,.r,,,-••1us-al md-zr i ,r.- .,r Slip „1. 4:4e-eEa-44nemento€fis"F-s4 14s++=10ad Comm -ince .gx, ted._as a goal and associated policies, into the Shoreline Use.F]elhentl C;Hififflefealcrsrr deyeliipFtc'i1t 'Ttiti+}.i C4?F}f* a 1y �e t -t. use fir BciF}frtFFl�4c�F+Et� r-;1racmiicr 3t= txaF�ae .,,,,1 ....1 .,r�e�13 �tt�c� sczx�iees� 1 ��lttst�al t1 1o�i�tc�{tFc�aa#�ertt DRAFT Goals and Policies Federal Way Shoreline Master Plan PC Apkoved + Response to Ecology Comments Page 29 5/15/2007,15r4-4'�9L4 ,v -he pfiiieApal impact fiaetofs up(�fl the-i,�, i w. fi-o-m eon: .,1 .ate vet„ p.w&-+A-arse, IT- +nJ both .,- e, and sub quri@@ subsides 3fse, Gl- 6al Pollution i's defived LL3 L, C:aM L tBECQMES S.M.PP 151 icies_ into geiieral!�gr-eater beeause 4theik- sea d ga.", SM telephofle), ent�y 3ewa�-,-a+id DRAFT Goals and Policies Federal Way Shoreline Master Plan PC Apbroved + Response to Ecology Comments Page 30 5/15/20075i4 4i2007 I . L3L"C,QMES SMPP201 W-7 the shefelffl@ [BECOMES SMPP291 (Integrated, as a goal and associated Policies, into the Shoreline Use Slioreline pr-oteetiefi is aetieia takefl to r-eduea adv@t-se impaets 14eE)d-,. ake, ot:waw a6tian.This .; - , . -, -1 111— lffe4ude-,�� Fuetuml - eaiis to r-eduse- the ire act tltttlec)d" n.- -iIT -f . . . . . . . . . . . . . ....... :Rd aee!"I.on. Speeifie u6twal DRAFT Goals and Policies Federal Way Shoreline Master Plan PC Apbroved + Response to Ecology Comments Page 31 5/15/20075/W2 G7- -rrciccra=rrrciat 'd-1-nj4vj t�-a. � � * 1.,,��,�1,. „ate.���-%ii1F}1i--4t-aOiF.at-}E)i�-ililfi-tj�kL'� �s eouf aged, 'OMES S:Nil'I'3fi 1 1L UI-111-344�zo a:hOF(4ifie pi:ottac-t-o_jaf-COMES SMPP391 I' -k35 -f1 as H i a si �a sti ; rasa rrr�r-e ye OfaqU&t „ter; PYE)k-6140Hre �r 1BFCO.iA- S 5'M. 1?4Qj DRAFT Goals and Policies Federal Way Shoreline Master Plan PC Apbroved + Response to Ecology Comments Page 32 -5A44r94 ,r >,a,,,),,,�.,,.), ) E3F('OU[rS SMPP411 .,. ,. r,u,., ,,.,. r„�,r�r r�rr. — . �ii+ a ,r 1 ( fliti,,, h lE eneoaiiigt-'ili-t, 60Ei3=E�}f]c3�E l SE' C�vn-A'R�i7'rn-rc'y-'i-acf7=rcac,�^3'r�Vcslc`.� 0-1=1ghts v -'—way a+IdH-eoT+sc }Ad';ers i*g So ea.-, illinifnize a f tile ) 4ine. y developnient lhazwds (e.g. slide anA slun+p meas, po(,)j- foundation so4s-, marshes. ete.). ggcnefa-ikict�}=k��s�torct�=3eoac eeiErasi44 DRAFT Goals and Policies Federal Way Shoreline Master Plan PC Ap�roved + Response to Ecology Cornvnents Page 33 5/15/20075!a -..-r- 007 allow. HNIIEGRATD INTO_SMPP94'1 'i i T'i>t AC Shoreline .,,1vvays •1 7 7 1ave „ high y :F)f-a f „1 b uti fi ..,ti i ajjqeff k+Fflt# 1�-1>+r��c� kc>}1ilie=kit'+f a ,; ;r, ' *_.. t. ' -- NVEMIE1 beNLE5. SN4PP43 i 7 `Dpe 1 G7 Tl 1 1 f' �:. .4 . :l �4 .. ld 1 d „1 IAM4--fetes-shot�t- j13:E;COME S SN[ILI-44 44,61+c�rr c:>€ DRAFT Goals and Policies Federal Way Shoreline Master Plan PC Ap�roved + Response to Ecology Comments Page 34 5/15/2007-544/2-1W that upon tem:nina! ion of the pfE�eet the aquatie life, ean be i-etufned to their fyr-i3�z ecclic:>iiton-yai�e;t-to t#�c� c�ira;�►��at f�1tl3kE JI EC_OMES_SMPP451 j}3F;CQMI_,SS-•1PP461 �Hi'-fi;? H'•-Lrt}aSttf-�H 1 e mmag emthe feefeation,4-oaffyin ea aoi y t.E -E e eeo4og4ea4cap yt� c�a ae y F+hL impact of people on th afe by de&10 "I".."01 I areas 4m-- use intensity, inteFpr-etation, and . b These . eoi e i t# tk 1' ems+= aaa t ate, S I-Va tey, }17 ,,. ,a , . ,, ,, . '' "efe are .i Wti 'tib . . sites, offej-iflc e�vtt�-t4xa-c=o�a�ttory-der-�-����i�eo-�-i�L-�xo�i�iea}s-e��al;it�l�e�o�4��tttif3s; DRAFT Goals and Policies Federal Way Shoreline Master Plan PC Apbroved + Response to Ecology Comments Page 35 5/15/2007at14/200� +ret' a .. .,+,,,.,_:. ,. hsaftety by separating aet-i-, , 1 ..e, �Re4fl.g ale eflVif0fiffiefit"i. 1: I't Fife-1?t�bl t-1 e� z„ ,tip sl; e Y�r is s is sty as 3aa�> ti ae;� l ace r rfr to t+ge beater -s. FIN"I`EGRATI'D AS NEW SMP13621 Jam- F-149Ph5'sic-a-1-aaa l f- t l-aeEc e alae r�-at �laei�k t+sr s�caelr leap s- c sc ats stfeafn valleys, 1, ,. f�tx�-f>�-Esr+asitar}-fir-ewe-sitar} DRAFT Goats and Policies Federal Way Shoreline Master Plan PC Ap�roved + Response to Ecology Comments Page 36 5/15/20074-544 A-)0-7 '- � -k czaec t+i ttit o=jxik�kis east rets-ie-tk►i :k�e:►i kH �-tk ti pl4vate-sr quas - publie skai.-ekiies should b-etwout--aged. fI.NTIGRATED AS NEW SMPP651 -, pfovisi(m9s r- Utilities, layout, and building desig-n-, 1,14N.76 Subdivisions sl the twit^ ed att-a level of den!iicy-���� EHd`c'Ti��T� cii3tc cae�tpa�►e}� ,. ,,,;l,l„ .;*l, ,:�}�-ysieZ�k-�pal3�ki�ie;, ,.-��1:ter��1-i�:t1-�vatca� IA '1�� tesidr F a� t v op pl s s 4itk �ikted- apprt3va4-.0ulE#-ee at -p ea isi l DRAFT Goals and Policies Federal Way Shoreline Master Plan PC Apbroved + Response to Ecology Comments Page 37 5/15/20075.", 2007 -UT17 8 Residential b aiyis;,,.ns should ldesigned <.. as to pr-oteet to „t;r„ DRAFT Goals and Policies Federal Way Shoreline Master Plan PC Apbroved + Response to Ecology Comments Page 38 5/15/2007-544 4�-AX}-7 j �2 Q o21 vU r � Y W N W e I V 4iHG yNY E AD C C 2 > (0 -W U) Ca I� N S N p a y C cccC C Q .V O. O. a) U CL 0�_ '-�. t +r w US C M 'o •� i d E 7 (CO N Q 0 r. p N= Z w D tU (0 a o CL c N i , O i = W U- U)G c Q. v+ W 13 j �2 Q o21 vU r � Y W N W e I V 4iHG yNY S ny 436h _ O j �a 0 � a Qo ca p AD C C U > (0 O ++ C C p N I� N S N D a a y C cccC C Q .V O. O. a) U 0 o '-�. t +r w US C 'o w 0, d E 7 (CO N Q ci co =' p N= Z w D tU (0 a o CL c Roo , m fn E o N . L C f" f0 aw S ny 436h _ O j �a 0 � a Qo AD CO) ;i2 N 3m I� O E Zm C) •— N D a a AAte,, W m cccC C .V O. O. 0 o m Ocau LL q ci co OL N p (0 a E O , m fn E Z N . L C f" f0 S ny 436h _ O j �a 0 � a Qo Sections: C cf Fec er l W ay Srt f�._- Article ///. Shoreline Management,_- Draft .Recgulations Response to Ecolocy comments—May 15_2007 4AArticle 111. SHORELINE MANAGEMENT Division 1. Generally 18-161 Purpose and authority. 18-162 Jurisdiction. 18-163 Additional definitions. Division 2. Shoreline Regulation 18-164 General development standards. 18-165 Shoreline modifications. 18-166 Environment designations. 18-167 Permitted use table. f 18-168 Shoreline residential er-(�4.n 18-169 Urban conservancy en W1 18-170 Natural environment. Division 3. Administrative Procedures 18-171 Shoreline management permit and enforcement procedures, adoption by reference. 18-172 Permit processing and public notice. 18-173 Procedure for review. 18-174. Shoreline exemption. 18-175 Application requirements. 18-176 Shoreline substantial development permit. 18-177 Shoreline variance. 18-178 Conditional uses. 18-179 Final approval of shoreline permits. 18-180 Combined hearing authority. 18-181 Appeals. 18-182 Permit Revisions. 18-183 Replacement alteration or reconstruction of nonconforming use or development. 18-184 Shoreline environment redesignations. IRMr-Mr . . a • -19 168 Natural - L, 3; .Pagc_1 01.59 Citv of Federal Way SMP.-. Article IN. Shoreline Management -Draft Regulations Response to Ecology comments - May 15, 2007 -12-17)-P4ee-eE4---fer-*eview- 4-8-1-7-2-Goed+tief-i eee: 8 17-3- inaa--ap-preval-ef-&hor.etin.e--permits. �-8--1-76--Shore�e-e�v+ro+�mefl� redesignatiorE: Division 1. Generally 18-161 Purpose and authority. The city adopts these regulations under the authority of the Shoreline Management Act of 1971, Chapter 90.58 RCW, as amended, and the Shoreline Management Guidelines, Chapter 173-14-26 WAC. (Ord. No. 90-38, § 1(24.10), 2-27-90; Ord. No. 98-323, § 3,12-1-98; Ord. No. 99- 355, § 3, 11-16-99)_ -40 18-162 Jurisdiction. 1 f 1: I (a) The provisions of this article hail ppply�to all development ..,, �f „ � proposed within the areas defied asshorelines in RCW 90.58.030(2)(4), and shoreline: of siate'��-wide significance m RCW 90.58.0.30(2)(e), and "shorelanli tRCW 90.58.030(2)(f); see 18-163, Definitions. The approximate lkation of these shorelines shall be designated on maps maintained by the department of community development; however, the property owner or applicant shall be responsible for determining the exaet-specific location of the shoreline jurisdiction on the subiect property when a permit is filed. The city shall be responsible for verifying shoreline jurisdiction. Washington Department of Ecology maybe contacted to delineate the ordinary high water mark (OHWM) on a subiect property as per its authority and responsibilities outlined in RCW 90.58.030(2)(f). (b) No development shall be undertaken by any person on the shorelines of the state without obtaining a shoreline permit from the department of community development or an authorized statement of exemption per-,-prau+de4-4hat-a-pe-rra+t-sl--a4-ret-be-regi +red r develepmeRt exempted ial deVeIGpFRe R WAC 173-27-040 and for developments exempted by RCW 90.58.140(9) and (10). (Ord. No. 90-38, § 1(24.30.10, 24.30.20), 2-27-90; Ord. No. 98- 323, § 3, 12-1-98; Ord. No. 99-355, § 3, 11-16-99) 18-163 Additional definitions. Unless otherwise defined in this chapter, the definitions contained in this chapter, Chapter 22 FWCC, Chapter 90.58 RCW, aed Chapter 173-26 WAC and Chapter 173-27 WAC shall apply. F'<<ge 2 of 59 City of Federal WaV SMP — Article lll. Shoreline Management — Draft Regulations Response to Ecology comments - May 15, 2007 Act: means the Washington State Shoreline -Management Act of 1971, Chapter 90.58 RCW, as amended. Acee-ss -lifted-�ub/�--aseess-naea�s: {1-}--Aeteal--phy-sieat--acres -#rim--laed--te-tl�e-�rdi�a�y�.-h+g#�--water �ar-k-sr c -e -ss bei -!+Filed tfraes-©r {2-)--Vieu.ai--aeE-es-s--a-vai-1able-4e the geeeFal-p..b4ic---to--i-he--shereline-aid a ly-pFevided-€o F-ifl-the develepmen-t ef-t#e s+te- AGGes�pebtie-aeeess-FReaRs-aetuat-uaob-str-usted-access-avallabl e-te tie general public trc -tar}d tt3e e aa4�y-high-wate4�4-er-to-the Amendment means a revision, update, addition, deletion, and/or reenactment to the Federal Way SMP. A-veFage--grade level-ff4eaas-the average -of -the-naWral eF existng n artificial water feedina. raisin hellfish is and animalRMMMIM.Adlets and hina. cultivatina. alantin maintenance and constructionb'f necessary equipment, buildings, and growing areas. Cultivation methods include but are not limited to fish pens, fish traps or other similar apparatuses. Average grade level means the average of the natural or existing topography of the portion of the lot, parcel, or tract of real property which will be directly under the proposed building or structure. In the case of structures to be built over the water, average grade level shall be the elevation of the ordinary high water mark (OHWM). Calculation of the average grade level shall be made by averaging the ground elevations at the midpoint of all exterior walls of the proposed building or structure. Backshore means a berm, together with associated marshes or meadows, on marine shores landward of the ordinary high water mark which is normals above high tide level and has been gradually built up by accretion. Bank means a steep rise or slope at the edge of a body of water or water course. Beach nourishment means the artificial replenishing of a beach by delivery of materials dredged or excavated elsewhere. Berm means a ledge or shoulder consisting of mounded earth or rock. Beash-#eec�ing--rnear�-aaedfill-depesited-�-lar+d; eF+r�-tl�e-wa#�r-,--to-be d+sfributed--by- natur-al--w-ater-faf=c�cesses-fir-tbe--pt�rpase-cif-s�+pplemerktir�g beaGh mate-Fal- Pa( -,e 3 ole 59 Com_ of Federa' Wav SMP - Article llt. Shoreline Management - draft Requlations _Response to Ecology comments - May 15. 200 Berm {af seve Sand and gFa�t� geReFally paralleling4he f ma k-WhiGh-are-Ref.44+a4l��-sta#lebee-aese-G4-mateFial-size-eF-vegetat+o :- Breakwater means an off -shore structure, either floating or not, which may or may not be connected to the shore, such structure being designated to absorb and/or reflect back into the water body the energy of the waves. Bulkhead means a selid e , otheF materials _Gr-a_G4amhin tiGR Of these mnteFials eFeGted geRerall o p Fpe a of Fsteet+F}g adfase -s# or�laF}ds-a r-�+plaflds raGuff-e-rets. a wall ; seawall embankment or other structure erected at or near the OHWM and roughly parallel to the shoreline that retains or prevents sliding or erosion of land or protects land from wave or current action. Bluff means a steep slope which abuts and rises from Puget Sound. Bluffs contain slopes predominantly in excess of 40 percent although portions may less than 40 percent. The toe of the bluff is the beach of Puaet Sound. The top of a bluff is typically a distipA#.Iline where the slope s out. Where there is no distinotMda- in sloe the slope is of vegetation separating tho&egelited slope from the lands oiateau or. when -N AuObrveUtated, the point whe_ri the bluff slope diminish geoteKjiGaIly-partiali-y 4evelepe4,--an�d-PGt4epen4ably-4Fy- baGs�-e-abeve #iq"de- available at high tide. Conditional use means _ause, development, or substantial development which is classified as a shoreline conditional use or is not classified within the SMP. Critical salmonid habitats mean habitats that are used by Pacific salmonid species that migrate between fresh water and salt water during their life cycle. These habitats include: 1 Gravel bottomed streams used for spawning; 2 Streams lakes and wetlands used for rearing, feeding, and cover and refuge from predators and high waters; 3 Streams and salt water bodies used as migration corridors; and 4 Shallow areas of salt water bodies used for rearing, feeding, as well as cover and refuge from predators and currents, including but not limited to forage fish habitats such as sandy beaches and eelgrass beds; and 5 Pocket estuaries including streams mouths and deltas where freshwater mixes with salt water and provides rearing habitat for iuvenile salmonids. All saltwater shorelines in Federal Way are critical salmonid habitats. Pa,,e 4 of 59 City of Federal Wav SMP — Article 111'. Shoreline Management — Draft j3egMations Response to Ecology comments - May 95, 2007 Development means a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumpingfilling; removal of any sand, gravel, or minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subiect to the SMA (RCW 90.58) at any state of water level. Dock means all platform structures in or floating upon water bodies and connected to land to provide moorage or landing for waterborne pleasure craft and/or water -dependent recreation uses. Dredging means the removal of earth from the bottom of a stream, marine water bodyf3ay, lake or other water body for the purposes of deepening and/or maintaining a navigational channel Drift cell (Also referred to as "drift sector," or "littoral cell") means a particular reach of marine shore in which littoral drift may occur without significant interruption and which contains any natural sources of such drift ical. chemical. and bio that constitute the shoreline's -reN14t 0 aMRIFi T-8116 MS, I environments naturaliv occurri physical and geologic process f I rosion, transport, and depositior specific chemical processes that shape landforms within a specific shoreline ecosystem and determine both the types of habitat and the associated ecological functions. ,_leer-etine envirow-ne ies of �ftoret+r�es efzt-stat���a; '+s4ed by-the-city--of-Feder-al Way-shwekne4naf�age egFam- -to regaFding their use and f uta rre de,relen Exemptions means those development activities set forth in WAC 173- 27- 040 Ghapte;-the-l=edera -Viay-&MP which are not required to obtain a Substantial Development Permit but which must obtain an authorized statement of exemption and which must otherwise comply with applicable provisions of the Act and the City's local shoreline master program -SMP. Fair market value means the open market bid price for conducting the work, using the equipment and facilities, and purchase of the goods, services and materials necessary to accomplish the development. This would normally equate to the cost of hiring a contractor to undertake the development from start to finish, including the cost of labor, materials, equipment and facility usage, transportation and contractor overhead and profit. The fair market value of the development shall include the fair market value of any donated, contributed or found labor, equipment or materials. Parc 5 of 59 City of F: _deral Way SMP — Article 111. Shoreline Management — Draft Regulations Response to Ecology comments - May 95, 2007 Feasible means that an action such as a development project, mitigation, or preservation requirement, meets all of the following conditions: (a) The action can be accomplished with technologies and methods that have been used in the past in similar circumstances or studies or tests have demonstrated in similar circumstances that such approaches are currently available and likely to achieve the intended results; (b) The action provides a reasonable likelihood of achieving its intended purpose; and (c) The action does not physically preclude achieving the project's primary intended legal use. In determining an action's feasibility, the reviewing agency may weigh the action's relative public costs and public benefits, considered in the short- and long-term time frames. Fill means the addition of soil sand, rock, gravel, sediment, earth raining structure or other material to an area watepgard of the OHWM, wetlands, or on shorelands i_n_ _a manner thatlo%, s the elevation or cre ates dry land. Float means a structure or is moored, anchored, or other and which is not connected to ,qj breakwater and which waters of Federal Way, Floodplain means one hundred -year flood plain and means that land area susceptible to inundation with a one percent chance of being equaled or exceeded in anVgiven year. The limit of this area shall be based upon flood ordinance regulation_ maps or a reasonable method which meets the objectives of the Act. Geologically hazardous areas means areas which because of their susceptibility to erosion, land -sliding, seismic or other geological events are not suited to siting commercial, residential or industrial development consistent with public health or safety concerns. Geologically hazardous areas include the following areas: (1) Erosion hazard areas are those areas having a severe to very severe erosion hazard due to natural agents such as wind, rain, splash, frost action or stream flow. (2) Landslide hazard areas are those areas potentially subject to episodic downslope movement of a mass of soil or rock including, but not limited to the followingareas: reas: a. Any area with a combination of: 1. Slopes greater than 15 percent; 2 Permeable sediment predominately sand and gravel, overlying relatively impermeable sediment or bedrock, typically silt and clay; and 3 Springs or groundwater seepage. Ila oe 6_o 1-59 City of Fede�rai flay SNIP — Article W. Shoreline. Management — Draft Regulations Response to Ecology comments - May 15, 2007 b. Any area which has shown movement during the Holocene epoch, from 10,000 years ago to the present, or which is underlain by mass wastage debris of that epoch. c. Any area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action. d. Any area located in a ravine or on an active alluvial fan, presently or potentially subject to inundation by debris flows or flooding. e. Those areas identified by the United States Department of Agriculture Soil Conservation Service as having a severe Limitation for building site development. f. Those areas mapped as class U (unstable), UOS (unstable old slides), and URS (unstable recent slides) by the Department of Ecology. g. Slopes having gradients greater than 80 percent subject to rockfall during seismic shaking (3) Seismic hazard areas are those areas subject to severe risk of earthquake damage as a result of seismically induced ground shaking, slope failure, settlement or soil liquefaction, or surface faulting. These conditions occur in areas ur�d$rlain by cohesionless soils of low densitv usually in associatier*Ith a shallow groundwater table. 4 Steep slope hazard areas are t iawith a slo e of 40 percent o areater and with a vertic r i & ib more feet. a vertical rise of d measured averaging the inclination'over at least 10 feet of vertical relief. Geotechnical renort or geotechnical analvsis means a scientific stud or evaluation conducted by a qualified expert that includes a description of the ground and surface hydrology and geoloqy, the affected land form and its susceptibility to mass wasting, erosion, and other geologic hazards or processes, conclusions and recommendations regarding the effect of the proposed development on geologic conditions, the adequacy of the site to be developed, the impacts of the proposed development, alternative approaches to the proposed development, and measures to mitigate potential site-specific and cumulative geological and hydrological impacts of the proposed development, including the potential adverse impacts to adjacent and down -current properties. Geotechnical reports shall conform to accepted technical standards and must be prepared by qualified professional engineers or geologists who have professional expertise about the regional and local shoreline geology and processes. Gradina means the movement or redistribution of the soil, sand, rock aravel. sediment. or other material on a site in a manner that alters the natural contour of the land. Groin means a barrier type structure extending from the backshore into the water across the beach. The purpose of a groin is to interrupt sediment movement along the shore. Page.7._o f 59 sitz' of Federal Way SMP — Article III. Shoreline Management — graft Regtilations Response to Ecology comments - May 15, 2007 Height means that distance measured from average grade level to the highest point of a structure: Provided, that television antennas, chimneys and similar appurtenances shall not be used in calculating height except where such appurtenances obstruct the view of the shoreline of a substantial number of residences on areas adioining such shorelines, or the applicable master program specifically requires that such appurtenances be included: Provided further, that temporary construction equipment is excluded in this calculation. Jetty means an artificial barrier used to change the natural littoral drift to protect inlet entrances from clogging by excess sediment. Landslide means an episodic downslope movement of a mass of soil or rock that includes but is not Limited to rockfalls, slumps, mudflows, and earthflows. Land surface modification means the clearing or removal of trees, shrubs, groundcover and other vegetation and all grading, excavation and filling activities. Littoral drift means the natural move ment,ef'% d ment along marine or lake shorelines by wave break ave -act' ` in response to prevailing winds. kj Major stream means anv s I g ALL ibutaries to any stream which contains or supports, or ' nrjn,' circumstances contains or su000rts. resident or miaratory ' hM there exists a natural permanent blockage on the stream cours"hich precludes the upstream movement of anadromous salmonid fish then that portion of the stream which is downstream of the natural permanent blockage shall be regulated as a maior stream. Marine means pertaining to tidally influenced waters, including Puget Sound and the bays estuaries and inlets associated therewith. Minor stream means any stream that does not meet the definition of "major stream." Native Shoreline Vegetation means trees, shrubs and other plant species that are indigenous to a specific area or region. Plants native to western Washington are referenced in Flora of the Pacific Northwest (Hitchcock and Cronquist). Ornamental landscaping and invasive species shall not be considered native shoreline vegetation. Natural or existing topography means the topography of the lot, parcel, or tract of real property immediately prior to any site preparation or grading including_ excavating or filling. Nearshore means either nearshore environment or nearshore habitat and refer generally to an area along the Puget Sound shoreline that extends from the top of bluffs or upland area immediately adjaLE nt to the t'ar _8 of 59 City of Federal Way SMP — Article 111. Shoreline Management — Draft Regulations Response to Ecology comments - May 15, 2007 beach to the point where sunlight penetrates marine waters to a depth where aquatic plant life is supported. Nonconforming use or development means a shoreline use or development which was lawfully constructed or established prior to the effective date of the Act or the applicable SMP, or amendments thereto, but which does not conform to present regulations or standards of the SMP. Non -water -oriented uses means those uses that are not water - dependent, water -related, or water -enjoyment, and which have little or no relationship to the shoreline and are not considered priority uses under the SMA. Examples include professional offices, automobile sales or repair shops, mini -storage facilities, multifamily residential development, department stores, and gas stations. Ordinary High Water Mark (OHWM) means the mark on all lakes, streams and tidal waters that will be found by examining the beds and waters are so the soil a character distinct from that`"of We auttin with r)ermits issued by a local c6,Y1k*'it 6-r the Department of Ecoloay. ordinary hiah water mark adioiirna saltwater shall be the line of mean higher high tide and the ordinary high water mark adjoining freshwater shall be the line of mean hiqh water. Permit means any substantial development, variance, conditional use permit, or revision authorized under chapter 90.58.RCW. Pier means any platform structure or floating structure upon water bodies that is connected to land and provides public access, fishing or moorage for watercraft engaged in commerce or public transportation. Primary Structure means the structure associated with the principal use of the property. If more than one structure is associated with the principal use of the property, the one with the highest value shall be considered the primary structure. Public Access means the public's ability to get to and use the State's public waters, the water/land interface and associated public shoreline area. Public Utility means the facilities of a private business organization such as a public service corporation, or a governmental agency performing some public service and subject to special governmental regulations, the services which are paid for directly by the recipients thereof. Such services shall include but are not Limited to: water supply, electric power, telephone, cablevision, natural gas and transportation for Parc; 9 of 59 City of Federal Way SMP - ��rticle ltl. Staorel/ne Management - t7rtt Regu;ations Response to Ecology comments - May 15, 2007 persons and freight. The term also includes broadcast towers, antennas and related facilities operated on a commercial basis. Restoration means in the context of "ecological restoration," the reestablishment or upgrading oq f impaired ecological shoreline processes or functions. This may be accomplished through measures including, but not limited to revegetation removal of intrusive shoreline structures and removal or treatment of toxic materials. Restoration does not imply a requirement for returning the shoreline area to aboriginal or pre -European settlement conditions. Riprap means a laver, facing or protective mound of angular stones randomly placed to prevent erosion, scour or sloughing of a structure or embankment also, the stone so used. Shorelands also referred to as "shoreland areas," means those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward two hundred feet from such floodways: and all wetlands and river deltas assocfatod with the streams, lakes. and tidal waters which are subject to theOVision_s of this chapter; the same to be desiqnated as to location t iaiD t3artme Director of the'' 6 'ar`°t e'nt of Community Develo rr his or her designee and is 406 le_for administering the Federal Way SMP. Shoreline environment designation means the categories of shorelines of the state established by the city of Federal Way shoreline management master program to differentiate between areas whose features imply differing objectives regarding their use and future development. Shoreline jurisdiction means all "shorelines of the state" and "shorelands" as defined in the Federal Way SMP and RCW 90.58.030. Shoreline Master Program (SMP) means the comprehensive use plan for a described area and the use regulations together with maps, diagrams charts or other descriptive material and text, a statement of desired goals and standards developed in accordance with the policies enunciated in RCW 90.58.020. Shoreline modifications means those actions that modify the physical configuration or qualities of the shoreline area usually through the construction of a physical element such as a dike, breakwater, pier, weir, dredged basin fill bulkhead or other shoreline structure. They can include other actions such as clearing ,and grading-�4iGa#GR-of GheMjGa�s. Shoreline variance means to grant relief from the specific bulk, dimensional or performance standards in the local SMP, but not a means to vary a "use" of a shoreline. Shoreline stabilization means actions taken to address erosion impacts to property, dwellings businesses, or structures caused by :Paye l0 0f7 59 Cit o� f Federal Way SMP - Article lll. Shoreline Management - Draft Regulations Response to Ecology comments - May 15, 2007 natural shoreline processes such as currents, floods, tides, wind or wave action. Shorelines means all of the water areas of the state, including reservoirs, and their associated shorelands, together with the lands underlying them; except (i) shorelines of statewide significance; (ii) shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second or less and the wetlands associated with such upstream segments; and (iii) shorelines on lakes less than twenty acres in size and wetlands associated with such small lakes. Shorelines of Statewide Significance means those areas of Puget Sound in the City of Federal Way lying seaward from the line of extreme low tide. Shorelines of the state means the total of all "shorelines" and "shorelines of statewide significance" within the City of Federal Way. Soft -shore bank stabilization means the use of bioengineering or technical bank stabilization measures where veaelation. loas. roc beach nourishment are used to address erosied bontrol and slope stabilitv. means the Shoreline M Stringline setback means the primarystructures ffle'"drawn between the points on the greatest projection (inGludiRg _waterward on the two adjacent properties. If one of the adjacent properties is unimproved the line shall be drawn to the point of the standard shoreline setback at the side Property line of the unimproved lot. Substantial Accessory Structure means non primary structures equal to or larger than 400 square feet and in good repair. Water -dependent means a use or portion of a use which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. Examples of water dependent uses may include ship cargo terminal loading areas, ferry and passenger terminals, barge loading facilities, ship building and dry docking, marinas, aquaculture, float plane facilities and sewer outfalls. W-ateFeflje aentmeaRS a;eereatioeal use, -e hef-ese faGilitat iRg p,ubl•i {ems-awe^ads-.te- the r -sl ief/-��e4n4a-tea �+ /. pry stiey-,$f-t-ki��{ , se; eF a use-tkhat provides FecfGat4Gnal use eF aest7,� #G--eRjGyMeat-C)7--the the use and whiGh threugh the f pf 4loe--P4Y iEaa aRd aesthe#+c geai+tees a the }O elFf arj--u-s--, he use Fn uo� ho l+Rd the shnr 'fie—nrioTRtted spat- Within the starel+pe ea}AjFna2f� Prifaaary-water enjeyrAeRt UesMay4RGlude, but are not- in*ed-te,-W-kr , pief s-ofRd-ethee4}ts-faG44at4ng-pub4G .Pane 11 of'59 Cit a, Federal VIay SMP - Article 111. Shoreline Management.- Draft ReWations Response to Ecology comments - May 15 2007 I rn enies r--eFtS Rd vnrl �cn �EIEra'#-1�-F6tCE(3�9�6£arr-L�:.. „, . --e- -- -...� -FSI-ic�..�.r ate.. S6ff4pie;Gla , spec-+fieatiens-and-the.-pfrevi-skw.- of t#e-4�Aa-ster r-Gg . 1Va ter-eri2Pted- rnlated and/GF Ovate eFoymon4 uses and sepses as ^n all eRGeFnnaSSiRg Water -related means a use or portion of a use which is not intrinsically dependent on a waterfront location but whose economic vitality is dependent upon a waterfront location because: (1) Of a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water; or (2) The use provides a necessary service supportive of the water - dependent commercial activities and the proximity of the use to its customers makes its services less expensive and/or more convenient. Examples include professional services serving primarily water -dependent activities and storage of water -transported foods. (Ord. No. 98-323, § 3, 12-1-98; Ord. No. 99-355, § 3, 11-16-99) 1900, Wet water at a surface water Dort. and that under normal circumstances d i u&,K' a prevalence of vegetation tvDically adaoted for life in s- ftl soil_ conditions. Wetlands generally include swamps marshes bb' Ygs and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites including but not limited to irrigation and drainage ditches, grass - lined swales canals detention facilities, wastewater treatment facilities, farm ponds and Landscape amenities, or those wetlands created after July 1, 1990 that were unintentionally created as a result of the construction of a road street or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands. Pane 12 01759 City qf FectE, it Way SMP - Article Ill. Shorelioc. Management - Draft Regulations Response to Ecology comments - May 15, 2007 Division 2. Shoreline Regulation 18-164 [NEW SECTION] General development standards. The following general development standards apply to all uses and activities in all shoreline environments: (a) Impact mitigation. (1) To the extent Washington's State Environmental Policy Act of 1971 (SEPA), chapter 43.21 C RCW is applicable the analysis of environmental impacts from proposed shoreline uses or developments shall be conducted consistent with the rules implementing SEPA (FWCC XX and WAC 197-11). Mitigation for adverse impacts to shoreline functions will be triggered during the SEPA review, shoreline land use permit process or exemption approval process. (2) Where required mitigation measures shall be applied in the following sequence of steps listed in order of priority. a. Avoiding the impact altogether by rept a certain action or parts of an action; A& 1", k ', of the its implementation by u!hh&A6bWrNte technology__or by taking affirmative to avoid or re ilitatina. or restoring the affected environment; d. Reducing or eliminating the impact over time by preservation and maintenance operations; e. Compensating for the impact by replacing enhancing, or providing substitute resources or environments; and f. Monitoring the impact and the compensation projects and taking appropriate corrective measures. 43�(3) In determining appropriate mitigation measures applicable to shoreline development lower priority measures shall be applied only where higher priority measures are determined to be infeasible or inapplicable. ( ) Required mitigation shall not be in excess of that necessary to assure that proposed uses or development will result in no net loss of shoreline ecological functions. (5) Mitigation actions shall not have a significant adverse impact on other shoreline functions fostered by the policy of the Shoreline Management Act. {6��6) When compensatory measures are appropriate pursuant to the mitigation priority sequence above preferential consideration shall be given to measures that replace the impacted functions directly and are located in the immediate vicinity of the impact. However, alternative compensatory mitigation Cqgy be authorized if said mitigation occurs within the watershed and addresses limiting factors or identified critical needs for shoreline conservation based on watershed Pale 13 ot.-59 City of Federal Way SMP — Article 111'. Shoreline Management -- Draft Regulations Response to Ecology comments - May 15. 2007 or comprehensive management plans. Authorization of compensatory mitigation measures may require appropriate safeguards, terms or conditions as necessary to ensure no net loss of ecological functions. -Vegetation conservation. Existing ga#ve shoreline vegetation shall be preserved per development standards established for each shoreline environment designation. (c) Water quality / stormwater. All activities and development within the shoreline iurisdiction shall incorporate water pollution control measures and best management practices (BMPs) for stormwater management. Such measures shall address both temporary impacts to water quality from construction activities as well as the need for permanent stormwater management facilities in compliance with the requirements and restrictions of all applicable city and state regulations. d) Critical areas. Activities found within shoreline jurisdiction are required to com ly;With the #e11e development standards outlined in Appen6ix dritical Areas and Appendix B - Flood Damage Reduce each area described below. (1) Gao/oaic Hazard Areas'".Re. t6` ' bblociicaIIv hazardous areas located azard area steep slopes and erosion haz.ftaas. If a geologic hazardous area is located within the shoreline iurisdictio all activities on the site shall be in compliance with the requirements and restrictions of Sections 1, 2, 3 and 4 of Appendix A . (2) Streams and Wetlands. If a stream or wetland is located within the shoreline jurisdiction all activities within the shoreline jurisdiction shall be in compliance with the requirements and restrictions of Sections 1 2 31 5 and 6 of Appendix A. .(3) Flood Damage Reduction. If an area of special flood hazard is located on or adjacent to a development site within shoreline jurisdiction, a!l activities on the site shall be in compliance with the requirements and restriction of Appendix B. (4) Critical Aquifer Recharge Areas and Wellhead Protection Areas: If a critical aquifer recharge area or wellhead protection area (as defiRed 6R F=WGG GhapteF 224 is located within the shoreline jurisdiction, all activities within the shoreline jurisdiction shall be in compliance with the requirements and restrictions of W-G"hapteF 22 °FthGle XI -V D+visien 9. GME; l-AFeasSections 1, 2 3 and 7 of Appendix A. e) Critical salmonid habitats. All saltwater shorelines in Federal Way are critical salmonid habitats. Activities and development in critical salmonid habitats found within the shoreline iurisdiction are required to comply with the following development standards in _addition to those contained in other sections of this chapter: Paye 14 o 159 Citv of Federal Wav SMP - Article lll. Shoreline Manegernent_-_Draft Regulations Response to Ecology comments - May 15, 2007 (1) Structures which prevent the migration of salmon and steelhead are prohibited*Rthe-PGGnS nye -water bodies used b fish. Fish bypass facilities shall allow the upstream migration ofvadult fish. Fish bypass facilities shall prevent fry and juveniles migrating downstream from being trapped or harmed. Wbefe aR existiRg bulkhead OF StFUGtUF8 GaRnet be ---fe ifef ;tall, , safety, OF RVIFORM Rta+fy mpaGtiRg alternative shall be used. Any Fep!aGer:ReRt bulkhead ()F shore preteGtieR StF61GtUFe shall be as Giese to the existing StFUGWre eeslblesenstfueteg-bul #ead. (26) _Bul -hamea .water jetties;- .; � andE)thef—sShoreline mod if icationpfetestien structures may intrude into acritical salmonid habitats only where the proponent demonstrates all of the following conditions are met: a. An alternative alignment or location is not feasible; b. The project is designed to minimize its impacts on the environment; G. The faGility is in the n„hlin interact• and cd. If the project will create s+gRifieaRt unavoidable adverse impacts, the impacts are mitigated by creating in-kind replacement habitat near the project. Where in-kind replacement mitigation is not feasible, rehabilitating degraded habitat may be required as a substitute. d. -The project satisfies all provisions of section 18-165 Shoreline modifications. , +efs;-pitifs and #leat��-s#all fl$thabitats. The pFej t shall be designed to minimise its iMpaGts OR the envirnnmeRtt. Pate 15 of 59 Com_ of F- der al Wa+LSMP -Article t (l. Shoreline fvlanegement - Druft Regulations Response to Ecology comments - May 15 2007 (33) Open pile bridges are the preferred water crossing structures over sal -on -and etee4-4eadcritical salmonid habitats. If a bridge is not feasible, one of the following water crossing structures may be approved if the impacts a -re -can aece-ptablebe mitigated: temporary culverts, bottomless arch culverts, elliptical culverts or FGURd other fish -passable round culverts. These structures are listed in priority order, with the first having the highest preference and the last the lowest preference. In order for a lower priority structure to be permitted, the applicant must show the higher priority structures are not feasible. The project shall be designed to minimize its impacts on the environment. (4g) Bridges and in -water utility corridors may be located in sakMoa-aod steetl4eadcritical salmonid habitats provided the proponent shows that all of the following conditions are met: a. An alternative alignment is not feasible; b. The project is located and designed to minimize its impacts on the environment; c. Any alternative impacts are mitigated; and d. Any landfill is located landward of the ordinary high water mark. Open piling and piers required to const aqd the bridge may be placed waterward of the ordinary high water mark cif `'01al , rnative method is feasible. ' ! When installing in water utilities, the installer m o place native material on the bed and banks of the water body e n to re-establish the preconstruction elevation and contour of the �?! project shall be designed to avoid and minimize4ts impacts on the en r ironment. (54.9) Dredging in critical salmonid habitats whiGh will damage shalle feediRg and Fefuge shall not be allowed unless the proponent demonstrates all of the following conditions are:met: a. The dredging is for a water -dependent or water -related use; b. An alternative alignment or location is not feasible; 3. The project is designed to minimize its impacts on the environment; d. Therp oiect f,aty is in the public interest; and e. If the project will create significant unavoidable adverse impacts, the impacts are mitigated by creating in-kind replacement habitat near the project. Where in-kind replacement mitigation is not feasible, rehabilitating degraded habitat may be required as a substitute. _(�1'1� 1)_Dredg' t#e-water ir,ce is pFeh*b+ted Within In -water dredge spoil disposal sites shall not be located in SatmoR Rd steelhcritical salmonid habitats. ( IR -1-3) -1.4RdFfilling, dredging, channelization and other activities which negatively impact habitat-A34+es are prohibited in wetlands, ponds, and side channels which are associated with critical salmonid habitats. (84-344) Within sa!MG^ and steelhea critical habitats, permanent channel changes and realignments are prohibited. _(4415) AquaGUIture uses shall net be established iR salMGR and steel head GF4iGa 1 salmenid habitat§i, eXGept f9F aFeas that aFe GRIY used fer Pav-e 16 of 59 City of Federal !Nay SMP - Article ill. Shoreline Manaoement - Draft Reputations Response to Ecology comments - May 15, 2001 at!Gn- GOFFiGIOFS. This Fegula#+on ONY a riot (9-15) The removal of aquatic and riparian vegetation within or adjacent to sa!FnE)R ste-eiheadcritical salmonid habitats shall be minimized. Trees which shade side channels, streams, Y' estuaries, ponds and wetlands used b sa!FnGR and steelhassociated with critical salmonid habitats shall be maintained consistent with the provisions of this chapter. Areas of disturbed earth shall be revegetated. (104-6) Unless removal is needed to prevent hazards to Fife and property or to enhance #s4 -critical salmonid habitats, large woody debris below the ordinary high water mark shall be left in the waterway to provide salmon and steelhead habitat. (Ord. No. 98-323, § 3, 12-1-98; Ord. No. 99-355, § 3, 11-16-99) (f) Archaeological and historic resources. (1) If anv archeoloaical artifacts are unc 71W? shoreline work must stop and the f"Federal Way and the Department of Archeology and Hi 1 ri e ervation must be notified. 2 Permits issued in ar W", or1hiQhIv suspected to co► archeological artifacts 9,ft,%1Cr6W ave provisions providing for a inspection and evalua'ia #" n archeolo ist prior to initiatior disturbance and for mon'i Nn a of potentially disruptive activities. CoE inspection and evaluaffon of the site will be the responsibility of the applicant. Significant archeological data or artifacts shall be recovered before work begins or resumes on a project. (g) Public access. (1) In review of all shoreline permits or developments of more than four (4} residential lots or dwelling units, or subdivision of land into more than 4 lots, or commercial development, consideration of public access shall be required when: a. The development would generate demand for one or more forms of public shoreline access; and/or b. The development would eliminate, restrict, or otherwise impair existing legal access opportunities or rights. (2) Requirements or conditions for public access shall be consistent with all relevant constitutional and other legal limitations on regulation_ of Private property. ,(3) Public access requirements shall not be required in areas where the City has prepared a comprehensive shoreline public access plan per WAC 176-26-221(4)(c) or when the applicant demonstrates that one or more of the following provisions apply. a. Unavoidable health or safety hazards to the public exist that cannot be prevented by any practical means; Paye 17 01 59 �Cityofi Federal Wa y SMP - Article W. Shoreline Management - haft Re.(,-uh tions Response to Ecology comments - May 15: 2007 b. Inherent security requirements of the use cannot be satisfied through the application of alternative design features or other solutions; c The cost of providing the access easement alternative amenity, or mitigating the impacts of public access is unreasonably disproportionate to the total long term cost of the proposed development; d Significant environmental impacts would result from the public access that cannot be mitigated; and/or e Significant undue and unavoidable conflict between any access provisions and the proposed use and/or adjacent uses would occur and cannot be mitigated. (4) Public access shall consist of a dedication of land, easements or a physical improvement in the form of a walkway, trail, bikeway, corridor, viewpoint park or other area serving as a means of view and/or physical approach to shorelines of the state and may include interpretive centers and displays. 5 Public access locations shall be clew" asked with visible signage. 6 Public access provided b .gshorin tr t ends ublic utilities and rights-of-way shall not berld�ir !seri ` b 1 CW 86.87.130 . 7 Shoreline develor) v public entities including the CitV of Federal Way, state age ft 06!-s }and public utility districts shall include public accessmeasures as art of each development project, unless such access is shown to be incompatible due to reasons of safety, security, impact to the shoreline environment or other provisions in this section. 18-165 fNEW SECTION] Shoreline modifications (a) Shoreline pfetes# Gg stabilization. Shoreline stabilization preteetiee may be permitted in the shoreline residential and urban conservancy environments, provided: (1) Shoreline stabilization, including bSulkheads shall not be considered an outright permitted use on the city's Puget Sou shorelines. In order for a-prepased bulkhead shoreline stabilization to be permitted the City , I . its, the Gity of Federal Way shall Feview the prepased bulkhead design as it relates to IGGal PhySiGal GOnditiORs and the Gity ef Federal must find that: a. Erosion from waves or currents presents a clear and imminent threat to a legally established primary structureFesideRGe, one or more substantial accessory structures, or public improvements. The applicant shall provide a geotechnical_report, prepared by a qualified professional, that estimates the rate of erosion and evaluates alternative solutions; and b. N onstructural alternatives such as slope Pa -,e 18 of59 City of Federal Way SMP — Article ill. Shoreline Management — Croft Regulations Response to Ecology comments - May 15, 2007 drainage systems, vegetative growth stabilization, gravel berms, and beach nourishment, and that GUGh alteFRatives shall be prioritized over structural options such as bulkheads and riprap. The "softest" effective alternative shall be utilized; and are - Ret --tes#e+catly--fea6ible--Gr - --Rat adequately pFE)teGt -a legally established UGt PeFesidem-ey Br s bstaRt*al aGGessery ctrU G ern c. In the case of bulkheads and riprap, Tthe proposed shoreline stabilizationbulkhead is located landward of the ordinary high water mark; and d.--T-he-ria-*mu eight ef the prep d -bulkhead +s-rye-naeFe t ane -feet abeve-the- ele s,-or-fetur- feet iR height, measuFed frern grade—on the waterward side—of—the huILh ad en lakes. The proposed shoreline stabilizationgretest+en is the minimum size necessary to protect existing improvements; and e. The applicant shall demonstrate that impacts to sediment transport are minimized to the greatest extent possible; and f. Shoreline stabilization shall not have ari-adverse impact on the ned so shoreline protection elsewhere; and a. Shoreline stabilization sha water R constructed usina an aooroveiliFt Cc6 i &r other suitable means to allow oassaae of surface and arcUrf O,6ter without internal erosion of fine material; and P --- h. Shoreline stabilization shall not be used to create new lands; and i. Use of chemically treated wood is prohibited for any shoreline stabilization proposal within freshwater lake shorelines, and L Use of creosote treated wood is prohibited within marine shorelines; and k. Re -vegetation with native plants is required as part of the shoreline stabilization project. (2) When a bulkhead is permitted subject to subsection (1) above, the following standards shall appy: replaGiRg,-subjee-tte-the-feNewiag a. The maximum height of the proposed bulkhead is no more than one foot above the elevation of extFeFne N9 ate mean higher high water on tidal waters or one foot in height above the elevation of ordinary high water mark on lakes measured from grade on the waterward side of the bulkhead; and b. When a bulkhead has deteriorated such that the ordinary high water mark has been established by the presence and action of water landward of the existing bulkhead, then the replacement bulkhead must be located at or landward of theaS ReaF as -possible to the aGtua4 ordinary high water mark. t'aac 19 of 59 City of Ftd� ra v^✓gy IE - Article Ill. Shoreline & anvoement - Draft Regulations Response to Ecology comr77ents - May 95, 2007 b. WheR aR existing bulkhead is beiRg repaired by the GORStFLIGt eew feetiflS. c. Repair of an existing bulkhead is permitted provided that the repaired bulkhead is not relocated further waterward or increased in height. d If an existinq bulkhead is destroyed it may be replaced as it existed prior to destruction provided application for required permits is made within one year of destruction. (b) Piers, Docks, Moorage Buoys, and Floats. (el) Pees lePA4al_ --piers, docks floats, buoys or moorages laURG" fas+l+ties; send+tiensstandards. Any pier, dock, moorage, buoy or; float il+ty authorized by subsections XXX of the Environmental Designations section () th-F h(f— f) of this Se-Gti9^ shall be subject to the following conditions: O )a. Residential piers are prohibited on the Puget Sound shoreline. {-fib. Piers shall only be gefm+tte4aIlowed for water -dependent uses and public access. c. No dwelling unit may be constructed on a pier or dock. �!. Excavated moorage slips fafn 4y---res+lenses;-4i4uf4famity--devetopfnent; or—as------ceffimeR--use—fae4We&s ae£ess t�-stivis♦ees and-st�ebdiisis: are prohibited as accessories to residential development. F'a&,c_.20 of 59 Cityof Lgderal Way SMP - Article lll. Shorehrie Management - Drat E' mule Cgns Response to Ecology comments - May 15, 2007 044 d. No covered pier, covered moorage, covered float, or other covered structure is permitted waterward of the ordinary high water mark. (5)e. e ;Piers, docks, moorages, buoys or floats shall meet the side and rear yard setbacks of the underlying zoning classification, except in the case of shared facilities, in which case no side yard setback is required. -join rise--piers-made peFmitted-t p W twiee-th sine -area a" 4 -by this title. (fig#. All piers, moorages, buoys, floats, or other such structures shall notfleat at all times eR the surtane of the wateF,oFall�of GpeR pile GORGtFUGt*GR,-'ne-Peffien-e# the-.-str„^t„re sh-,u,l during the course of the normal fluctuations of the elevation of the water body, protrude more than five feet above the surface of the water. I surface area of docks and for anv shoreline development. shaf,14%trexceed 400 sauare feet for facilities shared between four or rrr€ e'i d"9Ib'rs andf'1.000 sauare feet for facilities M.--•1« V"d-1 e P-1 i. Any pier, dock, float, buoy or moorage must be constructed out of materials that will not adversely affect water quality. Use of chemically treated wood is prohibited in freshwater lake shorelines. Use of creosote treated wood is prohibited in marine shorelines. j. Any new pier or dock must be constructed from materials (i.e., grating) that allow light penetration through the structure. k. Any new pier or dock must be located generallVerpendicular to the shoreline, and oriented to minimize shading impacts to the maximum degree feasible. I. Mooring buoyspreferred over pile or float structures. Proposals for new pile or float structures must first demonstrate that use of mooring buoys is not feasible. m. Moorage at public docks is limited to recreational purposes. Public docks may not be used for commercial or residential moorage. (f)o Residential piers;—docks, floats, buoys or moorage, ev'efepmepA.Piefs;-docks, moorages b, uoys or; floats, may be permitted accessory to a single-family residence, multifamily development, or as common use facilities associated with a subdivision, or short subdivision, in accordance with this chapter and the following limitations: / 11 Oe-rJ_usePFOPeFhe peFmittniJ I t Federal Way shoreline s. Paye 21 of 59 City of Federa? Wav SMP - Article 11l. Shoreline Management - Draft Regvlatror�s Response to Ecology comments - May 95, 2007 �stigated and aFe Rot available oF feasible: a :-Eo�fnexE ia�-e r ---m a r+�a- r�orage a. No more than one dockpiw for each existing residential lotee is permitted. shall be PeFrnitted OxICOMt When beth lets abUttoRg the subjeGt let have legally established -Vii -is then the lot with less thaR 50 feet ef wateFfFeRt may be perFn*#ed aR {-fib. New multiple -family developments, er-s--ate- p+er-s subdivisions or short subdivisions shall be permitted one shared dock. as a !`llnlMOR use faGilif„ shall not evneed the fellewin afl. Ne more ii -e -Re -pier feF o nh 100 foot of shoreline acrnniated the M. da -deve4)i4meRt, subdivisieR, eF short subdiViSiOR is permitted. 912. The total number of moorage spaces shall be limited to one moorage space for every two dwelling units up todour. For each two dwelling units after four, one additional moorage space,,) ' permitted. OR the multi€amil O)c. Dock dimensions ` Al. The maximum waf r int on of any portion of any dockpier shall be 36 feet, or the point Frhe �i �f�+ , a er depth is 13 feet below the ordinary high water mark, whichever is rleachec� first_ 4ed space aver - Q. The maximum width of each dock pier shall be ei�et or u to eight feet wide on ioint use docks where additional mitigation is provided. .,AI., flnigt ,.1.,,-,11 0 squ�I,-,-feet of s �FfaGe area. trFjfG'-ItCCft- I su , "`i` ei:a ' ' dThe faGilitiese ' hall note neer) 500 cnt,are feet -i�-f i n g er—pii., , r OF GVeF water StFUGtUF shall be wide k&)- . Moorage piles. Moorage piles not constructed in conjunction with a pier are limited by the following conditions: al. All piles shall be placed so as to not constitute a hazard to navigation. d2. No pile shall be placed more than 80 feet waterward of the ordinary high water mark. G3. All moorage piles shall be placed in a water depth not to exceed 13 feet below the ordinary high water mark. d4. No more than onetwe moorage piles per residence isane permitted. Permit and -are limited by the following Gendltiei;_&� a -NE) pe#iap--a€-a ti b r .Page 22_ai:59 City of Federai Way SNIP - Article lil. Shoreline Manaaernent - graft Regulations Response to Ecology comments - May 15, 2007 depth REA W eXGeed eight feet belew the GFdiRaFy high w-ater mark. G LaURG iPg4i r4a'TT ps shall be use E)f tie type Genstrk Gn7-A-sp4alt, GGRGrete, or ether ramps whiG elidly ssv d Ne mere tha��,n�� na�no Ia innhiRg rail ne_FjiRgle family ros� o IG_ Wmitted, N and Re e}�FYtw Ll&-fGr epanh 100 feet f fie. Floats are limited under the following conditions: a1. One float per single-family residence and no more than one common use float for each new; multifamily development, short subdivision, or subdivision is permitted. Q. No portion of a float shall be placed more than 36 feet waterward of the ordinary high water mark. G3. Retrieval lines shall not float at or near the surface of the water. d4. No float shall have more than 100 square feet of surface area. light penetration. Launching Ramps, Rails a i t# ionkl Launching ramps., rails and lift stations require a to ,. ijnal use permit and are limited by the following conditirs �1) No portion of a launchi .I r�mp rail or lift station shall be placed more than 60 feet waterward of the - nary high water mark. f2)� All portions of a launching ramp, rail or lift station shall be placed at a depth not to exceed eight feet below the ordinary high water mark. f3): Launching rails or ramps shall be anchored to the ground through the use of tie -type construction. Asphalt, concrete, or other ramps which solidly cover the water body bottom are prohibited. f4)� No more than one launching ramp or rail per single family resirioni+o shoreline development is permitted., . (55) -Launching ramps, rails or lift stations shall not be permitted for shoreline developments that have an existing pier, dock, float or other functional moorage. Piers, docks, floats or.other forms of moorage shall not be permitted for shoreline developments that have existing launching ramps, rails or lift stations. (d) Breakwaters and Jetties and Groins. (1) Floating breakwaters an�'a etties are not permitted in the shoreline Residential and Urban Conservancy environments, with a Conditional Use Permit when the following conditions appy a. Floating breakwaters may be allowed if necessary to protect a public boat launch, when no other alternative with less impact to the environment is feasible. b. Non -floating breakwaters are prohibited. Nee 23 of 59 city tians Response to Ecology comments - Ma Z 15, 2007 .(2) R4=Jetties are prohibited within all shoreline environments in the City. (3) Groins are prohibited in all shoreline environments in the City. (e) Dredging and Filling. (1) Dredging: a. Dredging activities in shoreline residential or urban conservancy environments require a Conditional Use Permit. Dredging is not permitted in the Natural environment. b Dredging activities are allowed only where necessary to protect public safety or for shoreline restoration activities. c Dredging is allowed only where an alternative alignment that would not require dredging is not feasible. d---Dredc�iaq- �f---bettem---mater-+a#s-fo+-- ��e-siflgle--pt�ese--af-abtaiflirag�+l4 materia l- is --p r©h+b+#et-t- fd Where allowed dredging operations must be scheduled so as to not damaae shoreline ecological fun loin chapter. dredaina s ired by this 2 Filling, "fir a. Fill activities Ovate o �i OHWM shall onlybe allowed in association with allowed (perf' end} water dependent use developments. Fill waterward of the OHWM asst"iated with non -water dependent uses shall be b Fill waterward of OHWM needed to support the following water dependent uses may be allowed through a Conditional Use Permit in the Shoreline Residential and Urban Conservancy environments: 1. Public access; 2 Expansion alteration or repair of transportation facilities currently located with in the shoreline; 3. Mitigation actions; 4 Environmental ecological or watershed restoration projects; 5 Beach nourishment or enhancement projects; and 6. Soft shore bank stabilization projects. c Permitted fill activities must comply with the following standards: 1 Demonstration that alternatives to fill are not feasible; 2 Demonstration that fill shall be deposited so as to minimize disruption of normal surface and ground water passage; 3 Demonstration that fill materials shall be of such quality that it will not adversely affect water quality; 4 Demonstration that fill shall allow surface water penetration into the ground water supply, where such conditions existed prior to the fill; and 5 Demonstration that fill timing will minimize damage to water quality and aquatic Fife. Pau 24 of 59 City of Fedel-q W�__SIOP -- Article M Shoreline Management - Draft Regulations Response to Ecology comments - May 95, 2007 d Fill except for beach nourishment shall be prohibited in areas of high shoreline erosion potential. e. Fill located waterward of the ordinary high water mark T-exGe --for bea4c-h+ceu-R&h.n4eat-o-tsf}at! tie--ahl-bwed---oo4y-after -fell-soras+derat+on-io give -to totat nater that results in a net loss of shoreline function is prohibited. 18464166 Environmental designations. (a) Purpose and establishment of designations. The purpose of these designations is to differentiate between areas whose geographical, hydrological, topographical, or other features imply differing objectives regarding the use and future development Each environment designation represents a particular emphasis in the type of uses and the extent of development that should occur within it. The environmental designation system is designed to encourage uses in each environment that enhance or are compatible with the character of the environment, while at the same time rept iting reasonable standards and restrictions on development so that the cft4 1er of the environment is not adversely impacted. b2 Names of environmen , accomplish the purpose (Q) a �n order to accom p p of this title, environmental de �iar}�h �e been established to be -Rewe as follows: O -)a. NatuFal eR §horeline Residential. {fib. Urban Conservancy. {3)c. Natural. t: (e3) Limits of environment designations. Each environment designation shall consist of: (tea. The entire water body or pe+ntwithin City jurisdiction, including all water below the surface, the land below the water body, the space above the water body, and the shorelands associated with the water body. On the City's marine shoreline environment designations shall extend waterward from the OHWM to the line of extreme low tide. {fib. The shoreline areas within 200 feet of the OHWM, and additional upland areas where associated s bi-ph siGal GE)nGtFaiRtS s"^" wetlands and floodplains, slopes, shrie a z-arrd-area, andwetlands extend beyond 200 feet from the OHWM. d Ret GOver the--efltiFe ,a grope (d4) Establishment of designations. 04a. The written descriptions of the boundaries of the shoreline environment designations as adopted by ordinance —i^ the possess:Y^ cf +ho departrRePA shall constitute the official legal descriptions of the boundaries of those environment designations. (fib. The official maps prepared by the city pursuant to Chapters- -7-3-1.6 and 173-26 WACRthe pesses-s on of the ,departmeR shall constitute the official Pace 25 o i' 59 City of Federal Way SNIP — Article /I/- Shoreline Management — Draft Regulations Response to Ecology comments - May 15, 2007 descriptions of the Limits of all shorelands in the city of Federal Way as defined by RCW 90.58.030 and FWCC 18-163. mac. The department may, from time to time as new or improved information becomes available, modify the official maps described in subsection (a)(d4X2-W of this section consistent with state guidelines to more accurately represent, clarify, or interpret the true Limits of the shorelines defined herein. (e5) Location of boundaries. 04q. Boundaries indicated as following streets, highways, roads, and bridges shall be deemed to follow the centerline of such facilities unless otherwise specified. k2 -)L Boundaries indicated as following railroad lines and transmission lines shall be deemed to follow the centerline of such rights-of-way or easements unless otherwise specified. (mac. Where different environmental designations have been given to a tributary and the main stream at the point of confluence, the environmental designation given to the main stream shall extend for a distance of 200 feet up the tributary. 44)d. In case of uncertainty as to a wetland - environment boundary, the director of community development service, 11Ill-determine its exact location pursuant to the criteria of WAC 173-22"0 a d RCW 90.58.030, and the provisions of this chapter. (Ord. Nod'$ -3 3, § -1-98; Ord. No. 99-355, § 3, 11-16-99) l t Pave 26 017 59 City of Federal Way SMP - Article 111, Shoreline Management - Draft emulations Response to Ecology comments - May 15, 2007 18-167 NEW SECTION Permitted Use Table P = Allowed as exempt from permitting or permitted with Substantial Development Permit C = May be allowed with Shoreline Conditional Use Permit X = Prohibited 1. Includes bulkheads, bio -engineered erosion control projects, and other shoreline stabilization activities. 2. Residential piers are prohibited on Puget Sound shorelines, but public piers are allowed as a CUP. Docks, moorage and floats are allowed uses. 3. Would be permitted with Substantial Development Permit in parks and public access areas; would be permitted with Shoreline Conditional Use permit elsewhere in Urban Conservancy Environment. 4. Dredging and all fill waterward of the OHWM requires a Conditional Use Permit 5. Solid waste transfer stations and cellular towers are prohibited in all shoreline environments_ 6. Parking as a ximary use is prohibited in all environments, but allowed if servinq an allowed shoreline use Pare 27 of 59 Proposed Environment Designations Shoreline Urban Natural, Shoreline Modification Residential Conservancy . Shoreline Stabilization' P P X Piers, Docks, Moorage, and PIC2 P/C2 X Floats Launching Ramp / Lift Station C P/C -3 X Breakwaters ar4JeWes cx Cx X Jetties and Groins X X X Dredging and Filling P/C4 P/C4 X Shoreline Use Shoreline Urban Natural Residential Conservancy Office and Commercial X C X. Development Recreational Development P P �' Residential Development P P C Accessory Structures P P C Utilities5 P P, ., C Transportation / Parking p P C Facilities Aquaculture X P = Allowed as exempt from permitting or permitted with Substantial Development Permit C = May be allowed with Shoreline Conditional Use Permit X = Prohibited 1. Includes bulkheads, bio -engineered erosion control projects, and other shoreline stabilization activities. 2. Residential piers are prohibited on Puget Sound shorelines, but public piers are allowed as a CUP. Docks, moorage and floats are allowed uses. 3. Would be permitted with Substantial Development Permit in parks and public access areas; would be permitted with Shoreline Conditional Use permit elsewhere in Urban Conservancy Environment. 4. Dredging and all fill waterward of the OHWM requires a Conditional Use Permit 5. Solid waste transfer stations and cellular towers are prohibited in all shoreline environments_ 6. Parking as a ximary use is prohibited in all environments, but allowed if servinq an allowed shoreline use Pare 27 of 59 City of ens Response to Ecology comments__ May 15. 2007 1845168 Shoreline Residential. (a) Purpose. The purpose of the "shoreline residential" environment is to accommodate residential development and appurtenant structures that are consistent with this chapter. An additional purpose is to provide appropriate public access and recreational uses. , ST'S M. Ma0 _ 711CSS7rT 7�TI , VI.T. I .r� ,:n � 1 �•'i:;: =•.e.; l er�viraf�ef}f: (b) Designation criteria. Designation criteria for the uFbaR shoreline residential Ly "no of--t4e---cAy to be designated��-, uFbdist,—S+t,Yere4, Re Imo kIe+ 4 ent Gal elopm -.h ' ' " ".F'...7 ' . as steep slide haza (c) General requirements. (1) Development waterward of the ordinary high water mark is prohibited except water dependent recreational uses, permitted shoreline modifications and public utilities. (2) No structure shall exceed a height of .35 feet above average grade level. This requirement may be modified if the view of any neighboring residences will not be obstructed, if permitted outright by the applicable provisions of the underlying zoning, and if the proposed development is water -related or water - dependent. (3) All development shall be required to provide adequate surface water retention erosion control, and sedimentation facilities during the construction period. (4) Setbacks. Development shall maintain the first 50 feet of property adu##+eg sher�e#iee landward from the ordinary high water mark as a required minimum setback and vegetation conservation area, subject to provisions referenced in subsection (e)a-Ratw�at ^n Ten as rege-iFed-GpeR SpaGe• (5) Vegetation Conservation Area. The required setback area shall be considered a vegetation conservation area. Within the Vegetation Conservation Area, no more than 50 percent of the area with native shoreline vegetation shall be cleared, and a minimum of 60 percent of existing native trees shall be retained. Trees determined by the city to be i'aize 28 of 59 City of Federal Way SMP - Article Ill. Shoreline Management - Draft Regulations Response to Ecology comments - May 15. 2007 hazardous or diseased may be removed. -Additionally,theDirector may allow removal of vegetation exceeding that described above where an applicant agrees to replacement plantings that are demonstrated to provide greater benefit to shoreline ecological processes than would be provided by strict application of this section. .. • a F.W.• . • . MM . _ . . • • (6) Collection facilities to control and separate contaminants shall be required where stormwater runoff from impervious surfaces would degrade or add to the pollution of recipient waters of adjacent properties. (7) The FegImo: of-tli:Gha;ter ha��,/,i-fe been categne iz L d in a nimDW E) I SeGtOORS, ionaFdless —m the Gategerizat'tti-"of the vaFiey gree In+itiGRv, c,61l development in the Shoreline Residential area must comply with ala --applicable regulations identified within the [General Development Standards], [Shoreline Modifications], and all other applicable sections of this chapter. (d) Shoreline Modifications 1) Allowed modifications to the shoreline within Shoreline Residential designated areas include the following: a. Shoreline Stabilization-and--Sharel+ee-PFeteGtiGA. Allowed within Shoreline Residential designated areas under the requirements imposed by [NEW SECTION Shoreline Modifications] division (a). b. Piers. Allowed within Shoreline Residential designated areas with a Shoreline Conditional Use Permit under the requirements imposed by [NEW SECTION Shoreline Modificationsl division (b). c. Docks, Moorage, buoys, and Floats. Allowed within Shoreline Residential designated areas under the requirements imposed by (NEW SECTION Shoreline Modificationsl division (b. t'age 29 of 59 City of Federal Way SMP — Article fll. Shoreline Management — ©raft Regulations Response to Ecology comments - May 15. 2007 C. Launching Ramps Rails and Lift Stations. Allowed within Shoreline Residential designated areas with a Shoreline Conditional Use Permit under the requirements imposed by [NEW SECTION Shoreline Modifications] division (c). d. Breakwaters. Allowed within the Shoreline Residential areas with a Shoreline Conditional Use Permit under the requirements imposed by [NEW SECTION Shoreline Modificationsl division (d). de Dredging and Filling_ Allowed within Shoreline Residential designated areas with a Shoreline Conditional Use Permit under the requirements imposed by [NEW SECTION Shoreline Modifications] division (e). (2) Prohibited modifications to the shoreline within Shoreline Residential designated areas include the following: a a-.-B;ea-kwateT-&-gid Jetties and groins. (e) Shoreline Uses. (1) Allowed uses within Shoreline Residential designated areas include the following: a Residential Development. Single-family and multiple -family residential nment_ accessory dwellina units and home�Occupations may be permitted in the horeline Residential environment su 1. The proposed use is permitteOlp ttlte u Werlying zone Residential developmecr "t9 Noh`ibifed'waterward of the ordinary high wate mark. 3. Setbacks. i. Sinale back 50 feet from the in a minimum shoreline ;•a,e- -s •s e- a ee- ... .. jyr• :ae r - _ . _ esideeee-#I�e-res+dv��� ^^ eebe-added-#a i # no# eke -#fie -aed c-ondi# enal-us,—Permi#- ec aa. If single-family residential development is proposed on a lot where properties on at least one adiaGeRt of the lot are developed in single-family residences located less than 50 feet from the OHWM, then the proposed residential development may be located the same distance from the OHWM as the adjacent residences (using stringline method) er-but shall in no case be closer than 30 feet from the OHWM. - dd-i-f, the r-rPrdGrRtiaal deyelepmeRt is NF�ed vn cheFelines that iRGIL Brio arae mere -nett esi#+ue s -as d € ed -ie Obap# -2,.L' 3ment-&ha4 flats+�+#aia--se�baeks---+�a--acear-dance--vw##-tbe-r-ec-�lat�s-aid--pr-esedt�es-sed-fe�h--+e-C1-�a pier 22 F=VV `r n rtiG4e XIV. .Pave. 30 of 59 Cite of Federal Way SMP— Article lll. Shoreline N!«nagement —Draft Regulations Response to Ecology comments - May 15, 2007 ii. Multifamily residential development shall maintain a minimum setback de#end the-str RQ!ine shack; -e -r -of 75 feet from the OHWM as a vegetation conservation area, whiGhever-4s-gr-eater;--except in the following cases: as-. 4-t-he-p-Aper-y--is---eedeuel4ped---and---r-easGnabde--us-e--sf-t#e---property c-anraat- the-tet siflgle-f,amity here-bu#-in res eaee fess -than -38 #eet-ef tf}edinay dig# watenak bbaa. If multi -family residential development is proposed on a lot where properties on at least one adjaGeRt tG beth sides side of the lot are developed in multi- family residential uses located less than 75 feet from the OHWM, then the proposed residential development may be located the same distance from the OHWM as the adiacent residential uses -.es (using stringline method) but shall be no closer than 50 feet from the OHWM. the strmnqline setbaGk eF within 75 feet of the ordiRaFy high water maFk-.f there are Re adjacent-s+ngte ar-m�+lt+fanatty-st�+ct�ares--then tf�e struet+re -can er}ly-6.��-addea-fie-i# the add#4en--W*-flett make# e-strust re-a►3y-r e e-nerisanfor ainq as .�-o6tts setbaetF-,a 44.he o appliGant may request shor-etine-�-artar�e-afld--ce�+d+tional-u-se-�e�a+� F-W-GG-Artide- a the reauired shoreline setback- rovided: O UTWI 1. No accessory structure, eXGePt 6 els. shall cover more than 150 square feet. 22. Pte aGGessGFv true4 pro hall ebE;trUnt the , *ew r)f the not hhnrin OF913erti�s No more than 300 feet of accessory structures shall be allowed. 3. No accessory structure shall exceed eight feet in height. 4. Existing native shoreline vegetation within the shoreline setback is conserved to the maximum extent possible as per general requirements (c)(4) and (5). c. Recreational Develooment. Recreational development may be permitted in the Shoreline Residential environment subject to the general requirements of this chapter, provided: 1. The recreational development is permitted in the underly zone. one. 2. Swimming areas shall be separated from boat launch areas. 3: the--deveteent-e€-t+nderwater-sites--fog-spo+�--d+v+n�-shafa--�aet: i Take nlmn�nLLdepthr_- of gFeateF than 9G fe4- t+t:-Be eGated-afl-areas--when-&#ie-RGrmal--waterbc)me traf#+G-weuld-con-s#tU- to a-hazarb-te �hese-peepte-who-r�ay-u 3. The construction of swimming facilities, piers, moorages, floats, and launching facilities below the ordinary high water mark shall be governed by the general requirements of this chapter.: 4. Public boat launching facilities may be developed, provided: i. The parking and traffic generated by such a facility can be safely and conveniently handled by the streets and areas serving the proposed facility. Paye 31 o f 59 City of r-ederal W, ay SLI ? -- Article 111. Shoreline Management — Draft Regulations Response to Ecology comments - May 15, 2007 ii. The facility will not be located on a ola&s-I-beach area or cause net loss in shoreline function. 5 Upland facilities constructed in conjunction with a recreational development shall be set back and/or sited to avoid eentam+natiGR- adverse impacts to the functions of the shorelines of the city. 6 Public pedestrian and bicycle pathways shall be permitted adiacent to water bodies Such trails and pathways must be made of pervious materials, if feasible. 7 Public contact with unique and fragile areas shall be permitted where it is possible without destroying the natural character of the area. 8 Water viewing, nature study recording and viewing shall be accommodated bar space platforms benches or shelter consistent with public safety and security. d Utilities Utility facilities with the exception of cellular towers and solid waste transfer stations may be permitted in the Shoreline Residential environment subiect to the requirements of this chapter, provided: 1 No other practicable alternative with less impact to the environment is available_ for the facility. 2. Utilitv and transmission facilities shall:, i. Avoid disturbance of unique ii. Avoid disturbance of wildlfi ni. uonserve maximum extent possible. iv- Overhead monuments, scenic, re v. Minimi ig, nesting, ana rearing areas. on. particularly forested areas, to the shall not be permitted in public parks vi. Harmonize with or enhance the surroundings. vii. Not create a need for shoreline protection. viii Utilize to the greatest extent possible natural screening. ix Mitigate for unavoidable impacts to shoreline ecological functions. 34 The construction and maintenance of utility facilities shall be done in such a way so as to: i Maximize the preservation of natural beauty and the conservation of resources. ii. Minimize scarring of the landscape. iii. Minimize siltation and erosion. iv. Protect trees shrubs grasses natural features, and topsoil.-4Fenn dpi v Avoid disruption of critical aquatic and wildlife stages. 5 Rehabilitation of areas disturbed by the construction and/or maintenance of utility facilities shall: i Be accomplished as rapidly as possible to minimize soil erosion and to maintain plant and wildlife habitats. ii. Utilize p aatiggs native trees and shrubs. vegetatien-: -56 Solid waste transfer stations are prohibited within shoreline jurisdiction. 7 Cellular or wireless towers are prohibited within shoreline iurisdiction. e. Transportation and Parking facilities. Transportation and parking, except parking facilities associated with detached single-family development, shall conform to the following minimum requirements: Pale 32 of 59 City of Federal Way SMP — Article l/l. Shoreline Management — Draft Regulations Response to Ecology comments - May 15, 2007 1_._ Transportation corridors shall be designed to provide the best service with the least possible impact on shoreline ecological function. Impacts to functions shall be mitigated. 2. New road construction shall be the minimum necessary to serve a permitted shoreline use. 3. New public transportation facilities shall provide turnout areas for scenic stops where feasible. 4. Parking facilities serving individual buildings on the shoreline shall be located landward from the principal building being served except when the parking facility is within or beneath the structure and adequately screened or in cases .when an alternate location would have less environmental impact on the shoreline. 5. New surface transportation facilities not related to and necessary for the support of shoreline activities shall be located outside the shoreline jurisdiction if possible or set back from the ordinary high water mark far enough to make protective measures such as riprap or other bank stabilization, landfill or substantial site regrade unnecessary. 6. Maintenance, repair, replacement, or other roadway improvements (including but not limited to widening to serve existing or proiected volumes installation of curb and gutters sidewalks, illumination, sianals) to existina-sufrface transportation facilities shall be allowed within Shoreline Residential for protective measures such as rip site re rade shall not be permift.eld ecological functions are miti a. 7. Any new develop than 6 total parking stalls m Countv Surface Water Manua or "h exists and impacts to shorelin r auality stand ter on" (See Sections 1.3.4 Special requirement oil control 6.1.5 High use menu and Resource stream protection of King County's Surface Water Design Manual). 8._Oeutdoor parking area perimeter, excluding entrances and exits must be maintained as a planting area with a minimum width of five feet. i. One live tree with a minimum height of four feet shall be required for each 30 linear feet of planting area. ii.One live shrub of one -gallon container size, or larger, for each 60 linear inches of planting area shall be required. iii. Additional perimeter and interior landscaping of parking areas may be required, at the discretion of the director, when it is necessary to screen parking areas or when large parking areas are proposed. 9. Parking as a primary use in shoreline jurisdiction shall be prohibited. 10. Parking in the shoreline jurisdiction shall directly serve a permitted shoreline use. 11. Transportation and parking facilities for subdivision multi -family residential and commercial uses shall incorporate low impact development (LID) designs to minimize stormwater runoff, subiect to discretion of the Director of Public Works. (2) Prohibited uses to the shoreline within Shoreline Residential designated areas include: a. a --Office and Commercial Development. b. Aquaculture. Page. 33 of 59 Cilb - of Federa/ Way SMP - Article //f. Shoreline Manage ons Respoose to Ecology COMMents - Ma 15, 2007 d. NE) fleat shall have meFe thaR 100 square feet of suFfaGe aFea. _(g) Utilities. Uti"ty faGi"ties may be permitted iR the urbaR it subjeG E) +k;c �k--+�r I,.- t%X—e —requiremeRtS pFovid,--,.cZ�L (I ) Utility and tr RqMdqSiOR fadlities sha4-- a. Avoid d;sturbaRGe Of URique and fFagile areas. b. Avoid desturbaRGe of wildlife s ?s and FeaFing are G. (DveFhead utili y faG I;t.*,Qq UbliG parks", peFm d— ONION I' MIR.MMM"WUM OEM NO =Imr.". m Ml r. Mr.M.W". wdk'c;mm . . .. . . ............ . .. .... IM ........... .. . ...... . ............. mg . ...... —I ...... ,'!JLA,AULmLL-- If" wj—mm P7.'Wl".T.'V.3didM W*id W—Ulmmpm WillW.. M-11NMmrr.v".;. .11IMi- On v M• It IMA flai4e 37-of59 City of Federal Wav-SMP - Article Iff Shoreline Management - Draft Regulations ' Response to Ecology comments - May 15, 2007 e. if the prejeGt Will GFeate sign4ir--aant un_avoidable adveFse impaGtS, the iFnpaGtS are mitigated by GFeatiRg iR kiRd replaGemeRt habitat Rear the PFGjeGt. Where in-kind FeplaGernent mitiga4e�--is not feasi.1-lel, reehdab4itati�-4egfaded habitat may be requiFed as a s4bs#ti4te- IRWIN INIP -.1 • r -11=m lie V.S.1 MMMXT.�� A I.M.49WEMM Is. M Rings!! 1'asre 41 o C59 ___y of Ft. ciera} t�Ja�SIv1P - �rtiele lll. Shoreline Management — Craft Regulations Response to Ecology comments - May 15. 2007 18-U6169 Graf Urban Conservancy environment. (a) Purpose. The purpose of the "urban conservancy" environment is to protect and restore ecological functions of open space flood plain and other sensitive lands where they exist in urban and developed settings while allowing a variety of compatible uses. eapaeity- e#the u water tepeeRt shereliRe4esewGesF r--Fural types-ef uses. (b) Designation criteria. Designation criteria for the Urban Conservancy environment are provided in the City's shoreline master program, FWCC Chapter xx-hall--be: der�si�t�-of -three-e�nit�--peri-a�e-re-cam-te s s: (c) General requirements. (1) Development waterward of the ordinary high water mark is prohibited except water dependent recreational uses permitted shoreline modifications and public utilities. (2) No structure shall exceed a height of 35 feet above average grade level. This requirement may be modified if the view of anV neighboring residences will not be obstructed if permitted outright bV the applicable provisions of the underlying zoning and if the proposed development is water -related or water - dependent. (3) All development shall be required to provide adequate surface water retention and sedimentation facilities during the construction period. (4) Develegmentshall aieta#ie-4be-f#&t 5Q -feet -of pmper-t�abuttirgq-a--nates Setbacks. Development shall maintain the first 50 feet of property landward from the ordinary high water mark as a required setback and vegetation conservation area or development shall maintain a 25 foot setback from the top of bluffs in the shoreline jurisdiction, whichever is the greater setback Setback shall be subject to provisions referenced in subsection (e) and fg)5) Vegetation Conservation Area. The required setback area shall be considered a Vegetation conservation area Within the Vegetation Conservation Area. no more than 30 percent of the area with native shoreline vegetation shall be cleared, and a minimum Page 42 o f 59 Citv of Federal Way SMP — Article Ill. Shoreline Management —[draft Reputations Response to Ecology comments - May 15, 2007 of 70 percent of existing native trees shall be retained. Trees determined by the city to be hazardous or diseased may be removed. Additionally, the Director may allow removal of vegetation exceeding that described above where an applicant agrees to replacement plantings that are demonstrated to provide greater benefit to shoreline ecological processes than would be provided by strict application of this section. (d) Shoreline Modifications. (1) Allowed modifications to the shoreline within Urban Conservancy designated areas include the following: a -.a. Shoreline Stabilization and ShaFeline PreteGtie44. Allowed within Urban Conservancy designated areas under the requirements imposed by [NEW SECTION Shoreline Modificationsl division (a). b. Piers. Allowed within Shoreline Residential designated areas with a Shoreline Conditional Use Permit under the requirements imposed by [NEW SECTION Shoreline Modifications] division (b). c. Docks, Moorage, buoys, and Floats. Allowed within Urban Conservancy designated areas under the requirements imposed by [NEW SECTION Shoreline Modificationsl division (b). d. Launching Rams Rails and Lift f" . Allowed within Urban Conservancy designated areas with a Shoreline C iii al ' Use permit under the requirements imposed b NEW SECTION Sho, ifi ions division c except under the following condition: 1. Permitted with Sud tJ tJ evelo ment Permit in parks and public access areas within the Urban Conse c ` environment. e. Breakwaters. Allob6d within the Urban Conservancy designated areas with a Shoreline Conditional Use Permit under the reauirements imoosed by NEW SECTION Shoreline Modifications] division (d) f. Dredaina and Fillina. Allowed within Urban Conservancv desianated areas with a Shoreline Conditional Use Permit under the requirements imposed by [NEW SECTION Shoreline Modifications] division (e). (2) Prohibited modifications to the shoreline within Urban Co„servancy designated areas include the following: a. Jetties and groins. (e) Shoreline Uses. (1) Allowed uses within Urban Conservancy designated areas include the following_ a. Residential Development. Allowed within Urban Conservancy designated areas under the requirements imposed within [NEW SECTION] Shoreline Residential, division (e), (1), with the following additional restrictions: 1. Setbacks. Residential development shall maintain a minimum setback of 50 feet from the ordinary high water mark, or 25 feet from the top of bluffs, whichever is greater as a vegetative conservation area. Exceptions to minimum setback requirements included in [NEW SECTION] Shoreline Residential, division (e), (1), (a)(3), for both single-family and -multi -family development, shall apply, but in no case shall the setback be less than 25 feet from top of bluffs. b. Accessory Structures. Allowed within Urban Conservancy designated areas under the requirements imposed within [NEW SECTION] Shoreline Residential, division e 1 b. Pap -e -43-o.1'59 o` federal Way SMP - Article M. Shoreline Manac7erment - Drgf �qc�ulations Response to Ecology comments - May 15. 2007 c Recreational Development Allowed within Urban Conservancy designated areas under the requirements imposed within [NEW SECTION] Shoreline Residential, division (e), (11), c. d Utilities Allowed within Urban Conservancy designated areas under the requirements and restrictions imposed within [NEW SECTION] Shoreline Residential, division (e), (1), d. e Transportation / Parking Facilities. Allowed within Urban Conservancy designated areas under the requirements imposed within fNEW SECTION] Shoreline Residential division (e), (1), e. g Office and Commercial Development. Office and commercial development may be allowed- with Conditional Use approval in the Urban Conservancy environment subject to the requirements of this chapter, provided: 1 The office or commercial use or activity is permitted in the underlying zoning classification. 2 Office and commercial development shall maintain a setbackbe - ipd-tl4e tFiRQIORR '„+h^,.0 ^F -of 75 feet from the ordinary high water mark, or 25 feet from the top of bluffs whichever is greater. is#eve4:�i�1e-&%-Pf e minimum setback may be reduced using the strinoline method. when applicable-,AVu s i;nn no case shall the minimum setback hp - less than 50 feet from OHWM Or 26,4feW from the top _of_bluffs, whichever is 4-4f--a--deve eRt is p esed- a+ - sl3erefiees-that-inslt+ le-$rye-er-more sensitive --areas, a-s---defined-4R Chapter 2 FW Gsi elopment--s#a4t_mawAam A-rtiele X4V- 3 Piers docks moorages buoys floats and launching facilities will not be permitted in conjunction with office or commercial development; unless they are developed as part of on-site public access to the shoreline. 4 Additional water quality standard must be met as per Shoreline Residential, section 18-167(f)(2), (2) Prohibited uses within Urban Conservancy designated areas include: a. Aquaculture. .. rz RIM. -pe gel 2".."M .. i t'age 44 of_59 City of Federal Way SMP — Article ill. Shoreline Management - Draft Regulations Response to Ecology comments - May 15. 2007 aFea ef the let, eXGIUSiVe of aRy FeqUiFed ()PeR space, yaFds, eF setbaGks wpG�R Y.ING-h _P StFUGtUFe may be GenstruGted. (1) The mi i qu 6 red aFea Gf a eRViFGRFn &ha4-be-4ive aGres-, previded, hewevei:-. M rNmr.rmm". In MAY M. m Cry,. Em I IT M. I ...... .... . ....... .. . ........ . OW.s ............ . . .. . ...... . ........ NO, [Well"Wil T. W-7mlyty Pate 45 of 59 City, ofP-d-:-alb SMP — Articie W. Shoreline Management — Grett .Reciulatio.n_s Response to Ecology comments - May 15, 2007 18374 ConservanGy Feside Natural environment. (a) Purpose. The purpose of the "natural" environment is to protect those shoreline areas that are relatively free of human influence or that include intact or minimally degraded shoreline functions intolerant of human use. These systems require that only very low intensity uses be allowed in order to maintain the ecological functions and ecosystem -wide processes. Consistent with the policies of the designation the City shall plan for restoration of degraded shorelines within this environment. Gense , . (b) Designation criteria. Designation criteria for the Natural environment � are provided in the City's shoreline master program, FWCC Chapter xx.Qes`yen�'. #Em sriteria--fer-tbe�ees.�e�a-ns-y- Natt��a!-e�i�er�e� sbatl-be: 4���riere4+rye-a+eas.... ......regards-ef-#fie-trndedieg-zen+nck�-live ���y�ry{���Th'e�sheFe.line—i'S URable to SUPPeII4 Rec+rv�—�u�e,}yenlepmene t reF uses .{A.,iithmn� S f9 � � i� ""^ nT- dY'dc-.Tse--i'm- . pL c4s t�[e94G�.--f'Ui- c tt8T7'S�1-- . i s k W--Y't�i'1"i- an safety . er-E, i e-aTees-...which-a-Fe-free-#em eA&R-sive-devefopnaeqIt-. (4) SheFeIiRe aFeas of high e+nnir"�I„n r-ar-e----efl4ap,qefe4--ef--.-di4T-iifl.isbingthfeat-e+ped--spe-ciee--4T-EXT-IOV€-D--1=ROM �.eqTl l la n l �2G 1 Henn a-migfatien Feete, bFeediRg-site, er---,-nn citn [TEXT flAnOl9lGrl�TL?T�R� N�Tt�PC�AI� 4_�}-fie r-el+ee-a�--eas-�+t k�-esta bti shed-k+istc�ies-e��cieet+f icy-researsh- (7)Them oheFeI;n & hn,eineti an n, it t� Rd' -n — --gle SGeniG feat —area �c�a crrro--rcutufe--4 f=} e thth ii atvi al stMOVED FROW ate.1 R���i-v1v�I {-gn-ad44ian--te-.t-he--,at4ave---c-rifer+a-- he4el ewifl�t--&hau-ld-be-een-sid4ar-ed.._v�en dasignattnq-naWr-ai env' nM&Rte-fTE-KTMOV€D-F-ROM-NAT RAL M. -L ! a. AFea wh Te hw el_GlpprnT epA ern minimal e:�4watef-wettands. -- d, -C1, s- - eaGhes:- (c) General requirements. (1) Development waterward of the ordinary high water mark is prohibited except water dependent recreational uses and public utilities. (2) No structure shall exceed a height of 35 feet above average grade level. This requirement may be modified if the view of any neighboring residences will Haire 46 of 59 Cityof Federal Way SMP - Article lll. Shoreline Management - Draft Regulations Response to Ecology comments - May 15, 2007 not be obstructed, if permitted outright by the applicable provisions of the underlying zoning, and if the proposed development is water -related or water - dependent. (3) All development shall be required to provide adequate surface water retention and sedimentation facilities during the construction period. 4) Setbacks. Development shall maintain the first 100 feet of wopert landward from the ordinary high water mark as a required setback and vegetation conservation area, or development shall maintain 50 feet from the top of bluffs in the shoreline jurisdiction, whichever is the greater setback. Setback shall be subiect to provisions referenced in Section xx, (5) Vegetation Conservation Area. The required setback area shall be considered_a Vegetation Conservation Area. Within the Vegetation Conservation area, no McFe tha„4-5__ aeFGent efth�rp--A native shoreline veaetatioc dhall be cleared. and all existinq native trees shall t tined. Trees determined by the city to be hazardous or diseased may be remov6b. Ijkddi i6 nally. the Director may allow removal of veaetation exceedina that descri 1a Wv"ihe 6 an ar)Dlicant aarees to replacement than would be Drovff'eblb�ct aDDlication of this (d) Shoreline Modifications. The followina shoreline modifications are rohibited within Natural designated shoreline areas: (1) Shoreline Stabilization and Prgtegtk�R; (2) Piers, Docks, Moorages, buoys, and Floats; (3) Launching Ramp, Rails,- Lift Stations; (4) Breakwaters Jetties, and aroins: and 5) Dredging and Fillin (e) Shoreline Uses. (1) Allowed uses within Natural designated areas include: a. Residential Development. Single-family residential development may permitted in the Natural environment with a Shoreline Conditional Use Permit subject to the followinq: 1. Sinqle-family residential development is permitted in the underlying zone classification. 2. Single-family rResidential development is prohibited waterward of the ordinary high water mark. 3. Setbacks. i. Single-family residential development shall maintain a minimum setback be4iRd the -s-t„ %kpe-&etback-Grof 100 feet from the ordinary high water mark as a vegetation ation conservation area, or 50 feet from the top of a bluff, whichever is greater as a vegetation conservation area.whiEhever-+s-Iessnye-ate;-e-xceept-ire-t4e4o4ewir4-cases b. Recreational Development. Allowed within Natural designated areas under the requirements imposed within [NEW SECTIONI Shoreline Residential, division (e), (1), a. Paye 47 ol'59 Citi of re feral y�Jay SMP -Article 111. SPtore;ine Management - Draft Regulations Response to Ecology comments - May 15. 2007 one.ter---mote-se s+t+ve a eases aide#+ned-��r Chapter �� F1Al �, such -de opine-s#�a�t be r-eg u r-+ed---t�--ma+nta+r�--add+tio�e�--set-beeks---+n--ee-eer-d ace---al�+tl�----t-he--r-e€�utat�n s --and yri�'���r1� rn��a} fnr}h iii f'�hr+n}car 7') C1nrC`r nr+irl� Yi\! t' b. StR4GtUFeS Shall be Setba& �ini Multifamily FeqideRtial development shall be n the Natwra4 r� e ed- fir-sdo�e4i�e-{��teetion -mea-sues- F=R V; inn Me nt Q G,. ditiORal UJ•�i-PeFinat and � Ment tri U RdeF the rens �iromonts impesed within [NEW S-ECTFtIC411 ChoFelin- Residential .- iViSiGR !o\ (1), n c Utilities Allowed within Natural designated areas with Shoreline Conditional Use Permit under the requirements and restrictions imposed within [NEW SECTION] Shoreline Residential division (e), (1), d. d Transportation and Parking Facilities. Allowed in the Natural Environment subject to approval of a conditional use permit under the requirements and restrictions imposed within [New Sectionl Shoreline ResidentiaWivision (e), (1), e. /9) Prnhihitpd uses within Natural desianatcgtafias include: nd Comme b. Aquaculture. .. - .• ,. .. -e• .. ... .. _ ... M. e N. • . • • . ris 1 .• •TMMIM271.-UNTRE_ s F'ai4e 48 of 59 City of Fede/.q/�Vn SMP - Arti�,Ie 1/1. Shoreline ManageMent - Draft Regulations Response to Eco/ogy comments - May 15, 2007 (1) if developmeRt iS prepesed OR ShGFeliRes iRduding GRe or FneFe seRsitive aFeas, as defiRed iR GhapteF 22 F=VV(;G, AFt6G!e XIV, SLIGh develepMeRt Shall be- d()Re iR aGGerdaRGe with Fegul Rs -and pFeG U;-- set foFth iR that aFt"Gle--. (d) Residential piers, Fneora e, er4aupG"-4.aGi�t�--s=P4e-r-&,-R4oGFages, fi er ';-;,-,nAh;Rg , h6boted iR a natural eRViFORMeRt. — aFe Pre (e) it shall be five aGFeS. (2) The MiRiMUM FequiFed let width iR the RatUFal eRVIFGRMeRt shall be 330 feet. (3) ARY IGt IOGated wheily eF partially With;R the sheFeliRes Of the Gity shall be GGRSidered a legal buildiRg sitej provided, that SUGh let shall be subjeGt te the jet pFqV�S*ORS ()f Chapter a�2- FteGle W. SUbStandaFd --, —4 (4) Subme ged Iand withiR the beURdaries- ef front paFGel shall net be used tG Gempute let aFea, let diFneRSieRS-, Y ---d--, open s aGe, er ether requiFed G9RditiE)RS ef land subdivi6ien or develepmeRt. (f) ShomliRe pFeteGtieR. Sh()Fe!wRe- r teGt'eR is prehibited iR the --atur-al riige 50 of.59 Citi/ o Eedr�rl W�a SMP —,article Ill. Shoreline Management — Draft Rec ulatio,-7s Response to Ecology comments - May 15. 2007 Division 3. Administrative Procedures 18-149171 G4stiseShoreline Management Permit and Enforcement Procedures, Adoption by Reference. The city of Federal Way hereby adopts by reference the following sections or subsections of Chapter 173-27 as amended, of the Washington Administrative Code ("WAC") entitled Shoreline Management Permit and Enforcement Procedures. WAC: (1) 173-27-020 Purpose (2) 173 -27 -040 --Developments exempt from substantial development permit requirement (3) 173-27-130 Filing with department (4) 173-27-270 Order to cease and desist (5) 173-27-280 civil penalty (6) 173-27-290 Appeal of civil penalty (7) 173-27-300 Criminal penalty 18449-172 Permit std-processtn§L pfu is rVotice. An application for a substa - l dgv vpr ent permit shall be made to the department of community de v o rr rht�on forms prescribed by the department. Upon submittal of a completepilication, and required fees, the department shall instruct the applicant to publish notices of the application at least once a week on the same day of the week for two consecutive weeks in a newspaper of general circulation within the city. The applicant shall also provide additional public notice as prescribed in process I I IV, FWCC 22-431 et seq. (Ord. No. 90-38, § 1(24.40), 2- 27-90; Ord. No. 97-291, §,3, 4-1-97; Ord. No. 98-323, §. 3, 12-1-98; Ord. No. 99- 355, § 3, 11-16-99) 18-1738 Procedure for review. The substantial development permit shall.be reviewed under the provisions of process III, FWCC 22-386 et seq., and the WAC 173-27 procedures adopted by reference in FWCC 18-1716-9. Tthe director of community development services shall be the final approval authority for the permit. (Ord. No. 90-38, § 1(24.50), 2- 27-90; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 98-323, § 3, 12-1-98; Ord. No. 99- 355, § 3, 11-16-99) 18-174 Shoreline Exemption. (a) The purpose of a shoreline exemption is to provide an approval process for uses and activities which do not trigger the need for a substantial development permit, but require compliance with the shoreline guidelines and the goals, policies and other provisions of the City's SMP. (b) To qualify for an exemption the proposed use. activity or development must meet the requirements for an exemption as described in WAC 173-27-040. I age 5 l o'#' 59 City of Federal Way SMP -- Article M. Shoreline grana, errs nem _;=graft Regulations Response to Ecology comments - May 15, 2007 n, itherized statemnnt-ef exemption � An applicant may submit a request for fl-�,-�n��.n���,�r,� to the director of community development services for review and approval. The city shall review the request and provide a summary of the analysis demonstrating consistency of the project with the Federal Way SMP and the SMA. The city shall prepare a statement of exemption provided the proposal meets exemption criteria. If any part of the development is not eligible for exemption, then a Substantial Development Permit is required for the entire proposed development. ,(d) The director may attach conditions to the approval of exempted developments and / or uses as necessary to assure consistency of the project with the SMA and the Federal Way SMP per WAC 173-27-040(e). For example, in the case of development subiect to a building permit but exempt from the shoreline permit process the Building Official or other permit authorizing official, through consultation with the director, may attach shoreline management terms and conditions to Building Permits and other permit approvals pursuant to RCW 90.58.140. and Ecology. 18-175 Applicati ete a reline development pro a federal or state agen ressed to the applicant p abject to review, approval, or shall prepare a statement or state permittina aaencv. ntial development conditional use or variance permit shall contain, as a minimum, the following information: (1) The name address and phone number of the applicant. The applicant should be the owner of the property or the primary proponent of the project and not the representative of the owner or primary proponent. (2) The name address and phone number of the applicant's representative if other than the applicant. (3) The name, address and phone number of the property owner, if other than the applicant. (4) Location of the property. This shall, at a minimum, include the property address parcel number and identification of the section, township and range to the nearest quarter, quarter section or latitude and longitude to the nearest minute. All applications for projects located in open water areas away from land shall provide a longitude and latitude location. (5) Identification of the name of the shoreline (water body) that the site of the proposal is associated with. This should be the water body from which iurisdiction of the act over the proiect is derived. (6) A general description of the proposed project that includes the proposed use or uses and the activities necessary to accomplish the project. Pap -e. 52 of 59 City of Federal Way SMP.- Article 111. Shoreline Management - Draft Regulations Response to Ecology comments - May 35, 2007 (7) A general description of the property as it now exists includingits s ph sy ical characteristics and improvements and structures. (8) A general description of the vicinity of the proposed project including identification of the adiacent uses structures and improvements, intensity of development and physical characteristics. (9) A site development plan consisting of maps and elevation drawings, drawn to an appropriate scale to depict clearly all required information, photographs and text which shall include: (a) The boundary of the parcel(s) of land upon which the development is proposed. (b) The ordinary high water mark of all water bodies located adiacent to or within the boundary of the project. This may be an approximate location provided, lations requires a be located oreci; ordinary hiah water mark is hiah water mark of a shore w or wanin inE and direction to water mark the rr al basis for the to ent plan. Where boundary of the (c) Existing and proposed land contours. The contours shall be at intervals sufficient to accurately determine the existing character of the property and the extent of proposed change to the land that is necessary for the development. Areas within the boundary that will not be altered by the development may be indicated as such and contours approximated for that area. (d) A delineation of all wetland areas that will be altered or used as a part of the development. (e)Ageneral indication of the character of vegetation found on the site. (f) The dimensions and locations of all existing and proposed structures and improvements including but not limited to; buildings,paved or graveled areas, roads utilities septic tanks and drainfields, material stockpiles or surcharge, and stormwater management facilities. (g) Where applicable, a landscaping plan for the project. (h) Where applicable, plans for development of areas on or off the site as mitigation for impacts associated with the proposed project shall be included and contain information consistent with the requirements of this section. (i) Quantity, source and composition of any fill material that is placed on the site whether temporary or permanent. Pa&e 53 of 59 Citv of Federal Way SMP - Article lll. Shoreline Management - Draft Regulations Response to Ecology comments - May 15, 2007 (j) Quantity, composition and destination of any excavated or dredged material. (k) A vicinity map showing the relationship of the property and proposed development or use to roads,_utilities existing developments and uses on adjacent properties. (1) Where applicable a depiction of the impacts to views from existing residential uses and public areas. (m) On all variance applications the plans shall clearly indicate where development could occur without approval of a variance, the physical features and circumstances on the property that provide a basis for the request and the location of adiacent structures and uses. (n) Summary of how the proposal meets relevant decisional criteria. Additional information as requested by the oreline assessment and rntti at& report, rich. at a minimum, pcIwdes, th 016winq: (a) Site pian ana cro cal salmonid habitat ide (b) A detailed description of proposed development. (c) Identification of any species of local importance, priority species, or endangered threatened or sensitive species that have documented or observed habitat on or adiacent to the project area. (d) An assessment of potential impacts the proposal may have on fish and wildlife species critical areas and critical salmonid habitats. (e) A discussion of any federal, state or local management recommendations including_ Washington Department of Fish and Wildlife habitat management recommendations that have been developed for species or habitats located on or adiacent to proiect area. (f) A discussion of mitigation measures that have been implemented to avoid and minimize adverse impacts to fish and wildlife species and habitats, critical areas and critical salmonid habitat. The mitigation must also include a mitigation plan showing the area of mitigation and detailed mitigation measures, such as habitat features and planting of native vegetation. (q) A discussion of monitoring maintenance and contingency measures to accompany the mitigation plan. 18-176 Shoreline Substantial Development Permit. Page. 54 ole 59 City of Federal Way SMP — Article Ill. Shoreline Management — Draft Regulations Response to Ecology comments - May 15, 2007 (a)The purpose of a substantial development permit is to provide an approval process for any development with a total cost or fair market value exceeding five thousand dollars ($5,000) or any development which materially -interferes with the normal public use of the water or shorelines of the state except those exempted developments set forth in the preceding section, consistent with WAC 173-27-040. (b) When a substantial development permit is requested, the permit shall be reviewed under the provisions of process III, FWCC 22-386 et seq., and the director of community development shall be the final approval authority for the City of Federal Way. (c) A Substantial Development Permit shall be granted by the director only when the development proposed is consistent with the following: (1) Goals objectives policies and use regulations of the Federal Way SMP; (2) Federal Way Comprehensive Plan and City Code; and (3) The policies guidelines and regulations of the SMA (RCW 90.58 WAC 173-26 and WAC 173-27). h conditions to th.e&oval of permits as necessa with 18-17--1-177 Shoreline varian f (a) The purpose of a shore -7: variance is to grant relief to specific bulk, dimensional or performance standards set forth in the shoreline master program, and where there is an extraordinary or unique circumstance relating to the property such that the strict implementation of the shoreline master program would impose unnecessary hardship on the applicant or thwart the policies of the Shoreline Management Act. (b) When a variance is requested, the substantial development permit, required, and the variance shall be reviewed under the provisions of process IV, FWCC 22-431 et seq., and the hearing examiner shall be the final approval authority for the City of Federal Way. The Department of Ecology shall be the final approval authority under WAC 173-27-200. (c) A variance from the standards of the master program may be granted only when the applicant can demonstrate that all the following conditions will apply: (1) That the strict requirements of the bulk, dimensional or performance standards set forth in the master program precludes or significantly interferes with a reasonable use of the property not otherwise prohibited by the master program; (2) That the hardship described above is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features, the application of the master program, and not for example, from deed restriction or the applicant's own actions; (3) That the design of the project will be compatible with other permitted activities in the area and will not cause adverse effects to adjacent properties or the shoreline environment; (4) That the variance authorized does not constitute a grant of special privilege not enjoyed by other properties, and will be the minimum necessary to afford relief; (5) That the public interest will suffer no substantial detrimental effect; Pa&e. 55 o1759 cir, , gf t eciera! Way SMP —Article ltl. Shoreline Managg rtent-.ar�2fl ?ec utations Response to Ecology comments - May 15. 2007 (6) That the public rights of navigation and use of the shorelines will not be adversely affected by the granting of the variance when the proposal is for development located waterward of the ordinary high water mark, or within wetlands estuaries, marshes, bogs or swamps; and (7) That consideration has been given to the cumulative effect of like actions in an area where similar circumstances exist, and whether this cumulative effect would be consistent with shoreline policies or would have substantial adverse effects on the shoreline. (d) Shoreline variances may not be used to permit a use that is specifically prohibited in an environment, or to vary uses permitted within an environmental designation. (Ord. No. 90-38, § 1(24.60.10 — 24.60.40), 2-27-90; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 98-323, § 3, 12-1-98; Ord. No. 99-355, § 3, 11-16-99) 18-''-178 Conditional uses. (a) The purpose of the Oconditional use permits is to provide greater flexibility in varying the application of the use regulations of the shoreline master program in a manner which will be consistent with the policies of Chapter 90.28 RCW, particularly where denial of the application would thwart the policies of the Shoreline Management Act. (b) When a conditional use is requested, t�h 1s abstantial development permit, required, and the conditional use shgi, be��.re1"i'miner ewed�under the provisions of process IV, FWCC 22-431 et seq., and e ea id shall be the final approval authority for the City of Federal "isl e 6 artment of Ecology shall be the final appro,yal authority under WAC"Z 7--200. (c) Conditional uses have rrique and special characteristics which require a special degree of control to make the uses compatible with other existing or permitted uses in the same environment, and to assure that the use is in the public interest. In authorizing a conditional use permit, special conditions may be attached to the permit by the hearing examiner to prevent undesirable effects or mitigate environmental impacts of the proposed use. (d) Conditional use permits shall be authorized only when they are consistent with the following criteria: (1) The proposed use is consistent with the policies of RCW 90.58.020 and the policies of the master program; (2) The use will not interfere with normal pub" use of sunase—wale spublic shorelines; (3) The use will cause no unreasonable adverse effects on the shoreline or surrounding properties or uses, and is compatible with other permitted uses in the area; (4) The public interest will suffer no substantial detrimental effect; (5) Consideration has been given to cumulative impact of additional requests for like actions in the area. (e) Other uses not set forth in the shoreline master program may be authorized through a conditional use permit if the applicant can demonstrate that other uses are consistent with the purpose of the shoreline environmental designation and compatible with existing shoreline improvements or that extraordinary circumstances preclude reasonable use of the property; however, uses specifically prohibited by the master program may not be authorized. (Ord. No. 90-38, § i'av,e. 56 or 59 Citi of Federal Way SMP — Article /!/. Shoreline Management — Draft P,eculations Response to Ecology comments - May 15, 2007 1(24.70.10 — 24.70.50), 2-27-90; Ord. No. 98-323, § 3, 12-1-98; Ord. No. 99-355, § 3, 11-16-99; Ord. No. 00-375, § 2, 10-3-00) 18-4.73--179 Final approval of shoreline permits. (a) The director of community development shall notify the following agencies or persons within five days of the final approval of a shoreline permit and any variances or conditional uses granted: (1) The applicant; (2) The State Department of Ecology; (43) Any person who has submitted written comments on the application; (54) Any person who has requested notification in writing prior to final approval of the permit. (b) No work may commence on a site requiring a shoreline permit until 21 days following the date of filing of the shoreline permit by the State Department of Ecology, and written notification has been received from the Department of Ecology that the appeal period has been initiated. (Ord. No. 90-38, § 1(24.80.10, 24.80.20), 2-27-90; Ord. No. 98-323, § 3, 12-1-98� Qrd. No. 99-355, § 3, 11-16-99) 18-1-74-180 Combined hearing authority 1 In those cases when developm - . int a shorelines may require a public hearing under the authorfty`'�o:) # ters of this Code, the hearings may be combined. (Ord. No. 90-38�; ; 227-90; Ord. No. 98-323, § 3, 12-1-98; Ord. No. 99-355, § 3, 11-16-9P11`1 fags 57 0{.59 City of Federal V�Ja V SMP — Article Itl. Shoreline Manarernem — Draft Regulations Response to Ecology comments - May 15 2007 18-181 Appeals. All appeals of any final permit decision are governed by the procedures established in RCW 90.58.180, RCW 90.58.140(6), and WAC 481-03 the rules and procedures of the Shorelines Hearing Board All appeals of any final permit decision must be made to the Shorelines Hearing Board within twenty-one (21) days after the City's final decision concerning the substantial development permit or formal approval to revisions of the permit. 18-182 Permit Revisions. (a) A permit revision is required whenever an applicant proposes substantive changes to the design terms or conditions of a project from that which was approved in the permit. When a revision of a shoreline permit is sought the applicant shall submit detailed plans and text describing the proposed changes in the permit and demonstrating compliance with the minimum standards pursuant to WAC 173-27-100. (b) If the proposed changes are determined by the director to be within the scope and intent of the original permit and are consistent with the SMA (RCW 90.58), the Guidelines in WAC 173-26 and this SMP the revision shall be approved. 184.7.5-183 Replacement, alteration or rdco0strUttion of nonconforming use or development.I (a) Applications for substai jt17P�`i e� l jt or building permits to modify a nonconforming use or develop. abe approved only if: (1) The modifications will ma tie use or development less nonconforming; or (2) The modifications will not make the use or development more nonconforming. (b) An existing use or development, not conforming to existing regulations, which is destroyed may be replaced as it existed prior to destruction provided application for required permits is made within one year of destruction.; (Ord. No. 90- 38, § 1(24.100), 2-27-90; Ord. No. 98-323, § 3, 12-1-98; Ord. No. 99-355, § 3, 11- 16-99) (c) An existing mechanical improvement not conforming to existing regulations, which breaks and cannot be repaired may be replaced, provided the replacement is no more nonconforming and application for required permits is made within one year of failure. 18- 76 184 Shoreline environment redesignation. Shoreline environments designated by the master program may be redesignated by the city council upon finding that such redesignation will be consistent with: (1) The policies of Section 2 of the Shoreline Management Act of 1971. (2) The goals, objectives and policies of the master program. (3) The designation criteria of the shoreline environment designation requested. (Ord. No. 98-323, § 3, 12-1-98; Ord. No. 99-355, § 3, 11-16-99) .Page 58 of 59 City of Federal Way SMP - Article lil. Shorehnc Management - Draft RequFfions Response to Ecology cornments - May 15, 2007 18-185 Amendments to this chapter. Amendments to this chapter shall be pursuant to state review and approval as per WAC 176-26-110 and WAC 176-26-120. f'aize 59 o f' 59 Federal Way Shoreline Master Program Update DRAFT Restoration Plan SMA Grant No. G0600119 IL14 December 2006 Revised May 2007 Prepared For: City of Federal Way Federal Way, WA PREPARED BY: ESA Adolfson 5309 Shilshole Avenue NW, Ste 200 Seattle, Washington 98107 206.789.9658 Federal Way Shoreline Master Program Update — DRAFT Restoration Plan Table of Contents 1.0 INTRODUCTION.................................................................................................................................2 REGULATORYBACKGROUND....................................................................................................................3 DEFININGRESTORATION...........................................................................................................................3 KEY ELEMENTS OF RESTORATION .PLANNING IN THE SMP UPDATE PROCESS.........................................4 2.0 ASSESSMENT OF SHORELINE FUNCTIONS................................................................................5 WATERSHEDCONTEXT.............................................................................................................................5 PHYSICAL& BIOLOGICAL.........................................................................................................................5 HABITATAND SPECIES..............................................................................................................................7 LANDUSE AND PUBLIC ACCESS...............................................................................................................7 RESTORATIONOPPORTUNITIES.................................................................................................................8 3.0 DEVELOPING RESTORATION GOALS AND POLICIES...........................................................9 FEDERAL WAY SMP UPDATE—RESTORATION GOALS AND POLICIES ...... ._A ..........................................9 4.0 EXISTING PLANS AND PROGRAMS ......................................... .0.qr-...:........................................11 REGIONALPROGRAMS....................................................................;.:,...................................................11 Puget Sound Partnership...............................................................- %... I1 Puget Sound Action Team: 2005-2007 Puget Sound Conservation j.Recove Plan.......................................12 ... .. 13 Puget Sound Nearshore Project (PSNP)...................... .....i.. #.:................................... Shared Strategyfor Puget Sound: Draft Puget Sound Salmon Recovery Plan......._..........................................13 Water Resource Inventory Area (WRIA) 9 Forum: Salmon Habitat Plan .... ..................................................14 Water Resource Inventory Area (WRIA) 9: Prioritization of Grine Shorelines of WRIA 9 for Juvenile Salmonid Habitat Protection and Restoration . .�... . ...J..........}..................................................14 Water Resource Inventory Area (WRIA) 10 Fo m- � alm t Habitat Plant :.. ..................................................15 Cascade Land Conservancy .., ...! ..................................................15 y.... { COUNTY AND CITY PROGRAMS ..ft ...... .............................................15 King County Shoreline Master Program...... r ?........y .:` ..€ ..................................................15 King County Lake Stewardsheter ogram_�....... ' I� . ... ......... ...................... ....... .....15 City of Federal Way Surface Management Division ............:.................................................... 16 ADDITIONAL OR NEEDED PRONG MS. ..... �J. .:... .:............................................................17 s .... .. ............................................17 5.0 IMPLEMENTATIO }�, a ••• �.•-•• t ••••?••••••• •• ••••• •••- IDENTIFY RESTOR ION AND CONSKAT16N'4PORT(INITIIES............................................................17 PROGRAMMATIC R$SIORAION . �.. JF ....!............................................................:......18 City of Federal Way�ResYoratian Program .. L/........................................................................19 .18 WRIA 9 HabitaI PIa rn i.. x V, SITE-SPECIFIC RESTORA 10� NI CONSE �TION�V�f�....... 20 PugetSound Marine Sh r el'n d.............................................................................................. 20 FreshwaterLakl Sltorelzrtes.. i. .. ..�. E.................................................................................................24 FUNDING AND PTNERHIP ®PPORlJNtiES................_.......................................................................24 Puget Sound Aclron TeIP m q.... ........�....................................................................................................25 Puget Sound Wa ers) I Prot tion c4c Restoration Grant Program..................................................................25 SalmonRecovery Fid ngfBo rd(SRFB)..........................................................................................................25 KingCounty Copse non Dr��`tnct....................................................................................................................25 NOAHCommunity -Based Restoration Program................................................................................................26 Federal Way Su fface Water Management CIP..................................................................................................26 Other Possible Funding Sources........................................................................................................................26 TIMELINESAND SENCHMARKS...............................................................................................................27 MONITORING AND ADAPTIVE MANAGEMENT........................................................................................27 6.0 CONCLUSIONS..................................................................................................................................28 REFERENCES..........................................................................................................................................29 Federal Way Shoreline Master Pro 1.0 Introduction Update — DRAFT Restoration Plan Incorporated in 1990, the City of Federal Way is the sixth largest city in the State of Washington. The City is located 25 miles south of downtown Seattle and eight miles north of downtown Tacoma. The City of Federal Way is located in the southwestern corner of King County, and occupies approximately 22.5 square miles of area, including Puget Sound waterfront to the west (Figure 1, Vicinity Map). The City is bordered to the north by the City of Des Moines, to the east by King County, and to the south by the City of Fife and Pierce County. The City (and its Potential Annexation Area to the east) includes nearly 17 miles of marine and freshwater lake shorelines subject to the Shoreline Management Act (SMA or the Act) as "shorelines of the state." The SMA (RCW 90.58) is charged with balancing how shorelines should be developed, protected, and restored. The Act has three broad olicies or mandates; it strives to: 1) encourage water -dependent uses, 2) protect shoreline aural resources, and 3) promote public access. In addition, restoration planning is an im t component of the environmental protection policy of the Act. The City has two main types of water bodies that are re Lila' d and the SMA and the City's SMP: marine coastal, and freshwater lakes. The Cityshor lt` e in Jude the lower Puget Sound marine coastal shoreline, which is designated a "sho bineof stat e significance." Several freshwater lakes also fall under SMA regulati wrthY e City 4. , i s. These are Steel Lake, North Lake and the northwestern shore of shoreline Planning Areas). Further, the City of Federal Way ha *denti ec _a ar largely toeast of the City and the tis area 's re red t ; the Potential Annexation Interstate 5 corridor for future anrz radon. ower th, �, b t ill not b e ective in the area until it Area (PAA). The city's SMP Al c annexes to the city. Lakes su> 'ect to SMA eg ,latior�located wit in the City's PAA include Star Lake, Lake Dolloff, Lake,Gen vq�F' , M' e ' e and t e remair irt9 portions of Lake Killarney. t t The freshwater lakes+ e all designated as `si o I'm es ofd the state." Lakes or portions thereof in the PAA are current' regulated nnerthe ng Co rty MP. There are no rivers or streams in Federal Way regulated�undeir the S1vIA. y This report supports tlhe development of 9st ro atio}n element to the City of Federal Way's Shoreline Master Program(SlPj`rzginally adopted in 1999. The SMP is being updated to comply with the S require ent 0.58), and the state's SMP guidelines (Washington Administrative Co 6 [WA -QJ 173",-26, Pa �III), which went into effect in 2003. The SMP guidelines specify that loca g�v�rn�ents must include within their shoreline master program, a "real and meaning" sategy to address restoration of shorelines. The guidelines also specify how the policies in the MP A-omote "restoration" of .impaired shoreline ecological functions, in. places where suchchops are found to have been impaired based on the inventory and characterization oflshoretine ecological functions and ecosystem processes. Local governments are required to col We to restoration by planning for and supporting restoration through the SMP and other regulatory and non -regulatory programs. This report provides a framework to: 1) understand how restoration of ecological function can be accomplished; and 2) suggest pathways to use the SMP process to accomplish the restoration of Federal Wav Shoreline Master Program Update - DRAFT Restoration Plan impaired shoreline functions associated with the Puget Sound shoreline in Federal Way and seven freshwater lakes in the City and/or its PAA. Regulatory Background The restoration plan is an important component of the SMP process under the new guidelines. As such, local governments must develop provisions "...to achieve overall improvements in shoreline ecological functions over time when compared to the status upon adoption of the master program." It is important to note that the restoration planning component of the SMP is voluntary, not regulatory. Restoration planning is focused on incentives, available funding sources, volunteer programs, and other programs that can contribute to a no net loss strategy. To date, restoration, rehabilitation, enhancement or other improvemeitts� to shoreline ecological functions have either been voluntary or in the form of mitigation for impacts resulting from development. Conservation or preservation of existing conditions has leen, and continues to be, the primary regulatory approach to protecting ecosystem functions: Through numerous references to and emphasis on the reainMnance, protection, restoration, and preservation of 'fragile" shoreline"'natural: resources, " 'public health, " "the land and its vegetation anwildife" "the waters and their aquatic life, " "ecology, " and "environment, "Pe, act makes rotectiot of the shoreline environment an essential statewide policy goal eosstenttvath the other policy goals of the act (WAC 173-26-,186()).; ! E � f Current guidelines for updati X'ocal s koreli naste programsJUa planning and policy E pathway to include the impro eme ofiec y}s m fia�ctzoning as art of the overall shoreline master program. The dance augments ; elt icallyreactionar�approach (i.e., mitigation for environmental impacts)`to a p oat ti 7e app odcch vvl�etem: For countifand citie containing any shorelrtte with impaired ecological Junctions, masCei rogrQms stall `nclude gda& and policies that provide for restoration o esu h i n�air�d ecol ical etn tions (WAC 173-26-186(8)(c)). The guidelines to prepare or(ai�1111no$di,sbore'lii e master programs further state: The goal of thi e� Ort is triast�ei programs which include planning elements that, when implem nt� seVe to i prove the overall condition of habitat and resources itl%z thes orMne area of each city and county (WAC 173-26- 201(c)). r 1 - Defining Rest�orption There are numerous definitions for "restoration" in scientific and regulatory publications. Specific elements of these definitions often differ, but the core element of repairing damage to an existing, degraded ecosystem remains consistent. In the SMP context, the WAC defines "restoration" or "ecological restoration" as: Federal Way Shoreline Master Prograrrr Update — DRAFT Restoration Plan 11 .. the reestablishment or upgrading of impaired ecological shoreline processes or functions. This may be accomplished through measures including, but not limited to, revegetation, removal of intrusive shoreline structures and removal or treatment of toxic materials. Restoration does not imply a requirement for returning the shoreline area to aboriginal or pre -European settlement conditions" (WAC 173-26-020(27)). Using the WAC definition of restoration in regards to state shorelines, it is clear the effort should be focused on specific shoreline areas where natural ecological functions have been impaired or degraded. The emphasis in the WAC is to achieve overall improvement in existing shoreline processes or functions, if these functions are impaired. Therefore, the goal is not to restore historically natural conditions, but rather to improve on existing, degraded conditions. In this context, restoration can be broadly implemented through a combination of programmatic measures (such as surface water management; water quality improvement; public education) and site-specific projects (such as beach nourishment projects or riparian pintings). It is important to note that the guidelines do not state that local programs should or#aOld require individual permittees to restore past damages to an ecosystem as a conditio, of a pbrmit for new development (Ecology, 2004). The restoration planning ele ent requited therefore focuses on the City as a whole rather than parcel by parcel, or permit.aby 1'ermt.; Key Elements of Restoration Planning h the SrOWI Update Process The guidelines provide a framework for shor I"—ie re9toration plan gas part of a local jurisdictions shoreline master program. Thi sfrainewlork (WAC 1 3=26-201(2)(f)) includes the following key elements: • Through development o43b shorel ,pnv'entbry and char' ct6rization, identify degraded areas, impaired ecolog c function , �d. iteN.1th poten a or ecological restoration; • Establish overall gFoalsanp'ro tie o resto ation of degaded areas and impaired ecological funcons; i • Identify existing and o go. roj vets andjr-rams that are currently being implemented which are cesi ; to Qntn, ute t r localrest"on goals (such as capital improvement programs (Q s) n iters p efforts (WRIA habitat/recovery plans); •- Identify additr�nal ro�ecthnd' _� ams needed to achieve local restoration goals, and implement tion sirategies� irClui`` entifying prospective funding sources for those pro ects an ro q � / p J 1 g • Identify tir�ieli:;nes�d enc arks for implementing restoration projects and programs and achievingJocal; estoration goals; • Provide for inechanisms or strategies to ensure that restoration projects and programs will be implemented according to plans and to appropriately review the effectiveness of the projects ani.=p�,ograms in meeting the overall restoration goals (e.g., monitoring). The following sections of this report discuss these subjects as they relate to the City of Federal Way Shoreline Master Program. Federal Wav Shoreline Master Program Update — DRAFT Restoration Plan 2.0 Assessment of Shoreline Functions Shoreline restoration planning begins with the identification of "degraded areas" or areas with "impaired ecological functions." The City's Shoreline Inventory and Characterization (Adolfson, 2006) examined nearshore and ecosystem -wide processes that maintain shoreline ecological functions; identified impaired ecological functions; and identified programmatic and site-specific opportunities for restoration and/or enhancement. Key findings of the inventory and characterization are summarized below. Watershed Context The City of Federal Way is located within two watersheds or Water Resource Inventory Areas (WRIAs) - the Duwamish-Green River WRIA No. 9 and the Puyallup -White River WRIA 10 (Figure 3, Regional Context). The marine coastal areas of Puget Soundwithin the city as well as Steel Lake and Star Lake and Lake Dolloff in the city's PAA areAaddres'sed as part of WRIA 9. Lands within the City that drain to the Puget Sound to the west;'and to Mill Creek and the lower Green River to the east lie within the WRIA 9 watershed. This includes the northern portions of the City and Potential Annexation Area (PAA). The majority of the Federal Way area lies within WMA 10 and drains to either the White River or to Hylebos Creek. North Lake, Lake Geneva, Lake Killarney and? Five Mile Lake drain to the southwest. The White River drains to the Pjaup River before entering Puget Sound at Commencement Bay. The Hylebos flows to the lsoJaywe�re tr t, acoma and enters the Hylebos Waterway at Commencement Bay. Shoreline Planning areas or reaches within1Parize�'d' 'ral described in the inventory and I �. characterization as shown in F figure 2 aid Table 1 T iese reaches were determined based upon land found p�y�ieal�charactetistics (i e ,,bluffs and bays), as well as current land uses. In iteral, shreltne�st>n the tyEwere more highly altered in comparison to those within the "` AA. t f 4 . Physical & Biological Bluffs, beaches, bays, and the mouths of eyeral'!f er shwater streams characterize the City's 1 ¢. , coastal / nearshore�horelltn . Appraxin�n e y 40 percent of the City's coastal shoreline has been modified with riprap, ;co ncrgtor;wodep bulkheads. Structures in the shoreline can limit the amount of sedime N transported 40ni P 'and areas to the beach, and are known to cause erosion and loss of some habi#atssuch asisand nd fine gravel beaches. Currents naturally move sediments across the be 11 le alongshore in continual cycles, but these structures interrupt the natural supply andidistiibution of sediments, causing a change in sediment composition within the nearshore area. However, coastal shoreline in Dumas Bay and Dash Point State Park are in a more natural condition ,,and coastal processes are less altered. Fish and wildlife that utilize the shoreline depend o 4hese nearshore processes to maintain their habitats and ultimately their populations. 0 Federal Way .Shoreline Master Program Update — DRAFT Restoration Plan Table 1. City of Federal Way Shoreline Planning Areas Approximate General Description Shoreline WRIA Reach Length No: Number (miles) From the city limits boundary with Des Coastal 1.67 Moines on Puget Sound, near I" Avenue Puget Green South, extending west to Dumas Bay Sound— River IA East 9 Coastal 1.43 Dun`ia; Bay Puget 113 Sound — 9 i Dumas Ba Coastal 1.74 From i's Bay Extending west to the city Puget 1 C i 'ts o dar4 with Pierce County, Sound — 9nc tiler g.sh Point State Park West 1.69 i side the cad( limits, west of I-5. Steel Lake 9 2 � i 1.33 n_side the no east portion of the city's Star Lake 9 3 `,, ]W , r�e�ar the oundary with City of Kent �. K Lake 9 X1.8 i " ( '' nde the no st portion of the city's -Ie Dolloff 4 r t )'AA, near and Military Road. Lake 9 1.1tL, Iie southeast portion of the city's PAA, Geneva 5 I southeast of SR 18. North Puyal,l,*� White " _ ` 1 6 2.>6 ]psLd Ithe city limits, between I-5, SR 18, and Military Road Lake Ri E V Lake 10 i 11,2-1,Partially in the city limits; partially in the Killarne y i7 j 1 southeast portion of the city's PAA, east of I - 5 and SR 18. Five Mile 10:-11 ' 1.87 In the southeast portion of the city's PAA, Lake ------------ i 8 near Military Road. 16.93 A total of 4.84 miles of Puget Sound Total l� shoreline and approximately 12.09 miles of lake shoreline. Federal Wav Shoreline AAaster Program Update - DRAFT Restoration Plan The freshwater lakes in the City are located on a broad plateau in the eastern half of the City and in the PAA. The plateau developed from glacial recessional deposits and tills. As the glaciers melted, lakes formed in the scour areas. Lakes in the City drain to five main drainage basins including 1) the Puget Sound, 2) the Green River, 3) Mill Creek, 4) the White River, 5) and the Hylebos. Lake shorelines have been modified with bulkheads and other bank protection, but also have significant areas of natural shoreline conditions. On Steel Lake, Star Lake and Five Mile Lake, approximately 20 to 50 percent of the shoreline has been modified with bulkheads. Shoreline modifications are less frequently occurring on the remaining lakes. Habitat and Species The City's coastal and freshwater shorelines are used by a variety of aquatic and terrestrial species including salmonids and other fish, birds, mammals, and a wide variety of invertebrates. Of special interest are areas that provide habitat for federally listed species and species of local importance (primarily nearshore areas), including bull trout (threate)ed, Chinook salmon (threatened), coho salmon, as well as great blue heron nest sites.Forage fish such as surf smelt and sand lance (prey for salmonids) spawn on local beaches.,, l elgrass*ds are also present along the City's coastal/nearshore areas, specifically nea `ya Poin State Park and in the northern end of Dumas Ba and northward. Dumas B uI has been identified as a no y VC .T 9 pocket estuary with regional importance within the ars ore habitat. The freshwater shoreline lakes within the City'�and it P do nopt?ovide salmonid habitat or habitat for federally listed species. Howeve , these lake�o' prov'de general habitat for waterfowl, trout, and other aquatic species i portant foah rhara e of Federal Way and the lakeshore residents. Also, good water qual' y in the freshwater lakes is important for downstream salmonid habitat i seam`s such as the HyX bos Creek, ,Joe's Creek, Mill Creek, Lakota Creek, and the Green ' 'ver. i E Land Use and Pubtkc Aecess� 1 11 The major land uses along the Fed al`Wa�y c_o�astaf/ ne shore shoreline are single-family homes, parks, and pubic fagil`ties. OZ e City's most c co:mon shoreline use is single-family residential, which occupies 55 pereenttof hie �6" tal s oreline. Parks and public recreational facilities occupy 18 percent o the''coas'talshoreline. These uses include Dash Point State Park, Dumas Bay Park, DumasBayCentre, ah d Poverty Bay Park. These areas provide opportunities for fishing, hiking nd beach creation.. .% Land uses along the C it s €re li yatcfakes are primarily single-family residential and public parks. Single-family re ident aI use occupies between 55 and 80 percent of the shoreline on most lakes, with the e� cepfion,of North Lake (35 percent) and Five Mile Lake (32 percent). Parks, boat ramps, and public facilities occupy 9 to 39 percent of the lake shorelines. Public access to the lakes 'cc 9 via parks including Steel Lake Park, Lake Geneva Park, Lake Killarney Park and# e Mile Lake Park, as well as several boat ramps owned by Washington Department of Fish and Wildlife. Parks and open space areas within Federal Way are shown on Figure 4 (Parks and Open Space). Federal Wat, Shoreline Muster Program Update — DRAFT Restoration Plan Restoration Opportunities Programmatic restoration opportunities include restoration of public properties, coordination with the City's Surface Water Management Division, public education and outreach programs to provide technical guidance for shoreline homeowners, and the possibility for incentive -based or community-based restoration on private property. Opportunities for enhancing public awareness and education will include installation of informational kiosks at public parks and waterfront use areas. The City will also continue to coordinate with King County, the Water Resource Inventory Area (WRIA) 9 forum, and other regional or Puget Sound -wide planning efforts to implement identified restoration policies and actions. Opportunities for site-specific habitat enhancement or restoration of shoreline ecological functions (primarily in the marine shoreline) have been identified in the shoreline inventory and characterization report based upon watershed information and field studies conducted by the WRIA groups. In the coastal Puget Sound areas, restoration focuses -n removal of abandoned creosote pilings, debris and concrete from the shoreline. Resto ation m. the coastal shoreline also focuses on bulkhead replacement with soft -shore armoring art�e use ,of native marine riparian plantings. These site-specific projects will provide small a ua, 14 efforts toward habitat enhancement and restoration of impaired ecological fiIc In the freshwater lakes, restoration opportuni information for these lakes is lacking due to habitats. However, restoration opportunities inventory and characterization. These incluc,t native vegetation, removal or replacement o quality in the lakes, and removal46'�inv`asive downstream native salmonid 1! itats, as w .,1 lakeshore residents and by th,44.4_ r -been specifically studied. WRIA on rest ation of nearshore marine -nerallydentified through the shoreline at of lakeshore riparian areas with 3e#ds to innprove and maintain water ,-r'qualit, it these lakes is important to vera]] enjoyment of the lakes by Federal WaY Shoreline Master Program Update - DRAFT Restoration Plan 3.0 Developing Restoration Goals and Policies The guidelines provide that local shoreline master programs shall include "goals, policies and actions for restoration of impaired shoreline ecological functions." Under the guidelines, restoration planning has a purpose distinct from development regulations and mitigation standards. "The guidelines expressly focus restoration requirements on the use of master program policies, as opposed to development regulations" (Ecology 2004). "Master program provisions should be designed to achieve overall improvements in shoreline ecological functions over time, when compared to the status upon adoption of the master program" (WAC 173-26- 201(2)(f)). Federal Way SMP Update — Restoration Goals and Policies The existing Shoreline Master Program (SMP) goals and policies are.•ikSection 2.8.5 of the Federal Way Comprehensive Plan (FWCP). This is a subsectionof the sand Use Designations section (Section 2.8) of the Land Use Chapter of the Comprehe sive Plan. The existing SMP does not contain specific goals and policies related to restor n of s}},,4i elme habitat and ecological functions. However, some policy statements 'recons ation Element of the SMP and in Chapter 9, Natural Environment, address prese tionl e I 'an , ement, or restoration of shoreline features such as natural vegetation and fish and `,,� ldlife habitat. SMP goals and policies should be consisten it and in!tegr ted with the City's Comprehensive Plan. The following potential goals, objectites and poliGi'e relayed, to shoreline restoration have been integrated with amendments to the Cor servatA Elemdnt artd renamed "Conservation and Restoration." The language drafted ie`l.ow has b4en sed in'devld�private &g proposed goals and policies for restoration. It is genAa7ly focu� around four key as: 1) coordination with regional plans and programs; oppartunitles= oc�se on public property along the shorelines; and 3) volunta yry o f ee five b end stor it n opportunities on private property and 4) public education oD`oI'llrt nities e `co eot 's orgni� ed to be generally consistent with the structure and orgarzation of to Ci's Cm etisvelan elements. Shoreline Restoratiow-Eluent: This elementpro`rri fes and encourages restoration of shoreline functions a�xd e ,ological1pro`' e , ai have been impaired as a result of past development activtt es. Goal 1. D velop regOna� s uti tkwith other jurisdictions, tribes and interested parties to resolve t e cA lenge ofpAotecting shoreline ecological functions while also protecting shoreline devlopmen%. Policies: i v 1. Continue to work with the State, King County, Watershed Resource Inventory Area QVRIA) 9, and other governmental and non-governmental organizations to expldre how local governments can contribute to the preservation of ecological processes and shoreline functions. Federal Way Shoreline Master Program Update — DRAFT Restoration Plan 2. Continue to work with the WRIA 9 to restore shoreline habitats and shoreline functions that support listed endangered and threatened species, as well as other anadromous fisheries. Goal 2. Pursue projects to restore and enhance shoreline habitats, functions and processes on private and publicly owned lands. Policies: 1. Prioritize restoration and enhancement first based upon the greatest net ecological benefit, as compared to the project cost. 2. Focus restoration and conservation activities on public parks and open space lands for public enjoyment. 3. Work with owners of other publicly owned land such asWashington State Parks to encourage restoration and enhancement projects, ' ;ceding funding strategies. 4. Work with the public and other interested partie prtop,tize restoration opportunities identified in Shoreline Invento d Ch . acterization Report. 5. Promote shoreline vegetation restoration e control of invasive weeds and nonnative species, to enhance marine parran act freshwater lakeshore habitats. 6. Promote shoreline vegetation accelerated erosion. hazard of slope failures or 7. Develop a program to implert e tlrest,-. i rojeOt including funding strategies. 8. Monitor and adaptivelynanage recto atio projec s. I r Goal 3. Evaluate pot e itialIS otreline iT.pairm, is when the are identified by the comm orstbciders Policie l,. Coljee(nfor n :. to"evaluatq,xpd ss6s potential shoreline degradation and 2. Deelc>p strategies tb adcss impairments to shoreline functions through restQratioI actions, ifam3.rcnate. 3. Res oxAti6h, projects with broad ecological benefit will be given greater weight or priorit �.dtihan nroiects with localized benefits. Goal 4. Eifcau q& voluntary restoration projects in degraded shoreline environments. Policie 1. Create incentives that will make it economically or otherwise attractive for development proposals to integrate shoreline ecological restoration into development projects. 10 Federal Way Shoreline Master Program Update — DRAFT Restoration Plan 2. Encourage protection, enhancement, or restoration of native riparian vegetation through incentives and non -regulatory programs. 3. Promote bioengineering and/or soft engineering alternative design approaches to shoreline stabilization and provide technical guidance to shoreline landowners. 4. Establish public education materials to provide shoreline landowners technical assistance about the benefits of native vegetation plantings. 5. Identify and pursue funding sources for shoreline restoration actions on private lands. Goal 5. Provide ample opportunity for the public to learn about the ecological aspects and community values of the City's shorelines. Policies: 1. Explore opportunities with other educational org4fno at o s and agencies to develop an on-going program of shoreline education fo 11 ages. 2. Identify areas where kiosks and interprettat`ive s gns can enhance the educational experience of users of the shoreline. �d 3. Develop strategies to fund these,proi 4.0 Existing Plans A number of regional and F water resource managelnen f. and programs provide '`a fray At the end of this se"'�tion, a These plans and p ograrns i The goals, policies at Act consistent with this bOad, region. I l Regional The following shorelines and Puaet Sound P IVI Pfog`ra >und�wil it it gluaility and salm oaf goa s, policies >niept o the need fforts have been developed to address habitat recovery. These existing plans id in some cases, funding mechanisms. ;any additional programs is offered. al (county and city) plans and programs. tion plan should coordinate and be and restoration work in the Puget Sound are in place with the overall goal to restore Puget Sound marine In December 2005 rGovemor Gregoire formed the Puget Sound Partnership to focus attention on the overall needs and health of Puget Sound and to promote public education and interagency coordination for clean up of the Sound. The vision of the new Partnership is: it Federal Way Shoreline Master Program Update — DRAFT Restoration Plan To ensure that the Puget Sound forever will be a thriving natural system, with clean marine and freshwaters, healthy and abundant native species, natural shorelines and places for public enjoyment, and a vibrant economy that prospers in productive harmony with a healthy Sound. At the direction of the Governor, the Puget Sound Partnership drafted recommendations for preserving and restoring Puget Sound and its species and habitats. A summary of those recommendations was released on October 13, 2006, along with a full report to the state legislature, congress and Governor. The recommendations include a 2020 Action Agenda with overarching goals and outcomes for a healthy Sound. The Partnership proposing eight priorities needed to conserve and restore Puget Sound; these are: 1. Protect existing habitat and prevent further losses. 2. Restore the amount and quality of habitat, and reduce fragmentation. 3. Significantly reduce toxics entering Puget Sound fresh a d marine waters. 4. Significantly reduce pollution from human and ani al aste's in fresh and marine waters. 5. Improve water quality and habitat by managi ;g wade4f'r runoff. 6. Provide water for people, fish and wildlife ,.and theEcrf irdnment. 7. Protect ecosystem biodiversity and recov rim enled ,po ies. 8. Build and sustain our capacity fopaAion. This renewed focus on the health of the Pug1t S�and w ely r t t in an increase in state- wide funding for restoration of Puget Sound�inarine s ©xe1'- es. t Puget Sound Action Team -4005-200 1tu `et found Conservation & Recove Plan _ .. / � t The Puget Sound Actio,anea , pArt ership (�S4 , _T �;fi es, coordinates and implements Washington State's- vironment l a eiida for uget ound. The legislature created the Puget Sound Action Team (Achori 'earnin;/1996 as the st e` partnership for Puget Sound. The Action Team parts rs� includes dXr6cto s from 1 to agencies and representatives from tribal, federal and tooal gonsith�d' ec Xe Visibilities and authorities for conservation and restoration of Pup -et oun 7c Every two years the PSA ' Paitnersh p d6velops a plan to guide their work. The 2005-2007 plan provides a total of $182 ail da ft,.inded through state agency budgets to address eight priority areas: • Clean up corttamirated/sites and sediments; • Reduce c tinu-ing toxic contamination and prevent future contamination; • Reduce the harm from stormwater runoff, V • Prevent nutrient and pathogen pollution caused by human and animal wastes; • Hood Canal: a geographic priority for 2005-2007; Protect shorelines and other critical areas that provide important ecological functions; 12 Federal Wats Shoreline Master Program Update — DRAFT Restoration Plan • Restore degraded nearshore and freshwater habitats; and • Conserve and recover orca, salmon, forage fish, and groundfish (PSAT, 2005). Each of these priorities is applicable to Federal Way with the exception of Hood Canal. Puget Sound Nearshore Project (PSNP) The Puget Sound Nearshore Project (PNSP) (also referred to as the Puget Sound Nearshore Ecosystem Restoration Project (PSNERP)) is a large-scale, multi -agency initiative to address habitat restoration needs in the Puget Sound basin. Nearshore Project goals are to identify significant ecosystem problems, evaluate potential solutions, and restore and preserve critical nearshore habitat. PSRP represents a partnership between the U.S. Army Corps of Engineers (Corps), state and federal government organizations, Indian tribes, industries and environmental organizations. A General Investigation Reconnaissance Study conducted by in 2000 (USACOE, 2000) identified a direct link between he, physical condition of the shoreline. The study identified sele restoring nearshore processes to a more natural state: • Providing marshes, mudflats, and 1 • Removing, moving and modifying gates, etc.); Using alternative measures • Restoring estuaries a 2000; PSNP, 2002).. PSNERP also provi restoration mincipa P wi al rmy Corps of Engineers nore habitat and the that would be central in and gravel materials; , rip rap, dikes, tide and flooding; and and kelp beds (USACOE, Lce iriOeri"alsIrelated to nearshore ecosystem f 1 is iMp Cementation. k I !aft Pu t Bound Salmon Recovery PI Shared Strategy for Puget S6t1nd ;(Sha1'bf ttategy')'is a collaborative effort between local stakeholders and regional leadersl to protect and restore salmon runs across Puget Sound that was initiated as a resul&iEnha� g red S eclls 1 ct (ESA) listings of salmonid species in the Puget Sound region. Shared Staategy engggee focal citizens, tribes, technical experts and policy makers to build a practical, cost effective recovery plan endorsed by the people living and working in the watersheds of Puget Soyk& Shared Strategy has, developed a draft salmon recovery plan (Shared Strategy, 2005) that provides a blueprint forsalmon recovery strategies throughout Puget Sound and incorporates, by reference, local wdtershed plans for salmon recovery. Amongst other strategies described in the draft plan, Shared Sirategy describes their `Top 10 Actions Needed for Salmon Recovery', many of which have additional beneficial impacts for humans. 13 Federal Way Shoreline Master Program Update — DRAFT Restoration Plan Water Resource Inventory Area (WRIA) 9 Forum: Salmon Habitat Plan The city is a participating local agency in WRIA 9 watershed planning. After several years of planning and scientific study, WRIA 9 recently completed the Salmon Habitat Plan (WRIA 9, 2005). The plan is both broad in scope and specific in recommendations for protection, enhancement, and restoration of habitat along the Green River and Puget Sound coastal shorelines. The plan identifies needs and includes recommended policies, programs, and projects for both the entire watershed and the sub watersheds (Middle and Lower Green River) within the City of Federal Way. Identified needs for the nearshore and lower watershed which are relevant to the City include: • Encourage nearshore property owners to continue the replacement of creosote pilings and structures with non -creosote alternatives as well as the removal of obsolete / abandoned facilities that contain significant amounts of creoso d wood; and • Actively feed beaches, where appropriate, with sediment eIthere is a lack of sediment due to interrupted supply from bulkheads ore er fon is of shoreline armoring (WRIA 9, 2005). A • Prevention of future and reduction of curren stMm"15' nk oring; • Promotion of low -impact development througho the w to shed; r� • Restoration offish passage on tribut ",stre�'A. to the to Green-Duwamish River; • A focus on reducing non -point poll ox ; an • Maintenance of minimal str rn flow levels to vrotoct down tream salmonid habitats. r Resource Inventor4 Area (WRiAI 9 EPrlioOitizatio As part of the WRfd9i watt rs�dparin a stud3 was;undertaken to identify and prioritize habitat protection starattaxt acttbns hong the na e shorelines of the Green/ Duwamish and Central Puget of nd''vate shed, i �cli �.Wthe m of Federal Way (Anchor, May 2006). The study used ha itat 84;64 �es to` haract raze m�rtne shoreline habitats and select priority habitat action area 'th w6,!a sci n e- at prioritization process. Priority conservation, rehabilitation, and e ort ` rojects vii re identified for WRIA 9 using a GIS model approach. Restoration action i"re in scales: first, at the extent of the entire WRIA nearshore area, and seco d,fat the extent of each of 12 subareas within the study area. Based upon this study, the overall habitat needs and goals for the Federal Way marine shoreline include: f • maintaining and,eonserving the shoreline sediment supply through protection of feeder bluffs; and �% • conserving and restoring tributary mouths and marshes present in Dumas Bay. 14 Federal Way Shoreline Master Prograin Update — DRAFT Restoration Plan These were identified as important habitat needs within the WRIA 9 nearshore environment due to the location of Dumas Bay and the bay's potential to provide marsh and pocket estuary habitat for feeding and refuge of salmonids. Water Resource Inventory Area (WRIA) 10 Forum: Salmon Habitat Plan Federal Way lakes also drain to the White River and the Hylebos, within WRIA 10. A Salmon Habitat Plan has not yet been developed for WRIA 10; however a framework for plan completion has been developed. Pierce County is acting as the lead agency for WRIA 10, with King County and other basin jurisdictions, including the City of Auburn, providing support. The framework for plan completion can be found in the Pierce County chapter of the Tri -County 4(d) Rule submittal. Upon completion, the WRIA 10 Salmon Habitat Plan will provide broad and specific goals and recommendations for protection, enhancement, and�iestoration of habitat throughout the basin. An existing document, The Salmon Habitat.! .44tion and Restoration Strategy (Pierce County, 2005), provides initial assessment and z ritizes initial recommendations and actions for WRIA 10. Cascade Land Conservancy The Cascade Land Conservancy (CLC) seeks to conl"er-ve urban and Crural natural spaces within the Central Puget Sound region, including area throughout King W Pierce Counties. Priority natural areas include lands along streams, Ars other areasliin the r scade foothills, and estuary areas. The CLC conservation strategies have included se&` ng l dI through purchase and donation, conservation easements, and, own rship ag>keemenls. Since 1989, the CLC has completed 139 projects that have c�66s 7e�aftatl 1 7,783 res in King County). Although no CLC protected larlds currently exist witliinihe City o ederal Way, the shoreline landscapes may provide cons rvatio�n o�portuniti.es for the CLC. County and C The following coi restoration and/or Ki King County is ul The County is cur address the lake sl developing its rest should coordinate the PAA, as well s COU or cit4ide p o�gran s are in pl ' which provide guidance for lakeshore lg is Shorelihe Waster Program concurrent with the cities in the County. y nderWway v� t i -its shoreline inventory and characterization, which will in eswithin the Federal Way's PAA. In 2007, King County will be .dn p`lan4oi- shorelines within unincorporated county lands. The City its with Kmg County for restoration opportunities identified for lakes in r regional collaboration in restoration with WRIAs 9 and 10. rdshio Prociram King County Natural Resources and Parks, Water and Land Resources Division, has conducted volunteer lake monitoring for all of the larger lakes in King County since the 1980s. The monitoring was continuous on many of these lakes during the period from the mid 1990's to 15 Federal Way Shoreline Master Program Update — DRAFT Restoration Plan 2004. Lakes within the City of Federal Way were part of this program until 2004, when the City took over water quality monitoring. .Monitoring data included watershed mapping, bathymetric mapping, mapping of aquatic vegetative communities, and water quality data. The City should coordinate efforts with King County for shoreline restoration opportunities on lakes currently within the City's PAA. Lake characteristics and health are summarized in the King County Lake Monitoring Report for Year 2004 (h.ttp://dnr.nietroke.gov/wir/waterres/sm.lakes/). City of Federal Way Surface Water Management Division The City's Surface Water Management Program is guided by the Surface Water Facilities Plan (1994) and the City's Comprehensive Plan (2002). The Surface Water Management Division (SWM) is responsible for the comprehensive management of the City's(surface water systems. This involves protecting developed and undeveloped properties fro 'coding, runoff and water quality problems, while continuing to accommodate new developlAntht. he SWM Division also promotes the preservation of natural drainage systems, wildlife habitat. The City's Surface Water Capital Imp. implements site-specific projects intended to provide f. enhance riparian habitat, replace culverts to improv from stormwater runoff. The Surface Water Manage focused on stream resources, with limited em „asis shorelines. 1 An example of stream restoration ocourrinl Restoration. This project, comp eked 20 creek from SW 320'h Street doristrea► to Center. The project was desigcsedo stabil. stream channel. Fish passage batiers fiver( woody debris was shrubs and trees. of Lakota Creek, stream restoration stream flow, and e Another local pro wetlands is the Fr involved in salme Federal Way. Ad offs ery resources and ro ; am identifies, funds, and 1or alleviation, improve and 4nd improve water quality atop program is currently dot lakes and marine is the Lakota Creek and west branch of the Plant near Dumas Bay id restore the natural Is were placed, and large %ailed w the iestgi ie lze�ar t. nvasive plants were replaced with native e city ha'urideriaken stpulart am restoration projects on the East Branch s reekl?and the�We t Hylebds '�hile not specifically in the shoreline, ec s 1 k LAo t �Cr el litre �t rotect and restore water quality, natural 6gica proeesses, alb- whiacontribute to the health of Puget Sound. ,m fdI cused, oar tlie�liealth and protection of Hylebos Creek and its associated rids dT,I4ylebc s Wetlands. This group is a local non-government organization d Wco ery and active in both stream and wetland restoration projects within tional information on this organization may be found at iT. Federal Way Shoreline Master Program Update - DRAFT Restoration Plan Additional or Needed Programs An additional or expanded City program is needed to coordinate shoreline restoration opportunities within Federal Way. While restoration along the Puget Sound coastal shoreline has been identified by the WRIA 9 work, restoration opportunities within the freshwater lakes has not been formally identified by regional or watershed programs. Current programs on the lakes are focused on water quality, aquatic weed removal, and public education. Further, the City's Stormwater CIP program does not specifically address restoration within marine coastal areas of Puget Sound, but focuses on freshwater restoration, specifically streams and salmonid habitat. A new citywide program or an expanded CEP program is needed, which focuses on restoration in both the coastal marine shorelines and freshwater lake shorelines. 5.0 Implementation The implementation portion of restoration planning typicall7lequires'more detailed site-specific information than is available at this time, especially witegard to the timing of projects. However, potential projects and priorities have been Ovide h ko/ shorelines in Federal Way based upon the WRIA studies and other information.thi implementation section is intended to provide information about the implementation Upproonsisterit with guidance for SMP development (WAC 173-26-201(2)(f)(vi)). f Identify Restoration and Conservation Opportunities The following SMA concepts should guide'iident � catio ` , evalua Ori and prioritization or restoration opportunities: i 1) Restoration of M a'?c ment Shc'ul support tl�e overarching goal that local shoreline master pro s se e td r ve prothe ave affce ndition of habitat and resources within the shoreline area' ;end 4 2) Restoratio shou d b es gned.to address aeras where shoreline ecological functions v been nn air�d as result f ast de 10 ment activities. have b p.. ' Q p In Federal Way, both prdgrammaticIand si e -specific opportunities for shoreline restoration or enhancement est. Opportunities have been identified by regional plans (e.g., WRIA 9 Salmoi H!, ab�i�tat Plan and related studies) and the City's Shoreline Inventory and Cha7a6,tertzation (Adolfson, 2006). This section of the Restoration Plan prioritizes the prevously i�deni'fied opportunities and outlines City commitment to undertaking both pro gla matic and project -specific measures to accomplish shoreline restoration. tl Conservation of shorelines is also included in this restoration plan. Conservation refers to preserving existing shoreline areas that currently provide valuable functions. An important part of any good habitat protection plan is protecting priority ecological processes and habitats that have not been degraded or impaired. Conservation opportunities in the City's shoreline are 17 Federal Way Shoreline Master Program Update — DRAFT Restoration Plan primarily provided through WRIA 9 studies and are intermixed with restoration opportunities for marine shorelines. Conservation of shorelines will also be addressed in the City's shoreline regulations. Programmatic Restoration City of Federal Way Restoration Program To organize and implement protection and restoration measures, Federal Way will establish a City Restoration Program, which targets and directs aquatic habitat protection and restoration opportunities within the jurisdiction. This program will implement stream and wetland restoration, which is currently occurring through the Surface Water Management Utility, as well as restoration for freshwater lakes and Puget Sound coastal shoreline areas. The program will either be integrated into the existing Surface Water Management Utilityjor be established as a stand-alone program. This program will be charged with integratio Ah" cooperation with the WRIA 9 and 10 committees, and King County, to identify fund . g optunities and collaborate on watershed projects. The new or expanded program will bye responoi��le for: 1) Coordination with and leveraging of reoi nal progra s and organizations; 2) Identification of restoration opportuni tes, 'ncludirlg at freshwater lakes; 3) Prioritization and selection o re loratIO4 pi22 ects; I 4) Procurement of 5) 6) Monitoring an( evaTu*,tibn � a*tie nanagerilept) of restoration projects. ( F i In addition to, and o iste t wit E , tlx� e p 4a i a i Opportunities the City's Shoreline Inventory and Ch ix t rr u ion 0i alfso 2.006) io `ti�f�ed programmatic opportunities in the form of public ed u at'o a k waren6ss 0 1 shirr ;line{ctions and values: bltc citcahQ and awareness at the Federal Way shoreline parks and a) Prim tepuother iub icl c, e sibi'e dterfront. Informational kiosks may be erected at par,6 an4horeline ubhaccess locations in the City. The kiosks will serve to ed We e tAe u lie on fl e'rmportance of the nearshore area and coastal processes, pro clin inf6 Ati n`on what people can do to help preserve or improve what rernai d d" -e �ibing existing wildlife viewing opportunities. A good example of i ype�ofkiosk can be found at Dash Point State Park. b) Tetical eassistance and public outreach for riparian planting enhancement or rehaii tion. This program will be developed in concert with the "toolbox" program described above as part of the WRIA 9 Salmon Habitat Plan. The program will develop specific technical assistance for appropriate plantings in marine riparian zones, lakeshores and along freshwater streams that discharge to Puget Sound in the City of Federal Way. 18 Federal Way Shoreline Master Program Update — DRAFT Restoration Plan c) Distribution of public education material. Residential property owners will receive printed material emphasizing stewardship, natural processes and native plantings, such as a blueprint for a lake -friendly landscape and a Puget Sound shoreline stewardship guidebook. WRIA 9 Habitat Planning The WRIA 9 Salmon Habitat Plan recommends development of several programs relevant to the City of Federal Way shoreline master program update. The programs will be developed by King County in coordination with local jurisdictions and could be implemented at the local level by the County or by the City of Federal Way. The city will continue to support and participate in the development of these programs, which will be administered by the city's new or expanded shoreline restoration program. The program under consideration are,, Promote Habitat Restoration on Private Property by Of Nearshore Habitat Project Designs. This progragi4d, on private property by creating a "toolbox" of rnodelilat restoration actions. Types of actions' could i c d�ren c' armoring and/or derelict structures, and rehailitatlon of program would provide technical incentives to encourage voluntary 2. Create a Soft Armoring Technical would promote voluntary (concrete/riprap/wooden't appropriate and feasi;fke property's unique charact provided in A to -1- B 2000). Thp i`are s1egmef type of prcEgrarn in or incentivEs fortsl processes an( feeder bluffs on a Blueprint of note voluntary restoration ,sign and shoreline unneeded shoreline ne riparian vegetation. The d would seek to develop ate property. Program. This program lona hardt ' shoreline armoring -s ore" arifioting techniques where 110 vary from site to site depending on the Fease studte and example designs are + for Pu et Sound Shorelines (Ecology, Il would most directly benefit from this aid Puget Sound West. Public education [)%ld help restore natural shoreline :ats and formerly important reaches of in Adolfson, 2005), as well as other sites. 3. Citizen Volunte orage Frsh 1Vlonitoring Program. This program would offer an opportunity for fiers to vorkv�th biologists and participate in data gathering to better identify d mo tar forage fish spawning areas. 4. Create aln cer I ogram to Remove Relict Structures from Intertidal areas. This program wl�o,uid be%fo'sed on reclaiming intertidal habitat located beneath relict structures Ech a� old pier footings and failed erosion control structures. Opportunities to remove such st ''ctures are found throughout the Federal Way shores, and are most abundant i,Puget Sound East. 19 Federal Way Shoreline Master Program Update — DRAFT Restoration Plan Site -Specific Restoration and Conservation The City's Shoreline Inventory and Characterization (Adolfson, 2006) evaluated and described how shoreline ecological functions have been impaired in the City of Federal Way and identified site-specific opportunities for shoreline restoration, enhancement, and conservation. Puget Sound Marine Shorelines Site-specific restoration opportunities for the coastal shorelines have been identified through WRIA 9 planning efforts (Anchor, 2006; Coastal Geologic Services, Inc., 2005). These restoration opportunities focus on Dumas Bay due to its overall importance to salmonid habitat within the nearshore environment. These high priority nearshore restoration projects are identified by WRIA 9 in the Federal Way area of the Puget Sound and illustrated on Figure 5: 1. Conserve unarmored shoreline west of Dumas Bay. unarmored feeder bluffs with mature marine riparian v ,21 Dumas Bay. The sections are separated by a reach w Nearshore habitat would be enhanced and maint supplies to the intertidal zone in this area. 2. Restore the tributary mouth at Dash reaches of this creek could be re meanders, and restoring riparian 3. Conserve unarmored bluff exists east of Dur area would preserve t ' including Dumas Bay 4. Conserve at the west 5. Restore i riparian degraded Coastal Geologic during the WRIA specific shoreline listed as priority r opportunities are of lded sections of ere identified west of the base of bluffs. ig the sediment tributary mouth and lower rmoring, adding channel shoreline zone. extended reach of feeder rtion and the feeder bluff e for down drift areas, as Bay. Restoration of tributary mouth tat and associated wetlands. east of Dumas Bay. Marine Dumas Bay where native vegetation is lower priority restoration projects in Federal Way These are described below for neighborhoods and 'atertit i erties organized sequentially from east to west. While not 'iaprajects in the WRIA habitat assessment, these restoration toi anal` within the City should additional funding be procured. However, it should b oted that the following projects have not been assessed or ranked based upon ecological be�n�to the City's shorelines. Further, feasibility studies may be required for some of the projects to ensure that no critical design flaws are identified in the proposal. 20 Federal Way Shoreline Master Program Update — DRAFT Restoration Plan Dumas Bay Restoration/Enhancement Opportunities. Several restoration and/or enhancement opportunities are found within the shores of Dumas Bay. Opportunities range from recovering and restoring upper beach habitat, upland planting/manne riparian restoration and invasive species eradication, to the removal of toxic material from the sub -tidal to upper beach. A boulder rockery lines the City of Federal Way (Dumas Bay Center) shoreline for approximately 860 feet between 2 creek mouths. The rockery is currently over the upper intertidal zone and is failing in a number of places. The buildings at Dumas Bay Center have a very large setback and the removal of all or portions of the rockery would allow for upper beach and backshore restoration, and reestablishment of the sediment supply from the bluffs. Portions of the bluff toe could be partially protected from erosion by installation of soft shore protection, if the bluff toe were first graded further landward to make space for this. However, it may be more cost effective to allow the toe to erode naturally. Currently much of the banks are covered with Polygonum cus*`tdatum (Japanese knotweed), which should be eradicated. Another smaller path oFPolygonum cuspidatum is located along the western shore of Dumas Bay andsi ld als be eradicated as soon as possible. Over 30 relict creosoted pilings and a numble- of cr (osoted drift logs are found within the Bay. The toxic creosote could be removed from beaches. These restoration opportunities are well suited as a demonstrationprojed,Ad e to its location within a public park enabling citizens to participate inko I unity used restoration such as invasive species eradication and/or replInting the bank. Kos s and signs describing the restored geomorphic and ecological l iocesses could Iso provide an opportunity to engage and educate community members,. € • Buena Bulkhead Removgl' 11 earslioreSedimentkestor`�t gn. Three opportunities for bulkhead removal are f d tear B erta, m tl e Puget SoId:East shore segment. These armored shore segme is are tooted at the base of feeder a s, precluding sediment from "feeding" the be ch.i The tore `segine�nt . measure 4 436 and 101 feet long. The drift cell that encornpasse tls i horesegcnsnt el�rbits eastward, then northward net shore-drift.A number of d�in'drift beaches ly on sediment from these bluffs to maintain nearshore hatats ad moderate erosion rates. This drift cell has incurred the eatest redact o M mirilarshore se -lin sup Ty in Federal Way and was identified as a moderately h gh fstorattc n priority cro s e entire WRIA 9 nearshore (Coastal Geologic Services, Ina., 20 5). z f t Removal of shoreline rmoring o the base of these bluffs would restore the function o of the blu5, as Ea dearshore sedimesource; however, bluff erosion rates may need to be moderated to avoid thrateniig homes residing in the upland. Following removal of shoreline a�n gring,:('soft shore protection should be used to mitigate and slow "deferred" erosion. Planting a marine riparian buffer, comprised of native shrubs and trees, will also reduce erosion rates as well as eventually providing large woody debris to the nearshore. • Federal fLi'txyl4delaide Bulkhead Removal. This opportunity entails removing an unnecessarbulkhead from the backshore of an accretionary beach. The bulkhead measures approximately 475 feet long and runs adjacent to shore, with the nearest home set back considerably from the shore. The structure is largely aesthetic and provides no function as erosion control. Removing the structure and restoring the upper beach and a FJ Federal Wav Shoreline Master Prokram Update — DRAFT Resloration Plan more natural shore profile would enhance nearshore habitats. Beach nourishment could replace lost upper beach sediment and allow for the creation of a protective storm berm. Dune and marine riparian plants should be planted to further enhance beach habitat, by providing shade to the upper beach, a source of large woody debris and pollution abatement. Poverty Bay/Lakota Bulkhead Removal. This accretionary (depositional) beach has suffered considerable impact resulting from paving the upper beach for what is assumed to be recreational or aesthetic purposes. The pavement extends across approximately 55 feet of shoreline and is roughly 16 feet in width. This paved area could be deconstructed to improve shoreline functions. Following removal of the backshore pavement the upper beach could be nourished and dune and marine riparian vegetation could be planted to further restore nearshore processes. • Remove Relict Structures in Intertidal Lakota — Northeast Duras Bay (3 locations). These opportunities entail removing several relict concrete stn cures from the intertidal beach that currently preclude access to the underlying hab`ztat. i *o of these structures appear to also obstruct littoral transport of sediment,ch c cause erosion of down - drift beaches as well as degrading nearshore habit a .; e no heastern-most opportunity entails removing the relict concreted footings of 4 bo p These footings extend from the bulkheaded upper beach to the lower-most intertid e central enhancement opportunity includes removal of a large conAet structur . 'fat was likely used as a boat ramp. This solid concrete, angular stl Are acts dike a impeding littoral transport. This structure also reduces alongshore connec i,it or m'' rating juvenile salmonids, which are likely to be forced into deeper Zvate ( e e they are thought to be more vulnerable to predation) to around e sruetur. Additxpnally, large boulders (4-5 feet in diameter) line th,e�y'd sic bf e U,r(ture, whtchcould be removed. Further west there is another d°iapdatt coc�'eteoat ramp. Chun ! of the structure cover valuable intertidal for spawnatng habitt: his relic boat ramp could be deconstructed Ir\e ed o the �idaeh along with th associated concrete debris. • Remove R lr !t Bul � tlla tr ones .Prom Intertidal in Puget Sound West. This enhancemezt.oR, or iy entails r , ovirag aoidier pile bulkhead that is no longer providing as ros c�decaying g rovidin i� ' teded i�ctiva� rltrol, and a deca in barge that is interruptintnd�t sham- . ` Th� M ica infringes on upper intertidal habitats, is composed of dreosot` iogKnd4 i oundA upland sediment. Coastal Geologic Services 2005 iderc ;feed f]W a as be ng high restoration priority due to its value as a ( ) hE {., g P Y nearshore sdtnet So ce. Therge is of considerable length and width, and is positioned pe z eu�ar to sore. As a result, it both infringes on a substantial area of intertidal habi.atd pre dents net shore -drift along a large portion of the beach profile. Additionally, `ere areLumerous (15-20) car tires that are buried in intertidal sediment from this pt i to approximately 100 yards to the southwest. Removing these structures would enhakice,ongshore and cross -shore connectivity, restore feeder bluff function, and reclaim tprrently impacted habitats. .. • Purchase and Relocate Homes at Base of Historic Feeder Bluffs. The bluffs that are proposed for restoration are located approximately 0.6 and 0.9 miles northeast of the creek mouth at Dash Point State Park or 300 feet southwest and 1100 feet northeast of the end of 53rd Avenue SW. The bluffs are referred to as Restoration Bluffs No. 1 and 2. 22 Federal Wav Shoreline Master Program Update — DRAFT Restoration Plan Prior to the construction of shore modifications and homes along the base of these bluffs, they were exceptional (historic) feeder bluffs — meaning they regularly contributed large quantities of sediment to the nearshore (Coastal Geologic Services 2005). Shoreline armoring and bulkheads have considerably slowed erosion rates along these bluffs, which has likely reduced the sediment supply in this shore reach. Coastal Geologic Services (2005) identified this area as being a high restoration priority across the entire WRIA 8 and 9 nearshore (over 121 miles of shoreline). The shore modifications typically extend 20 or more feet from the base of the bluff, preventing bluff sediment input into the intertidal as well as infringing on upper beach habitat. As sea levels rise and waves scour the beach waterward of bulkheads, those beaches will become increasingly narrow and "starved" of littoral sediment. This eventually leads to the loss of nearshore habitats in a phenomenon referred to as "the coastal squeeze." Relocating any hazardously positioned homes and restoring the nearshore sediment source would restore down -drift shores ata'reduce life safety risks. Additionally a number of creosoted logs likely associa removed from the upper beach. Here it should be noted, that actions such as this wol owner consent and a dedicated source of funding. j Dash Point State Park Bluff and Estuarine removal of riprap from the lower reached of sinuosity and dune/riparian vegetation. The i shore protection and enhanced ripanll, vege widened and logs could be used to control tr near the bridge. These actidtcombined wit geomorphic and ecolo icizact� n ottiis Su' quality and quantity fo the ben�fit hf broth h restoration actio� pis to e11 we�ove 30 crew bulkhead located just est o e DIIas Foini site for birdo predat'orl 4ia3bluff g jiieni'1 restore natural beacl3 chnAi s px so additionat , a . 4,u tility b4lefit `could bd As mentioned abe identifies and fun( underway. While implementation ,k Sound. As such, I projects include: Lakota failed bulkhead could be only 4efeasible with property [ties include the e urinamed'creck and restoring channel Trap could b r�placed with limited soft tiofiThe stea channel should be area over w!b-ic, the channel could migrate marine ripa an plantings could enhance the IN estuary, whlchwould increase habitat al terrestrial"a d aquatic species. A second ted piles andy,creosoted soldier pile ze6k. The piles also provide an opportune salmonids. Simple pile removal would help ,esses. Several of these are creosoted piles, chieved. ;ement Capital Improvement Program stream restoration projects which are completed or �located within the marine shoreline, their how regimes in key streams that discharge to Puget in the context of shoreline restoration planning. Key (2004-2006). Habitat improvements include removal of fish passage obrstructons and stream restoration (e.g., creation of spawning pools; placement of anchore 6 large woody debris and boulders; and bank stabilization). West Hylebos Restoration (2004). Habitat improvements, including the installation of large woody debris and native plants to stabilize and restore the stream channel. 23 Federal Way Shoreline Master Program Update - DRAFT Restoration Plan • Joe's Creek (2006-2007). Involves widening the stream channel to alleviate flooding and to restore fish habitat (via addition of spawning gravel, creation of eddy pools, riparian enhancement for shade, etc.). Spring Valley Restoration and Bridge Replacement (2007). The Spring Valley Restoration Project is a joint effort between City of Federal Way and Washington Department of Transportation, which will return approximately 1,400 feet of degraded creek channel and pasture -land back to its natural state. The creek will be realigned to follow a more natural, meandering path, with shade cover from native trees and shrubs. Creating wetland areas and placing logs will provide additional habitat. A major element of this project will be the construction of a new bridge on S. 373' St. to eliminate flooding across the road and improve fish and wildlife passage. Freshwater Lake Shorelines Site-specific restoration opportunities on the City's freshwater Jdkes ha�e not been identified on the ground due to limited access to private Lakeshore propeztate. Fttl)er, lakes within Federal Way and its PAA have not been specifically evaluated as the WRIA 9 or 10 efforts. Baseline studies on the specific restoration needs and opportunities would b implementing lakeshore restoration. 'A In general, restoration activities on the • Restoration of native quality and habitat; • Restoration of native • Use of • Public Funding and Funding opportui administered by obtain funding w agencies. Target: fish spawning en] restoration plans/ organizations mo nities lark of any comprehensive study such s fresh' 'er lakes to determine cafi%a. step in identifying and daily native; trees) to protect water lakes; bulkheads where feasible; and fad tst©ajior proj ects include both grants and legislative funds a& -i e For potential projects in Federal Way, the greatest likelihood to 41t fxo � strategic partnering with King County and state and federal Cunding requests to sediment supply for nearshore habitats such as forage cement or pocket estuary enhancement would fit well into the science and !s'of the organizations listed below. A few of these programs and :levant to Federal Way are described below. 24 Federal Way Shoreline Master Puget Sound Action Team Update - DRAFT Restoration Plan The state legislature has appropriated a total of approximately $182 million for state agencies and university education programs for implementing the 2005-2007 Puget Sound Conservation and Recovery Plan (PSAT, 2005). Funding is allocated by both priority area (e.g., habitat restoration (13 percent), stormwater (29 percent)) and state agency (e.g., Ecology, WDFW, WSU Extension, etc.). The habitat restoration funds would be the best fit for opportunities in Federal Way. Puget Sound Watershed Protection & Restoration Grant Program The Environmental Protection Agency through the Washington Department of Ecology is offering watershed grants to applicants within the 14 Puget Sound Salmon Recovery Planning Areas. These grants are in collaboration with the Shared Strategy for Puget Sound, Washington Department of Fish and Wildlife, and Puget Sound Action Team. Local governments, tribes, watershed entities and non-profit groups are eligible for these gran. The focus of the grants is to identify opportunities and barriers for the protection and resOft;tion of water quality, water quantity, habitat protection and habitat restoration withinti-'Puget Sound Basin. Salmon Recovery Funding Board (SRFB) (i % I With the listing of salmonid species under theE Adan ered Specis ,pct in 1999, the Legislature created the Salmon Recovery Funding Boards Comp'`sea o£citizens appointed by the Governor and five state agency directors, the Board provides grant nds to rotect or restore salmon habitat and assist related activities. I,works closely v ith loc4l wjer�hed groups and has helped finance over 500 projects. The Sa ecoveryFunding/Board aw ded $7.1 million during the %first five funding cycles for salmon habitat projection�� re'storation� and assessment projects in the Green/Duwamish and Central Puget Sound V�ateishe l (WRIA 9)� ese grants build on other fundingsources such as e K ng(Counfy conservation District and aterways 2000. g, k � , Kin Count Conservaflohi Distract ii The King Consery tiorii Disc' ict (KCD� is n04"re ulatory natural resources assistance agency founded in 1949. �'l�e C nservah`on I strict is A prized by the State of Washington and guided by the Washington State Co�is�erua� on Ca�minissron. The District promotes conservation through demonstration projects, APattoi}al events, providing technical assistance, and, in some cases, providing or pointkngthev�4yo funds that"may be available for projects. The WRIA 9 Forum allocates approximately h3,4,000 mKirig Conservation District funds annually to support habitat protection and;re�tarationiprojects, stewardship projects and programs, and essential technical assessmetntsLill, Jtmorfey comes from a countywide $5 per parcel assessment that funds the activities of theKing Conservation District as well as projects through other watershed forums in King County. beginning in 2005, the highest priority for WRIA 9 KCD funding is projects and programs that are informed by the watershed Habitat Plan and the Strategic Assessment, such as the pocket estuary restoration projects. Federal Way. Shoreline Master Program Update — DRAFT Restoration Plan NOAA Community -Based Restoration Program NOAA's National Marine Fisheries Service houses the Community -Based Restoration Program (CRP), begun in 1996. The Program promotes local efforts to conduct meaningful, on -the - ground restoration of marine, estuarine and riparian habitat. The Program provides seed money and technical expertise to address important fishery habitat concerns. Projects are developed by individual and civic organizations. NOAA solicits proposals for locally -driven habitat restoration projects and works closely with communities to aid their development and implementation. Successful projects result from significant local support, including citizens' hands-on involvement to implement the restoration projects. Following development of a restoration project, the "host" community subsequently monitors and maintains the site. This model promotes stewardship and a heightened appreciation for the environment. Federal Way Surface Water Management CIP The Federal Way Surface Water Management Capital Ir through a combination of CIP funds and grants and/or ft projects such as development of comprehensive basin pl Management Program is focused on freshwater resource Sound nearshore restoration component to its capital c grants and partnership opportunities. Other Possible Funding Sources 1. Coastal Protection Account -,�iVA 2. Aquatic Lands Enh 3. City Fish Passage f Department of Tray 4. Five -Star Rest6fa��4 5. Habitat CoyT'servatit 6. Matching. 7. Non -point Agency, V 8. Pacific Gr 9. Puget 10. Puget Sourfft Wedan'd Re IL Regional Fish. s Enban Wildlife j t l: A H `gram funds projects for multi jurisdiction Surface Water i consider adding a Puget sources would include atural Resources Grant Program - WA >tectiori Agency ice Coastal Program - Ducks Unlimited - Environmental Protection %tz 5tveLNational Fish & Wildlife Foundation Wildlife Service in Program - Washington State Department of Ecology t Groups - Washington State Department of Fish and 12. Section 206: Aquatic Ecosystem Restoration Program - U.S. Army Corps of Engineers 13. Transportation )Equity Act for the 21 st Century (TEA -21) - Washington Department of Transportafjdn 14. Washington State Ecosystems Conservation Program - U.S. Fish and Wildlife Service 15. Wetland Protection, Restoration, and Stewardship Discretionary Funding - Environmental Protection Agency 26 Federal Wav Shoreline Master Program Update — DRAFT Restoration Plan Timelines and Benchmarks In the context of the SMP update, restoration planning is a long-term effort. As stated earlier, the SMP guidelines include the general goal that local master programs "include planning elements that, when implemented, serve to improve the overall condition of habitat and resources within the shoreline area" (WAC 173-26-201(c)). As a long-range policy plan, it is difficult to establish meaningful timelines and measurable benchmarks in the SMP by which to evaluate the effectiveness of restoration planning or actions. Establishing timelines is further complicated by the fact that shoreline restoration is almost entirely dependant on grant funding, which is unpredictable at best. Nonetheless, the legislature has provided an overall timeframe for future amendments to the SMP. In 2003, Substitute Senate Bill 6012 amended the Shoreline Management Act (RCW 90.58.080) to establish an amendment schedule for all jurisdictions in the state. Once Federal Way amends its SMP (on or before December 1, 2009), the City is required to review, and amend if necessary, its SMP once every seven -years (RCW 90.58.080(4)). During this review period, the City should documenf, progress toward achieving shoreline restoration goals. The review could include: j • Re-evaluating adopted restoration goals, objecti • Summarizing both planning efforts (including and on -the -ground actions undertaken in the fat • Revising the SMP restoration objectives. Another mechanism that may serve+to'estab sh tt�ir establishment of a shoreline restolkio' nprogr a: o capital improvement program CrePg)'tdS;2Yi11khr� # a. would be evaluated and updat d C:and would be funded t o ghwitsl urter, Ith� improvements, could" e e1 1 ed t d� to e if. restoration goals.. i l Monitoring a policies; I ion fb`r and securing grant funds) to meef those goals; and in priorities or arks would be ,d' like or integrated with the City's ,tructure CIB, a shoreline restoration CIP ild be focused on site-specific projects projects,such as stormwater facility esign could advance shoreline The SMP guidelines for tsto�atton�pl `anr�.r�' state that local programs should "...appropriately review the effectiveness of the-, rojects a erograms in meeting the overall restoration goals" (WAC 173-26-201(2)'(f)), Ph se 3 o the" restoration framework described previously (based on Palmer et al, 2005) provide; a general roadmap for assessing restoration actions and revising the approach to meeting rcess6or4tio goals. It includes the following objectives: Y P • Ada tivel meeting, restoration projects; � • Monitor poses oration conditions; and • Use monitoring and maintenance results to inform fixture restoration activities. These core objectives have been expanded upon by regional entities focused on restoration such as the WRIA 9 Forum and the Puget Sound Nearshore .Project (PNSP). Strategic principles and 27 Federal Way -Shoreline Master Program Update — DRAFT Restoration Plan concepts intended to guide ecosystem recovery are expressed in guidance publications (PSNP, 2004) and the WRIA 9 Salmon Habitat Plan (WRIA 9, 2006). Relevant principles and concepts are very briefly summarized below: Restoration Principles. Restoration planning should be strategic and restoration design should be based on carefully developed goals and objectives. Follow-through, or monitoring, should be employed, including development of performance criteria and use of adaptive management in project development. • Monitoring Principles. Three types of monitoring are defined: 1) implementation monitoring to track which potential programs and projects are carried out; 2) effectiveness monitoring to determine if habitat objectives of the program or project have been achieved on the ground; and 3) validation monitoring to confirm whether proposed restoration actions are achieving the overall goals and objective,§ for restoration citywide. Monitoring should be driven by specific questions, goals, and jectives and should be used as the basis for determining if restoration goals are bet. et. Monitoring should be long-term and interdisciplinary. Another component ornanttomsng is information management; data should be well documented and av fable to others. • Adaptive Management Principles. Adaptiv enl is a process that uses research and monitoring to allow projects to oce ) esp�i�k�inherent uncertainty and risk regarding its consequences. Adapt*ye m ag e'nt i'best accomplished at a regional or watershed scale, but can be edro'ec a t level to increase knowledge about ecosystems and how they resp nd,�o re�toa¢aat n actii ts. 6.0 Conclusions Several watershed4 forums and other ou framework and pri ., ril Federal Way. The Cf� support WRIA pro ac- the identified restoratl the goals and objeiv focus on pursuing dart the coastal shorelines Less information i state. Restoration program with the i project feasibility. a an derway through the WRIA 9 and 10 e existing programs provide a regional ig and implementation in the City of these efforts and should continue to gate lied level restoration goals. Implementation of at the WRIA level and in the City, would advance reline functions in the City. Initial efforts will likely ortunities, especially for restoration projects within Jer fhe City's lakes, which are also considered shorelines of the ;de al Way's lake shorelines will be included in a citywide restoration being an initial study to evaluate restoration opportunities and assess 28 Federal Way Shoreline Master References Update — DRAFT Restoration Plan Adolfson Associates, Inc. (Adolfson). 2005. City of Federal Way Shoreline Inventory and Characterization. Prepared for the City of Federal Way. Seattle, Washington. City of Federal Way. 2005. 2005-2010 Capital Improvement Plan — Surface Water Management. Federal Way, Washington. Coastal Geologic Services, Inc. 2005. Inventory and Assessment of Current and Historic Beach Feeding Sources / Erosion and Accretion Areas for WRIAs 8 and 9, Appendix D: Restoration Potentials. Prepared for King County Department of Natural Resources and Parks. Bellingham, Washington. Green / Duwamish and Central Puget Sound Watershed Water Resourd Inventory Area 9 Steering Committee (WRIA 9). August 2005. Salmon Habigit lan — Making Our Watershed Fit for a King. Prepared for the WRIA 9 Fore Se6ttle, Washington. Puget Sound Action Team (PSAT). 2005. 2005-2007 Puget�Sound Conservation and Recovery Plan. Olympia, Washington. € Puget Sound Nearshore Project (PNSP). 2002. Ove> iew%f Pug'tet Sound Nearshore Project. Fact sheet available online: www.pu�j,,effouildne l-shore.or; Puget Sound Nearshore Project (PNSP). 2003. Stralegie'rincip'les and Concepts. Fact sheet available online: www.puLexsoundn arsh�re.o`��, � Puget Sound Nearshore Projeot` SPS. 2) 041a. Guidance for Protection and Restoration of the Nearshore EcosystemsofP}cgez�So,azc.'Ichcal Report2064-02 available online: Puget Sound Nears? Praye-t (FI SP�. 0(3a. Gu d hg Restoration Principles. Technical Report 2004-03 avai a Ie 11i e: �v . ttzcts`au� dnearshoi-e.or United States Arm 'orgy's c n9�'ne s ( �S-ACOE): 2000. Section 905(b) Analysis: General Investigation IZectonnacss nice Stuy�Puge Sound Nearshore, Washington. Seattle, Washington. f Washington Department hof Ecology ( cology). 2004. Restoration Planning and the 2003 Shoreline Managemen Guidelines. Ecology Publication No. 04-06-022. Olympia, Washington. [� i r 1 3 / 29 O /e� c V W �N 3 1a :. ..... O z C� Z ;'Z x C Oou LL mr OL CL • ��r ..��U)l lo Lu N ma ra Co CD Q� LL LL V/ f• Y .... ... W moi/ N c° =S AV ONZBI w ' r � PUBURN WV t ENTRA � AV S ay = N 9n EAS VA HW .r V I M - AMH A31l A ISM �' ; . ° Q <its y s o 1=1E'j171b^ Wlu"1i CD W Wi (n W 0 M GIZ PSZ t R�' N M { Lu 1 o ° 7d Uj (=-j P UH 16TH w �� 1Q -.l P��F Y N W .Q 3 S AV V ♦ l TH AV CD U - MS AV 1SIz o RD ~1� 1 E �Y >1 m L O N N CULM^�+ cu ■ O (n O O CU m u- w G co a. 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E c 20- ao .2 CD (0 y of0 y epi o U COUNCIL MEETING DATE: June 19, 2007 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2006 Comprehensive Plan Amendments POLICY QUESTION: Should the City approve the text and map amendments to Chapter One – Introduction, Chapter Two -- Land Use, Chapter Four — Economic Development, Chapter Six – Capital Facilities, and Chapter Seven -- City Center; map changes to Chapter Three – Transportation, Chapter Eight – Potential Annexation Area, Chapter Nine – Natural Environment, and Chapter 10 — Private Utilities; city -initiated amendments to the comprehensive plan map and zoning map related to changing the boundaries of the Business Park (BP)/Commercial Enterprise (CE) and Community Business (BC) comprehensive plan and zoning designations; city -initiated amendment to change the comprehensive plan and zoning designation of Mitchell Place; and citizen -initiated requests for changes to comprehensive plan designations and zoning for seven sites? COMMITTEE: LUTC MEETING DATE: May 21, 2007 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Senior Planner Margaret H. Clark, AICP DEPT: Community Development Federal Way adopted its comprehensive plan in November 1995 and amended the plan in December 1998, September 2000, November 2001, March 2003, July 2004, and June 2005. Pursuant to RCW 36.70A.130, the Growth Management Act (GMA) limits plan updates to no more than once per year, except under certain circumstances. The Planning Commission conducted public hearings on March 14, 2007, March 21, 2007, and April 18, 2007, at the close of which they recommended to the council approval of the following amendments: 1) Amendments to the text and maps of the comprehensive plan (Exhibit A of the draft Adoption Ordinance); 2) Amendments to the comprehensive plan map and zoning map boundaries of the BP/CE and BC zoning districts (Exhibit B of the draft Adoption Ordinance); 3) Approval of the city -initiated change to the comprehensive plan and zoning designation for Mitchell Place (Exhibit C of the draft Adoption Ordinance); 4) Approval of six (Request #1 – Quadrant, Request #2 – Trimble, Request #3 – Gramor, Request #4 –Washington Memorial Park, Request #5 – Taylor, and Request #7 – Waller Road IV Associates) (Exhibit D of the draft Adoption Ordinance)' of the seven citizen -initiated requests for changes to the comprehensive plan and zoning designations. The Lifeway Church (Request #6) request moves forward with no recommendation because a majority vote of the entire membership (four of seven members) is necessary for a recommendation of Planning Commission Approval and only three of the four present members voted to recommend approval. The recommended changes to the text and maps of the comprehensive plan (Exhibit A of the draft Adoption Ordinance) are shown as striket4ough (deletions) and underline (new) text. 1 All seven citizen -initiated requests are included as Exhibit D to the draft Adoption Ordinance. This Exhibit will be modified after the City Council's final action. Attachments: 1) Draft Adoption Ordinance with Exhibits A, B, C, and D; 2) Minutes of March 14, 2007, March 21, 2007, and April 18, 2007, Planning Commission Public Hearings (Please note that due to their bulk, the staff reports for these public hearings are not included in the City Council packet, but are available in the City Council Conference Room). Options Considered: 1) Adopt the Planning Commission recommended amendments as shown in Exhibits A, B, C, and D to the Draft Adoption Ordinance; 2) Adopt the Planning Commission recommended amendments as further amended by the LUTC; 3) Do not adopt the amendments. STAFF RECOMMENDATION: Staff recommends Council approve option #1; adopt the Planning Commission recommended amendments as shown in Exhibits A, B, C, and D to the Draft Adoption Ordinance. CITY MANAGER APPROVAL: DIRECTOR APPROVAL' t minee to Council to Committee To Council COMMITTEE RECOMMENDATION: Forward the Ordinance to full Council on June 19, 2007, for first reading. Jack Dovey, Chair Dean McColgan, Member Linda Kochmar, Member PROPOSED COUNCIL MOTION: "I move approval of the LUTC's recommendation to approve the 2006 Comprehensive Plan Amendments, which are attached as Exhibits A, B, C, and D to the Adoption Ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 K:\Margaret\2006 Comprehensive Plan Amendments\LUTCWgenda Bill.doc Enactment reading ORDINANCE # RESOLUTION # ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING AMENDMENTS TO THE CITY'S GROWTH MANAGEMENT ACT COMPREHENSIVE PLAN, APPROVING THE TEXT AND MAP AMENDMENTS TO CHAPTER ONE — INTRODUCTION, CHAPTER TWO — LAND USE, CHAPTER FOUR — ECONOMIC DEVELOPMENT, CHAPTER SIX — CAPITAL FACILITIES, AND CHAPTER SEVEN — CITY CENTER; APPROVING MAP CHANGES TO CHAPTER THREE — TRANSPORTATION, CHAPTER EIGHT — POTENTIAL ANNEXATION AREA, CHAPTER NINE — NATURAL ENVIRONMENT, AND CHAPTER 10 — PRIVATE UTILITIES; APPROVING A CITY -INITIATED AMENDMENT TO THE COMPREHENSIVE PLAN MAP AND ZONING MAP RELATED TO CHANGING THE BOUNDARIES OF THE BUSINESS PARK (BP)/COMMERCIAL ENTERPRISE (CE) AND COMMUNITY BUSINESS (BC) ZONING DISTRICTS; APPROVING A CITY - INITIATED AMENDMENT TO CHANGE THE COMPREHENSIVE PLAN AND ZONING DESIGNATION OF MITCHELL PLACE; AND APPROVIMG CITIZEN - INITIATED REQUESTS FOR CHANGES IN COMPREHENSIVE PLAN DESIGNATIONS AND ZONING FOR SIX SITES (AMENDING ORDINANCE NO'S. 90-43, 95-248, 96-270, 98-330, 00-372, 01405, 03-442, 04460, 04-461, 04462, 05-490, 05-491, 05-492). WHEREAS, the Growth Management Act of 1990 as amended (Chapter 36.70A RCW or "GMA"), requires the City of Federal Way to adopt a comprehensive plan which includes a land use element (including a land use map), housing element, capital facilities plan element, utilities element, economic development element, and transportation element (including transportation system map[s]); and WHEREAS, the GMA also requires the City of Federal Way to adopt development regulations implementing its comprehensive plan; and WHEREAS, the Federal Way City Council adopted its comprehensive plan with land use map (the "Plan") on November 21, 1995, and adopted development regulations and a zoning map implementing the Plan on July 2, 1996; and subsequently amended the comprehensive plan, land use map, and zoning map on December 23, 1998, September 14, 2000, November 1, 2001, March 27, 2003, July 20, 2004, and June 16, 2005; and WHEREAS, the City may consider Plan and development regulation amendments pursuant to Article IX, Chapter 22 of the Federal Way City Code (FWCC); and ORD # , PAGE I WHEREAS, under RCW 36.70A.130, the Plan and development regulations are subject to continuing review and evaluation, but the Plan may be amended no more than one time per year; and WHEREAS, the Council shall be considering amendments to the text and maps of the comprehensive plan; amendments to the comprehensive plan map and zoning map boundaries of the Business Park (BP)/ Commercial Enterprise (CE) and Community Business (BC) zoning districts; a city -initiated change in the comprehensive plan and zoning designation for Mitchell Place; seven citizen -initiated requests (Request #1— Quadrant, Request #2 — Trimble, Request #3 — Gramor, Request #4 — Washington Memorial Park, Request #5 — Taylor, Request #6 — Lifeway Church, and Request #7 — Waller Road IV Associates) for changes to the comprehensive plan and zoning designations; and WHEREAS, in February 2007, the City's SEPA Responsible Official issued a Determination of Nonsignificance on the 2006 comprehensive plan amendments; and WHEREAS, the City of Federal Way, through its staff, Planning Commission, City Council committees, and full City Council has received, discussed, and considered the testimony, written comments, and material from the public, as follows: 1. The City's Planning Commission held public hearings on March 14, 2007, March 21, 2007, and April 18, 2007, at the close of which they recommended to the council approval of the following amendments: 1) Amendments to the text and maps of the comprehensive plan; 2) Amendments to the comprehensive plan map and zoning map boundaries of the BP/CE and BC zoning districts; 3) Approval of the city -initiated change in the comprehensive plan and zoning designation for Mitchell Place; 4) Approval of six (Request #1— Quadrant, Request #2 — Trimble, Request #3 — Gramor, Request #4 — Washington Memorial Park, Request #5 — Taylor, and Request #7 — Waller Road IV Associates) of the seven citizen -initiated requests for changes to the comprehensive plan and zoning designations; 2. The Land Use/Transportation Committee of the Federal Way City Council considered the comprehensive plan amendments on May 21, 2007, following which it recommended approval of the .Planning Commission's recommendations; and 3. The full City Council considered the matter at its meetings on June 5, 2007, and June 19, 2007; and ORD # , PAGE 2 WHEREAS, the City Council desires to approve the: 1) Amendments to the text and maps of the comprehensive plan; 2) Amendments to the comprehensive plan map and zoning map boundaries of the BP/CE and BC zoning districts; 3) Approval of the city -initiated change in the comprehensive plan and zoning designation for Mitchell Place; 4) Approval of six (Request #I — Quadrant, Request #2 — Trimble, Request #3 — Gramor, Request #4 — Washington Memorial Park, Request #5 — Taylor, and Request #7 — Waller Road IV Associates) of the seven citizen -initiated requests for changes to the comprehensive plan and zoning designations. Now, THEREFORE, the City Council of the City of Federal Way, Washington, does hereby ordain as follows: Section 1. Findings. A. The proposed amendments to the comprehensive plan map and comprehensive plan text, as set forth in Exhibits A, B, C, and D, attached hereto, are consistent with the Council vision for the City of Federal Way, will allow development which is compatible with the surrounding neighborhoods, including adjacent single-family uses, provide convenient goods and services at a pedestrian and neighborhood scale close to adjacent residential uses, and provide for transportation facilities to serve the sites, and therefore bear a substantial relationship to public health, safety, and welfare; are in the best interest of the residents of the City; and are consistent with the requirements of RC W 36.70A, the King County Countywide Planning Policies, and the unamended portion of the Plan. B. The proposed amendments to the comprehensive plan map and comprehensive plan text, as set forth in Exhibits A, B, C, and D, attached hereto, are compatible with adjacent land uses and will not negatively affect open space, streams, lakes, or wetlands, or the physical environment in general. The amendments will allow for growth and development consistent with the Plan's overall vision and with the ORD # , PAGE 3 Plan's land use element household and job projections, and will allow reasonable use of property subject to constraints necessary to protect environmentally sensitive areas. The amendments, therefore, bear a substantial relationship to public health, safety, and welfare; are in the best interest of the residents of the City; and are consistent with the requirements of RCW 36.70A, the King County Countywide Planning Policies, and the unamended portion of the Plan. C. The proposed amendments to the Zoning Map, set forth in Exhibits B, C, and D, attached hereto, are consistent with the applicable provisions of the comprehensive plan and the comprehensive plan land use map proposed to be amended in Section 3 below, bear a substantial relation to public health, safety, and welfare, and are in the best interest of the residents of the City. Section 3 Comprehensive Plan Amendments Adoption. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998, 2000, 2001, 2003, 2004, and 2005, copies of which are on file with the Office of the City Clerk, hereby are and shall be amended as set forth in Exhibits A, B, C, and D, attached hereto. Section 4 Amendment Authority. The adoption of Plan amendments in Section 3 above is pursuant to the authority granted by Chapters 36.70A and 35A.63 RCW, and pursuant to FWCC Section 22-541. Section 5. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 6. Savings Clause. The 1995 City of Federal Way Comprehensive Plan, as thereafter amended in 1998, 2000, 2001, 2003, 2004, and 2005 shall remain in force and effect until the amendments thereto become operative upon the effective date of this ordinance. Section 7. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. ORD # , PAGE 4 Section 8. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of , 2007. CITY OF FEDERAL WAY Mayor, Michael Park ATTEST: City Clerk, Laura Hathaway APPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO: K:\Margaret\2006 Comprehensive Plan Amend men ts\LUTC\Drafi Adoption Ordinance.doc ORD # , PAGE 5 EXHIBIT A FEDERAL WAY COMPREHENSIVE PLAN 2006 Amendments CONSISTING OF: Table of Contents Chapter 1 Introduction Chapter 2 Land Use Chapter 4 Economic Development Chapter 6 Capital Facilities Chapter 7 City Center Maps in Chapter 3 Transportation Chapter 8 Potential Annexation Area Chapter 9 Natural Environment Chapter 10 Private Utilities Table of Contents CITY OF FEDERAL WAY Comprehensive Plan Chapter Page Contents Lists of Tables, Maps, Figures, and Charts C-2 One Introduction I-1 Two Land Use II -1 Three Transportation III -1 Four Economic Development IV -1 Five Housing V-1 Six Capital Facilities VI -1 Seven City Center VII -1 Eight Potential Annexation Areas VIII -1 Nine Natural Environment IX -1 Ten Private Utilities X-1 Glossary of Terms G-1 List of Acronyms G-11 FWCP — Table of Contents List of Tables Chapter Two - Land Use Table II -1 Household Targets by King County Urban Subarea Table II -2 South King County Subarea Household Targets, 2001-2022 Table II -3 Land Use Classifications Chapter Three - Transportation Table III -1 Transportation Plan Chapter Subsection Table III -2 Key Service Providers Table III -3 Characteristics of Functional Classifications of Streets Table III -4 Washington State Access Classification System, Chapter 468.52 WAC (7-14-94) Table III -5 City of Federal Way Access Management Standards Table III -6 Planning and Operational Levels of Service Table I11-7 Major Street and Roadway Improvements Table III -8 Transportation Systems Management (TSM) Strategies Applicable to Federal Way Table III -9 Intelligent Traveler Systems (ITS) Applications in Federal Way Table III -10 Purposes of Walking and Biking Trips Table III -1 1 Non -Motorized User Problems and Solutions Table 111-12 Transportation Improvement Program (TIP) Non -Motorized Improvements Table III -13 Evaluation of Transportation Demand Management (TDM) Strategies Table III -14 Federal Way Mode Split Survey Results Table III -15 METRO Improvement Plan Projects in Federal Way Table III -16 Work Trips and Mode Split Estimates Table III -17 TIP High Occupancy Vehicle (HOV) Improvements Federal Way Table III -18 Transportation. Improvement Plan (TIP) - 1998-2004 Table Ill -19 Capital Improvement Program (CIP) - 2005-2015 Table III -20 Federal Way Comprehensive Plan's Impacts to Highways of Statewide Significance - 2000 to 2020 Table III -21 Impact to City Streets From State's Failure to Provide Adequate Capacity on Highways of Statewide Significance in 2020 Chapter Four -Economic Development Table IV -1 20-00 C-2-eyo,-ed 2006 Employment Estimates Federal Way and King County Table IV -2 2001 Average Sales Prices of Owner -Occupied Homes in King County Table IV -3 Average Multi -Family Rents, cn.i�nQ Fall 2006 Revised 2903 2006 Comprehensive Plan Amendments C_2 FWCP — Table of Contents Table IV -4 Summary of Economic Conditions in Southwest King County Cities Table IV -5 Economic Development Areas and Actions Table IV -6 Development Zones: Description Table IV -7 Development Zones and Land Use Chapter Five - Housing Table V-1 2000 H.U.D. Income Levels by Household Size Table V-2 Affordable Housing for Various Income Segments Chapter Six - Capital Facilities Table VI -1 City of Federal Way Facilities Plan 1998 +„ ten, Surface Water Management Component Table VI -2 Summary of Existing Parks and Recreation Areas Table VI -3 Parks Six -Year Capital Improvements Plan, 2002-2097 2007-2012 Table VI -4 Summary of Existing Community Facilities Table VI -5 Projected Community Facility Needs, 2007-2013 Table VI -6 Summary of Existing .Facilities Capacities Table VI -7 Federal Way School District Student Forecast Table VI -8 Federal Way Public Schools DiS$FiG 2007 Capital Facilities Plan Six -Year Finance Plan Dept Chapter Seven - City Center Table VII -1 Gross Floor Area of Land Uses, City Center, Jeal -2082 February 2007 Chapter Eight - Potential Annexation Areas Table V111-1 Year 2000, 2002, 2003, and 2020 Population and Housing Table VIII -2 Existing Land Use by Parcels Table VIII -3 PAA Housing Sales and Affordability Table VIII -4 PAA Park Facilities Owned by King County Table VIII -5 PAA and City Parks Levels of Service Table VIII -6 Federal Way Potential Annexation Area Capital Costs for Parks and Recreation Revised 2803 2006 Comprehensive Plan Amendments C-3 FWCP — Table of Contents Table VIII -7 In -Road Surface Water Facilities Table VIII -8 Regional Stormwater Facilities Table VIII -9 Residential and Commercial Drainage Facilities Table VIII -10 Road Maintenance Problems in PAA King County Maintenance Division 3 Table VIII -11 Road Maintenance Problems Near PAA King County Maintenance Division 3' Table VIII -12 Federal Way Potential Annexation Area Capital Costs for Surface Water Capital Improvements Table VIII -13 Street Inventory Within PAA Table VIII -14 Future LOS and Recommended Improvements Table VIII -15 Federal Way Potential Annexation Area Capital Costs for Roadway Improvements Table VIII -16 Operating Revenues Generated by PAA (2003) Table VIII -17 Operating Costs by Department by Potential Annexation Area (2003) Table VIII -18 Annual Net Operating Revenues (or Operating Cost) of Annexation, by PAA (2003) Table VIII -19 Federal Way Potential Annexation Area Capital Revenue to 2020 Table VIII -20 Federal Way Potential Annexation Area Estimated Future Capital Costs Table VIII -21 Federal Way Potential Annexation Area Estimated Net Capital Revenues Revised 2803 2006 Comprehensive Plan Amendments C4 FWCP — Table of Contents List of Maps Chapter Two - Land Use Map II -1 Proposed Comprehensive Plan Designations Map II -2 Generalized Existing Land Use Chapter Three - Transportation Map III -1 Travel Patterns from Residential Areas in the Federal Way Planning Area Map III -2 Existing Significant Streets and Highways Map III -3 Existing and Planned Traffic Signals Map III -4 2000 Traffic Volumes Map 111-5 Functional Classification of Existing and Planned Streets and Highways Maplll-6 Planned Street Sections Map III -7 State Access Management Classifications Map III -8 City Access Management Classifications Map III -9 2002 Congested Streets and Highways Map 111-10 2008 Congestion with Existing Streets and Highways Map III -11 2008 Congestion with Proposed Streets and Highway Improvements Map III -12 2020 Congestion with 2008 Streets and Highway Improvements Map III -13 2020 Congestion with 2020 Improvements Map III -14 High Collision Rate Intersections (1997- 1999) Map III -15 High Collision Rate Corridors (1997 - 1999) Map III -16 High Collision Severity Intersections (1997 - 1999) Map III -17 High Collision Severity Corridors Map III -18 Sidewalks Inventory on Major Streets (2002) Map II1-19 Bicycle Facilities Plan Map III -20 All Day Transit Service, Map I11-21 Peak Hour Transit Service, E4 G':. ojune 2902 Map III -22 Proposed Transit Routes Map III -23 Helicopter Landing Areas Map III -24 Recommended Heliport Siting Areas Map III -25 Through Truck Route Plan Map III -26 2003-2008 Transportation Improvement Plan Map 111-27A 2009-2020 Capital Improvement Plan Map III -27B 2003-2020 Regional Capital Improvement Plan Chapter Four - Economic Development Map IV -1 Southwest King Eek and North Pierce County Sub -Region Revised 2893 2006 Comprehensive Plan Amendments C-5 FWCP — Table of Contents Chapter Six - Capital Facilities Map VI -1 Federal Way Drainage Basins Map Vi -2 Surface Water Trunk Systems Map VI -3 Parks Plan Planning Areas Map VI -4 Major Parks and Open Space Map VI -4A Potential Location of City Center Public Open Space Map VI -5 City Facilities Map VI -6 Federal Way School District #210 Map VI -7 Lakehaven Water Service Area Map VI -8 Highline Water Service Area Map VI -9 Lakehaven Sewer Service Area Map VI -10 MGp V! 12 Map. V! 13- South King Fire and Rescue 200 1 /20-0-22 �OiGstewG_teF QP LGGGtieR MGP Chapter Seven - City Center Map VII -1 City Center Vicinity Map Map VII -2 9eu ies e# City Center AFee Boundary Map Map VII -2A Boundaries of Planned Action SE—PA Map VII -3 The Concept Plan Map VII -4 City Center Land Use Designations Map VII -5 €wed Proposed Street Network Map VII -6 Principal Pedestrian and Bicycle Connections Map VII -7 Potential Transit Alignments and Stops Map V1178 Potential Location of City Center Public QPe-R Spaces and Bicycle Routes Map VII -9 Phasing Concept, 1995-2095 2010 Chapter Eight - Potential Annexation Areas Map VIII -1 Federal Way PAA Map VIII -2 Community Level Subarea Boundaries Map VIII -3 Sensitive Areas Map V1.11-4 Geologic Hazards Map VIII -5 Parks and Cultural Resources Map VIII -6 Pre -Annexation Comprehensive Plan Designations Map VIII -7 Pre -Annexation Zoning Map Map VIII -8 Surface Water Facilities Map VIII -9 Arterials & Local Streets Revised 2A03 2006 Comprehensive Plan Amendments C-6 FWCP — Table of Contents Map VIII -10 Existing Roadway Level of Service Map VIII -11 Year 2020 Roadway Level of Service Map Vlll-12 20 Year Proposed Intersection improvements Map VIII -13 Fire Department Facilities Map VIII -14 Public School Facilities Chapter Nine - Natural Environment Map IX -1 Aquifers Map IX -1 A Aquifers and wells Wellhead Capture Zones Map IX -2 Areas Susceptible to Groundwater Contamination Map IX -3 Wellhead Capture Zones Surface Water Resources Map IX -4 Map IX -5 Geologic Hazards Map IX -6 SUFf GG8 WG Priority Habitats and Species MG GFG15- Chapter Ten - Public Utilities Map X-1 Council Approved PAA Boundary Map X-2 Existing and Proposed Improvements to the Sub -Transmission System, Puget Sound Energy - G, s Electricity Map X-3 Gas Supply Mains, Puget Sound Energy - Gas Map X-4 Proposed Improvements, Puget SoundEnergy- Gas Cable Television Map X-5 Cable Service by i Bd Comcast, C-7 Revised 2883 2006 Comprehensive Plan Amendments FWCP — Table of Contents List of Figures Chapter Two - Land Use Figure II -1 Percent Gross Land Area by Existing Land Use, September 2891- 2006 Figure II -2 The Concept Plan Diagram Figure II -3 Population Projection, King County Chapter Three - Transportation Figure III -1 Historical Transportation Infrastructure Figure III -2 Current Multimodal Transportation Systems Figure III -3 Roadway Cross Section A and B Roadway Cross Section C and D Roadway Cross Section E and F Roadway Cross Section G and H Roadway Cross Section I and J Roadway Cross Section K and L Roadway Cross Section M and N Roadway Cross Section O and P Roadway Cross Section Q and R Roadway Cross Section S and T Roadway Cross Section U and V Roadway Cross Section W and X Roadway Cross Section Y and Z Figure III -4 Special Cross Sections Figure III -5 Land Use Intensity vs. Transit Demand Chapter Five - Housing Figure V-1 Federal Way Age Distribution by Population in 2000 Figure V-2 Federal Way's Housing Stock Chapter Seven - City Center Figure VII -1 Aerial View of City Center Figure VII -2 Potential Core Area Development Figure VII -3 Potential Frame Area Development Revised 2903 2006 Comprehensive Plan Amendments C-8 FWCP —Table of Contents Figure VII -4 Potential Redevelopment of Surface Parking Areas Figure VII -5 Illustration of City Center, 1995 Conditions Figure VII -6 Illustration of City Center Evolution, 2025 Chapter Eight - Potential Annexation Areas Figure VIII -1 Potential Annexation Area 2002 Existing Land Use Distribution Chapter Ten - Private Utilities Figure X-1 Electricity Supply from Source to Customer Figure X-2 Typical Puget Sound Energy Distribution System Figure X-3 Cable Source to Customer Revised M 2006 Comprehensive Plan Amendments CHAPTER ONE - INTRODUCTION 1.0 INTRODUCTION The Federal Way Comprehensive Plan (FWCP) lays out a vision for the future of Federal Way during a 20 -year period and responds to the requirements of the Growth Management Act (GMA) of 1990 and subsequent amendments. The FWCP also carries out Vision 2020, the Puget Sound region's multiple urban growth centers concept, and King County's Countywide Planning Policies (CWPPs), which call for multiple urban centers and a strong urban growth boundary. This chapter gives an overview of the comprehensive planning effort, profiles Federal Way's past and present, and concludes with a discussion of Federal Way's vision for its future. This plan contains a glossary of terms at the end of the document to help the reader with terms that may not be clear or understandable. 1.1 THE COMPREHENSIVE PLANNING EFFORT Why Plan? Federal Way plans for people. People need a safe and secure place to live, an economy that provides jobs, a transportation system that allows them to get around, and schools, colleges, and recreational opportunities. It is the city government's responsibility to provide public services and facilities, develop policies, and adopt regulations to guide the growth of a city that meets the needs of its people. From incorporation to the present, the guide for Federal Way's growth and development has been the Comprehensive Plan. What Is a Comprehensive Plan? The role of the FWCP is to state clearly our community's vision for its future, and to articulate a plan for accomplishing this vision over a 20 -year period. The FWCP seeks to answer a number of questions: • What areas are most suitable for development or redevelopment? • What areas should be preserved in their natural state? • Where should growth occur? • How can we manage that growth to realize our vision for the community? • How should we address traffic congestion? • How many parks do we need, of what size, kind, and where? FWCP — Chapter One, Introduction • What steps should we take to encourage economic development? • How can we encourage preservation of our historic resources? • How can we ensure an adequate supply of affordable housing for all income levels? • What utilities and public services will we need? • How will the community pay for all of these things? Each of the FWCP's chapters addresses these questions, and more, in the areas of transportation, land use, economic development, capital facilities, utilities, and housing. The answers form the policies, which guide implementation of our community vision. The policy statements within each chapter are used to guide new or revised zoning and other regulations. The FWCP also sets a clear frame -work for where the community will need to spend money on capital facilities, how much, and identifies available funding sources. As a whole, the FWCP offers a flexible framework for Federal Way's future, allowing for adaptation to real conditions over time. Why Revise Our Plan? Between 1990, when the interim comprehensive plan was first adopted by the City of Federal Way, and 2992 2006, the City has grown from 19.9 square miles and 67,554 people, to 244 22.49 square miles and 83,859 86,530 people. This rapid growth and change in the character of the City has naturally provided impetus to revise and update the comprehensive plan. The FWCP, and the code amendments which follow it, reflect the unique characteristics of our community and public input on Federal Way's vision for its future. Requirements of the Growth Management Act The GMA (RCW 36.70A. 140) was passed by the Washington State Legislature in 1990, with amendments added in 1991 and subsequent years. The legislature passed the GMA in recognition of the rate of growth that was occurring throughout the state, particularly on the west side of the Cascades. The legislature was responding not only to the rate of growth, but also to the type and location of growth. Two-thirds of the state's population and household growth in the 1980s took place in unincorporated areas, and produced sprawling subdivisions, commercial strips, and urbanization of land, which only ten years before, was rural. This rapid growth pattern resulted in increased traffic congestion and inadequate public services, and has threatened forestland, agricultural land, and environmentally sensitive areas such as wetlands. These impacts have been felt in Federal Way, just as they have been felt in other parts of the state. The GMA requires that each jurisdiction produce a comprehensive plan that contains, at a minimum, elements pertaining to land use, transportation, capital facilities, housing, and private utilities. These elements must be consistent with one another. Jurisdictions also are required to adopt policies and regulations protecting resource lands and critical areas, such as agricultural land, wetlands, and hillsides. Each jurisdiction must coordinate its plan with the plans of surrounding jurisdictions. Revised 2892 2007 2006 Comprehensive Plan Amendments 1-2 FWCP —Chapter One, Introduction The GMA also requires that each city designate an urban growth boundary (UGA) or potential annexation area (PAA) as they are called in King County. The PAA defines the area within which the city anticipates it could provide the full range of urban services at some time in the future. It also represents the area within which the city will consider annexations and the boundary beyond which it will not annex. Perhaps what most distinguishes the GMA from previous planning statutes is the requirement that public services be available or funded at some designated level of service before development may occur. If a jurisdiction cannot provide services to an area, then it may not permit development in that area. The 1991 amendments to the GMA require all counties planning under the act to adopt Countywide Planning Policies (CWPPs). The jurisdictions in King County formed a group called the Growth Management Planning Council (GMPC) composed of elected officials from the King County Council, City of Seattle, and suburban cities. The mission of the GMPC was to draft the CWPPs for King County. These policies were adopted in 1992 and are binding on the jurisdictions in the County. In 1994, major amendments to the CWPPs were proposed by the GMPC. These amendments were subsequently adopted by King County and are binding on all jurisdictions in the County, although it should be noted that Federal Way voted not to ratify. Since 1994, the CWPPs have been updated as needed. After approval and ratification by the King County Council, amendments are forwarded to the cities for ratification. Amendments to the CWPPs only become effective when ratified by at least 30 percent of the city and county governments, representing 70 percent of the population of King County. The FWCP has been prepared according to the provisions of the GMA and the CWPPs. However, Federal Way's plan also contains many components that are not referenced in the GMA; these additional components are included in the plan due to their importance to the Federal Way community. Although Federal Way's goals and policies for growth and the provision of services are guided by GMA requirements, and are based in part upon state and regional goals, they primarily reflect the vision and goals of our own citizens. How Was the Plan Developed? The ideas in the FWCP were developed through discussion, debate, and the creative thinking of thousands of Federal Way citizens, working with City staff and elected officials. Consistent with the GMA, the City of Federal Way provided early and continuous opportunities for citizens to participate in CityShape. CityShape was the name given to the City's comprehensive planning project. CityShape was the process used to develop the FWCP. CityShape, the process, started in the Fall of 1992 with a series of open houses and field trips. The first open house was held on September 16', and featured displays from all City departments and the various special service districts. The event had two objectives. The first was to explain to citizens how urban services are delivered, how much those services cost, and how citizens could be involved in the development of the City's new Revised 2002 2007, 2006 Comprehensive Plan Amendments 1-3 FWCP — Chapter One, Introduction comprehensive plan. The second objective was to have people describe their likes and dislikes about the City as it existed in 1992 and share their thoughts about what the City ought to look like in 20 years. The second major CityShape event occurred on October 26, 1992. The event was a field trip to Burnaby and Vancouver, British Columbia, to look at one possible future for Federal Way. The Vancouver area has a light rail system called Sky Train and Burnaby has a high density suburban shopping mall 20 miles southeast of downtown Vancouver. The City took 70 members of its various Boards and Commissions to look at how light rail works; how land use is influenced by rail and vice versa; what a redeveloped, mixed use, high intensity shopping mall looks like; and how attractive higher density residential neighborhoods can look, given specific development guidelines. On November 19, 1992, the City conducted a second open house. This time the objective was to review and evaluate three land use plan alternatives. The first alternative was a slow growth concept with a land use pattern that was fairly similar to what currently exists in the City. The second was a moderate growth concept that focused the majority of new growth in a redeveloped, higher density, mixed use downtown. The third alternative was a higher growth scenario that included the downtown concept of alternative two, but also envisioned an expanded office parkibusiness park concept in the vicinity of West Campus and the 348' Street corridor. Those present seemed to favor a hybrid with characteristics of alternatives two and three. Economic development and growth was the topic of the third open house held January 21, 1993. The CityShape staff team presented three economic development alternatives with low, medium, and higher growth concepts. Participants expressed support for a medium to high growth scenario that diversified the economic base in Federal Way and gave the community about as many jobs as there are projected households in the year 2012. The next open house was held on March 10, 1993, and focused on the vision for a City Center. Attendees completed two exercises. The first was to evaluate three alternative orientations for a downtown: east/west along 320' Street, north/sout! in the vicinity of 20' Avenue, and along a diagonal from Steel Lake Park to 320'hand Highway 99. The second exercise was to use building blocks to accommodate projected growth in the downtown. The higher the density, the smaller the area for downtown. The lower the density, the more spread out the downtown. Participants concluded that a higher density, pedestrian -friendly downtown oriented north/south from the center of SeaTac Mall made good sense and accommodated a high capacity transit system. On June 2, 1993, the City staff provided interested citizens with a short course in . transportation planning. The presentation identified the congested street corridors as they were in 1992 and projected how and where congestion would increase by 2012, given the impacts of growth. Staff also presented five different arterial improvement alternatives which would either maintain or reduce congestion by 2012, together with some estimate of the effectiveness of particular arterial improvements for resolving transportation problems in the community. The participants concluded that the maximum construction option called "super widening" was not appropriate or even feasible. They did, however, favor a Revised 2092 2007 2006 Comprehensive Plan Amendments 14 FWCP — Chapter One, Introduction more modest list of arterial improvements, including a "diagonal parkway" along the BPA power line, which generally maintained the 1992 level of service. The last two public forums dealt with capital facilities planning. The first of these was held June 22, 1993. At this session, staff gave participants level of service options for streets and parks, provided cost estimates associated with each level of service, and asked participants working in groups to agree on the level of service they wanted for streets and parks based on their willingness to pay for service. With a high level of consensus, participants were willing to pay for a parks level of service of 10.5 acres per thousand population. Given the cost for streets, the desired level of service was to lower the standard about 60 percent from the 1993 level. The second capital facilities public forum was held December 9, 1993, and focused on how to pay for services. At this forum, each work group was given a work sheet that described total capital costs for parks and streets, and data describing the revenue sources available to cities and how much revenue each source could potentially generate. The objective was to develop a financing package, including recommended taxing levels, which would pay for the desired street and park system. There was a lot of disagreement, but voter -approved bond issues, impact fees, and to a lesser extent, utility taxes received some support as the preferred revenue sources. On the other hand, there was near total agreement that there should be no business and occupation tax in Federal Way. In November 1993, the City published a draft environmental impact statement that evaluated the various growth, land use, City Center, transportation, and capital facilities options. In addition, the staff -consulting team began writing the various chapters of the FWCP, consistent with the direction that emerged from the field trips, open houses, and public meetings. Early in 1994, the City's Planning Commission began holding work sessions, to which the public was invited, to review each of the chapters as they were written and provide comments and feedback as appropriate. The Commission started with the Private Utilities chapter on March 2, followed by Housing (3-9-94), Potential Annexation (3-16-94), Natural Environment (4-13-94), Economic Development (4-27-94), Land Use and City Center (6-1-94), Capital Facilities (8-3-94), and ended with the Transportation Chapter on September 7, 1994. In the Fall of 1994, staff was ready to begin assimilating the individual chapters to create an integrated comprehensive plan. As part of that process, staff concluded it was again time to touch base with the City Council to ensure the FWCP was on target with their expectations. To facilitate the discussion, staff prepared a two-page vision statement that summarized the FWCP. The City Council reviewed the vision statement at a retreat on February 24, and 25, 1995, and indicated it was on target. The vision statement was subsequently expanded to a 20 page executive summary of the FWCP, including general policy direction. On April 18, 1995, the City Council conducted a public hearing on the expanded vision statement and, based in part on the testimony, proposed some amendments to it. On May 2, 1995, the City Council formally reviewed the expanded vision statement and directed staff to complete the FWCP as soon as possible. Revised 2092 2007, 2006 Comprehensive Plan Amendments 1-5 FWCP — Chapter One, Introduction To this point, the narrative has focused on the formal public participation process. Concurrently, there were a series of meetings to which staff was invited to talk about the future of Federal Way, vision, land use planning in general, and the comprehensive plan more specifically. There were hundreds of these meetings over the course of two years. They included slide shows, small discussion groups, meetings with neighborhood associations, the Chamber of Commerce's monthly luncheon and its subcommittees, real estate brokers, property owners, elementary and high school classrooms, displays at the mall, civic organizations, and many others. The result was broad based interest and participation in the development of the City's new comprehensive plan. At the time the FWCP was released, the mailing list contained over 700 names, all of which were notified that the Hearing Draft Comprehensive Plan was available for public review and comment. The Hearing Draft of the FWCP was completed and released for public review on July 5, 1995. Subsequently, the FWCP was adopted on November 21, 1995, by the City Council per Ordinance 95-248. Thereafter, amendments to the FWCP were adopted per Ordinances 98-330 on December 15, 1998, 00-372 on September 14, 2000, and 01-405 on November 15, 2001 03-442 on March 27 2003 04460 on July 20, 2004, and 05490, 05-491 and 05-492 on June 16, 2005. Organization of The Plan While we cannot predict the future, we can attempt to shape the type of community in which we live, work, and play. The FWCP functions as the City's statement of how it will meet the challenges posed by growth in the 21St century. The heart of the FWCP is the nine individual elements that outline goals and policies. These elements constituie the chapters of the plan. The FWCP includes five seven elemepAs chapters that are mandated by the GMA: land use, transportation, capital facilities, housing, and private utilities economic development, and parks and recreation, which is a stand-alone planrather than a chapter within the FWCP. It also includes few three eluents chapters which the GMA does not mandate, but that are very appropriate. The first v - a a��1oP=nen r that ,, et nly Y -e nded by fbo i.t-arrcv�xvrrri r eun• The seeend is an annexation elemen chapter as has been discussed earlier. in this chapter. The 44A second is a chapter that describes the City's commitment to the preservation of the natural environment and the policy direction to make it happen. Finally, the FWCP includes a subarea plan for the City Center that reflects the City's vision for the future and helps to implement the regional vision for a hierarchy of urban centers in the Puget Sound. Each of theseelement chapters has been coordinated with the others, resulting in a plan that is internally consistent. Each of the goals in the FWCP, while expressing a specific policy direction, also functions as part of a coordinated expression of the City's vision for the future. Plan implementation is the next step and is discussed in the final section of this chapter. Revised 2002 2007 2006 Comprehensive Plan Amendments 1-6 FWCP — Chapter One. Introduction 1.2 FEDERAL WAY'S COMMUNITY PROFILE: PAST AND PRESENT Planning for the future requires a good understanding of how our convnunity has grown and changed in the past. The following discussion provides that backdrop as a context for subsequent chapters. The earliest recorded accounts of the Federal Way area tell of Native American families who resided in the area of the Muckleshoot Reservation on the east side of the Green River Valley and traveled west to the shores of Puget Sound for the plentiful fisheries resources. Generations of Muckleshoot Indians wore a westward trail across the heavily forested plateau to the area which is now Saltwater State Park. The arrival of the white man in the nineteenth century resulted in a steady decline in the Indian population and by 1890, nearly the entire population had disappeared from the area. Isolated on a triangular shaped plateau rising steeply from Puget Sound, the Federal Way area had little waterfront access or roadways and accordingly, was sparingly developed compared to Tacoma and Seattle. As late as the turn of the century, the original settlers at Dash Point and Dumas Bay had to row to Tacoma for supplies and mail. Old Military Road, constructed around 1856 and extending north from Fort Steilacoom, past Star Lake to Seattle and Fort Lawton, was the first road through the area. Over time, narrow dirt roads were added to provide east/west access and by 1900, a road was constructed between Star Lake and Redondo. The second crossroad, the "Seattle Road," connected old Military Road and Kent. The Seattle -Tacoma Interurban Line, completed in 1901, provided a fast and easy way to reach these urban cities. Improved access brought many visitors to the area and Star Lake became a popular summer recreation site. By the 1920s, Federal Highway 99, the interstate that linked the western states from north to south, was complete. At this time, Federal Way was still primarily forest and farmland. Fred Hoyt had a cabin on Dumas Bay and started a road to Tacoma (still called Hoyt Road). The timber companies, which had a major logging operation going, built an early railroad line and were instrumental in getting Marine View Highway (now Dash Point Road) built in the early 1920s. This roadway spurred development along the coastline. Soon thereafter, Peasley Canyon Road was built to connect Military Road with the Auburn Valley. This road later became known as South 320" Street. In these early days, roadways set the stage for development in the area and they still play an important role in the City today. By the start of World War II, a number of small, thriving communities made up the area that is now Federal Way. Some communities were clustered around lakes, such as Steel Lake, Star Lake, and Lake Geneva. Others were sited to take advantage of the view of Puget Sound, like Adelaide and Buenna. As each of these communities grew, residents built small schoolhouses for their children. By the late 1940s, King County consolidated Revised 2002 2007.2006 Comprehensive Plan Amendments 1-7 FWCP —Chapter One, Introduction the many individual red schoolhouses into the Federal Way School District, from which the City gets its name. During this same period, a library was built along the edge of Highway 99, and between 308" Street and 320' Street, a small "downtown" developed with a general store, lumber yard, realty office, beauty parlor, feed store, and gas station. By the end of the 1950s, the ten blocks between 308'hand 320`h Streets became the first roadside commercial district. One of the more unique developments was Santa Faire, a family oriented theme park. New shopping areas were added around the park, helping to create a "community focus" for the residents of the area. As this commercial area developed, the rest of Federal Way was changing as well. The Boeing Company expanded their operations in Renton and the Kent Valley and began advertising nationally for engineers. Those engineers in turn began roaming the wooded acreage in Federal Way in search of housing. One of the earliest residential developments was Marine Hills, built in 1958 overlooking Puget Sound. Weyerhaeuser, one of the early timber companies, had large land holdings in the area and began to develop their land into high quality housing with amenities like golf courses. Weyerhaeuser's development company also began developing commercial property, creating the West Campus business park. The plan was to integrate offices and businesses with lush landscaping. Though initially the corporate office market was not strong, West Campus has grown almost to capacity, providing space for many civic buildings such as City Hall, the police station, the area's major health care centers, and higher density housing. Another major landmark in the area is SeaTae Mall the Commons, built in the mid-1970s on what was farmland south of 320'b Street. The M-04 Commons is one of the largest malls in South King County and is the anchor for retail development in the area. The Mmall was a result of population growth in the region and its location was determined by the 320' Street intersection with Interstate 5. The Interstate supplanted Highway 99 as the main artery for commuter traffic in the County. By the mid 1980s, South King County was growing quickly. Retail growth occurred along Highway 99, especially at the 320t° Street intersection. Roads and office space were developed to accommodate the increased growth. Residential growth was also prominent, following plans developed by King County, with a large number of apartment homes. The changes to the community, with increased housing and traffic, created a movement for greater self-determination. In 1989, the citizens of this area voted for incorporation and the City of Federal Way was born, incorporating on February 28, 1990. Federal Way's Future Vision Federal Way's challenge for the future is to protect what the community believes is most important, while meeting the state's growth management goals. The following paragraphs describe what Federal Way will look like in the year 2022, and beyond, if it balances these growth management mandates with the needs and desires of Federal Way citizens. Revised 2092 2007 2006 Comprehensive Plan Amendments 1-8 FWCP — Chapter One, Introduction Federal Way is a great place to live, work, and play because of its: Government For and By the People: All governmental entities reflect the can -do attitude of Federal Way citizens and partner with them to provide quality services, often through volunteerism. Governmental entities reflect the community's values of diversity, innovation, and participation. Together, the community and its neighborhoods have built a sense of identity and ownership for Federal Way and its future. Fiscally conservative, innovative financial and management (contracting model) strategies, along with economic growth, have allowed the community to enjoy a moderate tax rate, with bond issues approved to support major projects. The community vision has maintained a focus and continuity for staff and fiscal resources on the defined vision. Responsible Growth: The community realized that some level of growth in all segments of the community (economic, population, housing, etc.) was inevitable, and chose to channel that growth into very specific development goals. The overall character of the community has remained much as it was 20 years ago. Infrastructure has been developed concurrently with growth, preserving the community's quality of life. Development goals have fostered the preservation of a primarily residential community and open natural areas, with concentrated urban development in the City's Center. An increase in the number of corporate headquarters, annexation of the Potential Annexation Areas (PAA), and build out of available single-family sites, at competitive prices, has accommodated Federal Way's population target. Some new multiple -family development is concentrated in the City Center/99 corridor area, primarily through downtown condominiums. This pedestrian friendly, multi -use City Center, with multi -story and underground parking facilities works well for many. Federal Way citizens enjoy the pedestrian plazas of the City Center. Statewide planning goal #6 states, "Private property shall not be taken for public use without just compensation having been made. The property rights of landowners shall be protected from arbitrary and discriminatory actions." The City supports preservation of private property rights; however, property rights must be balanced with the health, safety, and general welfare of the community. Economic vitality: Strategically located in the Pacific Rim, between SeaTac Airport and the Port of Tacoma, Federal Way provides jobs as an international and regional retail and employment center. Federal Way is also home to several corporate headquarters located in East and West Campus. Companies choose Federal Way for its sense of neighborhood identity, mix of housing stock, proximity to natural resources (mountains, oceans, and waterways), and safety. The growth in the corporate headquarters segment of the economy has netted economic spinoffs for Federal Way's small business community, as small business provides support services for the corporate park companies. Growth in the small business economy has generated some redevelopment of previously large retail warehouse facilities to accommodate office, retail, and light manufacturing. Quality jobs have boosted disposable income, supporting expansion of Federal Way's retail and commercial sectors. The resulting enhancements to the community's tax base have helped to support a high quality of community life. ewe Zuur. Zuuo comprehensive Plan Amendments 1.9 FWCP —Chapter One, Introduction Efficient Traffic System: Federal Way's transportation system links neighborhoods with the City Center, and Federal Way with other communities in the Puget Sound region. Concentrated economic growth in East and West Campus and the City Center has allowed mass transit to connect Federal Way's economic core with the economic and leisure hubs of Puget Sound communities. Concentrated growth has allowed the community to maintain the infrastructure in outlying areas, focusing new infrastructure in the City's Center. Youth have found the transportation system easy and safe to use in getting to school. Safety, Infrastructure, and Utilities: This issue has been addressed at the neighborhood level, where community-based policing philosophies and citizen efforts to create a sense of neighborhood with real and perceived safety are most effective. A professional and compassionate law enforcement force communicates clearly with the community's diverse populations and business community, providing a visible community presence, as well as acceptable emergency call response times. Improvements in safety have been a cornerstone for the community's economic and residential growth. The utility and fire districts share this community vision and have targeted their efforts and resources to continue to provide effective and efficient delivery of water, sewer, telephone, television, power, and fire services. Increased coordination between these districts and the City, and these districts and their regional counter -parts, has ensured adequate service expansion to make the community's development vision a reality. Caring for Our Own: Governmental and social service agencies work in concert to provide a caring and safe environment for all Federal Way citizens. Ever -improving educational institutions, public and private, serve all interests and ages throughout the community. Neighborhoods have joined with the schools in their area to improve student achievement, school facilities, and resources. Strong educational institutions and the leadership of the Federal Way School District, Highline Community College, and DeVry University have contributed to the community's economic growth, providing a trained work force and quality education for the families of employees who locate here. The City has been the catalyst for creating a one-stop shopping center for human services, With programs at all levels of government requiring greater participation from clients in improving their individual situations. Quality Culture, Environment, and Play: Parks, trails, sports, and cultural arts facilities cater to the active lifestyle of Federal Way citizens. By partnering with the Federal Way School District and other agencies, the community has developed a long-range plan for facilities, parks, and services, which is yielding more and better facilities, and joint facility utilization than any one agency could provide alone. A performing and cultural arts center has been built, although it will require operating subsidies for its first eight years. The Federal Way area is blessed with a bounty of natural beauty and scenery. This bounty includes dramatic vistas of Mt. Rainier; numerous lakes, streams, and wetlands; the pastoral setting in the Spring Valley area; and views of Puget Sound and Vashon Island from the saltwater ridge. The City is committed to preserving this vast natural resource for the citizens and future citizens of Federal Way. Revised 2892 2007 2006 Comprehensive Plan Amendments 1-10 FWCP —Chapter One, Introduction Regional Player: Finally, Federal Way institutions and citizens are regional partners and participants in the economic, political, and cultural life of Puget Sound. This participation has yielded funding opportunities for community facilities, including housing and human services. Other regional efforts have safeguarded the community against outside impacts that detract from our community's quality of Fife. Regional participation has crossed the seas with sister city relationships which are supported by Federal Way citizens. These relationships have had significant cultural, educational, and economic benefits for the community. This vision will not be easily achieved. It will require difficult choices. In order to grow gracefully, and remain a healthy and desirable community, tomorrow's higher density growth areas must be accompanied by improved amenities for urban life. More resources will be required to maintain the high quality of life we currently enjoy, thanks to our parks, streets, and other public services. A combined effort of the public sector, neighborhood groups, businesses, schools, and individual citizens will be required. The early and continuing cooperation and collaboration of these groups in this process will ensure this vision will be realized. Getting to the Future from the Present The FWCP is intended to manage growth and change in Federal Way over the next 20 years. The future described in the FWCP cannot be achieved all at once. Over the life of the FWCP, growth will likely occur more slowly at times, more rapidly at others, and in somewhat different patterns and sequences than is currently foreseen. The best a comprehensive plan can be is a well-educated guess about how to accommodate people and conditions that cannot be known in advance. An effective comprehensive plan must be flexible enough to succeed within a range of likely conditions and must be adjusted as those conditions are monitored and evaluated, while maintaining a steady aim at its ultimate goals. How Will The Plan Be Implemented? Adopting a comprehensive plan is the first step toward realizing the City's vision. The vision is achieved when the comprehensive plan is implemented. Federal Way's implementation program is comprised of a combination of short-term and long-term actions. Short-term actions include the approval of rezones that match the FWCP's land use designations. Other actions include the annual update of the City's six year Capital Improvement Program, which describes the street, park, and surface water utility projects the City intends to build. There are also long-term actions including subarea planning, monitoring, evaluating, and amending the FWCP as conditions change; and developing a capital investment program that allocates resources to projects that will spur the City's development in the direction envisioned in the FWCP. Revised 2092 2007, 2006 Comprehensive Plan Amendments 1-11 FWCP — Chapter One, Introduction Subarea Plans: Subarea plans will follow the adoption of the FWCP and will produce amendments that tailor the FWCP's citywide perspective to individual areas, whether they are neighborhood retail nodes or light manufacturing areas. The FWCP contains a subarea plan for the City Center. Subarea plans are expected to continue to aid in adjusting and fine-tuning the FWCP over time. Coordination with Other Jurisdictions: Federal Way representatives have participated with King County, other cities, and the Puget Sound Regional Council in numerous discussions. Some issues have been addressed and others have been identified for additional discussion. Undoubtedly, continued regional planning forums will need to be created to meet the GMA's challenge for regional action toward creating, implementing, and funding a shared vision for the greater Puget Sound region. Regulatory Provisions: Implementing the FWCP will include retaining, modifying, and/or replacing existing regulations, and/or drafting new regulations consistent with the policies and goals of the FWCP. For instance, in 2002 the City formed a stakeholders group that reviewed the City's permitting process and made recommendations on how to improve and/or modify the regulations and process. This group continues to meet once a year to provide input to the City's development review process. A Strategic Investment Strategy: This will describe a framework for making resource allocation decisions in an environment where wants and needs always exceed the finite resources available. Tradeoffs among many possible investment choices will be made to achieve the FWCP's goals. The framework will add dimension to the FWCP's goals by enabling them to be addressed over time. Human Services, Public Safety, and Environmental Planning: These will continue to build upon the foundation established by the FWCP. Much of the FWCP, as developed to fulfill the GMA, addresses physical development and its related regulatory and fiscal support. Federal Way works with other levels of government, non-profit providers, and citizen groups to support an array of activities and services that contribute to the quality of life of Federal Way's citizens. These include public safety; health, cultural, educational, and environmental activities; and human services. To ensure that the interrelationships of all aspects of urban life are addressed, planning will be undertaken by the City in a way that is supportive of and coordinated with the FWCP. Monitoring and Evaluation: This will be done periodically to assess progress toward achieving FWCP goals, as well as to measure the conditions and changes occurring within the City. Monitoring and evaluation will help ensure consistency within and among the FWCP elements chapters, as well as with the GMA, the CWPPs, and county and regional growth plans. Monitoring and evaluation will lead to both FWCP amendments and improved ability to project future conditions. Citizen participation in City processes will build upon the dialogue between government and citizens that began with the development and adoption of the FWCP. The City will strive to find improved means to communicate with, and involve citizens in planning and Revised 2802 2007 2006 Comprehensive Plan Amendments 1-12 FWCP — Chapter One, Introduction decision-making. The City will strive to provide information that can be easily understood and to provide access for public involvement. This will include processes for making amendments to and implementing the FWCP. Application of the Plan The principal purpose of the comprehensive plan is to provide policies that guide the development of the City in the context of regional growth management. These policies can be looked to by citizens and all levels of government in planning for the future of Federal Way. The FWCP format generally presents a discussion about an issue followed by a goal, and some policies related to that goal. Goals describe what the City hopes to realize over time, and are not mandates or guarantees. Policies describe actions that will need to be taken if the City is to realize its goals. Policies should be read as if preceded by the words, "It is the City's general policy to...." A policy helps guide the creation or change of specific rules or strategies (such as development regulations, budgets, or program area plans). City officials will generally make decisions on specific City actions by following ordinances, resolutions, budgets, or program area plans that themselves reflect relevant FWCP policies, rather than by referring directly to the FWCP. Implementation of most policies involves a range of City actions over time, so one cannot simply ask whether a specific action or project would fulfill a particular FWCP policy. For example, a policy that the City will "give priority to" a particular need indicates that need will be treated as important, not that it will take precedence in every City decision. Some policies use the words "shall" or "should," "ensure" or "encourage," and so forth. In general, such words describe the relative degree of emphasis that the policy imparts, but not necessarily to establish specific legal duty to perform a particular act, to undertake a program or project, or to achieve a specific result. Whether such a result is intended must be determined by reading the policy as a whole, and by examining the context of other related policies in the FWCP. Some policies may appear to conflict, particularly in the context of a specific fact situation or viewed from the different perspectives of persons whose interests may conflict on a given issue. A classic example is the "conflict" between policies calling for "preservation of the environment" and policies that "promote economic development." Because FWCP policies do not exist in isolation and must be viewed in the context of all potentially relevant policies, it is largely in the application of those policies that the interests, which they embody, are reconciled and balanced by the legislative and executive branches of City government. Before the FWCP was adopted, the City of Federal Way had many policies in place that were approved over the course of many years, and which affect the full range of programs and services provided by the City. To the extent a conflict may arise between such a policy and the FWCP, the FWCP will generally prevail, except that policies that are used in the application of existing development regulations shall continue to be used until those regulations are made consistent with the FWCP pursuant to RCW 36.70A.040. Revised 2002 2007, 2006 Comprehensive Plan Amendments 1-13 FWCP —Chapter One, Introduction Discussion is provided to explain the context in which decisions on goals and policies have been made, the reasons for those decisions, and how the goals and policies are related. The discussion portions of the FWCP do not establish or modify policies, but they may help to interpret policies. Comprehensive Plan Amendment Process The City will update the FWCP annually in order to keep this document current with the community's vision and the City Council's policy direction. In addition to updating chapters, such as Capital Facilities, the public will also be notified that a comprehensive plan amendment will be taking place. Individual requests will be considered during the annual update process. Acknowledgments The City Council and staff thank the hundreds of citizens who have made the CityShape project a success. We look forward to working with you and others over the coming years to make your vision Federal Way's future. Revised 2002 2007 2006 Comprehensive Plan Amendments 1-14 CHAPTER TWO - LAND USE 2.0 INTRODUCTION Through the CityShape and Vision process, the community produced a general concept of what the City should look and function like in the future. This general concept was used to form the basis of the Land Use chapter. The Land Use chapter serves as the foundation of the Federal Way Comprehensive Plan (FWCP) by providing a framework for Federal Way's future development and by setting forth policy direction for Federal Way's current and future land uses. Development of land, according to adopted policies, and land use designations discussed in this chapter, should result in an appropriate balance of services, employment, and housing. The land use policies are supplemented by a Comprehensive Plan Designations Map (Map II -1, maps are located at the end of the chapter) that provides a visual illustration of the proposed physical distribution and location of various land uses. This map allocates a supply of land for such uses as services, employment, parks, open space, and housing to meet future demand. 2.1 THE LAND USE CONCEPT Federal Way's existing land use pattern (the physical location of uses) exists as a result of development administered by King County until 1990 and subsequent development under Federal Way's jurisdiction. As shown in Map II -2 (Generalized Existing Land Use) and Figure II -1 (Percent Gross Land Area By Existing Land Use, page 2), in September 244 2006, 42 35 percent of Federal Way's gross land area was developed as single-family development, 44 eight percent as multiple -family development, and 4-2 10 percent for office, retail, and manufacturing uses. Updates to the FWCP will not substantially modify this land use pattern. What will change is how various pieces of the land use pattern interact to achieve common land use goals. Figure II -2 gage 3) depicts the land use concept. The land use concept should result in the following: • Transformation of the retail core into an intensely developed City Center that is the focus of civic activity which provides a sustainable balance of jobs and housing; • Preservation and enhancement of existing residential neighborhoods; 0 Creation of a network of parks and open space areas; FWCP — Chapter Two, Land Use Figure II -I 2004 Percent Gross Land Area by Existing Land Use September 2006 ❑ 12% ❑6%r■2% ❑ 10% 5% ■ 8% ■43% —❑6% `- ■ 5% ■ 1% ❑ 2% o Commercial ■ Industrial ❑ Multi Family o Office ■ Open Space Parks ■ Quasi Public Recreation ■ Religious Services ® Single Family ❑ Vacant Revised 2003 2007 2006 Comprehensive Plan Amendment 11-2 FWCP — Chapter Two, Land Use • Diversification of the City's employment base by creating distinct employment areas; • Promotion of new retail and service employment opportunities around the I-5/ South 320`s and 1-5/SR 18 interchanges. • Promotion of new opportunities for residential development near transit centers; • Provision of community and commercial services to residential communities; • To the extent practicable, preservation of environmentally sensitive areas; • Promotion of convenient residentially scaled shopping for residential neighborhoods; • Promotion of housing in the City's mixed-use commercial areas close to shopping and employment; • Promotion of redevelopment of "strip commercial" areas along major arterials into attractive, mixed-use corridors served by auto and transit; • Promotion of the development of well designed commercial and office developments; and • Accommodation of adopted growth targets for households and jobs and Puget Sound Regional Council (PSRC) growth projections within the proposed land use plan area. Revised 2903 2007, 2006 Comprehensive Plan Amendment II -3 FWCP -Chapter Two, Land Use Figure H-2 The Concept Plan Diagram concentrate new development in the Highway 99/1-S corridor. Develop infrastructure to support/ corridor development. Transform retail core into a new mixed-use City Center. Preserve and enhance family neighborhoods. Create a network of parks and open space corridors. Diversify employment base by creating distinct employment areas - Create new intensive residential -< communities supported by transi :f Provide community and commercial services to residential communities. Preserve environmentally sensitive land from adverse development. Revised 2080 2007 2006 Comprehensive Plan Amendment 11.4 FWCP — Chapter Two, Land Use 2.2 RELATIONSHIP TO OTHER LAND USE CHAPTERS The land use concept set forth in this chapter is consistent with all FWCP chapters. Internal consistency among the chapters of the FWCP translates into coordinated growth and an efficient use of limited resources. Below is a brief discussion of how the Land Use chapter relates to the other chapters of the FWCP. Economic Development Federal Way's economy is disproportionately divided. Based on PSRC's 24N 2005 Covered Estimates by jurisdiction, retail and service industries compose more than -70 72 percent of Federal Way's employment base. Covered estimates are jobs that are covered by unemployment insurance. Dependence on retail trade stems primarily from the City's evolution into a regional shopping destination for South King County and northeast Pierce County. Increased regional competition from other retail areas, such as Tukwila and the Auburn SuperMall, may impact the City's ability to capture future retail dollars. To improve Federal Way's economic outlook, the economic development strategy is to promote a more diverse economy. A diversified economy should achieve a better balance between jobs and housing and supports the City's quality of life. In conjunction with the Economic Development chapter, this Land Use chapter preftetes contemplates the following: rl City Ge.,te eempesed of mid rise ef'fiae buildings, ed use retail, an ];easing. A dense, urban -scale, mixed-use City Center, comprised of office, commercial, retail sales, services, entertainment, and housing; with the "City Center -Core" containingthe he CiVs tallest buildings and the "City Center -Frame" containing transitional heights between the Core and adjacent lower -height areas. • Business Pad.- Commercial Enterprise development ~ +'�^ � ^�°+'� � n V4 e�,s�a of light industrial, commercial, retail sales, and service uses. • Community Business development i~ the South 340 cti.ee+ .amea and ar-ound c i aid T c iev 18 inte..,.hange. generally along the SR -99 corridor, north and south of the City Center, in proximity to residential areas composed of a broad range of retail sales and services, commercial, office, and mixed-use commercial/residential development. • Continued development of West Campus. • Continued development of East Campus (Weyerhaeuser Corporate and Office Park properties). Revised 2003 2007, 2006 Comprehensive Plan Amendment II -5 FWCP — Chapter Two, Land Use • Redevelopment and development of the SR -99 corridor into an area of quality commercial, retail, and commercial/residential mixed use development. • Continued use of design standards for non -single family areas. The land use map designations support development necessary to achieve the above (see the Comprehensive Plan Designations Map II -1). A complete discussion of economic development is set forth in the Economic Development chapter. Capital Facilities Capital facilities provided by the City include: transportation and streets, parks and open space, and surface water management. Infrastructure and Urban Services The amount and availability of urban services and infrastructure influences the location and pace of future growth. The City is responsible for the construction and maintenance of parks and recreation facilities, streets and transportation improvements, and surface water facilities. Providing for future growth while maintaining existing improvements depends upon the community's willingness to pay for the construction and financing of new facilities and the maintenance of existing facilities. As outlined in the Capital Facilities Plan, new infrastructure and services may be financed by voter -approved bonds, impact fees, grants, designated capital taxes (real estate excise tax, fuel tax, utility tax), and money from the City's general fund. To capitalize on the City's available resources for urban services and infrastructure, this Land Use chapter recognizes that concentrating growth is far more cost effective than allowing continued urban sprawl. Concentrating growth also supports the enhancement of future transit improvements. Water Availability Based on reports from the Lakehaven Utility District, the estimated available yield from the underlying aquifers is 10.1 million gallons per day (MGD, 10 -year average based on average annual rainfall). The District controls which well to use, thus which aquifers are being pumped from, based on a number of considerations including water levels and rainfall. In order to reduce detrimental impacts to its groundwater supplies in the recent past, the District has also augmented its groundwater supplies with wholesale water purchased from the City of Tacoma through water system interties. In addition, the District h entered into a i a eo e t e ent %c th the City of of Taeom..and other- South Kin . Geunt-y utilities to paFtieipate in the eenstmetien-Of obtains water from the Tacomals Second Supply Project (a second water diversion from the Green River), which will provides additional water supplies to the region. As a result, the water levels in the aquifers have remained stable, and the District's water supply capacity WiR oto 14.7 N4GD on an annual aveFage basis when Taeema's Seeend Supply Pr-ejeet is Revised 2002 2007 2006 Comprehensive Plan Amendment II -6 FWCP — Chapter Two, Land Use ,.,. pletea in 2004 has increased by an average of 7.8 MGD, depending upon the availability of water from the Green River. Concentrating growth, along with conservation measures, should help to conserve water. Water Quality Maintaining a clean source of water is vital to the health and livability of the City. Preserving water quality ensures a clean source of drinking water; and, continued health of the City's streams and lakes. Maintaining water quality is also important for maintaining the health of the aquifers that rely on surface water for recharge. Contamination of an aquifer, by contaminated surface water, could lead to serious health concerns and/or expensive treatment requirements. To address this concern and impacts of new development, the City prepared a Surface Water Management Plan. The plan specifies actions to ensure water quality including the development of regional detention/ retention facilities to control rate and quality of water runoff. Furthermore, development the wellhead protection program developed in conjunction with the Lakehaven Utility District should 0,A a guidelines to avoid possible contamination. Policies contained in the Natural Environment chapter provide direction for development near wellheads and in aquifer recharge areas. For a complete discussion, please refer to the Capital Facilities chapter. Parks & Open Space One of the most important and valued elements of a high quality living and working environment is a parks and open space system. Providing parks and open spaces contributes to a reduction in environmental impacts such as noise and air pollution; increases the value of adjacent properties; provides areas for passive and active recreation; and helps preserve the natural beauty of the City. To maximize open space opportunities, the City will coordinate with adjacent jurisdictions to create a region -wide open space system as contemplated in the Countywide Planning Policies (CWPPs). Map II -4- 2 depicts areas where existing and/or proposed parks and open spaces are located. This map is consistent with the City's Comprehensive Parks, Recreation, and Open Space Plan. For a complete discussion, please refer to the Comprehensive Parks, Recreation, and Open Space Plan. Potential Annexation Area To facilitate intergovernmental planning and policy coordination, the CWPPs require each jurisdiction to, "...designate a potential annexation area" (PAA). The City's PAA lies within unincorporated King County, generally east of the present City boundary. The boundary has been defined through cooperative agreements between the City and adjacent jurisdictions. The City of Federal Way, in partnership with King County, has prepared a Subarea Plan and Annexation Feasibility Study for the PAA. The PAA Subarea Plan has been incorporated as Chapter Eight, Potential Annexation. The Subarea Plan contains policies and plans addressing the full range of land uses, capital facilities, public services, and environmental issues relating to the PAA. The Annexation Feasibility Study, which has Revised 2803 2007.2006 Comprehensive Plan Amendment II -7 FWCP — Chapter Two, Land Use been incorporated by reference, will guide the City and inform the citizens about the feasibility and phasing of any potential future annexations. A complete discussion regarding the City's PAA can be found in the Potential Annexation Area chapter. Natural Environment Federal Way's natural beauty is apparent. Lakes, streams, wetlands, and Puget Sound provide a scenic backdrop as well as a source for active and passive recreation. The Land Use chapter seeks to protect Federal Way's unique natural resources through policies that support the preservation of these areas for future generations. For a complete discussion, please refer to the Natural Environment chapter. Housing Housing is a basic need and a major factor in the quality of life for individuals and families. An adequate supply of affordable, attractive, and functional housing is fundamental to achieving a sense of community. The central issue related to land use is supplying enough land to accommodate projected growth for a range of incomes and households. Presently, housing is provided primarily in single-family subdivisions or multiple -unit complexes. This plan devises strategies to increase housing options and choices. The Land Use chapter advocates changes to current development codes to increase flexibility in platting land and encourage housing as part of mixed-use developments in commercial areas. The latter provides an opportunity to locate housing closer to employment and shopping, and to create affordable housing. A complete discussion of housing can be found in the Housing chapter. City Center Map II -I depicts two City Center land use designations—the City Center Core and City Center Frame. The creation of an identifiable and vibrant "downtown" is one of the primary goals identified by the community during the CityShape planning process. The policies of the Land Use and City Center chapters envision a concentrated City Center comprised of mixed-use developments, pedestrian -oriented streetscapes, livable and affordable housing, a network of public spaces and parks, and development of superior design and quality. The City Center will provide a central gathering place for the community where civic and cultural activities and events take place. A complete discussion of the City Center can be found in the City Center Chapter. Revised 2= 2007 2006 Comprehensive Plan Amendment 11'6 FWCP — Chapter Two, Land Use 2.3 POLICY BACKGROUND State and county land use policies provide a statutory framework for the development of City land use policies. It is important to briefly review state and county level policies to better understand historical conditions that have shaped the goals and policies in this chapter. Growth Management Act The Growth Management Act (GMA) acknowledges that, "...a lack of common goals expressing the public's interest in conservation and the wise use of our lands pose a threat to the environment, sustainable economic development, and the health, safety and high quality of life enjoyed by residents of this state" (RCW 36.70A.010). The GMA provides a framework for content and adoption of local comprehensive plans. The GMA provides 13 goals to be, "...used exclusively for the purpose of guiding development of comprehensive plans and development regulations." A number of the GMA goals pertain to land use. They are as follows: Urban Growth — Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. Reduce Sprawl — Reduce the inappropriate conversion of undeveloped land into sprawling, low-density development. Housing — Encourage the availability of affordable housing to all economic segments of the population of the state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock. Open Space and Recreation — Encourage the retention of open space and development of recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks. Environment — Protect the environment and enhance the state's high quality of life, including air and water quality and the availability of water. Public Facilities and Services — Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards. Historic Preservation — Identify and encourage the preservation of lands, sites, and structures that have historical or archaeological significance. Property Rights — Private property shall not be taken for public use without just compensation having been made. The property rights of landowners shall be protected from arbitrary and discriminatory actions pursuant to state and federal law. Revised 2= 2007, 2006 Comprehensive Plan Amendment Il.g FWCP — Chapter Two, Land Use Regional Policies Vision 2020 and the CWPPs, both required by GMA, provide a regional framework to achieve the goals of the GMA. Vision 2020 is the long-range growth management, economic, and transportation strategy for the central Puget Sound region encompassing King, Kitsap, Pierce, and Snohomish counties. It provides broad direction agreed to by member jurisdictions. Most notable is Vision 2020's direction for regional transportation. An important connection between Vision 2020 policies and the City's land use policies is development of an urban center, referred to as the City Center Core in the FWCP. Urban centers are to accommodate a significant share of new growth, services, and facilities. The idea is to, "...build an environment in the urban centers that will attract residents and businesses" by concentrating residences, shopping, and employment in close proximity to each other and regional transit. The CWPPs are a further refinement of policy direction contained in the GMA and Vision 2020 and are a result of a collaborative process between King County and the suburban cities within. Policies contained herein have been prepared to implement the CWPPs as they apply to the City. CWPPs provide a framework for both the county and its respective cities. Adherence to these policies ensures that plans within the county are consistent with one another. These policies address such issues as the designation of urban growth areas, land use, affordable housing, provision of urban services for future development, transportation, and contiguous and orderly development. CWPPs have the most direct impact on land use policies in this chapter. By undertaking the following actions, the Land Use chapter is consistent with CWPP's direction: • Promoting phased development for efficient use of land and urban services; • Creating a City Center (urban center) as an area of concentrated employment and housing, served by high capacity transit, public facilities, parks, and open space; • Limiting growth outside the City Center to areas that are already urbanized; • Encouraging in -fill development; • Expanding business and office park development to include limited commercial; and • Establishing incentives to achieve desired goals. Revised 2883 2007 2006 Comprehensive Plan Amendment II -10 FWCP—Chapter Two, Land Use 2.4 PROJECTED GROWTH & DEVELOPMENT CAPACITY Projected Growth According to the 2000 U.S. Census, 83,259 people called Federal Way home. As of April 2892 2006, the population had grown to 83,858 86,530 (based on the Washington State Office of Financial Management [OFM] population estimates). Most of the growth to date occurred during the decades of the 1960s and 1980s, during which time the City's population doubled. Federal Way is now the eighth largest city in the state and the fou third largest in King County. Future population and employment growth has been forecasted by OFM (Figure II -3 -,page 4.9). This future population and employment growth -Ati1l be has been distributed between jurisdictions and unincorporated urban King County through a methodology that has been prepared by the King County Planning Directors and approved by the Growth Management Planning Council (GMPC). This methodology is more fully discussed in the next section. Figure H-3 Population Projection King County 2.5 .................................................. 2%o s� 2.o2i '— !-- .... ................... 74 t.ssr. 0 1. ............. 1.5 -- l 1_5 --- --- o �. 0 CL 0.5------ 1970 1980 1990 2000 2010 2020 2025 Source: Office of Financial Management, 2002 Update to Growth Managetrent Act Medium Review Population Projections Development Capacity The purpose of Buildable Lands is to measure capacity to accommodate projected growth and to evaluate the effectiveness of local plans and regulations. King County and five other cities must report to the state by Septembef 1, 2002, and every five years ther-eafte , on their capacity to accommodate growth during the 20 -year Growth Management period. In order to accomplish this, the Buildable Lands program requires annual data collection to determine the amount and density of new development, an inventory of the land supply suitable for development, and an assessment of each jurisdiction and the entire Urban Growth Area (UGA) to accommodate expected growth. Revised 2993 2007.2006 Comprehensive Plan Amendment II -11 FWCP — Chapter Two. Land Use In order to determine whether Federal Way has the capacity to accommodate future growth, City staff prepared a land inventory of buildable lands. Buildable lands are those parcels that are either vacant or redevelopable and are free of constraints to development, such as being environmentally sensitive. The capacity for future development in terms of number of new housing units and square footage of new commercial square footage is then derived based on densities achieved by development over the previous five year period, 1996 through 2000. King County Assessor's records were used to identify vacant and redevelopable land. In general, parcels were divided into three categories: fully -developed and parcels that were excluded from the capacity analysis; parcels that could be redeveloped; and parcels that were vacant. With the exception of surplus lands owned by public agencies, such as the City, county, state, and utility, school, and fire districts -parcels owned by public agencies were excluded from the capacity analysis, as they are unlikely to be developed for private use. Common areas and open space in subdivisions were also excluded from the inventory. Commercial and industrial zoned parcels categorized as redevelopable are those where the ratio of improvements to land value is less than 50 percent. In residential zones, redevelopable parcels are those parcels which can be subdivided, or where the density can otherwise be increased, for example, redeveloped from single-family to multiple -family. The City has mapped environmental constraints (such as wetlands, streams, and geologically hazardous areas) and their respective setbacks, and therefore, critical areas were taken out at a parcel level. The remaining lands were then summarized by zoning designation. A series of discounts were then further applied. These discounts included right-of-way and public purpose factors. In addition to the reductions outlined above, a market discount factor was applied on a case-by-case basis depending on local conditions. Application of the market factor (discount) acknowledges that not all potentially developable parcels will be available for development and that some parcels may not be financially feasible to develop or redevelop. Lands fvquir-efaents. In the past, eapar-ity sed en the theefetieal development allowed by zoning. In the euffent analysis-, order to calculate capacity, densities achieved over the last five years were used. For residential areas, the average number of units per acre achieved was used, and for commercial areas, average attained floor area ratios (FAR) were used. Densities and FARs were then divided into the available land totals for residential and commercial land respectively, to estimate development potential. For redevelopable areas, the current existing building area or number of units were subtracted in order to determine additional capacity. Lastly, the number of units or the building square footage of pending projects was added to the subtotals, for a final estimate of capacity. Based on this methodology, Federal Way has the capacity for 5,538 new residential units and 16,194 new jobs. Revised 2003 2007 2006 Comprehensive Plan Amendment FWCP — Chapter Two, Land Use 2001 - 2022 Household and Job Targets During their September 25, 2002 meeting, the GMPC adopted a fnetien-to add targets for new households and jobs for the period 2001 — 2022. These targets were based on a methodology developed over a two-year period by the King County Planning Directors. This methodology is summarized in the following section. King County was divided into four subareas. These four subareas are SeaShore, East King County, South King County, and Rural Cities. The City of Federal Way is part of the South King County Subarea that includes Renton, Burien, SeaTac, Tukwila, Normandy Park, Des Moines, Kent, Covington, Maple Valley, Black Diamond, Federal Way, Auburn, Milton, Pacific, Algona, West Hill PAA, East Renton PAA, Fairwood/ Soos Creek PAA, and Southwest King County PAAs. The PSRC's 2000 to 2020 small area employment forecasts were used as a basis for allocating population forecasts to these subareas by applying the employment percentages to the OFM countywide population forecast so that the proportion of housing to jobs is balanced at a certain ratio. The household size of the various subareas were then determined based on the 2000 census, and adjusted downwards for 2022 based on the assumption that household sizes would decrease in the future. The household size for each subarea was used to determine how many new housing units would be needed to accommodate new population in 2022. Next, the remainder of the current household target by subarea at the end of 2000 was compared to the new households needed to accommodate new population. If South King County were to achieve their remaining household 2012 target, this would actually exceed the number of households needed to accommodate the 2000 to 2022 projected new households for the subarea (Table II -1). As a result, the methodology proposed that South King County receive no new targets for the 2012 — 2022 target extension period. However, because South King County's remaining target of 50,430 households exceeded the 42,355 new households needed to accommodate 2001 — 2022 growth, the methodology proposed to credit the sub -regions the difference, thus reducing remaining targets. Table II -2 (page13shows the 2001 — 2022 household targets by jurisdiction in the South King County Subarea with the adjustment made for the credit. As in the case of the household target extensions, the starting point for employment allocations was forecast from estimates derived for each city by the PSRC 2000 to 2020 small area employment forecasts. Future employment was then allocated to jurisdictions based on location of current employment, as well as location of commercial and industrial zones. The adopted 2001 — 2022 job targets are shown in Table H-2 (page 13). Revised 2983 2007, 2006 Comprehensive Plan Amendment II -13 FWCP - Chapter Two, Land Use Table II -I un„cohnlri Taroptc by King County Urban Subarea Subarea 1992-2012 11V YJ�aav Target �a� Remainder New Household - Additional Total Households 5,928 20 Year Achieved of Current Targets to Households to Accommodate 1,712 Target 1993-2000 Target at Accommodate Needed Beyond 30 -Year Population Federal Way_6,188 7,481 End of 2000 New 2000-2022 Current Target (1992-2022) 50 1,054 Maple Valley 300 Population Normandy Park 100 67 57,905 16,375 41,530 56,369 14,839 72,744 ESeaShore ing 48,348 25,665 22,683 47,645 24,962 73,310 4,935 2,582 Total 1 42,355 89,5 South King 73,387 22,957 50,430 42,355 N/A 65,312 -County Rural Cities 8,828 3,265 5,563 2,255 Na 5,520 Surplus (11,585) N/A Total 188,468 68,262 120,206 148,624 28,418 216,886 Table II -2 South Kin Countv Subarea Household and Job Targets, 2001-2022 Jurisdiction Number of Households Number of Jobs Algona 298 108 Auburn 5,928 6,079 Black Diamond 1.099 2,525 Burien 1,552 1,712 Covington 1,173 900 Des Moines 1,576 1,695 Federal Way_6,188 7,481 Kent 4,284 11,500 Milton 50 1,054 Maple Valley 300 804 Normandy Park 100 67 Pacific 996 108 Renton 6,198 27,597 SeaTac 4,478 9,288 Tukwila 3,200 16,000 Unincorporated King County 4,935 2,582 Total 1 42,355 89,5 Development Capacity and Targets the data fer- the Buildable Lands &#Wud- was pr-epai-7ed, the City of Federal Way had a eapaeityfeF 5,538 ewr-esidentialhousin units and 16,19-4 new4obs-An-eefnP . oft, the The adopted 2001 - 2022 targets are 6,188 new residential units and 7,481 new jobs. As It at '-at `City had an 8, f A 10 a tial un -.+s. King County implementation of RCW 36.70A.215 (the "Buildable Lands" statute) requires local governments to adopt "reasonable measures" intended to ensure the sufficiency of land use c_pacity within each jurisdiction to accommodate growth anticipated during the 20 -year planning period. Revised 2003 2007 2006 Comprehensive Plan Amendment ""'" FWCP — Chapter Two, Land Use In or -def to iner-ease f:esidential eapaeity to meet the adopted tafgets, C4y staff will pfopese that a definition of density for- eenventional subdivisions be added to Fedemi Wq�, Qty, Fede (FWGG) Chapter 29"Subdivisions." The Qe€nitie;iof densitywill be basedof] gross aer-eage, whieh should result in relatively more lots than presently allowed, based en ther-equir-efaent fer- _...:.,;...um lot sizes. In addifie.., City staff will continue to monitor the City's progress towards reaching its targets, and will propose additional changes to the City Council, if warranted. 2.5 URBAN DESIGN AND FORM In addition to guiding development, the Land Use chapter also guides the quality and character of the City's future development pattern through goals and policies related to the form, function, and appearance of the built environment. These goals and policies, related to quality development, serve and will continue to serve as a basis from which to develop appropriate implementation measures. Design guidelines, adopted in 1996, and 1999, and 2003 are used as an integral component of the development review process. Design guidelines address location and type of pedestrian amenities and public spaces; pedestrian and vehicle circulation; building setbacks, orientation, form, and scale; landscaping; and mixed-use commercial/residential design. Goal LUGI Improve the appearance and function of the built environment. Policies LUPI' Use residential design performance standards to maintain neighborhood character and ensure compatibility with surrounding uses. LUP2 Use design and performance standards to achieve a greater range of housing options in multiple -family designations. LUP3 Use design and performance standards to create attractive and desirable commercial and office developments. 2.6 DEVELOPMENT REVIEW PROCESS The Land Use chapter provides the policy foundation for implementing zoning and development regulations. In developing policy concerning future land use regulations, or Revised 2003 2007.2006 Comprehensive Plan Amendment II -15 FWCP — Chapter Two, Land Use revisions to existing regulations, every effort has been made to instill certainty and efficiency in the development process. State legislation has focused on developing streamlined and timely permit processing. The City has conducted Developer Forums to solicit input regarding the City's permit processing system. Comments received during the Forums provided invaluable information to evaluate the City's permit system. In 2002, the City formed a stakeholders group that reviewed the City's permitting process and made recommendations on how to improve or modify the regulations and processes. This group continues to meet once ayear to provide input to the City's development review process. Through the following policies, the City continues to strive to provide an efficient and timely review system. Goal LUG2 Develop an efficient and timely development review process based on a public/ private partnership. Policies LUP4 Maximize efficiency of the development review process. LUPS Assist developers with proposals by continuing to offer preapplication meetings in order to produce projects that will be reviewed efficiently. LUP6 Conduct regular reviews of development regulations to determine how to improve upon the permit review process. LUPI Integrate and coordinate construction of public infrastructure with private development to minimize costs wherever possible. LUP8 Increase efficiency in the permit process by responding to state legislation concerning development review processes. 2.7 CITYWIDE POLICIES Citywide policies apply to all FWCP designations. These general policies are intended to maintain the quality of the living and working environment and ensure that the interests, economy, and welfare of the community are considered. Policies LUP9 Designate and zone land to provide for Federal Way's share of regionally adopted demand forecasts for residential, commercial, and industrial uses for the next 20 years. Revised 2803 2007 2006 Comprehensive Plan Amendment II -16 FWCP — Chapter Two, Land Use LUP10 Support a diverse community comprised of neighborhoods that provide a range of housing options; a vibrant City Center; well designed and functioning commercial areas; and distinctive neighborhood retail areas. LUPI1 Support the continuation of a strong residential community. LUP12 Evaluate household and employment forecasts on a periodic basis to ensure that land use policies based on previous assumptions are current. LUP13 Distribute park and recreational opportunities equitably throughout the City. 2.8 LAND USE DESIGNATIONS The land use designations in the FWCP recognize the relationships between broad patterns of land uses. The designations set forth locational criteria for each specific class of uses consistent with the long-term objectives of the FWCP. These designations provide the purpose and intent for specific zoning districts. The location of comprehensive plan land use designations are shown on the Comprehensive Plan Designations Map (Map H-1). Residential Areas Single Family Federal Way is known for its quality single-family neighborhoods. This section contains goals and policies that will shape future development and protect or improve the character and livability of established neighborhoods. The demand for and development of single-family housing is expected to continue for the foreseeable future. Single-family development will occur as in -fill development of vacant lots scattered throughout existing neighborhoods and as subdivisions on vacant tracts of land. To address future housing needs, the Land Use chapter encourages new techniques for developing single-family subdivisions. Such techniques include clustering, planned unit developments, lot size averaging, cottage housing, zero lot line development, accessory dwelling units, and special needs housing. Single Family Low Density The Single Family Low Density designation retains larger urban lots in order to avoid development pressure on or near environmentally sensitive areas and to retain areas that have unique area -wide circumstance. There are two notable locations: Spring Valley, located in the southern portion of the City; and along Puget Sound near Dumas Bay in the vicinity of Camp Kilworth and the Palisades Retreat property. Revised 2803 2007, 2006 Comprehensive Plan Amendment II -17 FWCP — Chapter Two. Land Use The Single Family Low Density designation continues the historic application of low density zoning in areas that lack urban services and infrastructure. Moreover, the application of large urban lot zoning is appropriate to avoid excessive development pressures on or near environmentally sensitive areas as well as to serve as a buffer between adjacent land use designations of higher densities. Upon provision of urban services, such as water and sewer, an increase in density may be warranted. The Single Family Low Density designation in the Spring Valley and Dumas Bay areas have numerous environmentally sensitive features including, but not limited to: wetlands, flooding potential, geologically hazardous areas, streams (including salmonid habitat), and wildlife habitat, and groundwater infiltration potential. Due to the sensitive nature of this area, the Draft Hylebos Creek and Lower Puget Sound Plan recommends zoning of one lot per five acres. Single Family Medium Density The Single Family Medium Density designation creates urban lots with a density range of one to three dwelling units per acre to avoid developing on or near environmentally sensitive areas. The Single Family Medium Density designation can be found along the Puget Sound shoreline and south of South 356' Street, both east and west of SR 99. Lot sizes of 35,000 and 15,000 square feet provide for a transition in density between land designated as Single Family High Density Residential and Single Family Low Density Residential. Some areas designated as Single Family Medium Density Residential still lack urban services and infrastructure. Upon provision of urban services, such as water and sewer, an increase in density may be warranted. The relatively large lot sizes along the Puget Sound shoreline areas are appropriate due to geological features including steep slopes and landslide hazards commonly associated with marine bluffs. As with the Single Family Low designation, the Single Family Medium designations south of South 356' are located in the West Branch Hylebos Creek Sub - Basin. As noted in the Single Family Low Density description, this sub -basin contains a number of environmentally sensitive areas. This area of lower density zoning occurs on both the east and west sides of ls` Avenue South However, there are major environmental and ownership differences between the two areas. The area east of Is`Avenue South is characterized by the Hylebos Wetlands and associated streams. In addition, there are many parcels that are either publicly owned or are intended as wetland mitigation for development elsewhere in the drainage basin Therefore based on the relative absence of environmental constraints and the future availability of public services in the area west of 1" Avenue South an increase in density may be warranted. Single Family High Density A majority of the single-family residential land in the City is designated as Single Family High Density. Urban densities of approximately 4.5, 6.0, and 8.7 dwelling units per acre in the RS 9.6, RS 7.2, and RS 5.0 zoning districts respectively, provide for a range of housing densities. Single Family High Density residential designations are located within close and convenient proximity to neighborhood business centers, areas of existing or future employment, transit, and existing urban infrastructure and services. Future Single Family High Density development should have good access to collector and arterial streets. 11-10Revised 20&3 2007 2006 Comprehensive Plan Amendment FWCP — Chapter Two, Land Use Goal LUG3 Preserve and protect Federal Way's single-family neighborhoods. LUG3.1 Provide wide range of housing densities and types in the single-family designated areas. Policies LUP14 Maintain and protect the character of existing and future single-family neighborhoods through strict enforcement of the City's land use regulations. LUP15 Protect residential areas from impacts of adjacent non-residential uses. LUP16 Revise existing land use regulations to provide for innovation and flexibility in the design of new single-family developments and in -fill. LUP17 Encourage the development of transportation routes and facilities to serve single-family neighborhoods. Special attention should be given to pedestrian circulation. LUP18 Encourage the development of parks and the dedication of open space in and adjacent to residential areas to preserve the natural setting of Federal Way. LUP19 Consider special development techniques (e.g., zero lot size averaging, cottage housing, and planned unit developments) in single-family areas, provided they result in residential development consistent with the quality and character of existing neighborhoods. LUP20 Preserve site characteristics that enhance residential development (trees, water- courses, vistas, and similar features) using site planning techniques such as clustering, planned unit developments, and lot size averaging. Multiple Family The multiple -family residential land use designation represents an opportunity to provide a range of housing types to accommodate anticipated residential growth. The increase in population, decline in average family size, and increased cost of single-family homes have created heavy demand for new housing types. The Land Use chapter encourages the development of housing types, such as duplexes, townhouses, and condominiums in existing multiple -family areas and within mixed-use development in commercial areas. During the 1980s, the City's landscape changed, as a number of large apartment complexes were constructed. These apartments, often built without regard to scale or tura zuur. mut) Uomprenensive Plan Amendment 11.19 FWCP — Chapter Two, Land Use amenities, created a general dissatisfaction with the appearance of multiple -family development. In 1999, the City amended its Community Design Guidelines to address the appearance and scale of multiple family dwelling units. Incentives for creating desired development such as duplexes and townhouses should be considered. Multiple Family Multiple Family uses in large part are in areas currently zoned for multiple -family development. Designations of 3600, 2400, and 1800 square feet per dwelling unit, corresponding to densities of 12, 18, and 24 dwelling units per acre respectively, will continue to be used. Opportunities for new development will occur through redevelopment and build -out of remaining parcels. Residential design guidelines that address design and appearance of multiple -family developments were adopted in 1999. The primary goal of residential design guidelines is to develop multiple -family housing that is reflective of the community's character and appearance. More recently, the City has given staff direction to research innovative types of housing such as zero lot -line townhouse development and small lot single-family housing in the multiple -family zoning districts. Goal LUG4 Provide a wide range of housing types and densities commensurate with the community's needs and preferences. Policies LUP21 Allow and encourage a variety of multiple -family housing types in designated commercial areas, especially in the City Center Core and City Center Frame areas. LUP22 Use design and performance standards for multiple -family developments to achieve integration in commercial developments. Performance standards should focus on scale, appearance, and compatibility. LUP23 Support multiple -family development with transportation and capital facilities improvements. LUP24 Multiple -family residential development should be designed to provide privacy and common open space. Variations in facades and rooflines should be used to add character and interest to multiple -family developments. LUP25 Encourage the establishment of street patterns and amenities that encourage walking, bicycling, and transit use. Commercial Designations Existing commercial areas are predominantly auto -oriented and characterized by one-story low intensity development. In the future, these areas will become more intensively n-20 Revised 2003 2007 2006 Comprehensive Plan Amendment FWCP - Chapter Two, Land Use developed and pedestrian oriented, and in some designations, accommodate housing. Transforming existing areas into places where people want to live, shop, and work requires changes. Commercial areas should contain street furniture, trees, pedestrian shelters, well marked crosswalks, and buildings oriented to and along the street to .provide interest and allow easy pedestrian access. General Policies for Commercial, Office, and Business-PaFk-Commercial Enterprise The following general policies apply to all commercial, office, and business pa commercial enterprise designations. In some instances, specific goals and policies may follow a specific land use designation Policies LUP26 Provide employment and business opportunities by allocating adequate land for commercial, office, and busi3ess-Har4E. commercial enterorise development. LUP27 Encourage development of regional uses in the City Center. LUP28 Provide for a mix of commercial and residential uses in non -industrial commercial areas. LUP29 Use Community Design Guidelines to promote common open space, public art, and plazas in commercial and office developments. LUP30 Ensure compatibility between n i*ed use non-residential developments and residential areas zones by regulating height, scale, setbacks, and buffers. LUP31 Use Community Design Guidelines to encourage quality design and pedestrian and vehicle circulation in office, commercial, and business-pcommercial enterprise developments. LUP32 Use Community Design Guidelines to encourage commercial development to locate along street edge (where deemed appropriate) to provide pedestrian street access. Provide pedestrian access between developments and to transit stations. LUP33 Identify and designate streets where on -street parking can be safely provided without unduly slowing traffic flow or jeopardizing traffic safety. LUP34 Provide developer incentives for inclusion of housing in commercial projects at appropriate locations. Business P Commercial Enterprise The Business PaA designation Y the uses k in areas whefe large Revised 29W 2007, 2006 Comprehensive Plan Amendment II -21 FWCP — Chapter Two, Land Use The Commercial Enterprise (CE) designation was developed from the former Business Park (BP) designation in order to meet changing market conditions as indicated by City market studies and by numerous rezone requests The CE designation is intended to capture the demand for a diverse mix of industrial office and retail sales and services arrayed in well integrated high qualily developments Housing is not contemplated for this designation as it is incompatible with the predominant uses and character of the area, i.e., bulk retail manufacturing warehousing and related impacts such as building bulk and scale oversized commercial vehicle traffic and outdoor storage. former BP designated properties and some former BC -designated properties. Presently, these areas are characterized by bulk/big box retailers such as Costco and Home Depot; emerging "destination' retail/commercial centers such as Federal Way Crossings and Marketplace; and light manufacturing and warehouse uses- whose convenient access to Interstate -5 and Highway 18 provide a natural location for such development. The area also includes some large undeveloped and underdeveloped parcels. Goal LUGS Develop a quality bu&ht&&ffpdA commercial enterprise environment pkat sbTper4s . characterized by a viable, vibrant, and attractive mix of commercial retail office industrial and supportive uses. Policies LUP35 di tFib lieneenten Allow a broad and range of commercial, retail, office, industrial and supportive uses to meet the needs of workers and consumers, in well integrated well functioning high quality developments. LUP36 Develep business parks that fit inte th Require development to be compatible and well integrated into its surroundings and adjacent zones by grouping "ifflil = a „t ies in of:?er to through site and building design and development standards that reduce or eliminate land use conflicts, nuisance impacts or critical areas impacts• ensure project aesthetics; and allepromote sharing of public facilities and services;; and improve vehicular and pedestrian traffic flow and safety, Revised 2803 2007 2006 Comprehensive Plan Amendment II -22 FWCP — Chapter Two, Land Use including access control and off-street interconnectivity between adjoining properties where feasible. LUP37 L-ifait Allow general and specialty retail uses to these that serve the needs of people employed in the local area..., as well as "destination" retail and wholesale businesses that may serve a broader consumer base vis-a-vis the area's convenient access to Interstate 5 and Highway 18. City Center Core The intent of establishing the City Center Core is to create a higher density, mixed-use designation where office, retail, government uses, and residential uses are concentrated. Other uses such as cultural/civic facilities, community services, and housing will be highly encouraged. City Center Frame The City Center Frame designation will have a look and feel similar to the Core and will provide a zone of less dense, mixed-use development physically surrounding a portion of the City Center Core. Together, they are meant to complement each other to create a "downtown" area. A more detailed description, along with goals and policies regarding the City Center Core and Frame, can be found in the City Center chapter. Revised 2003 2007.2006 Comprehensive Plan Amendment II -23 - - WOM- _ - - • �- Y. MIMMMIM • Revised 2003 2007.2006 Comprehensive Plan Amendment II -23 FWCP — Chapter Two, Land Use hetels, motels, and effiee uses have been limited in sea4e so as net to eempete with th The Community Business designation encompasses two major retail/commercial areas �1., - thw CR-QQ nnrririnr inchidinn the segment between South 272°a Street and Soutl Street Presently, these areas are characterized by a wide range of development types and appearances including older, single -story developments that provide excellent redevelopment opportunities This designation also includes the property located at the northwest corner of V Avenue South and SW Campus Drive, which is subject to a concomitant development agreement. The Communes Business designation allows a broad mix of uses including general, specialty, and service retail• commercial,• office; mixed-use commercial/residential; and supportive uses This designation envisions low-rise to mid -rise, high quality developments containing a vibrant and compatible mix of well integrated and designed pedestrian - oriented and auto -oriented uses. Goal LUG6 Transform Community Business areas into vital, attractive, mked us. areas with a mix of uses that appeal to pedestrians, and motorists, and residents, and enhance the community's image. Policies LUP38 Encourage transformation of the Pacific Highway (SR -99) Community Business corridors into a quality retail/commercial mixed use areas:, Retail elepmeRt along the eefFideF, exeltisive of the City Center-, should b designed to integrate auto, pedestrian, and transit circulation:, and to improve trafficflow and safety, including access control and off-street interconnectivity between adjoining properties where feasible. Continue to utilize Community Design Guidelines to ensureyuality site and building design and functional and aesthetic compatibility between uses. Integration of pub4e pedestrian amenities and open space into retail and office development should also be encouraged. LUP39 Encouragea range of pedestrian -oriented retail, while continuing to accommodate auto -oriented retail, and provide supportive uses to meet the needs of residents and employees in the area. Neighborhood Business There are a dem 14 various sized nodes of Neighborhood Business located throughout the City. These nodes are areas thathave or-irally provided retail and/or services to adjacent residential areas. The FWCP recognizes the importance of architectural and site design guidelines to provide compatibility between neighborhood business areas and adjacent neighborhoods. Revised 2003 2007 2006 Comprehensive Plan Amendment II -24 FWCP — Chapter Two, Land Use Neighborhood Business areas are intended to provide convenient goods (e.g., groceries and hardware) and services (e.g., dry cleaners, dentist, bank) at a pedestrian and neighborhood scale close to adjacent residential uses. Developments combining residential and commercial uses provide a convenient living environment within these nodes. In the future, attention should be given to design features that enhance the appearance or function of these areas. Improvements may include sidewalks, open space and street trees, and parking either on street or oriented away from the street edge. The function of neighborhood business areas can also be enhanced by safe pedestrian, bicycle, and transit connections to surrounding neighborhoods. The need to address expansion or intensification may occur in the future depending on population growth. Future neighborhood business locations should be carefully chosen and sized to meet the needs of adjacent residential areas. Goal LUG7 Provide neighborhood and community scale retail centers for the City's neighborhoods. Policies LUP40 Integrate retail developments into surrounding neighborhoods through attention to quality design and function. LUP41 Encourage pedestrian and bicycle access to neighborhood shopping and services. LUP42 Encourage neighborhood retail and personal services to locate at appropriate locations where local economic demand and design solutions demonstrate compatibility with the neighborhood. LUP43 Retail and personal services should be encouraged to group together within planned centers to allow for ease of pedestrian movement. LUP44 Neighborhood Business centers should consist of neighborhood scale retail and personal services. LUP45 Encourage mixed residential and commercial development in Neighborhood Business designations where compatibility with nearby uses can be demonstrated. LUP46 Neighborhood Business areas should be served by transit. LUP47 The City shall lifnit new eeffimef:eial development to e i . i — �r-eial area to preteet residential areas In designating new or expanding existing Neighborhood Business centers, the adjacent zoning and land use shall be carefully considered. New Neighborhood Business centers are most Revised 2003 2007, 2006 Comprehensive Plan Amendment II -25 FWCP — Chapter Two, Land Use appropriately located adjacent to multiple family and high-density single-family residential areas. Commercial Recreation The Commercial Recreation designation acknowledges the unique recreational opportunity associated with the Enchanted Park property. Enchanted Park is an indoor/ outdoor amusement facility most noted for its water park. A preannexation concomitant development agreement has established the comprehensive plan designation and zoning (Office Park -4) particular to Enchanted Park. Office Federal Way is well known for its quality office parks. Developments within the East and West Campus areas embody good design and are representative of desired future office park development. Office park development in West Campus is complemented by the Weyerhaeuser Corporate Headquarters in East Campus. Together, office and corporate park development will provide new job opportunities within the community. Professional Office The Professional Office designation is intended to allow for well-designed small-scale office development compatible to adjacent residential neighborhoods. Office Park The Office Park designation emphasizes high quality office development that allows for a mix of office and compatible manufacturing type activities. This classification also permits a limited amount of retail support services, along with the current mix of office and light manufacturing uses. Corporate Park The Corporate Park designation applies to the Weyerhaeuser Corporate Campus, generally located east of Interstate Highway 5. The property is a unique site, both in terms of its development capacity and natural features. Office Park designations with OP -1, 2, and 3 zoning and some residential designations north of Highway 18 surround the Corporate Park designation. The Corporate Park zone is currently being developed as corporate headquarters, offices, and ancillary uses. These types of developments are characterized by large contiguous sites containing landscaping, open space, and buildings of superior quality. Development standards and conditions for the Corporate Park designation is unique to Weyerhaeuser's property and are outlined in a preannexation concomitant development agreement between the City and Weyerhaeuser Corporation. Goal LUG8 Create offlice and corporate park development that is known regionally for its design and function. Revised 20W 2007 2006 Comprehensive Plan Amendment II -26 FWCP — Chapter Two, land Use Policy LUP48 Continue to encourage quality office development in the East Campus Corporate Park designation. 2.8.5 SHORELINE MASTER PROGRAM Purpose The Shoreline Management Act (SMA) identifies seven land and water use elements that, if appropriate to the community, are to be dealt with in the development of area -wide shoreline goals. They include: shoreline use, economic development, public access, conservation, recreation, historical/cultural, and circulation. Master programs are also encouraged to include any other elements which, because of present uses or future needs, are deemed appropriate to effectuate the policy of the SMA. Residential land use of shorelines of the state within Federal Way makes up the largest share of the developed shorelines in the City. Much of the undeveloped shoreline is in private ownership, subdivided into small lots and presently zoned to allow for residential use. Because of present and future needs of residential shoreline use, goals and policies have been formulated as part of a residential element to guide and plan for that development. The following comprehensive set of shoreline goals provide the foundation and framework on which the balance of the master program has been based. These goals and policies are reflective of the level of achievement believed to be intrinsically desirable for all shoreline uses, needs, and developments, and establish a program policy commensurate with the intent and objectives of the SMA. The policies contained herein should be enforced through the applicable chapters of the FWCC. Shoreline Use Element An element which deals with the distribution, location, and extent of: 1) the use of shorelines and adjacent areas for housing, transportation, office, public buildings and utilities, education, and natural resources; 2) the use of the water for aquaculture and recreation; and 3) the use of the water, shoreline, and uplands for other categories of land and water uses and activities not specified in this master program. Goal LUG9 Preserve or develop shorelines, adjacent uplands, and adjacent water areas in a manner that assures a balance of shoreline uses with minimal adverse effect on the quality of life, water, and environment. Revised 2= 2007, 2006 Comprehensive Plan Amendment II -27 FWCP — Chapter Two, Land Use Policies LUP49 Shoreline land and water areas particularly suited for specific and appropriate uses should be designated and reserved for such uses. LUP50 Shoreline land and water uses should satisfy the economic, social, and physical needs of the regional population, but should not exceed the physical carrying capacity of the shoreline areas. LUP51 Where appropriate, land and water uses should be located to restore or enhance the land and water environments. LUP52 Like or compatible shoreline uses should be clustered or distributed in a rational manner, rather than allowed to develop haphazardly. LUP53 Multiple uses of shoreline should be encouraged where location and integration of compatible uses or activities are feasible. LUP54 Unique and fragile areas of the shoreline should be protected from uses or activities that will have an adverse effect on the land or water environment. LUP55 Non-residential uses or activities that are not shoreline dependent should be encouraged to locate or relocate away from the shoreline. LUP56 Federal Way shall consider the goals, objectives, and policies within the shoreline master program in all land use management actions regarding the use or development of adjacent uplands or the water areas, adjacent uplands and associated wetlands or streams within its jurisdiction where such use or development will have an adverse effect on designated shorelines. Public Access Element An element making provision for public access to publicly -owned shorelines and assessing the need for providing public access to shoreline areas. Goal LUG10 Increase public access to shoreline areas provided that private rights, public safety, and the natural shoreline character are not adversely affected. Policies LUP57 Development of public access should respect and protect the enjoyment of private rights on shoreline property. Revised 20&3 2007 2006 Comprehensive Plan Amendment II'28 FWCP — Chapter Two, Land Use a. Shoreline access areas should be planned to include ancillary facilities such as parking and sanitation when appropriate. b. Shoreline access and ancillary facilities should be designed and developed to provide adequate protection for adjacent private properties. LUP58 Public access should be maintained and regulated. a. Public access should be policed and improved consistent with intensity of use. b. The provision to restrict access as to nature, time, number of people, and area may be appropriate for public pedestrian easements and other public access areas where there are spawning grounds, fragile aquatic life habitats, or potential hazard for pedestrian safety. c. Facilities in public shoreline access areas should be properly maintained and operated. LUP59 Design of access should provide for the public health, safety, and enjoyment. a. Appropriate signs should be used to designate publicly owned shorelines. b. Within the shoreline environment, pedestrian and non -motorized access should be encouraged. c. Public access to and along the water's edge should be available in publicly owned shorelines that are tolerant of human activity. LUP60 Priority for access acquisition should consider resource desirability, availability, and proximity of population. a. A shoreline element in the parks acquisition and development program should be encouraged so that future shoreline access is acquired and developed by established criteria and standards as part of an overall master plan. LUP61 Public access should be provided in new shoreline developments. a. There should. be incentives to encourage private property owners to provide shoreline access. b. Public pedestrian easements should be provided in future land use authorizations, and in the case of Federal Way projects along lakes, streams, ponds, and marine lands, whenever shoreline features are appropriate for public use. Shorelines of the City that include, but are not limited to, any of the following conditions should be considered for pedestrian easements: Revised 2003 2007.2006 Comprehensive Plan Amendment II -29 FWCP — Chapter Two, Land Use 1. Areas of significant, historical, geological, and/or biological circumstances. 2. Areas presently being legally used, or historically having been legally used, by the public along the shoreline for access. 3. Where public funds have been expended on or related to the water body. LUP62 Shorelines of the City should be available to all people for passive use and enjoyment. a. Viewpoints, lookouts, and vistas of shorelines of the City should be publicly accessible. b. New developments should minimize visual and physical obstruction of the water from shoreline roads and upland owners. LUP63 General policies. a. Where appropriate, utility and transportation rights-of-way on the shoreline should be made available for public access and use. b. Publicly -owned street ends that abut the shoreline should be retained and/or reclaimed for public access. Shoreline recreational facilities and other public access points should be connected by trails, bicycle pathways, and other access links where appropriate. d. Public pedestrian easements and access points should be of a nature and scale that would be compatible with the abutting and adjacent land use as well as natural features, including aquatic life. e. Access development should respect and protect ecological and aesthetic values in the shorelines of the City. Conservation Element An element which deals with the preservation of natural shoreline resources, considering, but not limited to, such characteristics as scenic vistas, park -ways, vital estuarine areas for fish and wildlife protection, beaches, and other valuable natural or aesthetic features. Goal LUG11 Assure preservation of unique and non-renewable natural resources and assure conservation of renewable natural resources for the benefit of existing and future generations and the public interest. Revised 2A03 2007 2006 Comprehensive Plan Amendment II -30 FWCP — Chapter Two, Land Use Policies LUP64 Shorelines that are of unique or valuable natural character should be acquired for public benefit, commensurate with preservation of the ecosystem. a. Unique and fragile areas in shoreline areas should be designated and retained as open space. Access and use should be restricted or prohibited when necessary for their preservation. b. When appropriate, Federal Way should acquire those shoreline areas whieh that are unique or valuable. Subsequent use of such areas should be governed by their ecological carrying capacity. LUP65 All renewable natural resources should be managed so that use or consumption does not exceed replenishment. a. Through policies and actions, Federal Way should encourage the management and conservation of fish, shellfish, wildlife, and other renewable resources. LUP66 Resource conservation should be an integral part of shoreline planning. a. When feasible, Federal Way should initiate programs to reverse any substantial adverse impacts caused by existing shoreline development. b. All future shoreline development should be planned, designed, and sited to minimize adverse impact upon the natural shoreline environment. LUP67 Scenic, aesthetic, and ecological qualities of natural and developed shorelines should be recognized and preserved as valuable resources. a. When appropriate, natural flora and fauna should be preserved or restored. b. In shoreline areas, the natural topography should not be substantially altered. c. Shoreline structures should be sited and designed to minimize view obstruction and should be visually compatible with the shoreline character. d. Wildlife and aquatic habitats, including spawning grounds, should be protected, improved, and, if appropriate, increased. LUP68 Resources should be managed to enhance the environment with minimal adverse effect. a. Aquaculture in shoreline areas should be conducted with all reasonable precautions to insure the preservation of the natural character and quality of the shoreline. Revised 2883 2007.2006 Comprehensive Plan Amendment II -31 FWCP — Chapter Two, Land Use b. Shoreline activity and development should be planned, constructed, and operated to minimize adverse effects on the natural processes of the shoreline, and should maintain or enhance the quality of air, soil, and water on the shoreline. c. Any structure or activity in or near the water should be constructed in such a way that it will minimize adverse physical or chemical effects on water quality, vegetation, fish, shellfish, or wildlife. d. Use or activity which substantially degrades the natural resources of the shoreline should not be allowed. LUP69 Salmon and steelhead habitats support valuable recreational and commercial fisheries. These habitats should be protected because of their importance to the aquatic ecosystem and the state and local economy. a. Salmon and steelhead habitats are: 1. Gravel bottomed streams used for spawning; 2. Streams, lakes, and wetlands used for rearing, feeding, and cover and refuge from predators and high waters; 3. Streams and salt water bodies used as migration corridors; and 4. Shallow areas of salt water bodies used for rearing, feeding, and cover and refuge from predators and currents. b. Non -water -dependent or non -water -related uses, activities, structures, and landfills should not be located in salmon and steelhead habitats. c. Where alternative locations exist, water -dependent and water -related uses, activities, structures, and landfills should not be located in salmon and steelhead habitats. d. Where uses, activities, structures, and landfills must locate in salmon and steelhead habitats, impacts on these areas should be lessened to the maximum extent possible. Significant unavoidable impacts should be mitigated by creating in-kind replacement habitat near the project where feasible. Where in-kind replacement mitigation is not feasible, rehabilitating degraded habitat may be required. Mitigation proposals should be developed in consultation with the affected local government, the Department of Fisheries, the Department of Wildlife, and affected Indian Nations. e. Developments which are outside salmon and steelhead habitats but which have the potential to significantly affect these habitats should be located and designed so they do not create significant negative impacts on salmon and steelhead habitats. Revised 2= 2007, 2006 Comprehensive Plan Amendment II -32 FWCP —Chapter Two, Land Use f. Bioengineering is the preferred bank protection technique for rivers and streams used by salmon and steelhead. g. Open pile bridges are preferred for crossing water areas used by salmon and steelhead. h. Impervious surfaces shall be minimized in upland developments to reduce stormwater runoff peaks. Structures and uses creating significant impervious surfaces shall include stormwater detention systems to reduce stormwater runoff peaks. i. The discharge of silt into waterways shall be minimized during in -water and upland construction. j. Adopt -A -Stream programs and similar efforts to rehabilitate salmon and steelhead spawning streams are encouraged. k. Fishery enhancement projects are encouraged where they will not significantly interfere with other beneficial uses. I. Project proponents should contact the Habitat Management Division of the Department of Fisheries, the Habitat Division of the Department of Wildlife or affected Indian Nations early in the development process to determine if the proposal will occur in or adjacent to a salmon and steelhead habitat. in. When reviewing permits for uses, activities, and structures proposed for salt water areas, streams, wetlands, ponds connected to streams, and shorelines adjacent to these areas; staff should contact the Habitat Management Division of the Department of Fisheries or the Habitat Division of the Department of Wildlife to determine if the proposal will occur in or affect an adjacent salmon or steelhead habitat. Staff should also contact affected Indian Nations. Recreation Element An element for the preservation and expansion of all types of recreational opportunities through programs of acquisition, development, and various means of less -than -fee acquisition. Goal LUG12 Provide additional shoreline dependent and water oriented recreation opportunities that are diverse, convenient, and adequate for the regional population consistent with the carrying capacity of the land and water resources. Revised 2803 2007, 2006 Comprehensive Plan Amendment II -33 FWCP — Chapter Two, Land Use Policies LUP70 Areas containing special shoreline recreation qualities not easily duplicated should be available for public use and enjoyment. a. Opportunities should be provided for the public to understand natural shoreline processes and experience natural resource features. b. Public viewing and interpretation should be encouraged at or near governmental shoreline activities when consistent with security and public safety. LUP71 Shoreline recreational use and development should enhance environmental quality with minimal adverse effect on the natural resources. a. Stretches of relatively inaccessible and unspoiled shoreline should be available and designated as low intensity recreational use areas with minimal development. Service facilities such as footpaths, periphery parking, and adequate sanitary facilities should only be allowed where appropriate. b. Beaches and other predominantly undeveloped shorelines already popular should be available and designated as medium intensity recreational use areas to be free from expansive development; intensity of use should respect and protect the natural qualities of the area. c. Small or linear portions of the shoreline suitable for recreational purposes should be available and designated as transitional use areas that allow for variable intensities of use, which may include vista points, pedestrian walkways, water entry points, and access from the water; utilizing stream floodplains, street ends, steep slopes, and shoreline areas adjacent to waterfront roads. d. At suitable locations, shorelines should be made available and designated as high intensive use areas that provide for a wide variety of activities. e. Overall design and development in shoreline recreational areas should be responsive to the site characteristics of those areas and be consistent with the level of use in the area concerned. f. Recreation areas on the shoreline should have adequate surveillance and maintenance. g. The public should be provided with additional off-site and on-site guidance and control to protect shoreline resources. h. Where a wide berm is needed for dry beach recreation, and physical conditions permit sand retention, consideration should be given to creating a Revised 290 2007 2006 Comprehensive Plan Amendment 11.34 FWCP - Chapter Two, Land Use Class I beach' when such development does not destroy valuable biota or unique physical conditions. Access to recreational shoreline areas afforded by water and land circulation systems should be determined by the concept of optimum carrying capacity and recreational quality. j. Non -water oriented recreational facility development should be kept inland away from the water's edge, except where appropriate in high intensive shoreline use areas. LUP72 The provision of adequate public shoreline recreation lands should be based on an acquisition plan with a clear public intent. LUP73 A balanced variety of recreational opportunities should be provided for people of different ages, health, family status, and financial ability. a. Appropriate specialized recreation facilities should be provided for the developmentally disabled, or others who might need them. b. Shoreline recreation areas should provide opportunities for different use intensities ranging from low (solitude) to high (many people). c. Opportunities for shoreline recreational experiences should include developing access that accommodates a range of differences in people's physical mobility, capabilities, and skill levels. d. Shoreline recreational experiences should include a wide range of different areas from remote/outdoor undeveloped areas to highly developed indoor/ outdoor areas. e. Recreational development should meet the demands of population growth consistent with the carrying capacity of the land and water resources. Circulation Element An element dealing with the location and extent of existing and proposed major thoroughfares, transportation routes, and other public facilities; and coordinating those facilities with the shoreline use elements. 'Pursuant to Federal Way City Code Chapter 18, Article 111, Section 18-163, a "Class I beach means a beach or shore having dependable, geologically fully developed, and normally dry backshore above high tide." Revised 2003 2007, 2006 Comprehensive Plan Amendment II -35 FWCP — Chapter Two, Land Use Goal LUG13 Circulation systems in shoreline areas should be limited to those that are shoreline dependent or would serve shoreline dependent uses. The physical and social environment shall be protected from the adverse effect of those systems on the quality of water, life, or environment. Policies LUP74 New surface transportation development should be designed to provide the best possible service with the least possible infringement upon the shoreline environment. a. New transportation facilities and improvements to existing facilities that substantially increase levels of air, noise, odor, visual, or water pollution should be discouraged. b. Transportation corridors should be designed to harmonize with the topography and other natural characteristics of the shoreline through which they traverse. b. Surface transportation facilities in shoreline areas should be set back from the ordinary high water mark far enough to make unnecessary such protective measures as rip -rap or other bank stabilization, landfill, bulkheads, groins, jetties, or substantial site regrade. LUP75 Circulation systems should be located and attractively designed so as not to unnecessarily or unreasonably pollute the physical environment or reduce the benefits people derive from their property; and they should encourage alternative routes and modes of travel. a. Motorized vehicular traffic on beaches and other natural shoreline areas should be prohibited. b. Transportation facilities providing access to shoreline developments should be planned and designed in scale and character with the use proposed. c. Circulation routes should provide for non -motorized means of travel. LUP76 Circulation systems disruptive to public shoreline access and other shoreline uses should be relocated where feasible. a. Transportation elements disruptive to the shoreline character that cannot feasibly be relocated should be conditioned or landscaped to minimize visual and noise pollution. Revised 200 2007 2006 Comprehensive Plan Amendment n-sb FWCP — Chapter Two, Land Use LUP77 Shoreline circulation systems should be adaptable to changes in technology. a. Federal Way should promote and encourage modes of transportation that consume the least amount of energy while providing the best efficiency with the least possible pollution. LUP78 General policies. a. New transportation developments in shoreline areas should provide turnout areas for scenic stops and off road rest areas where the topography, view, and natural features warrant. b. Shoreline roadway corridors with unique or historic significance, or of great aesthetic quality, should be retained and maintained for those characteristics. c. New transportation facilities crossing lakes, streams, or wetlands should be encouraged to locate in existing corridors, except where any adverse impact can be minimized by selecting an alternate corridor. Residential Element An element dealing with housing densities, residential subdivisions, shoreline access, necessary support services, and locations of single-family dwellings (including manufactured homes) and multiple -family dwellings without distinction between part-time or full-time occupancy. Goal LUG14 Shoreline residential areas shall permit a variety of housing types and designs with densities and locations consistent with the ability ofphysical and natural features to accommodate them. Policies LUP79 Residential developments should be excluded from shoreline areas known to contain development hazards or which would adversely impact sensitive areas as identified in Chapter 18, Division 6 of the FWCC. a. Residential development should be prohibited within the l 00 -year floodplain. b. Residential development should be prohibited in areas of severe or very severe landslide hazard. c. Residential development should be regulated in shoreline areas with slopes of 40 percent or greater. Revised 2093 2007, 2006 Comprehensive Plan Amendment II -37 FWCP — Chapter Two, land Use d. Shoreline areas containing other potential hazards (e. g., geological conditions, unstable subsurface conditions, erosion hazards, or groundwater or seepage problems) should be limited or restricted for development. e. The burden of proof that development of these areas is feasible, safe, and ecologically sound is the responsibility of the developer. LUP80 Residential developments should have minimal impact on the land and water environment of the shoreline and minimize visual and physical obstruction. a. Residential development should be regulated in identified unique and fragile areas as required under the City's sensitive areas regulations. b. Residential development on piers or over water should not be permitted. c. Landfill for residential development whis13 that reduces water surface or floodplain capacity should not be permitted. d. In residential developments the water's edge should be kept free of buildings and fences. e. Every reasonable effort should be made to insure the retention of natural shoreline vegetation and other natural features of the landscape during site development and construction. LUP81 Residential use of shorelines should not displace or encroach upon shoreline dependent uses. LUP82 Residential densities should be determined with regard for the physical capabilities of the shoreline areas, public services requirements, and effects such densities have on the environment. a. Subdivisions and new development should be designed to adequately protect the water and shoreline aesthetic characteristics. b. New residential development should only be allowed in those shoreline areas where the provision for sewage disposal and drainage ways are of such a standard that adjoining water bodies would not be adversely affected by pollution or siltation. c. Residential development along shorelines should be set back from the ordinary high water mark far enough to make unnecessary such protective measures as filling, bulk heading, construction groins or jetties, or substantial regrading of the site. Revised 2003 2007 2006 Comprehensive Plan Amendment II -38 FWCP — Chapter Two, Land Use d. Residential developments should be designed to enhance the appearance of the shoreline and not substantially interfere with the public's view and access to the water. Shoreline Environments Purpose In order to more effectively implement the goals, objectives, and policies of this master program and the SMA, the shorelines of the state within Federal Way have been categorized into four separate environment designations. The purpose of these designations is to differentiate between areas whose geographical features and existing development pattern imply differing objectives regarding their use and future development. Each environment represents a particular emphasis in the type of uses and the extent of development that should occur within it. The system is designed to encourage uses in each environment whim; that enhance the character of the environment while at the same time requiring reasonable standards and restrictions on development so that the character of the environment is not destroyed. The determination as to which designation should be given to any specific shoreline area has been based on, and is reflective of, the existing development pattern; the biophysical capabilities and limitations of the land; and the goals and aspirations of the local citizenry. Each environment category includes: (1) a definition describing the development, use, and/or features which characterize the area; (2) a purpose which clarifies the meaning and intent of the designation; and, (3) general policies designed to regulate use and development consistent with the character of the environment. Urban Environment The urban environment is an area of high-intensity land use including residential, office, and recreational development. The environment is particularly suitable to those areas presently subjected to intensive land use pressure, as well as areas planned to accommodate urban expansion., The purpose of designating the urban environment is to ensure optimum utilization of shorelines within urbanized areas by permitting intensive use and by managing development so that it enhances and maintains the shoreline for a multiplicity of urban uses. The environment is designed to reflect a policy of increasing utilization and efficiency of urban areas, promote a more intensive level of use through redevelopment of areas now underutilized, and encourage multiple use of the shoreline if the major use is shoreline dependent. Policies LUP83 Emphasis should be given to development within already developed areas. Revised 2003 2007.2006 Comprehensive Plan Amendment II -39 FWCP — Chapter Two, Land Use LUP84 Emphasis should be given to developing visual and physical access to the shoreline in the urban environment. LUP85 To enhance the waterfront and insure maximum public use, commercial facilities should be designed to permit pedestrian waterfront activities consistent with public safety and security. LUP86 Multiple use of the shoreline should be encouraged. LUP87 Redevelopment and renewal of substandard areas should be encouraged in order to accommodate future users and make maximum use of the shoreline resource. LUP88 Aesthetic considerations should be actively promoted by means of sign control regulations, architectural design standards, landscaping requirements, and other such means. LUP89 Development should not significantly degrade the quality of the environment, including water quality and air quality, nor create conditions that would accentuate erosion, drainage problems, or other adverse impacts on adjacent environments. Rural Environment The rural environment is intended for shoreline areas characterized by agricultural uses, low density residential (where most urban services are not available), and areas which provide buffer zones and open space between predominantly urban areas. Undeveloped shorelines not planned for urban expansion or which do not have a high priority for designation in an alternative environment, and recreational uses compatible with agricultural activities are appropriate for the rural environment. The purpose of designating the rural environment is to preserve agricultural land, restrict intensive development along undeveloped shorelines, function as a buffer between urban areas, and maintain open spaces and opportunities for recreational uses within the ecological carrying capacity of the land and water resource. New developments in a rural environment should reflect the character of the surrounding area by limiting density, providing permanent open space, and maintaining adequate building setbacks from the water to prevent shoreline resources from being destroyed for other rural types of uses. Policies LUP90 Recreational access to the shorelines should be encouraged. Recreational facilities should be located and designed to minimize conflicts with other activities. LUP91 New development should reflect the character of the surrounding area by limiting residential density, providing permanent open space, and maintaining adequate building setbacks from the water. Revised 2003 2007 2006 Comprehensive Plan Amendment II -40 FWCP — Chapter Two, Land Use Conservancy Environment The conservancy environment consists of shoreline areas that are primarily free from intensive development. It is the most suitable designation for shoreline areas of high scenic or historical values, for areas unsuitable for development due to biophysical limitations, and for commercial forestlands. Conservancy areas are intended to maintain their existing character. This designation is designed to protect, conserve, and manage existing natural resources and valuable historic and cultural areas. The preferred uses are those which that are nonconsumptive of the physical and biological resources of the area. Policies LUP92 New development should be restricted to those that are compatible with the natural and biophysical limitations of the land and water. LUP93 Diverse recreational activities that are compatible with the conservancy environment should be encouraged. I. LUP94 Development that would be a hazard to public health and safety, or would materially interfere with the natural processes, should not be allowed. LUP95 The flood hazard overzone regulations shall apply to development within flood plains. LUP96 Structural flood control devices should be strongly discouraged in the conservancy environment. LUP97 In areas with poorly draining soils, development should not be allowed unless connected to a sewer line. LUP98 Development should be regulated so as to minimize the following: erosion or sedimentation, the adverse impact on aquatic habitats, and substantial degradation of the existing character of the conservancy environment. Natural Environment The natural environment consists of areas characterized by the presence of some unique natural features considered valuable in their undisturbed or original condition and which are relatively intolerant of intensive human use. Such areas should be essentially free from development or be capable of being easily restored to natural condition, and they should be large enough to protect the value of the resource. The purpose of designating the natural environment is to preserve and restore those natural resource systems existing relatively free of human influence. These systems require severe restrictions of intensities and types of uses permitted so as to maintain the integrity of the natural environment. Revised 2903 2007, 2006 Comprehensive Plan Amendment 1141 FWCP — Chapter Two, Land Use Policies LUP99 Natural areas should remain free from all development that would adversely affect their natural character. LUP100 The intensity and type of uses permitted should be restricted in order to maintain the natural systems and resources in their natural condition. LUP101 Limited access should be allowed to those areas in the natural environment. LUP102 Uses which are consumptive of the physical and biological resources, or which may degrade the actual or potential value of the natural environment, should be prohibited. LUP103 Uses and activities in locations adjacent to natural areas should be strictly regulated to insure that the integrity of the natural environment is not compromised. Shoreline Use Activities Purpose Shoreline use activities are specific uses, or groups of similar uses, that have been outlined by the Department of Ecology Final Guidelines as being characteristic of the shorelines of the state. They have been formulated as implementing tools to further carry out the intent and policy of this master program and the SMA. They also represent a major criterion to be used in evaluating proposed development and alterations to the shoreline environment; with their ultimate influence, to a large extent, dependent upon how well they are enforced. The policies that make up each use activity have been founded on the premise that all reasonable and appropriate uses require regulatory control. Other provisions such as a view enhancement, public access, erosion control, water quality, long term benefits, and aesthetic considerations have also been reflected in policy statements. Shoreline uses and activities not specifically identified, and for which policies have not been developed, will be evaluated on a case-by-case basis and will be required to meet the intent of the goals and objectives of this master program, the policy of the SMA, and shall be consistent with the management policy and character of the shoreline environment in which they propose to locate. Aquatic Resource Practices Of all facets of economic shoreline activity, production from fisheries is the most vulnerable to massive destruction from an error in environmental control. Close monitoring of water quality and an aggressive policy of pollution abatement and control are mandatory for full realization and sustenance of this economic base. Revised 2803 2007 2006 Comprehensive Plan Amendment IIA2 FWCP — Chapter Two, Land Use Aquaculture addresses state hatcheries, commercial hatcheries and beds, and natural hatcheries and beds within Federal Way shorelines. Underwater aquaria are considered as aquaculture although the use is principally recreational. Aquaculture has two modes: 1. The harvest of uncontained plant and animal populations that exist on the nutrients and foods available in the environment restock themselves according to the fecundity of the population, and survive as the food and nature allow. 2. Artificial stocking or raising of stock in feedlots or pens using selective breeding and controlled feeding programs for increasing production and rearing a uniform product. Pen culture requires confinement and the presence of fixed structures that compete for space. Pens, rafts, and hatcheries require certain environmental conditions to assure the survival of their contained populations. Some of these conditions are small wave forces, good flow, good water quality, temperature limits, good anchoring ground and accessibility, and, possibly, good natural food and nutrient supply. The confinement of fish or shellfish in concentration imposes an extreme biological load in a small area. Dense populations degrade water quality and deposit heavy fecal sediments below the pens or on the floor of embayments. The principal impacts of aquacultural activity within the shoreline are: 1. Pollutants in the water body such as fish, organic wastes, and additives for feeding and disease control. 2. Navigation hazards such as holding pens, rafts, nets, and stakes. 3. Watercourse alteration to supply water. 4. Netting and flooring of riverbeds for spawning channels. 5. Shoreline access limitations where shellfish are being protected and contained. Policies LUP104 Federal Way's support should be given to the State Departments of Fisheries and Game to improve stream conditions, open new spawning areas, and establish new fish runs. LUP105 Pens and structures for commercial aquaculture should not be located on Class I beaches, or swimming beaches. Revised 2083 2007, 2006 Comprehensive Plan Amendment 1143 FWCP — Chapter Two, Land Use LUP106 Aquacultural enterprises should be located in areas that would not significantly restrict navigation. LUP107 In aquaculture enterprises, development of multiple aquaculture systems should be encouraged. LUP108 Aquacultural structures should use open pile construction where significant littoral drift occurs. LUP109 Prior to use of an area for aquacultural enterprises, consideration should be given to the capability of the water body to absorb potential wastes. LUP110 Shoreline areas having extremely high natural potential for aquaculture should be preserved for that purpose. Commercial Development Commercial development pertains generally to the use or construction of facilities for transaction and sale of goods and services as opposed to industrial development (treatment together with ports) whieh that pertains to the design and fabrication of products. The principal impact factors upon the shoreline from commercial development are pollutants (e.g., erosion, sedimentary, chemical, and microbial) and aesthetic destruction. Erosive pollutants from commercial development are generated from surface runoff and both surface and sub -surface subsidence. Chemical pollution is derived from fuel spillage. Microbial loading arises from poor containment of organic wastes associated with human habitation and recreational activities. Policies LUPI11 Consideration should be made of the effect a structure will have on scenic value. LUP112 Commercial structures and ancillary facilities that are not shoreline dependent or water -oriented should be placed inland away from the immediate water's edge. LUP113 The use of porous materials should be encouraged for paved areas to allow water to penetrate and percolate into the soil. Use of holding systems should be encouraged to control the runoff rate from parking lots and roof tops. LUPI 14 Commercial enterprises locating within shoreline areas should be constructed to withstand normal rain and flooding conditions without contributing pollution to the watercourse or shoreline. LUPI 15 Commercial development that is not shoreline dependent should provide a buffer zone of vegetation for erosion control. 11-44 Revised 2= 2007 2006 Comprehensive Plan Amendment FWCP — Chapter Two, Land Use Utilities Few, if any, utility systems could be installed completely without coming under the jurisdiction of this master program. The focus of the policies in this section is on how these utility facilities within the shoreline environment can be planned, designed, constructed, maintained, and rehabilitated to be consistent with the intent of the SMA. Types of utility facilities in Federal Way vary from regional transmission by trunklines, pipelines, and transmission lines to subregional distribution facilities. These are essentially pipes and wires. Regional facilities generally are high voltage or high pressure systems with substantial potential impact in case of failure. Their impacts on the environment are also generally greater because of their scale and safety requirements. The types of utilities covered are communications (radio, TV, and telephone), energy distribution (petroleum products, natural gas, and electricity), water, sanitary sewers, and storm sewers. Policies LUP116 Utilities that lead to growth should not be extended into or along shorelines without prior approval of such extension by appropriate land use authority. LUP117 Utilities located in shoreline environments inappropriate for development should not make service available to those areas. LUP118 In developed shorelines not served by utilities, utility construction should be encouraged to locate where it can be shown that water quality will be maintained or improved. LUP119 Federal Way should be consulted prior to, or at the time of, application for construction of regional utility facilities to be located in or along shorelines. LUP120- Utility corridors crossing shorelines of the state should be encouraged to consolidate and concentrate or share rights-of-way where: a. Public access (including view) would be improved. b. Concentration or sharing would not hinder the ability of the utility systems to be installed, operated, or maintained safely. c. Water quality would be as good or better than if separate corridors were present. LUP121 Public access consistent with public safety and security should be encouraged where rights-of-way for regional utility facilities cross shorelines of the City. LUP122 New utility facilities should be located so as neither to require extensive shoreline protection nor to restrict water flow, circulation, or navigation. Revised 2003 2007.2006 Comprehensive Plan Amendment II -45 FWCP — Chapter Two, Land Use LUP123 Utility facilities and rights-of-way should be selected to preserve the natural landscape and minimize conflicts with present and planned uses of the land on which they are located. LUP124 New utility routes should be designed to minimize detrimental visual impact from the water and adjacent uplands. LUP125 New freestanding personal wireless service facilities are discouraged from locating within the shoreline environment. Shoreline Protection Shoreline protection is action taken to reduce adverse impacts caused by current, flood, wake, or wave action. This action includes all structural and nonstructural means to reduce these impacts due to flooding, erosion, and accretion. Specific structural and nonstructural means included in this use activity are bulkheads, rip -rap, bank stabilization, and other means of shoreline protection. The means taken to reduce damage caused by erosion, accretion, and flooding must recognize the positive aspects of each, so that the benefits of these natural occurrences will be retained, even as the problems are dealt with. Erosion does not exist without accretion of material eroded, be it a bench or a sandbar. Likewise, accretion cannot occur unless material has been eroded. Policies LUP126 Structural solutions to reduce shoreline damage should be allowed only after it is demonstrated that nonstructural solutions would not be able to reduce the damage. LUP127 Planning of shoreline protection should encompass sizable stretches of lake or marine shorelines. This planning should consider off-site erosion, accretion, or flood damage that might occur as a result of shoreline protection structures or activities. LUP128 Shoreline protection on marine and lake shorelines should not be used as the reason for creating new or newly usable land. LUP129 Shoreline protection structures should allow passage of ground and surface waters into the main water body. LUP130 Shoreline protection should not reduce the volume and storage capacity of rivers and adjacent wetlands or flood plains. LUP131 Whenever shoreline protection is needed, bioengineered alternatives such as natural berms and erosion control vegetation plans should be favored over hard surfaced structural alternatives such as concrete bulkheads and sheet piles. " YO Revised 80� 2007 2006 Comprehensive Plan Amendment FWCP — Chapter Two, Land Use LUP132 The burden of proof for the need for shoreline protection to protect existing or proposed developments rests on the applicant. LUP133 Shoreline protection activities that may necessitate new or increased shoreline protection on the same or other affected properties where there has been no previous need for protection should be discouraged. LUP134 New development should be encouraged to locate so as not to require shoreline protection. LUP135 Areas of significance in the spawning, nesting, rearing, or residency of aquatic and terrestrial biota should be given special consideration in reviewing of shoreline protection actions. LUP136 Shoreline protection actions should be discouraged in areas where they would block beach parent material. LUP137 Multiple uses of shoreline protection structures or nonstructural solutions should be encouraged. Transportation Facilities The circulation network use category addresses transportation facilities such as roads, railroads, bridges, trails, and related facilities. The impact of these facilities on shorelines can be substantial. Some existing facilities were constructed to serve transportation needs of the moment with a minimum expenditure and very little assessment of their primary or secondary impacts on shoreline aesthetics, public access to the water, and resultant effects on adjacent properties and water quality. Planning for new transportation facilities within the shoreline area today requires a greater awareness of the environmental impacts transportation facilities will have on shorelines, in addition to the necessity for integrating future shoreline land use plans with the transportation system that serves developments on the shoreline. Policies LUP138 Pedestrian access should be built where access to public shorelines is desirable and has been cut off by linear transportation corridors. New linear facilities should enable pedestrian access to public shorelines where access is desirable. LUP139 New surface transportation facilities not related to, and necessary for the support of, shoreline activities should be set back from the ordinary high water mark far enough to make unnecessary protective measures such as rip rap or other bank stabilization, land -fill, bulkheads, groins, jetties, or substantial site regrade. LUP140 .Shoreline transportation facilities should be encouraged to include in their design and development multi -modal provisions where public safety can be assured. Revised 2903 2007.2006 Comprehensive Plan Amendment 1147 FWCP — Chapter Two, Land Use LUP141 Shoreline transportation facilities should be planned to fit the topography and minimize cuts and fills; and should be designed, located, and maintained to minimize erosion and degradation of water quality and to give special consideration to shoreline aesthetics. LUP142 Transportation and utility facilities should be encouraged to coordinate joint use of rights-of-way and to consolidate crossings of water bodies when doing so can minimize adverse impact to the shoreline. LUP143 Transportation facilities should avoid shoreline areas known to contain development hazards (e.g. slide and slump areas, poor foundation soils, marshes, etc.). LUP144 Transportation facilities should minimize shoreline rights-of-way by orienting generally perpendicular to the shoreline where topographic conditions will allow. LUP145 Shoreline roadways should have a high priority for arterial beautification funds. LUP146 Abandoned road or railroad rights-of-way that contain unique shoreline amenities should be acquired for public benefit. LUP147 Federal Way should extend its trail and bicycle trail system, particularly as it relates to shorelines, to western Federal Way. LUP148 All transportation facilities in shoreline areas should be constructed and maintained to cause the least possible adverse impacts on the land and water environments, should respect the natural character of the shoreline, and should make every effort to preserve wildlife, aquatic life, and their habitats. Piers and Moorages A pier is a structure built over or floating upon the water extending from the shore. Some are used as a landing place for marine transport or for recreational watercraft. Piers are designed and constructed as either water (floating) or pile supported, both of which have positive and negative environmental aspects. Floating piers generally have less of a visual impact than those on piling and they provide excellent protection for swimmers from boat traffic. Floating piers however, interrupt littoral drift and can starve down current beaches where pile piers do not. Pile piers can provide a diverse habitat for marine life. Both types can create impediments to boat traffic and near -shore trolling. Pier construction requires regulation to protect navigation rights, preserve shoreline aesthetics, and maintain the usable water surface and aquatic lands for life forms characteristic and important to those areas. Policies LUP149 Open pile pier construction should be preferred where there is significant littoral drift, where scenic values will not be impaired, and where minimal alteration to the shoreline and minimal damage to aquatic resources can be assured. Revised 2883 2007 2006 Comprehensive Plan Amendment II -08 FWCP — Chapter Two, Land Use LUP150 Floating pier construction should be preferred in those areas where scenic values are high. LUP151 Piers should be discouraged where conflicts with recreational boaters and other recreational water activities would be created by pier construction. LUP152 The random proliferation of single purpose piers should be discouraged. Preference should be given to shared use of piers in all shoreline areas. LUP153 Temporary moorages should be permitted for vessels used in the construction of shoreline facilities. The design and construction of such moorages shall be such that upon termination of the project the aquatic life can be returned to their original condition within one year at no cost to the environment or the public. LUP154 Shoreline structures that are abandoned or structurally unsafe should be abated. LUP155 Substantial additions or alterations, including but not limited to substantial developments, should be in conformance with the policies and regulations set forth in the master program. LUP156 Piers, docks, buoys, and other moorages should only be authorized after consideration of: a. The effect such structures have on wild -life and aquatic life, water quality, scenic and aesthetic values, unique and fragile areas, submerged lands, and shoreline vegetation. b. The effect 'such structures have on navigation, water circulation, recreational and commercial boating, sediment movement and littoral drift, and shoreline access. LUP157 Moorage buoys should be preferred over floating and pile constructed piers on all tidal waters. LUP158 Floating structures and open pile structures are preferred over landfills or solid structures in water areas used by salmon and steelhead. Recreation Recreational experiences that depend on, or utilize, the shoreline include: harvesting activities of fish, shellfish, fowl, minerals, and driftwood; various forms of boating, swimming, and shoreline pathways; and watching or recording activities, such as photography, painting, or the viewing of water dependent activities. Principal focal points are at parks and access beaches, road ends, viewpoints, features of special interest, water - access points, and destination points for boaters. Facilities at these focal points may include fishing piers, swimming floats, paths, parking areas, boat ramps, moorings, and accessory recreational facilities. Revised 2083 2007, 2006 Comprehensive Plan Amendment 1149 FWCP — Chapter Two, Land Use The management of recreational land is determined by balancing the recreational carrying capacity (or impact of the environment on people) and the ecological carrying capacity (the impact of people on the environment). Measures to accomplish this are by designation of areas for use -intensity, interpretation, and regulation. These different recreational use areas coincide with the four environmentsCnatural, conservancy, rural, and urban. There are multiple benefits derived from the park program, for example: recreational lands contribute substantially to open space by conservation of land, preserving historic sites, offering aesthetic relief and variety, contributing to a healthful environment, and shaping and preserving the community form. In addition to the provisions of recreational opportunities, Federal Way coordinates with other governmental agencies, commercial, and volunteer groups to provide these opportunities for the public. The policies are directed toward providing shoreline dependent and water oriented recreational opportunities. They are also directed at protecting health and safety by separating incompatible activities and channeling them into their most appropriate environments. Policies LUP159 The development of recreational acquisition plans should give emphasis to the acquisition of prime recreation lands prior to their being preempted for other uses. LUP160 In open spaces having an established sense of nature, improvements should be limited to those that are necessary and unlikely to detract from the primary values of the site. LUP161 The siting of all developments should aim to enhance and protect the area concerned. LUP162 Structural forms should harmonize the topography, reinforce the use area, minimize damage to natural resources, and support recreation with minimal conflict. LUP163 New buildings should be made sympathetic to the scale, form, and proportion of older development to promote harmony in the visual relationships and transitions between new and older buildings. LUP164 Whenever possible, natural materials should be used in developing shoreline recreational areas. LUP165 Artificial irrigation and fertilization should be restricted to high-intensity use areas. LUP166 Existing buildings that enhance the character of the shoreline should be used for recreation wherever possible. LUP167 Underwater parks should be extensions of shoreline parks, or be created or enhanced by artificial reefs where natural conditions or aquatic life could be observed with minimal interference. II -50 Revised 2093 2007 2006 Comprehensive Plan Amendment FWCP — Chapter Two, Land Use LUP168 Public recreational shoreline areas should serve as emergency havens of refuge for boaters. LUP169 Physical and/or visual access to the water should use steep slopes, view points from bluffs, stream valleys, and features of special interest where it is possible to place pathways consistent with public safety without requiring extensive flood or erosion protection. LUP170 The acquisition of public easements to the shoreline through private or quasi - public shorelines should be encouraged. LUP171 Existing public recreation shorelines should be restored where it is possible to revegetate; resite roads and parking areas that are close to the shoreline; and remove stream channelization and shoreline protection devices when the facility has either deteriorated or is inconsistent with the general goals of this program. LUP172 Prime -fishing areas should be given priority for recreational use. LUP173 Boating activities that increase shore erosion should be discouraged. LUP174 Effective interpretation should be provided to raise the quality of visitor experiences and provide an understanding of the resource. Residential Development The shorelines in Federal Way are more widely used for residential purposes than for any other use. Much of the undeveloped shoreline is privately owned, subdivided into small lots, and zoned to permit residential development. The pressure to develop shorelines for residential uses has continued to result in property subdivision and escalating waterfront land values. Residential development of shorelines is accomplished in a variety of ways from large plats and subdivisions to single lot development for housing; any of which, if poorly planned, can culminate in the degradation of the shoreline environment and water resource. The SMA generally exempts, "...construction on shorelands by an owner, lessee or contract purchaser of a single-family residence for his own use or the use of his family... from its permit requirements. However, even though single-family homes are not considered substantial developments, the intent of the act has established the basis for planning and regulating them. Policies LUP175 Residential developments should be permitted only where there are adequate provisions for utilities, circulation, access, site layout, and building design. Revised 2007.2006 Comprehensive Plan Amendment II -51 FWCP — Chapter Two, Land Use LUP176 Subdivisions should be designed at a level of density, site coverage, and occupancy compatible with the physical capabilities of the shoreline and water body. LUP177 Residential development plans submitted for approval should contain provisions for protection of groundwater supplies, erosion control, landscaping, and maintenance of the shoreline integrity. LUP178 Residential subdivisions should be designed so as to .protect water quality, shoreline aesthetic characteristics, vistas, and normal public use of the water. LUP179 Subdivisions should provide public pedestrian access to the shorelines within the development in accordance with public access element of this master program. LUP180 The established velocity, quantity, and quality of stormwater discharge should be considered in terms of the sensitivity of the proposed receiving environment. The disposal mode selected should minimize changes in infiltration, runoff, and groundwater recharge. LUP181 Developers of recreational projects such as summer homes, cabins, campgrounds, and similar facilities should satisfactorily demonstrate: a. The suitability of the site to accommodate the proposed development without adversely affecting the shoreline environment and water resource. b. Adequate provisions for all necessary utilities, including refuse disposal, and the compatibility of the development with adjacent properties and surrounding land uses. c. That recreational opportunity exists on the site and does not depend on adjacent public land to furnish the activity. 2.9 ESSENTIAL PUBLIC FACILITIES Pursuant to the GMA, no comprehensive plan can preclude the siting of essential public facilities and each should include a process for siting essential public facilities. The GMA includes these provisions because siting certain public facilities has become difficult due to the impacts many of these facilities have on the community. In Chapter 22 of the FWCC, the City has defined essential public facilities and provided a land use process for siting them. Essential public facilities include those facilities that are typically difficult to site, such as airports, state or regional transportation systems, correctional facilities, and mental health facilities. Revised 2803 2007 2006 Comprehensive Plan Amendment n'U FWCP — Chapter Two, Land Use Policy LUP182 The FWCC shall include a list of locally defined essential public facilities that shall include the list of essential state public facilities maintained by the office of financial management. 2.10 PHASING Phasing focuses growth to those areas where public investments for services are targeted. By doing so, these areas become more attractive for development. Consistent with the CWPPs, Federal Way proposes to use a tiered system for accommodating future growth. The primary purpose of this technique is to assure a logical sequence of growth outward from developed areas. Future growth will be directed to the City Center and other areas with existing infrastructure and urban services. This will be followed by focusing growth to areas where in -fill potential exists. Lastly, growth will be directed toward areas of undeveloped land or to the City's PAA. For those areas of the City that are lacking services, these lands should be retained or reserved until build out has occurred in developed areas. Based on the phased growth concept outlined above, the City should develop criteria for a phasing plan over the next 10 and 20 years. Phased growth will promote efficient use of land by: • Reducing taxpayers costs by locating new development nearest to existing urban services; • Adding predictability to service & facility planning; • Reducing commuter miles and protecting air quality by locating housing and jobs near each other; • Encouraging in -fill and redevelopment where environmental impacts have already occurred; and • Reserving land for future parks and open space. Policies LUP183 Establish priority areas for public facility and service improvements, especially for transportation. Priority areas should be located where public facility and service improvements would effectively advance Federal Way's growth vision. Revised 2493 2007, 2006 Comprehensive Plan Amendment II -53 FWCP — Chapter Two, Land Use Priority areas will shift over time as improvements are installed and an acceptable level of service is attained. LUP184 When and where service deficiencies are identified, the City, along with service providers, will develop capital improvement programs to remedy identified deficiencies in a timely fashion or will phase growth until such programs can be completed. LUP185 Work with King County through the aeve',,pmen an interlocal agreement to assign phasing to the City's PAA. LUP186 The City should limit spending on capital facilities in those areas of the City and PAA that are not designated as priority areas for capital projects. 2.11 INCENTIVES In certain designations, incentives allowing more development than otherwise permitted should be used to encourage features that provide a public benefit and/or contribute to the mitigation of growth impacts. For example, development in the City Center that provides common open space or affordable housing units, may gain additional floors or a reduction in the number of parking stalls. In addition, in order to encourage development in the City Center, the City has adopted a Housing Tax Exemption for multiple family housing and is has prepared an Envifenfae Mme t 'T-18) a Planned Action SEPA for a portion of the City Center. Incentives can play an important role in the development of the City Center and must be substantial enough to influence market conditions by making them attractive to the development community. Policies LUP187 Develop incentives to encourage desired development in commercial areas, especially in the City Center Core and Frame. LUP188 Consider incentives for desired multiple -family residential development (townhouses, duplexes, etc.). 2.12 HISTORIC RESOURCES Historic preservation involves the identification, maintenance, renovation, and reuse of buildings and sites important to a community's history. Buildings or sites may be Revised 2093 2007 2006 Comprehensive Plan Amendment II -54 FWCP —Chapter Two, Land Use associated with a particular style or period in the community's past, or with historic or significant historic events or persons. Historic preservation to date has largely been undertaken by the Historical Society of Federal Way. Historic preservation is listed as the 13`h goal in the GMM which encourages jurisdictions to, "Identify and encourage the preservation of lands, sites, and structures, that have historical or archaeological significance." Goal LUG15 Use historic resources as an important element in the overall design of the City. Policies LUP189 Identify vista points and landmarks such as major trees, buildings, and land forms for preservation. LUP190 Develop a process to designate historic landmark sites and structures. Use developer incentives or other mechanisms to ensure that these sites and structures will continue to be a part of the community. LUP191 Recognize the heritage of the community by naming (or renaming) parks, streets, and other public places after major figures and/or events. LUP192 Zoning should be compatible with and conducive to continued preservation of historic neighborhoods and properties. LUP193 Safeguard and manifest Federal Way's heritage by preserving those sites, buildings, structures, and objects which reflect significant elements of the City's history. LUP194 Catalog historic sites using the City's geographic information system. LUP195 Undertake an effort to publicly commemorate historic sites. LUP196 The City shall continue to work with the Historical Society of Federal Way towards attainment of historic resource policies. 2.13 IMPLEMENTATION The following actions are recommended to implement the policy direction outlined in this chapter. Implementation will occur over time and is dependent on resources available to the City and community. The following items are not listed in order of importance or preference. Revised 24N 2007.2006 Comprehensive Plan Amendment II -55 FWCP — Chapter Two, Land Use Establish Comprehensive Planning and Zoning for Potential Annexation Area Gempf:ehefisive planning am -Ad -the assignment of Zoning designatti-ens qheuld be e_...,.1ete' F •hr *- A PAA Subarea Plan and Annexation Feasibility Study was prepared in 2003. This will Study provides the City with needed direction relating to future annexations and growth. Planning for this area pursuant to WAC 365-195 requires a considerable planning effort and policy development. An intefleeal agreement betwe Residential Code Revisions for Multiple Family Residential code revisions to implement design standards for multiple -family residential development were adopted in late 1998. Subdivision Code Revisions Amendments to the subdivision code have been adopted to bring the code into compliance with state law and recent state legislation. Revisions to the subdivision code have provided platting options for single-family development, such as clustering and zero lot line development. Area -Wide Rezone Following adoption of the 1995 FWCP, a new zoning map was prepared and adopted to support the comprehensive plan designations. This update includesd some site specific requests for changes to comprehensive plan designations. The zeni g map will b amended to eenfefm to the ehanges in land use designations. The Land Use Plan and Zoning Code Implementation of policies and goals of the Land Use chapter is done in large part through the zoning code. Following adoption of the 1995 FWCP, the City made revisions to the zoning code, consistent with FWCP direction. The zoning conversion chart, Table H-3 (page 554, shows the connection between the various zoning designations and the comprehensive plan designations. Phasing Plan A phasing plan shall be prepared to prioritize areas of new growth based on available and proposed infrastructure improvements. Project Environmental Impact Statement for City Center To facilitate growth in the City Center and Frame, the City should has completed a Planned Action SEPA (PAS). By doing so, development consistent with the direction outlined in the PAS will not have to go through prolonged environmental review. This can be a powerful incentive for private development in the City Center. Subarea Plans Over the years, citizens from various areas of the City have come forth to testify before the Planning Commission and City Council regarding their neighborhood or business area. Development of subarea plans can lead to area specific visions and policies. This type of specific planning, developed with citizen input and direction, can lead to improved II -56 Revised 2800 2007 2006 Comprehensive Plan Amendment FWCP - Chapter Two, Land Use confidence and ownership in the community. Areas where subarea planning should be considered include: SR -99 Corridor, South 348" Street area, the South 356"' area, and Twin Lakes neighborhood. Incentives Develop an incentives program, for both residential and commercial development. Incentives should be substantial enough to attract development and should be used to create affordable and desired types of housing and to encourage development within the City Center. Table H-3 Land Use Classificatinnc Comprehensive. Plan Classification Zoning Classification Single Family - Low Density Residential Suburban Estates SE), one dwelling unit per five acres Single Family - Medium Density Residential RS 35,000 & 15,000 Single Family - High Density Residential RS 9600, 7200, 5000 Multiple Family Residential RM 3600, 2400, 1800 City Center Core City Center Core City Center Frame City Center Frame Office Park Office Park, Office Park 1, 2, & 3 Professional Office Professional Office Community Business Community Business Business Pafk Commercial Enterprise ess�a Commercial Enterprise Neighborhood Business Neighborhood Business Corporate Park Corporate Park -1 Commercial Recreation Office Park -4 Open Space & Parks A variety of zoning is assigned. 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F a �2 Ean"' ••e •.• dej 'C ' t y�� � L� l - •• 1 1.: 2a• 1i 'IIS u S "b)t6iI- Al �mIV 7 41)\� ,�.PlAt 4Rd � i ti'All . ✓i Ok -' 9 - ¢�f . w� 1L. C�o •�,J// � ,jam//, � ..� � CHAPTER FOUR - ECONOMIC DEVELOPMENT 4.0 INTRODUCTION The Growth Management Act (GMA) includes economic development as one of its basic goals and it is a theme that runs throughout the GMA. It considers the need to stimulate economic development throughout the state, but requires that these activities be balanced with the need to protect the physical environment. It encourages the efficient use of land, the availability of urban services, and the financing strategies necessary to pay for infrastructure. Finally, the GMA mandates that communities do their planning and then provide the zoning and regulatory environment so that appropriate development can occur. It recognizes that while the public sector can shape and influence development, it is the private sector that generates community growth. The Puget Sound Regional Council (PSRC) has also adopted region -wide goals and objectives to guide multi jurisdictional transportation and land use policies that will be implemented through local comprehensive plans. Economic development is implicit in many of the goals and objectives of VISION 2020. The VISION 2020 strategy emphasizes that continued economic stability and diversity is dependent upon public and private sector collaboration to identify needs, such as infrastructure and land, and to invest in services that will promote economic activity. VISION 2020 also emphasizes that the stability of the regional economy increases when it develops and diversifies through the retention and strengthening of existing businesses and.the creation of new business. King County, through its growth management planning policies and process, re- emphasizes the economic development implications of growth management. The Countywide Planning Policies (CWPPs) promote the creation of a healthy and diverse economic climate. The CWPPs describe the need to strengthen, expand, and diversify the economy. They encourage protection of our natural resources and enhancement of our human resources through education and job training. The CWPPs also speak to the need to make an adequate supply of land available for economic development by providing necessary infrastructure and a reasonable permitting process. Within this policy framework, Federal Way has outlined a vision of its economic development future. Its vision is to transform itself from largely a bedroom -community of Seattle into a diversified, full-service, and self-contained city (Map IV -1, located at the end of the chapter). However, in doing so, it is important to remember that Federal Way is part of the larger Puget Sound economy, and therefore, this transformation will depend in large part on the market forces at work within the greater region. To achieve this vision, the City must diversify its employment base by adding more professional and managerial jobs, and by increasing the overall number of jobs in order to improve the balance between jobs and households in the City. The potential is there. Federal Way's unique location between the two regional centers of Seattle and Tacoma, both with large concentrations of population and large, successful ports, and its relationship within the FWCP — Chapter Four, Economic Development Central Puget Sound region represent significant opportunities. The City is also home to -Weyer-haet ser -'s CeFpefate Headquai4er-s, leeated within East Campus, and the West prominent regional national and international businesses. Headquarters for Fortune 500 corporations such as timber giant Weyerhaeuser and internationally known World Vision, are located in Federal Way. Federal Way is also home to St. Francis Hospital, which was named one of the top 100 hospitals in America. In addition, the City holds unique regional attractions for entertainment and recreation, such as Celebration Park, King County Aquatic Center, and Six Flags Enchanted Parks/Wild Waves The City's economic development vision is based on the following: 1) economic and demographic analysis; 2) market analysis of long-term real estate development in Federal Way; 3) synthesis of real estate and development trends in the Central Puget Sound area; and 4) -_______ and eewanent ffem the Planning Commissien the City's vision for the future of Federal Way. 4.1 SUMMARY OF EXISTING CONDITIONS AND TRENDS Revised 2003 2007 2006 Comprehensive Plan Amendments iv -z ,- - ..NFRTr,., :. �. • - ., • Revised 2003 2007 2006 Comprehensive Plan Amendments iv -z FWCP — Chapter Four, Economic Development General Patterns of Existing Development Previous development trends indicate that the non-residential areas of Federal Way reflect a community that has the ability to absorb higher density (more compact) uses and greater development as growth in the Central Puget Sound region continues. And even though Federal Way is a new city in a suburban area, much of its future will be tied to redevelopment and transformation. Federal Way is characterized by: • High-quality single- and multiple -family residential areas Revised 2893 2007, 2006 Comprehensive Plan Amendments IM - - ee ATAT PIMPWRTMIFAFATATA in •Mn WN. IMM ee I ee _ M.MMIT.•. e _ Nowr. General Patterns of Existing Development Previous development trends indicate that the non-residential areas of Federal Way reflect a community that has the ability to absorb higher density (more compact) uses and greater development as growth in the Central Puget Sound region continues. And even though Federal Way is a new city in a suburban area, much of its future will be tied to redevelopment and transformation. Federal Way is characterized by: • High-quality single- and multiple -family residential areas Revised 2893 2007, 2006 Comprehensive Plan Amendments IM FWCP — Chapter Four, Economic Development • A range of housing that includes very modest tmet homes, manufactured dwellings, and large luxury waterfront homes • Auto -oriented, suburban scale regional and community shopping centers and strip centers • Corporate headquarters • Two high-quality business and office parks—West Campus and East Campus • Little developed space for quality business, flex -tech, and office parks • Semi -rural areas, wildlife areas, truck stops, areas without utilities, and much vacant open space • Recreation/amusement parks • A waterfront primarily occupied by high-quality homes, but not particularly accessible to the public • Many marginal commercial areas with redevelopment potential along Pacific Highway South (SR -99) that are vestiges of a prior era Demographics Federal Way historically has been primarily a suburban, bedroom community. It has more households than jobs and as a result, provides more workers to the region than it attracts. However, since the City's incorporation, this balance between homes and jobs has shifted. Based on US Census data, the City's residential population grew by 23 percent from 67,554 in 1990 to 83,259 in 2000, while the City's covered employment has grown by 44 percent from 21,756 in 1990 (as reported by the 2001 King County Annual Growth Report) to 31,315 in 2000 (PSRC's 2000 Covered Employment Estimates). These figures indicate that during the past decade the City has begun to shed its "bedroom community" status, with more opportunities for residents to stay within Federal Way for their employment, as well as becoming more of an employment destination for residents from beyond Federal Way. The 2000 Census information shows that Federal Way's median income levels have grown substantially since 1990, with the City leading the South King County cities in the percentage of wage-earning households, as well as median household income. The 1990 Census reported median household income at $38,311. The figure grew by 29 percent over the decade leading to the 2000 census, with a median household income reported of $49,278, which is higher than the median household incomes of any of the other major South King County cities (Renton, Kent, Burien, Auburn, Tukwila, and SeaTac), as well as Seattle. Revised 2083 2007 2006 Comprehensive Plan Amendments IVA FWCP — Chapter Four, Economic Development Moreover, it is interesting to note that the median household income of wage-earning households (which comprise 87.3 percent of all Federal Way households) was reported at $57,748. This median household income figure is also higher than that of any of the other major South King County cities, as well as higher than the South King County's average of $55,637. Similarly, Federal Way's percentage of wage-earning households (87.3 percent) is higher than any of the other major South King County cities (which range from 79.9 to 86.8 percent). As a result, and given the City's large population, Federal Way has the highest annual gross income of any of the South King County cities. However, Federal Way and the South King County cities continue to lag behind the East King County cities in terms of median household income, which range from $60,332 in Kirkland to $66,735 in Redmond. Federal Way's Regional Role Federal Way is optimally located at a mid -point in the Seattle -Tacoma metropolitan region at the intersection of I-5 and SR -18, with easy access to the Port of Tacoma, Port of Seattle, and SeaTac International Airport. Federal Way's location is a prime asset as traffic congestion and concerns over personal and freight mobility within the region become paramount issues for commerce and industry, as well as commuters. Nevertheless, the economic boom of the past decade has largely been concentrated in the Eastside communities, Downtown Seattle and South Snohomish County. However, with changes in the high-tech industry, increasing traffic congestion,soaring housing prices, and increasing limits to growth in those areas, the "Southend bias" may become a thing of the past, leaving Federal Way in an even better position from a regional perspective. Economic Base Federal Way's retail base is diverse and attracts customers from outside the City limits. Its market share, however, is relatively low compared to other Southwest King County communities. Although Federal Way retailers capture a good deal of the City's primary and secondary market expenditures for general merchandise and food trade, a high percentage of the local populace goes elsewhere to shop for automobiles, apparel/ accessories, miscellaneous retail purchase, building material, and furniture. Overall, the capture rate for retail sales as a function of the City's primary and secondary trade area total retail expenditures is relatively low, about 51 percent (Federal Way City Center Market Analysis, prepared by ECO Northwest, July 2002). As can be seen from this the data in Table IV 1, in 200 2006, Federal Way's strongest employment sectors were Finance, Insurance, and Real Estate, Services and Retail, which exceed the c-eun e the South King County averages eensidefabl-y. The City had noticeably fewer jobs than average in the Manufacturing and Wholesale, Transportation, Communications, and Utilities sectors. Based en a �- t _ e.«., .� the o pleyi-nent seete-, those number -s may be lower- teday. Manufacturing, jobs are strong in Kent, Auburn, Renton, and Tukwila. Transportation jobs are strong in Kent and retail jobs are strong in Federal Way and Tukwila. Revised 2093 2007 2006 Comprehensive Plan Amendments IV -5 'A 00 1100 V As can be seen from this the data in Table IV 1, in 200 2006, Federal Way's strongest employment sectors were Finance, Insurance, and Real Estate, Services and Retail, which exceed the c-eun e the South King County averages eensidefabl-y. The City had noticeably fewer jobs than average in the Manufacturing and Wholesale, Transportation, Communications, and Utilities sectors. Based en a �- t _ e.«., .� the o pleyi-nent seete-, those number -s may be lower- teday. Manufacturing, jobs are strong in Kent, Auburn, Renton, and Tukwila. Transportation jobs are strong in Kent and retail jobs are strong in Federal Way and Tukwila. Revised 2093 2007 2006 Comprehensive Plan Amendments IV -5 FWCP-Chapter Four, Economic Development Table IV -1 2006 Employment Estimates Federal Way and King County Employment Category Pedes! Way EFnployees Gountywide Employees South King 4-,0-19 4- PM 69;949 Finanee, 7 a Real 1 L slate 440- 4 (-393°M ManufaetuFing 3,403 ' Retai e,45.9(2&v) 44", -5-7 Wholesale, >4-,606 (C� -^-( r1 sQ ,v7 158,3w `4 Mi "in 0 0% Govermpent ,44 (476%) gG-,5Q 9%) Total 3133 �>e" > " n Table IV -1 2006 Employment Estimates Federal Way and King County Employment Category Federal Way Employees Percentage of Total Employees South King Percentage of Countywide Employees Percentage of County Em to ees Total Employees Total Em to ees Agriculture, Forestry & 50 0.13% 1,486 0.5% 10,512 0.84% Fishin Mi "in 0 0% 238 0.08% 247 0.02% Construction 1,467 3.77% 12,085 4.03% 53,201 4.23% Manufacturing 4,667 12.00% 64,192 21.42% 142,501 11.33% Transportation, Communication & 1,853 4.76% 39,491 13.18% 81,665 6.49% Utilities Wholesale Trade 1,332 3.43% 18.575 6.2% 66,811 5.31% Retail Trade 8.765 22.54% 59,503 19.85% 261,213 20.77% Finance, Insurance & 4,611 11.86% 15,603 5.21% 94,608 7.52% Real Estate Services 14,724 37.86% 75,091 25.05% 487,999 38.80% Public Administration 899 2.31% 10.295 3.43% 45,552 3.62% Non -Classifiable 410 1.05% 3,169 1.06% 13,149 1.05% Establishments Total 38,889 100% 299,728 100% 1,257,571 100% Source: South King County Economic Engine prepared by Hebert Research Inc September 2006 Revised 2003 2007 2006 Comprehensive Plan Amendments IV -6 FWCP — Chapter four, Economic Development Market Share Industrial and business park space available to rent in Federal Way is a minuscule share of the Southend/Green River/Seattle market area. The South King County industrial area (including industrial parks, business parks, and flex -tech hybrid business/office parks) is currently the strongest real estate market in Western Washington. The industrial areas of south Seattle, Green River Valley, and Fife/Tacoma constitute one of the strongest markets for industrial, warehouse, wholesale, distributing, etc., businesses in the Western United States. The City of Federal Way is in a strategic position to capitalize on these markets by providing prime office space and room for new office development, as well as quality housing. Retail and lodging Development Developed and opened in 1975, the Se Tae the Commons was the primary force behind the growth of retail in Federal Way during the 1980s. After a period of some decline in recent years, tae -Mall the Commons is currently a prime candidate for updating, redevelopment and/or repositioning to acquire a stronger market position. In 1995, Pavilons Centre replaced the old Federal Way Shopping Center, and in 2001 the Pavilions Center Phase II came on line, with more development at that location yet to come. In 1998, SeaTac Village was given a complete face-lift incorporating the City's commercial design guidelines. In addition, in the late 1990s, a new Walmart store moved into the City Center Frame, and there have been several renovations and remodeling of existing retail structures, including the conversion of the old Safeway building at the southwest comer of South 320`h and Pacific Highway into Rite Aid and the old K -Mart into Safeway. Within the last two -•��-�, In early 2000, a 45,000 square foot Best Buy has opened in the City Center Frame and a 52,000 square foot Albertson's remodel has occurred in the Community Business zone along Pacific Highway South. Between 1995 and 2000, four hotels/motels have been constructed in and around the City Center. These include Holiday Inn, Courtyard Marriott, Extended Stay, and Comfort Inn. In addition, a Holiday Inn Express and Sunnyside Motel (Travel Lodge) have been built south of the City Center along Pacific Highway. Hawthorne Suites, a 65 unit Country Inn, has been recently constructed along Pacific Highway South in the Community Business zone south of the City Center. In 2006 and 2007, that portion of the Community Business zoned area located between South 344`h and South 356"' and Pacific Highway South and I-5 experienced both new constructed on previously developed parcels 21 acres and 17.62 acres in size, respectively. The Federal Way Marketplace is a multi -tenant complex consisting of 295,000 square feet of commercial uses, including a 223,000 square -foot Wa1Mart Supercenter, banks, sit down and drive-thru restaurants office and storage uses. The Revised 2003 2007, 2006 Comprehensive Plan Amendments IV -7 FWCP — Chapter Four, Economic Development Federal Way Crossing is a 224,500 square foot multi -tenant complex with retail, commercial small offices and restaurants; and Lowe's is a 169,000 square foot home improvement warehouse and garden center. Office Development Federal Way's East and West Campus Developments set a standard in the region as two of the best examples of master -planned office campuses in the Pacific Northwest. The quality of development in this area is decidedly different than elsewhere in Federal Way and Southwest King County. Within the last two years tThe majority of new office development has been located within Federal Way's East Campus, which has seen the following development: Foss Office Building at 108,000 square feet; Capital One Office Building at 143,000 square feet; and Federal Way Office Building and Warehouse at 70,767 square feet. Currently, there is an additional 105,342 square feet of office (East Campus Terrace) under construction. Since incorporation, Tthe West Campus area has seen little new office development. Although pPermits have had been issued, but not picked upfor- additional effieee �wrA in «,-e I'Vest G m due to rising vacancy rates. the fe have st..»ea additional:development f r the near- �� However, there has been recent increased interest in office development with an additional 27,575 square feet of office under construction in 2006-2007. In the City Center no new additional office development has occurred since the last comprehensive plan update, and office buildings continue to constitute a minority of the City Center's development. ll Business PQFk (Light IndUStFiall) Development Commercial Enterprise There has been no substantive Business Park development since the City's incorporation. This lack of recent Business Park development suggests the influence of market forces outside of the City limits, where cheaper land and established industrial parks act as a draw for prospective business park development. As a result the City has adopted a new zoning designation the Commercial Enterprise (CE) designation which replaces the former Business Park (BP) zoning designation The CE designation was created in order to meet changing market conditions as indicated by City market studies and by numerous rezone requests The CE designation is intended to capture the demand for a diverse mix of industrial office and retail sales and services arrayed in well integrated, high quality developments Housing is not contemplated for this designation as it is incompatible with the predominant uses and character of the area i.e. bulk retail, manufacturing, warehousing and related impacts such as building bulk and scale oversized commercial vehicle traffic and outdoor storage. Revised 2803 2007 2006 Comprehensive Plan Amendments iv -a FWCP — Chapter Four, Economic Development Residential Development One of Federal Way's strengths is the range and quality of its housing stock. The quality, quantity, and range of options for housing are major factors in business siting decisions. According to the 1990 US Census data, the median value of owner -occupied homes in Federal Way was $118,800. In contrast, the average sales price of Federal Way owner - occupied homes in 2001, as reported by the King County Office of Regional Policy and Planning, was $194,092, with single-family homes averaging $213,060 and condominiums averaging $112,135. These figures contrast with other King County cities, as outlined in Table IV -2. Table IV --2 2001 Average Sales Prices of Owner—OCCu ied Homes in Ving Countv Place All Homes Single -Family Condos Federal Way $194,092 $213,060 $112,135 Auburn $197,965 $216,549 $124,089 Renton $215,341 $248,271 $149,608 Kent $198,844 $222,580 $142,577 Des Moines $206,379 $207,302 $202,142 Seattle $318,671 $342,922 $240,619 King County $295,158 $321,700 $198,822 As one can see from the above data, homes in Federal Way are generally more affordable than in the immediately surrounding communities and are far more affordable than homes in Seattle and the Eastside communities. While single-family houses remain Federal Way's dominant housing type, the majority of housing starts since the late 1980s were multiple -family. Multiple -family units as a percentage of all housing units increased from less than 10 percent in 1970 to nearly 40 percent in 1990. During the late 1980s, there were twice as many multiple -family housing units constructed in Federal Way than single-family housing units. From 1990 to 1992, permitting of multiple -family construction stopped, and single-family construction slowed to about one-third of late 1980 levels. It is interesting to note than in 1990 median monthly rental rate for Federal Way was $476, while the median monthly rental rate for King County communities varied between $398 and $458. That is, Federal Way's multifamily housing stock was on the higher end of cost within the region. Since then, Seattle and some Eastside locations have become particularly expensive, and Federal Way's multifamily housing stock is substantially more affordable than those locations, while averaging competitively with nearby communities, as seen in Table IV -3 (page 9). Since 1996, the vast majority of multi -family housing development has taken place in the senior/assisted living market. During that time approximately 792 senior or assisted housing units have been added in the City, in addition to 240 skilled -care beds. This is Revis2007,ed Comprehensive Plan Amendments IV -9 FWCP — Chapter Four, Economic Development compared with approximately 135 non -senior multifamily housing units. The lack of multi -family construction beyond this sub -market speaks to the recent market forces that appear to have discouraged investment in market rate multi -family development that commands lower rents than the King County average, as seen above. In order for the City to successfully encourage multi -family housing at a rate commensurate with the long range housing targets established under the GMA, City policy must address the market factors unique to this type of development activity. Table IV --3 Avera a Multi- mily Rents Fall 2006 Place Two Bedroom/ One Bath All Units Federal Way &74-0 $726 P49 $757 Auburn SW -IL 2 &7-1•6 -$768 Renton S&4 809 U69 $862 Kent P14 $733 $47 $765 Des Moines &791- $731 $686 $713 North Seattle 5832 843 X87 $791 Queen Anne $x,1.94 $1,110 $923 $933 Bellevue -West i>29 $1,172 X98 $1,208 King County `6839 $868 $949 $920 Source: Dupre + Scott 1 to 19 Unit Apartment ReportApril 2006 Institutional, Educational, Cultural, and Recreational Development Federal Way enjoys a variety of affordable, high-quality health care. The City boasts three outstanding health care facilities, St. Francis Hospital, Virginia Mason Clinic, and Group Health. These facilities continue to grow and expand in the services they offer the region. L4 the last twe yeaf.. Between 2000 and 2002, Virginia Mason has developed a 30,000 square foot building addition, and St. Francis Hospital is-euffeat4y constructirtged a 62,000 square foot addition. Built in 1998, the Knutzen Family provides a venue for professional theatre and the symphony. The Federal Way Parks, Recreation, and Cultural Services Department offers a summer concert series at Steel Lake Park, which is also home to the annual Family Fest celebration. Each year, Federal Way's July 4th Red, White, and Blues festival is held at Celebration Park, where the nationally acclaimed tournament soccer and baseball facilities draw additional tourist activities. Federal Way offers a number of collegiate and vocational opportunities. Highline Community College operates a local branch campus in Federal Way. The Eton Vocation College, located in the heart of Federal Way, is a vocational college focused on job training for today's competitive market. In 2001, the DeVry Institute of Technology opened their first Northwest Campus in Federal Way. This 100,000 square foot facility provides technology training customized to increase employee workplace skills. Revised 2003 2007 2006 Comprehensive Plan Amendments IV -10 FWCP — Chapter Four, Economic Development Summary In summary, Federal Way's role in both the Central Puget Sound area and Southwest King County has been defined by its inventory of prime office space in campus -like settings, wide variety of retail and services, and large stock of quality housing. These basic sectors are enhanced by Federal Way's regional role as a center for amateur athletics. Much of the highway oriented commercial space that was developed in the 1970s and 80s in response to rapid population growth has been starting to undergo redevelopment, and this trend will continue. The West Campus and East Campus areas serve as models for the quality of modern commercial, office, and business park space Federal Way will need in order to attract its share of future regional growth. Urban design and infrastructure in other areas of Federal Way must be brought up to these standards. In addition, the existence of large parcels of land ownership in the 3440h/356`h area and 312"h/324 1h area of the core corridor will give Federal Way a development advantage. Federal Way will continue to foster the development of institutional and cultural amenities designed to enhance the City's regional image as a desirable community offering a high quality environment for living and working. Federal Way's Competitive Position in Southwest King County Subregion While many of the development patterns are set in the Southwest King County subregion, Federal Way and five other cities have seen, or will see, significant change. These additional five cities are Auburn, Kent, Renton, SeaTac, and Tukwila. Table IV -4 (page 11-) encapsulates each of these cities' current market niches, as well as their opportunities and challenges, in order to help understand how Federal Way relates to its neighbors. As can be seen in the table, much of the area surrounding Federal Way is dedicated to industrial, light manufacturing, low -scale office parks, wholesale/warehouse, distribution, etc., especially in Auburn and Kent. Much of this is not in direct competition with Federal Way. Tukwila is the major retail center for South King County and provides the region's stiffest competition for regional retailers and retail establishments, such as department and furniture stores, specialty apparel, etc. While the trade area for Tukwila's retail sector is large, Federal Way lies at the most distant point in South King County from the Tukwila/Southcenter retail center, and its trade area overlaps or competes the least with Tukwila. The City of SeaTac provides little competition in the office, industrial, and retail sectors, but has successfully captured the airport -related lodging industry, with several higher -quality establishments, including conference facilities. Renton has historically had a strong economic base tied to the Boeing Company, with both healthy manufacturing and office sectors; however, both of these sectors have seen a substantial weakening with the Boeing Company headquarters relocation, work force lay- offs, and space consolidation. Auburn and Kent have also experienced a substantial increase in vacant light -industrial building space due to Boeing Company reductions. Notwithstanding relative levels of competition from other communities in specific commercial sectors, Federal Way does experience a "competitive" relationship with several nearby municipal governments that must be taken into account. The City of Renton is a recognized leader in the county with respect to economic development, with a Revised 2903 2007, 2006 Comprehensive Plan Amendments IV -11 FWCP — Chapter Four, Economic Development particular focus on downtown redevelopment and economic diversification. That city has invested public funds in land assembly projects that have attracted substantial residential, mixed-use, and auto dealership developments. Following Renton's lead are the communities of Kent and Tukwila, which have also targeted key redevelopment opportunities, acquiring/assembling land and attracting desired mixed-use development. Similarly, Renton and Kent provide tax incentives for certain residential development and provide other financial incentives to desired redevelopment projects. In addition, Tukwila, Renton, and Kent have made substantial personnel and facilities investments in improving customer service and turn -around times associated with development permits. In addition to these five cities in Southwest King County, Tacoma is an important competitor to Federal Way. Tacoma is an older city that has made many efforts to improve its downtown and image for more than a quarter century. Tacoma city government has an aggressive economic development mission and is recognized regionally and nationally as a leader in the field. It has continually devoted its own funds, as well as state and federal grants, to stimulate economic development. Tacoma has a strategic location on the highway system and a strong port with much unrealized potential. In addition, both the city and suburbs have vacant and redevelopable land, as well as relatively cheap accessible land for residential development. Table IV -4 Summary of Economic Conditions in Southwest King County Cities Revised 2003 2007 2006 Comprehensive Plan Amendments IV -12 Auburn Federal Way Kent Renton SeaTac Tukwila Current -Industrial areas -Regional mall -Industrial land -Business parks -Airport related -Regional retail Niche -Vacant land -West Campus -Boeing -Mid-rise office -Redevelopable land -Boeing -Regional mall -East Campus -Business parks -Mid-rise office -Redevelopable light -Weyerhaeuser Hdq -Vacant land -Mid- and high-rise industrial -Vacant land & lodging and -Mid-rise office redevelopable land conference centers -Mid-rise and high- rise lodging and conference centers Opportunities -Commuter rail -Weyerhaeuser -Boeing facilities -Boeing & -Adjacent to SeaTac -Strong retail identify -Established office, -West Campus -Commuter rail PACCAR=s mfg. & Airport & concentration business parks, & -East Campus -Established office, office complex -Major HCT -Redevelopment industrial areas -Large concentration business parks & -Mid-rise buildings Stations planned potential -Cross-valley lnwy of retail industrial areas -Potential -One large strategic -Location at cross - connector planned -Land assembled for -Cross-valley hwy redevelopment parcel assembled roads 1-405/1-5 redevelopment connector planned areas -Future hwy — cross- -Boeing office/mfg -Central location -Strengthening -Strengthening roads (I-5 & complexes between downtown downtown SR509) from -Proximity to SeaTac Tacoma & Seattle -New Permit Center -Strong economic Seattle will open Airport & to Port of -1-5/SR 18 and investment in development focus acres for office and Seattle crossroads development -City partnership business parks -Commuter rail -HCT stations review resources with private sector unanticipated (Opportunity for -City partnership in redevelopment -Permit process rec- downtown with private sector ognized for speed development in redevelopment oftumaround -City partnership with private sector in redevelopment Challenges -Distance from 1-5 & -Dispersed -Industrial image -Limited retail -Adjacent to SeaTac -Limited vacant land major economic development -No prospect for attractions Airport for business & concentrations pattern HCT -Limited land for -Massive office parks -Low-scale -Not on commuter -Off-center location business & office redevelopment -Freeway access not development rail on SR 167 parks required easy or obvious -Off-center location -Small land holdings -Not anticipated to -Land assembly -Limited vacant land -Wetlands in CBD be on HCT line required -No obvious center or -Reduction in Boeing -Wetlands -Off-center cross- -Not on commuter focal point within presence; vacant -Reduction in Boeing roads (1-405 & SR rail Tukwila buildings presence; vacant 167) -Limited quality -Limited quality buildings -Reduction in Boeing -residential supply -residential supply presence; vacant -No obvious center buildings or focal point Revised 2003 2007 2006 Comprehensive Plan Amendments IV -12 FWCP — Chapter Four, Economic Development In summary, any program of economic development for Federal Way must monitor conditions and trends in Tacoma and Southwest King County, and act decisively and aggressively to increase the City's strategic position. Summary of Achievements Although the City of Federal Way's economic development efforts are relatively new, several important accomplishments in formulating the City's economic development strategy have already been accomplished. • The City of Federal Way/Federal Way Chamber Economic Development Committee meets monthly to discuss and develop economic development strategies and maintain a close and cooperative working relationship. • The City has developed Celebration Park which, in addition to the recreational amenities for City residents, includes tournament -quality soccer and softball facilities that attract players and tournaments from throughout the Pacific Northwest, thereby contributing substantial economic activity to Federal Way through expenditures for lodging, shopping, dining, and other services. • In 2001 the City officially incorporated an Economic Development Division within the Community Development Services Department and hired a Director. • With increasing lodging tax revenues, the City of Federal Way Lodging Tax Advisory Committee has expanded its work plan to include more direct efforts to stimulate tourism and visitorship to the City. The City has embarked on a concerted effort, led by senior management, to improve permit processes and reduce regulatory hurdles to development. In 2001, the City worked collaboratively with the Federal Way Chamber and other stakeholders to raise the thresholds that trigger right-of-way improvements associated with redevelopment, remodeling, and reuse of existing buildings. In 2002, the City lis embarked upon a permit -process improvement effort that includes a public stakeholder advisory committee and study of best practices from around the region, and is intended to place Federal Way at the forefront of regional municipalities in regulating land use and construction effectively and efficiently. • In 2006, the City adopted a Planned Action SEPA for a sub -area of the City South and on the east by 23' Avenue South. The Planned Action designation Revised 2903 2007.2006 Comprehensive Plan Amendments IV -13 FWCP — Chapter Four, Economic Development aqpplies to proposed residential retail office hotel civic, and structured parking development falling within the development envelope analyzed in this EIS. The Planned Action SEPA and increased heights for mixed-use buildings containing _multi -unit housing in the City Center Core and City Center Frame adopted in 2006 is expected to encourage construction of multi -unit housing in the City Center area. 4.2 THE ECONOMIC DEVELOPMENT VISION FOR FEDERAL WAY The vision for economic development in Federal Way can be encapsulated into four basic areas: 1) to retain existing businesses and attract new businesses in order to build a diverse economic base; 2) to increase the number of jobs within the City relative to the population of City residents within the labor force; 3) to foster redevelopment of the City Center from a low -scale, suburbanized commercial area to a full-service, high-density, mixed-use, and more pedestrian -friendly urban core and community focal point; and 4) to build upon and expand the City's recreational and cultural assets to increase visitors to the City and encourage greater visitor spending within the local economy. The strategy encourages or accelerates the trends and transformations that are already occurring in this community. The major objectives of the strategy include the following: • Provide a better balance between housing and jobs by increasing the number of jobs within the City relative to the number of households. • Diversify the economic base by encouraging higher paying white collar and technical jobs while preserving and enhancing the strong retail base. • Generate more demand for hotel room -nights through growth in office and business part space. • Foster horizontal commercial mixed-use employment sector growth in the South 348'h Street area in the neap mid-term (2000 2005) (2005-2010). • Foster continued Corporate and Office Park employment sector growth in East and West Campus in the mid-term (2000-2010). It should be noted that East Campus has recently been experiencing a high rate of growth and may reach build out during this time period. • Emphasize private redevelopment and land assembly through the I-5/SR-99 corridor, especially in the City Center, as well as the 348`" and 336"' areas. • Redevelop and improve the quality of the commercial and residential mixed use development along Pacific Highway South from South 272nd Street to South 3-"' 35e 339' Street (2000-2010). Revised 2= 2007 2006 Comprehensive Plan Amendments IV -14 FWCP — Chapter Four, Economic Development • Redevelop and improve the quality of the commercial and light industrial mixed use development along Pacific Highway South from South 272"d 339`h Street to 356``' 359`h South Street (2000-2010). • Foster mid -rise high-rise, mixed-use employment sector growth in the City Center Core with relatively lower height and density in the City Center Frame (2000-2020). • Encourage quality development throughout the City to attract desirable economic development in Federal Way. • Maintain and improve the quality and character of the existing residential neighborhoods. • Promote high quality, higher density residential neighborhoods in the City Center and Highway 99 corridor in close proximity to jobs and good public transportation. • Continue to work with the lodging providers to promote year-round vistorship to the City to encourage visitor spending as an important component of a growing local economy. • Work with other agencies to provide services for education and training, as well as social services and other remedial programs for the underemployed and the unemployed. Future. Regional Role for Federal Way • Encourage greater diversity in the economic base by aggressive pursuit of a broader range of the components of the regional economic activity, as well as greater participation in international/Pacific Rim economic activity. • Increase its share of local resident -serving retail and services, and increase its share of regional, national, and international oriented business firms. • Increase its capture of region -serving office development. • Emphasize private redevelopment and land assembly through the I-5/SR-99 corridor, especially in the City Center, as well as the 348`h and 336`h areas. • Strengthen the City Center as the City's focal point for commercial and community activities. Transform the City Center into a regional commercial destination, as well as a major transit hub. • Generate more demand for hotel room -nights through growth in busifiess paf!E �a ^r�aee the commercial- office, and industrial sectors, as well as recreational and cultural amenities that draw visitors from throughout the Pacific Northwest and beyond. Revised 2803 2007, 2006 Comprehensive Plan Amendments IV -15 FWCP — Chapter Four, Economic Development • Take advantage of its location with respect to the Ports of Tacoma and Seattle, as well as the SeaTac International Airport. • Public and private sectors in the Federal Way area act cooperatively and aggressively to attract firms from throughout the region, the nation, and other countries. • Actively pursue relationships with areas in- other parts of the Pacific Rim region for trade, commerce, and cultural advantage. • Actively pursue cooperation and collaboration with other nearby municipalities, organizations, and firms to market Federal Way and South King County for technology -related enterprises. Retail Areas • SeaT-ae Mail The Commons and other regional retailers within the City redevelop/reposition to meet changing consumer demand and become more competitive with other regional retailers. • High-volume retail in Federal Way increases faster than population. • Growth in resident -serving retail occurs in the City Center, existing commercial nodes, new nodes around the I-5/South 3200' and I-5/SR 18 interchanges, and in redevelopment areas along SR -99. • Neighborhood scale retail development keeps pace with population growth and to an increasing extent, is accommodated within mixed-use buildings in more concentrated neighborhood villages. • Pedestrian -oriented retail development emerges gradually in the redeveloped City Center. • Small amounts of retail use occur on the ground floor of offices, residential buildings, and parking structures. •. Neighborhood scale retail development in concentrated neighborhood villages emerges in response to growth in multiple -family concentrations in the I-5/SR-99 corridor and new single-family development on the east side of 1-5. • Old, outdated strip centers along the SR -99 corridor redevelop as a mix of retail, office, and dense residential uses. Revised 2003 2007 2006 Comprehensive Plan Amendments IV -16 FWCP — Chapter Four, Economic Development Office Development • Offices of regional, national, and/or international firms locate in West Campus, East Campus, and the City Center. • Garden, high-rise, and mid -rise office space, and modern light -industrial buildings increase rapidly in areas with land assembled for business parks and in redeveloped retail areas. • Office development is integrated with retail, residential, and or business parks. • Federal Way attracts more corporate regional headquarters and regional offices. • Smaller, older, outdated office structures are replaced with newer uses. • Integrated, campus -like high amenity areas are encouraged for corporate headquarters and modern research/development of high technology uses east of I-5. • Development of technical and research space increases in East and West Campus. • Federal Way attracts more high-tech firms and firms whose business is related to high-tech industries. Business PQFk (Light industrW Commercial Enterprise Development • Business pad Areas designated Commercial Enterprise contain a mix of uses in and among buildings as dictated by the market for high quality space. • The City should e pl a potential eh es to the Business Parr Commercial Enterprise zoning designation is intended to meet changing market conditions and make the development in this zone more economically viable. Residential Areas • High quality residential areas are important for attracting and retaining businesses. • A range of housing types, densities, and prices allow the broad spectrum of employees to live near their work and recreation. The City of Federal Way encourages integration of high density housing with retail and other uses, especially along SR -99, north of South 339`h Street, and in the City Center. Revised 2003 2007, 2006 Comprehensive Plan Amendments IV -17 FWCP — Chapter Four, Economic Development Institutional, Educational, Cultural, and Recreational Development • The City of Federal Way will continue to work closely with existinginstitutional entities (such as St. Francis Hospital, Federal Way School District, King County Library, etc.) as important components of a full-service local economy. • Federal Way's reputation as an important center for amateur sports competition and participation grows stronger, leading to potentially new facilities and venues, as well as increased visitorship and visitor spending in the local economy. • Federal Way's cultural assets increase in both scope and number, gaining greater patronage and attracting visitors from beyond the City limits. New cultural establishments are developed in Federal Way, such as museums, exhibitions, and performance venues. Likewise, new cultural events become established in Federal Way, such as music festivals, art shows/festivals, etc. • Stimulate quality development of region -serving institutional and technical facilities. • Existing recreational amusement facilities continue to develop as regional tourist attractions. • The City of Federal Way creates working partnerships with institutions of higher education in order to encourage and support their expansion and further integration within the Federal Way economy, as well as to identify and exploit increasing opportunities for economic development. 4.3 FORECAST OF ECONOMIC GROWTH IN FEDERAL WAY The growth forecasts used in this chapter are derived from the 2000 Market Analysis and 2002 City Center Market Analysis, prepared by ECONorthwest, while other chapters are based on the PSRC regional forecasting model. In summary, probably the strongest sector in the near-term (five years) will be the retail/ services sector. About 1.5 million additional square feet of retail tenant space may be expected during the next 20 years, with commercial areas throughout the City and the City Center alike sharing in the development. One particular sector that appears under- represented is the quality restaurant sector, in which the City will likely see additional development. Demand for new office development will likely be somewhat low in the near term, as office vacancies have risen substantially and rents have correspondingly fallen, region - wide. In addition, several office buildings, particularly in the West Campus area, exhibit substantial vacancies that can readily absorb near-term demand in the City. Nevertheless, the long-term picture looks good, with continued demand for and interest in office space in Federal Way, particularly in the East and West Campus areas. City Center office IV -10 1° Revised 2902 2007 2006 Comprehensive Plan Amendments FWCP — Chapter Four, Economic Development development will likely lag behind for most of the planning horizon. However, generous zoning, panoramic views, and proximity to the freeways and transit may start to make the City Center a more attractive location for mid- to high-rise office development in the 10 to 20 -year time frame. With regard to housing, only a small amount of land remains in the single-family zoning districts to accommodate new single-family dwellings. As a consequence, the vast majority of new residential development will have to take the form of townhouses, small lot subdivisions and cottage housing walk-up apartments, mid -rise apartments, and mixed-use buildings and/or high-rise residential buildings. As with the condition for single-family development, the majority of the multi -family -zoned land is also already developed, leaving primarily the commercial zones and City Center as the potential location of a great deal of the future residential development. Nevertheless, higher land values and construction costs, and lower relative rental rates compared with other communities in the region, act as barriers to residential development within the City Center in the near term, unless public -sector actions create financial incentives, reduce development costs, or otherwise create conditions attractive to housing developers. Therefore, in the short term, most multi -family housing developments will _continue to be seen in the remaining multifamily -zoned areas and in the neighborhood commercial areas or other commercial areas along Pacific Highway South. While multi family housing -is generally net peFmWed in the Business Park zenes, this zene will eentiflu&4e aeeemmedate senior- ' ` In the housingdevelopments, longer term, assuming no public -sector incentives, as rental rates rise and demand increases, housing developers will likely respond to the opportunities for development within the City Center, and begin to add multi -family housing there, as well. Substantial new lodging development in Federal Way is not anticipated in the near term, unless actions are taken to increase demand substantially. With business travel somewhat cut back due to increasingly burdensome airline -travel procedures since September 11, 2001, the demand for hotel rooms has dropped. Business-related travel may be slow to return to earlier levels. Sports -related lodging demand during the late Spring, Summer, and early Fall has been solid over the past few years and is expected to increase, although development of new lodging facilities will likely not follow increased demand during only a few months of the year. If sports- or event -related facilities are developed within the City that could accommodate off-season events, it is likely that more near-term demand for lodging would rise and could occasion development of new facilities within the five-year timeframe. Like all forecasts, these should be periodically monitored relative to the real estate market and economic conditions in South King County, the Central Puget Sound region, and Federal Way. In addition, the economic development policies and underlying assumptions related to local and regional decisions concerning infrastructure, transportation systems, and land use regulation should be carefully monitored. Kevised AW 2007.2006 Comprehensive Plan Amendments IV -19 FWCP — Chapter Four, Economic Development 4.4 IMPLEMENTATION Attributes of Successful Economic Development Programs Successful economic development programs typically have the following attributes. First, they receive material support and leadership from the mayor, City Council, and senior City staff. Second, the municipal leadership is willing to work creatively and cooperatively with private sector leaders and businesses to accomplish economic development goals. They have the ability and find the resources to target infrastructure projects and programs to encourage development or redevelopment of specific areas. To do this, they work aggressively to secure state and federal funds for local public and private assistance. Likewise, City staff is empathetic toward economic development goals and knowledgeable about working within City legal constraints, budget constraints, and community tolerances to assist businesses and the real estate development process. The staff also has the ability to react and make decisions quickly and consistently to provide assistance for private sector dealings with the public planning and regulatory processes. The staff's ability to link several programs, team up with other departments, and leverage limited funds allows them to take meaningful and effective action. In addition, the City should be creative and open to exploring and adopting innovative regulatory and incentive programs to attract and retain businesses and development projects, such as SEPA planned actions and developer agreements. Key among such programs should be any feasible efforts aimed at predictable and streamlined permitting processes. The City's Role in the Economic Life of a Community In the State of Washington, the direct actions that cities can take to encourage economic development have historically been more limited than in other states. Nevertheless, in the past few years several new and important tools have been made avaiiable to local communities to help encourage redevelopment, retain/attract jobs, and foster "smart growth." These tools include: • Community redevelopment financing (similar to tax increment financing) • Limited tax abatement for multifamily development • Community empowerment zone designation • Community renewal act (updated and expanded version of former urban renewal) • Tax deferrals and exemptions for high technology businesses and investment, as well as manufacturing investment • Industrial revenue bonds Revised 2000 2007 2006 Comprehensive Plan Amendments IV -20 FWCP — Chapter Four, Economic Development Notwithstanding these state programs, there are still substantial constraints on the scope of actions a city government can do with respect to economic development activities. However, one of the most significant direct actions a city can take is to provide the necessary infrastructure. This includes: 1) developing long term facilities expansion plans; 2) designing the specific systems and projects; 3) raising or borrowing local funds to finance the projects or act as a conduit for state, federal, and intergovernmental funds; and, 4) forming public-private partnerships to jointly construct projects. Second, a city can deliver high quality and cost effective urban services. These necessary services include police and fire protection; parks, recreation, and cultural services; social services and job training; and a well-run land use planning and regulatory process. In addition, a city can actively participate in public/private groups designed to help businesses and the development community as they work their way through the state and federal regulatory processes. Third, a city can directly impact economic development by doing market research or by being a landowner and developer. For example, a city could develop, maintain, and disseminate data and analysis on local development conditions and trends, as well as monitor important trends and assumptions upon which plans, programs, and strategies are based. In addition, a city can buy land, aggregate parcels, and make necessary improvement so that it is ready for new development or redevelopment. For some projects, a city can issue industrial revenue bonds or other tax-free municipal bonds. This also allows a city to joint venture with a private sector partners for appropriate development. In terms of indirect roles, a city can act as a facilitator to convene public and private entities to work on issues of local importance and reach consensus. Preparation of a comprehensive plan is an example of this important indirect action. A city can act as a representative of local resident's and business's interests in resolving regional and countywide problems such as traffic congestion, housing, and human service issues. A city can also mobilize local community support for important projects and problem solving; and work to improve the overall image of the community and in doing so, make the community more attractive for economic development. Lastly, a city's public investment in municipal facilities, such as city administrative offices, judicial/court facilities, community centers, and cultural and recreational venues can be a factor in inducing further economic development. By targeting a subarea for an infusion of redevelopment investment and daytime population, nearby businesses not only may see a greater captive market, but may also be encouraged to remodel, renovate, and/or improve their establishments. Cultural and recreational facilities can have a wide range of economic impact, from simply attracting residents to a particular part of the city (e.g., city center) more frequently where they may patronize other businesses, to attracting visitors from around the region and country who will bring new revenue to the local economy through lodging, restaurant, and goods/services expenditures. General Approaches to an Economic Development Strategy There are basically four local economic development strategies that impact the level of private business growth in a community. Revised 2= 2007.2006 Comprehensive Plan Amendments IV -21 FWCP — Chapter Four, Economic Development First, studies of employment growth experience in local communities in the United States show that the large majority of new jobs are generated by expansion and retention of businesses that are already located in the community. A city's role in this strategy is to help businesses resolve problems so that they can expand locally rather than move to another community. Problem resolution includes helping a business find a larger more suitable site, work through a land use or zoning regulation problem, or access necessary infrastructure. This strategy typically has low to moderate cost implications and a high probability of success. Second, the relocation of firms from other parts of the country or new plant locations are rare and do not account for a significant share of local employment growth relative to overall employment growth in the United States. However, when new firms do relocate to the community, the boost in the local economy can be great and the "press" can attract the attention of other firms. Local governments can attract new business to their community through aggressive marketing strategies (websites, brochures, etc.), close collaboration with regional economic development councils and chambers of commerce, and through financial incentives. This strategy has high risk for the number of successes and has a high cost. • Third, new businesses that are the result of new business start-ups, spin-offs from existing local firms, and new business ideas and technologies are another effective way that communities increase employment and businesses within a local area. Local government encourages new business formation usually through indirect methods. These strategies can have moderate -to -high costs depending on the specific actions and low -to -moderate degree of success. Fourth, tourism and visitorship can be very important components of a local economy. A city with recreational or cultural assets that draw visitors can build upon these assets to increase the numbers of visitors, the length of their stays, and the amount of money they spend in the local economy. Local government can work to market the community and its assets beyond the immediate region to bring in new economic activity and can invest in recreational or cultural infrastructure to attract more events and/or visitors. Human Resource Programs In addition to the economic development strategies discussed in the previous section, human resource development programs are another general way whereby cities can support economic development. These programs are often not included as parts of an economic development program because they focus on assisting people—the human resource for businesses. However, improving and remediating human resources is an important long run approach. The previous four general approaches to economic development strategies try to raise revenues, reduce costs, or reduce risks for business location, facility investment decisions, and operating decisions of businesses. IV -22 Revised 2883 2007 2006 Comprehensive Plan Amendments FWCP — Chapter Four, Economic Development Human resource programs make a community attractive to new and existing businesses by improving the local labor force. Components of a human resources program may include: 1) providing temporary support for underemployed workers, unemployed workers, and their families; 2) providing job training and retraining to improve an individual's ability to enter or remain in the work force; 3) creating referral and other programs that allow labor resources to become more mobile and to respond to information about job openings; and, 4) by providing social service programs that meet the needs of community residents who are temporarily not able to participate in the economy. In many instances a City's human resources program addresses some, if not all, of these human resource development objectives. Economic Development Strategy For Federal Way As with many cities, Federal Way will have limited funds with which to pursue its economic development goals. The City will have to use its resources in a focused and prioritized manner to have a positive impact on the local economic base. Table IV -5 (P� summarizes how Federal Way will implement an appropriate economic development strategy. Sub Area of Who Initiates Federal Way Action PRIMARY ECONOMIC AREAS City Center Public w/ private support. 344'333 to Public w/ 336"' 359th4SR99 private support. and 1-5/SR 18 inter West Campus Current landowners. East Campus Weyerhaeuser Corp. Table I[- S Economic Table ment Areas and Actions What Land Uses Are How Are They Encouraged Mid/high-rise office. High-density MF residential. Civic/cultural, recreational - Pedestrian -oriented retail. Mix of low-rise office, retail & light industry. "Big box" retail. Buildout & maintain quality. High-quality corporate & office parks. 336'h linkage: four primary Public w/ High density MF. economic dvpt private support. Low rise office. areas. Supportive retail. Public amenities. Revised 2903 2007 2006 Comprehensive Plan Amendments Sound Transit Station. In -fill infrastructure. Public amenities. Market amenities and assets Potential tax incentives. SEPA Planned Action. Regulations that encourage high-quality design. Aggressive infrastructure investment. Large land assembly. Facilitate buildout through predictable, efficient Permitting process. Assist maintenance of infrastructure and public areas. Predictable, efficient permitting process. Assist maintenance of infrastructure and public areas. Land use & capital improvements for gradual redevelopment/in-fill. Transportation infrastructure. To increase capture of regional growth. To provide community focal point/core. To obtain more full -range Of goods/ services in City. Large parcels allow this subarea to respond to the market for business & industrial park uses in Southwest King County. One of the City's prime commercial amenities as one of the highest quality master planned developments in the Pacific Northwest. One of City's prime commercial amenities. Large landownership with vision, resources, & track record can attract major investors. Provide housing & support services for economic areas. Timi Emphasis 5-10 (20) years. Emphasis 0-5 (10) years. Ongoing in response to market. In response to market & corporate actions. As appropriate for market. IV -23 FWCP - Chapter Four, Economic Development ates Sub Area of Who Initiates A What Land Uses re How Are They Encoura ed Reasons Timin Federal Wa Action Encouraged PRIMARY ECONOMIC AREAS Provide a range of Asappropriate Old Hwy 99, Public w/ High capacity & Land use &capital improvements for gradual housing & support for market. for northth private support. business related. High density MF redevelopment & in -fill. services &retail economic & residential 339th outside of residential. Aesthetic improvements through sign code and urban areas. main economic areas. Low rise office. Auto -oriented retail. design guidelines. Neighborhood commercial. PredistaHle ' P 9 ide arange ofhe maFket s erean C AreaI 1 bfSeuNr329s WA'w'-. and _5A& �-. ilig#�Ele AY -MF mal- LeF eiee to h -d — 1eIsc-44- ga delrr+es fill ereasr Economic Development Goals act The City of Federal Way will not wait trenarke ds on the tdirect on of its vision. o create the ftiture) tThe City to shape and accelerate the evolving market will pursue the following goals to implement economic development. EDG1 The City will emphasize redevelopment that transforms the with from urban core. suburban bedroom community to a full-service community EDG2 The City will encourage concentration of non-residential development into four primary areas: • High-density mixed-use development in the City Center (312` and 320', SR -99 to I-5) . • �� A mix of commercial office retail and li ht industrial development in the area around 348'' and SR -99 and around the 3, g _and I-5/SR 18 interchanges • High-quality office park development, including corporate headquarters, continued in and around West Campus • High-quality office development, including corporate headquarters in a park -like campus setting east of I-5 EDG3 The City will help facilitate redevelopment of existing f�ar42eed commercial centers in the SR -99 corridor north of South 339`x' and the 336`" area between West and East Campus. EDG4 The City will channel further residential growth into existing multi -family and commercial -zoned areas, with a particular goal of encouraging residential development in the City Center. IV -24 Revised 288 2007 2006 Comorehensive Plan Amendments FWCP — Chapter Four, Economic Development EDG5 The City will encourage and support the development of recreational and cultural facilities and/or events that will bring additional visitors to Federal Way, and/or increase visitor spending. EDGE The City will encourage and support existing businesses to remain and/or expand their facilities within Federal Way. Economic Development Policies EDP1 Redevelopment of the City Center will continue to receive special attention in the FWCP. INN EDP3 The City will continue to seek high-quality urban design and infrastructure standards for these areas. EDP4 The City will pFepar-e a utilize the SEPA Planned Action for the City Center so that compliant development proposals may receive permit approvals with a minimum of environmental review. EDP5 The City will complete designs for public infrastructure to be jointly funded by the City and private landowners. EDP6 The City will work actively to formulate ways for joint public/private funding of infrastructure. EDP7 The City will develop zoning, permitting, and potential financial incentives that encourage prioritized development consistent with comprehensive and subarea plans and orderly, phased growth. EDP8 In order to encourage efficient and desired development and redevelopment of existing land designated and zoned for various types of commercial uses, when considering proposals for comprehensive plan amendments and rezones to commercial designations and from one commercial designation to another, the City will consider development trends in commercially zoned areas, market demand for various types of commercial land, and amount of vacant commercial land. EDP9 The City will utilize innovative planning techniques such as Planned Unit Developments, and developer agreements to aid in efficient and predicable permitting for large developments. EDP10 The City will explore innovative financing techniques such as Local Improvement Districts, Industrial Revenue Bonds, and other innovative financing tools to encourage desired redevelopment. Revised 2893 2007, 2006 Comprehensive Plan Amendments IV -25 FWCP — Chapter Four, Economic Development EDP11 The City will work with the private sector to actively encourage the retention and expansion of existing businesses, as well as bring in new development, businesses, and jobs to the community. EDP12 The City will promote the community by working with the Federal Way Chamber and the private sector to develop marketing tools that attract new businesses, visitors, and investments. EDP13 The City will continue to develop and manage an economic development web page that promotes business and development within the community, provides an interactive database of information of value to businesses and developers, and involves the participation of the Federal Way Chamber and other stakeholder groups. EDP14 The City will fund its portion of the public/private groups to allow them to do an effective job in marketing the community. EDP15 The City will continue to utilize design guidelines to enhance the urban environment to retain and attract businesses and residents. EDP16 The City will adept continue to implement a streamlined permitting processes consistent with state and federal regulations to reduce the upfront costs of locating businesses in the City. EDP17 The City will continue to pursue aggressive public safety programs designed to protect residents, businesses, and their investments. EDP18 The City will encourage strong public and private leadership to solicit community support for internal and external funding assistance.. EDP19 The City will periodically monitor local and regional trends to be able to adjust plans, policies, and programs. EDP20 The City will actively work with representative groups of business and property owners, including the Federal Way Chamber and other local business associations, to enhance citywide and subarea improvements and planning. EDP21 The City, in conjunction with the local business community, will actively pursue ties to Pacific Rim nations and businesses to stimulate related business activity. EDP22 The City recognizes the importance of cultural and recreational activity to its economy and through the Arts Commission and Parks Department will pursue joint ventures with private groups and individuals in developing cultural and recreational opportunities. EDP23 The City will encourage the expansion of existing and development of new multi-purpose facilities to host cultural and recreational activities in order to increase the number of visitors to Federal Way and resultant visitor spending. Revised 203 2007 2006 Comprehensive Plan Amendments IV -26 FWCP — Chapter Four, Economic Development EDP24 The City will continue to market the community for, and encourage development of, businesses in the high-tech sector. This effort will include exploration of regulatory and/or financial incentives to attract high-tech businesses and collaboration with regional communities, businesses, and local institutions of higher education to promote Federal Way and South King County. EDP25 The City of Federal Way will strive to create working partnerships with institutions of higher education in order to encourage and support their expansion and further integration within the Federal Way economy, as well as to identify and exploit increasing opportunities for economic development. EDP26 The City will consider opportunities to partner with local human -service organizations to assist in providing human resources development programs for unemployed or under -employed workers. The foregoing policies will assist the City of Federal Way to pursue an accelerated transformation toward the community's vision of its future. Table IV -6 (page 27) describes the four major employment, economic activity areas of the City that will receive the bulk of future commercial and industrial development. The table summarizes the characteristics, location, and planning process required as well as the major transformation required. The major public and private actions required for each area are listed. The Land Use and City Center chapters of the FWCP describe these four areas in more detail. Table IV -6 describes the current ownership pattern and major activities where the City will act affirmatively to transform these areas so that an increased share of regional growth will be attracted to the City. In the areas of multiple ownership, control and implementation of the community's vision will require more explicit effort and resources from the City government. Both West and East Campus have, or will develop, their own high standards for quality of the new development. The type of development expected to occur in each of the four major economic sectors important to Federal Way's vision is related in Table IV -7 (page 28). Also related in the table are who the main competitors will be for each of these four areas. The land use policies and regulations for each area should accommodate and encourage these activities. These policies and regulations are discussed in the Land Use, City Center, and Transportation chapters of the FWCP. Revised 2QW 2007, 2006 Comprehensive Plan Amendments IV -27 A O E E _R d d E U 0 N 0 N N 0. asN ` N R E 72 .tlw ` ; T 2 - C� u o C w vl y 7 ` [-. C O U 'O N O O>_ .� Cc% N W f X X X x X X - 3 2 S U A V)oo d [C y o EL L O C co a U (z to 3 D H Q i O R 3. c R a E 0o O D o � n IVCO 0 U w in a. > s x a x x X d C c n � s 3 L x w a 3 7C y C_ N � C ^ w m W ti c > U > > U ea N O O by _ N "O 3 R > O 3 m R �-. _ a.+ E u u 5 X X XI x x X X .0 di �nm'm>3cn j ;•, Ll ti y u d O R C n R Q U R 4 G u Cl. [wn El' cCo N d wo > v C p •" R � R N 4. ¢ C N O R U C u 7 y ed LI y C y O_ L O Q ~O C O c�C Cid O R O a U En a A W C C � i,... K w d E E _R d d E U 0 N 0 N N 0. d a 9 K Xi X V N C 6Li •L s E L �• Ed 0 o x Uwc b Y V L � 0. • td w y' a N y �U W N 7 C E a a >C >G X >C U N x � x L �U >v > O7 U E O cd O N M N 3 .o ° •p = o° v 3 U y ani vii > �Y� °-5o'E0.x.3 m o'c G m y >o 7 x 00 •y y E 7 U 7 U cd Y •UO 'D C C U Y N id U 00 `• C Y C Uwe, am v°iF"-C/)F oa cry, ma'acvu`°v�ait=° z�uat=x ry N N N .� U G C N U_ U_ Z U C N V fd C N N cyd id F. .� C •" N N H Z N N �' cd W bn y d d C @ N ti b r .0 •N C y N td U N 7 O U � C V N SO •0 � N 7 0 � .n .N C >> E O .O ° ro o LID`4 �y030 .� L y C,C p G y U U td p M N C U —d OCL d N. E ° UE ami .- yN n' y= ° 3° [ a� CL c- v vi H .D bt E 5 U p 0 r- �d o C y cd p v n°o o2S • y cUd .N 'D N 3 _o R v 'p y C C c ._ .0 v C 'O V ` c p O cd �•, d U W C yw..,N p CL C N O N cd ,61., O C b` 3 Y 7 C U R V p 'y cc °°' Lbn an 53 Lon a? .O n m v o a v '-' o v a`' o o° °' S K�[i o C/) a, 3 ti Z S`°] n �Q d �E Wmv� -0 m.° o°100 � y QUW �a c v v E on ai ah E c \ U >cd T ,J Y w U N A n' ° L L •� w wcn' is m �' z 0 m �. xx c7 i x 4i ^� W U C 1 `J C O i U C W g0. ca cc C jZ O I N 7 n co Lu Q N N IZ— LL > •— .S nC W • �/ A+ i W � � � � I p�o W � 3 T TI N M N d `Y LL aai LL c° 4- Q. 3 L V o N a N �nv cu�� a W d N� O O O o �,, Wo �{Z C) C) V)Z(1) w z G,,tJ Ir C { CD CIO COO" ,- in co -_ -,- -�CD ID e - m \ i _ W C/ >_ CD CD C ccs, ca CDVf .1 r f'��° ifoj -e eC csd r co rL l CHAPTER SIX - CAPITAL FACILITIES 6.0 INTRODUCTION The City of Federal Way is expected to add 6,188 housing units and 7,481 jobs between the years 2001 and 2022. This growth will stimulate the local economy and maintain a diverse and vibrant community. Unfortunately, it will also generate a corresponding demand for new public services and facilities, such as schools, parks, and streets. These new facilities, and the financial implications they will have for Federal Way and its citizens, are the subject of this chapter. The Growth Management Act The Growth Management Act (GMA) refers to capital facilities planning in two of the 13 statewide planning goals. The two relevant goals are: Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. 2. Public facilities and services. Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards. More specifically, the GMA mandates that the City prepare a capital facilities plan which contains the following components: • An inventory of existing facilities owned by public entities, showing the locations and capacities of the facilities. • A forecast of the future needs for such facilities. • The proposed locations and capacities of expanded or new facilities. • At least a six-year financing plan that will finance such facilities and clearly identify sources of public money for such purposes. • A requirement to reassess the Land Use chapter if probable funding falls short. In the pages that follow, this chapter complies with the GMA requirements for a capital facilities plan. FWCP — Chapter Six, Capital Facilities Level of Service To prepare a Capital Facilities chapter, one of the first decisions a jurisdiction must make involves establishing a level of service (LOS) standard. The level of service standard refers to the amount and quality of services and facilities that a community wants. For example, the LOS for a parks system is usually described in terms of the number of acres of parkland per 1,000 population. If a community has a strong desire for a good parks system, it will establish a high LOS standard for itself, maybe something on the order of 20 acres of park per 1,000 residents. On the other hand, 20 acres of developed parkland is expensive to acquire, develop, operate, and maintain. As a result, the community may be forced, for financial reasons, to accept a lower LOS standard. In any event, adopting LOS standards for all the services and facilities the City provides would help it: 1) evaluate how well it is serving existing residents, and 2) determine how many new facilities will have to be constructed to service new growth and development. Concurrency In addition to mandating that a Capital Facilities chapter be included in comprehensive plans, the GMA also introduced the concept of concurrency. In general terms, concurrence describes the situation where adequate and necessary public services and facilities are available "concurrent" with the impacts of new development, or within a specified time thereafter. Concurrency has two levels of applicability. The first is at the planning level and refers to all services and facilities, over the long term, and at the citywide scale. Planning level concurrency is what this chapter is all about. It inventories all existing facilities and services, establishes a LOS standard for each, estimates new facility requirements to accommodate projected growth, and develops a financing plan that identifies the revenues necessary to pay for all the new facilities. If the necessary revenues are not available, then the jurisdiction fails the planning level concurrency test and must take appropriate action. Those actions include lowering the LOS standard, raising taxes, restricting growth, or a combination of these actions. This chapter satisfies the planning level concurrency requirement as outlined in the GMA. The second level of concurrency analysis is project specific and only required for transportation facilities. Specifically, the GMA (RCW 36.70A. 070[61) states: "...local jurisdictions must adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development." That same section goes on say that "concurrent with the development" shall mean that improvements or strategies are in place at the time of development, or that a financial V1_2 Revised 2092 2007 2006 Comprehensive Plan Amendment FWCP - Chapter Six, Capital Facilities commitment is in place to complete the improvements or strategies within six years. To satisfy the project level concurrency requirement, the last section of chapter three, Transportation, contains a concurrency management discussion. As mentioned previously, project level concurrency is only required for transportation system facilities. However, the Washington State Office of Community Development's interpretation (WAC 365-195-070[3]) states that, "...concurrence should be sought with respect to public facilities in addition to transportation facilities. The list of such additional facilities should be locally defined." This section goes on to say that local jurisdictions may fashion their own regulatory responses. In 2001, ,.>..e City hired study is expected to be eempleted in the Spr-ing ef 2003. The City adopted a Transportation Concurrency Management System, which became effective January 1, 2007. Impact Fees Local jurisdictions planning under the GMA are authorized to assess impact fees for development activity as part of financing for public facilities, such as parks, transportation, and schools. Impact fees must be based on an adopted capital facilities plan. In addition, the collected fees must be used for projects that are reasonably related to and will reasonably benefit the development paying the fees. The fees must also be used within a specified time from the date they were collected or returned to the payee. Impact fees may be imposed for system improvement costs previously incurred to the extent that new growth and development will be served by the previously constructed improvements, provided they not be imposed to make up for any system improvement deficiencies. To impose an impact fee program, the City must have a plan in place to make up any existing system deficiencies. Countywide Planning Policies The Countywide Planning Policies (CWPPs) originally adopted in 1992, and amended in 1994, contain a number of goals and policies regarding capital facilities and the provision of urban services. Those relevant CWPPs are the following: C01 Jurisdictions shall identify the full range of urban services and how they plan to provide them. CO2 Jurisdictions and other urban service providers shall provide services and manage natural resources efficiently, through regional coordination, conjunctive use of resources, and sharing of facilities. Interjurisdictional planning efforts shall evaluate approaches to share and conserve resources. CO3 Service provision shall be coordinated to ensure the protection and preservation of resources in both Rural Areas and in areas that are Revised 2002 2007, 2006 Comprehensive Plan Amendment VI -3 FWCP - Chapter Six, Capital Facilities developing, while addressing service needs within areas currently identified for growth. CO4 All jurisdictions acknowledge the need to develop a regional surface water management system which crosses jurisdictional boundaries and identifies and prioritizes program elements and capital improvements necessary to accommodate growth and protect the natural and built environment. The GMPC shall develop and recommend a financing and implementation strategy to meet this need. CO5 Water supply shall be regionally coordinated to provide a reliable economic source of water and to provide mutual aid to and between all agencies and purveyors. The region should work toward a mechanism to address long-term regional water demand needs of agencies and water purveyors. CO7 Water reuse and reclamation shall be encouraged, especially for large commercial and residential developments and for high water users such as parks, schools, golf courses, and locks. . C010 In the Urban Area identified for growth within the next ten years, urban water and sewer systems are preferred for new construction on existing lots and shall be required for new subdivisions. However, existing septic systems, private wells, and/or small water systems may continue to serve the developments so long as densities and physical conditions are appropriate, the systems are allowed by the relevant jurisdictions, and management keeps the systems operating properly and safely. CO13 Urban sewer system extensions in unincorporated King County shall be permitted consistent with the provisions of the King County Sewerage General Plan, Countywide Policies, and the policies of the jurisdiction in whose potential annexation area the extension is proposed. FW13 Cities are the appropriate provider of local urban services to Urban Areas, either directly or by contract. Counties are the appropriate- provider of most countywide services. Urban services shall not be extended through the use of special purpose districts without approval of the city in whose potential annexation area the extension is proposed. Within the Urban Area, as time and conditions warrant, cities should assume local urban services provided by special purpose districts. FW32 Public -capital facilities of a Countywide or Statewide nature shall be sited to support the Countywide land use pattern, support economic activities, mitigate environmental impacts, provide amenities or incentives, and minimize public costs. Amenities or incentives shall be provided to neighborhoods/jurisdictions in which facilities are sited. Facilities must be prioritized, coordinated, planned, and sited through an interjurisdictional process established by the GMPC, or its successor. Revised 2002 2007 2006 Comprehensive Plan Amendment FWCP - Chapter Six, Capital Facilities LU29 All jurisdictions shall develop growth -phasing plans consistent with applicable capital facilities plans to maintain an Urban Area served with adequate public facilities and services to meet at least the six-year intermediate household and employment target ranges consistent with LU67 and LU68. These growth phasing plans shall be based on locally adopted definitions, service levels, and financing commitments, consistent with State GMA requirements. The phasing plans for cities shall not extend beyond their potential annexation areas. Interlocal agreements shall be developed that specify the applicable minimum zoning, development standards, impact mitigation, and future annexation for the potential annexation areas. LU30 Where urban services cannot be provided within the next 10 years, jurisdictions should develop policies and regulations to: • Phase and limit development such that planning, siting, density and infrastructure decisions will support future urban development when urban services become available. • Establish a process for converting land to urban densities and uses once services are available. Funding/Financing Typically, cities and the residents they service would like to have higher LOS standards than they can afford. Federal Way has worked hard to provide the highest LOS possible without raising taxes. It is a difficult balance to maintain and the City is currently at a point where it may have to consider raising additional revenues to pay for capital facilities and the associated maintenance and operations costs. If the City decides to generate additional revenues, there are several sources available. Some of these revenues are "on-going" in the sense that the City levies the tax and the revenues are added to the City's general fund on an annual basis. On-going revenues include property taxes, sales taxes, utility taxes, impact fees, and business and occupation taxes. The other category of funds is called "one time" funds because the City cannot count on having these funds available on an annual basis. These funds include bond sales and grants such as, TEA -21, IAC, and Urban Arterial Fund money. On-going funds can be used for either capital facilities or maintenance and operations. However, it is prudent financial management and adopted City policy that one-time funds be used only for capital improvements. As is discussed later in this chapter, the City proposed two bond issues to finance capital facilities in the Fall of 1995. As part of that bond issue, voters were asked to approve a permanent utility tax to pay for the maintenance and operations costs associated with the new capital facilities. Revised 2092 2007.2006 Comprehensive Plan Amendment VI -5 FWCP — Chapter Six. Capital Facilities 6.1 SURFACE WATER Inventory of Existing Facilities Natural Systems The Federal Way area consists of two major drainage basins, the Hylebos Creek and Lower Puget Sound. The Hylebos Creek Basin consists of the West Branch Hylebos Creek, East Branch Hylebos Creek, and the Lower Hylebos Creek Sub -Basins. The Lower Puget Sound Basin consists of the North Lower, Central Lower, and South Lower Puget Sound Sub -Basins. Map VI -I (maps are located at the end of the chapter) shows the planning area boundary, and boundaries. Map VI -2 shows the major features of the natural system. The natural systems have been reviewed on a sub -basin level. This sub - basin information is contained in the City's Comprehensive Surface Water Facility Plan. Man -Made System As part of its 1994 Surface Water Facilities Plan, the City completed an inventory of the stormwater drainage trunk system. There are ten major trunk lines in the system, and one can find more details about their capacity and location in the Surface Water Plan. The City has made a significant number of improvements to the manmade system since incorporation in 1990. Most of the projects completed to date corrected existing localized flooding problems. As a result of resolving these "spot" problems, the City and its surface water utility have significantly improved the LOS on a system -wide basis. The City has gone to a regional system for detention/retention of surface water. Several regional detention/retention facilities have been, or will be, constructed to handle stormwater runoff. However, individual developments must treat stormwater on site prior to releasing it to the regional system. System Capacity As part of the Surface Water Facilities Plan, the City developed a model of its surface water facilities, including the natural part of the system, the various lakes, streams, and wetlands. This model uses the following design or LOS standards: • 25 -year storm conveyance capacity on lateral systems; • 25 -year storm conveyance capacity on major trunk systems; • 25 -year storm storage capacity in local retention/ detention facilities; and • 100 -year storm storage capability in regional retention/detention facilities. Based on these LOS standards and the data on existing facilities, the model helps utility engineers identify deficiencies in the existing system and the most cost effective way to resolve them. The model also allows engineers to describe the new facilities that will be needed in the future to accommodate new growth and development as outlined in the Land Use chapter. Revised 2002 2007 2006 Comprehensive Plan Amendment C7 FWCP — Chapter Six, Capital Facilities Forecast of Future Needs Based on model results, utility engineers annually update a detailed 10 six-year capital facilities plan. The plan identifies projects, prioritizes them, estimates the cost, and re- examines the utility rate structure to ensure that there is sufficient funding available over the next 49 six years to construct these projects (Table VI -1, at the e.,a of the 6hap*0_ next p"e)• Locations and Capacities of Future Facilities Table VI -1 includes the surface water facilities project list. For more complete discussion of this list, and maps describing project locations, please refer to Chapter IV of the City's Comprehensive Surface Water Plan. As noted earlier, these projects address existing system deficiencies as well as the new facilities that will be needed to accommodate projected growth. Finance Plan The City has created a surface water utility to manage stormwater drainage, prevent flooding, and improve water quality. The City charges property owners an annual surface water fee, which is based upon the amount of impervious surface on the property. These fees, along with any outside grant monies and low interest loans, provide the revenues that pay for capital facilities projects, and operation and maintenance of its surface water system. As outlined in Table VI -1, projects are scheduled based on anticipated revenues. The capital facilities spreadsheet indicates project scheduling based on available funding and priority ranking. The City annually updates the capital facilities plan for surface water. The Comprehensive Surface Water Plan, which includes the capital facilities plan, is adopted by reference in this plan, including changes made during the City's annual update. 6.2 TRANSPORTATION The GMA requires that local jurisdictions prepare a transportation chapter as part of the Federal Way Comprehensive Plan (FWCP). The GMA also authorizes jurisdictions to assess impact fees for transportation system improvements that are necessary to accommodate the traffic created by the new development. In order to assess impact fees, the capital facilities plan must include the list of transportation improvements and associated costs that necessitate the impact fees. Discussion related to Transportation - related capital facilities can be found in FWCP Chapter 3, Transportation. Revised 2802 2007.2006 Comprehensive Plan Amendment VP FWCP - Chapter Six, Capital Facilities Table VI -I City of Federal Way Facilities Plan Surface Water Management Component Revised 2,02 2007 2006 Comprehensive Plan Amendment vi -o 2006 2007 2008 2009 2010 2011 2012 Total SWM SOURCES Revenues and Financing Carry Forward from CIP and Operations User Fees with GMA Project Growth 7,030,158 3.239.534 6,206.435 3,232,389 5,025,729 3,256,629 3,896.890 3,281,054 3351,651 3305.662 2,878,155 3.330.454 968.961 3,355,432 46,657,770 Interest Earnings 75564 171,536 152,212 131,901 1D 685 90,634 64,086 1,449,806 Transfer In -Street Fund 149,901 149,901 149,901 154,398 159,030 163,801 168,715 2,106,172 Grant Funding 1,093,160 720000 Subtotal Revenues and Financing 11,588,317 10,480,259 8,584,470 7,464,243 6,936,027 6,463,044 4,557,194 113,867,643 Expenditures - One Time & Debt Service One Time Funding 0 Public Works Trust Fund Loan 203,577 201,754 199.930 198,107 196,283 194,459 192,636 3,757,108 Subtotal Expenditures 203,577 201,754 199,930 198,107 196,283 194,459 192,636 3,757,108 Available Revenue 11,384,739 10,278,505 8,384,540 7,266,137 6,739,744 6,268,584 4,364,559 110,110,535 Total Required Sources 5,254,682 5,454,530 4,687,580 4,112,593 4,057,873 5,494,083 3,859,33 9 59,421,297 SWM USES Maintenance and Operations Current 2,540,016 2=576,016 2,578.016 2,664,432 2353,752 2,846,074 2,941,500 36,895,119 Subtotal Maintenance and Operations 2,540,016 2,576,16 2,578,016 2,664,432 2,753,752 2,846,074 2,941,500 36,895,119 Annual Programs 111 Fund 221,744 200,000 207,000 214245 221,744 229,505 237,537 2,809,041 Subtotal Annual Programs 221,744 200,000 207,000 214,245 221,744 229,505 237,537 2,809,41 Capital Project List SPJ3-CIP-01: Joe Creek Regional Detention Pond 1,542,391 1,946,489 SPJ2-CIP-02: Lake Jeane Outlet Control Structure 125,000 430,000 55500 SPJ2-CIP-02: Lake Lorene Outlet Control Structure 95,000 295,000 390,000 S 373`" Bridge Replacement Proiect 160,000 661,760 9101000 SPJ4-CIP-01: SW 325s St CulverdTrunk Replacement 150,000 150,000 SPIJ-CIP-02: Lower Joes Creek Channel Restoration 323,678 1,898373 2,222,051 SPL5-CIP-02: SW 332"" St Trunk Replacement 200,000 635,000 835,000 CPRE-CiP-01: S 308" St Lateral 60 000 105 000 165,000 Revised 2,02 2007 2006 Comprehensive Plan Amendment vi -o FWCP — Chapter Six, Capital Facilities 6.3 PARKS AND RECREATION Inventory of Existing Facilities The City of Federal Way adopted the first Park, Recreation, and Open Space Comprehensive Plan in December of 1991. The City updated the Plan in 1995, and 2000, and 2006. This plan, which is now called the Parks, Recreation, and Open Space mal Seriees Plan, is incorporated by reference. The planning area of the 1991 and 199- Par-lEs, Reer-eatien, and Opm Spare Gempy-ehensive Plan inealuded both the Feder -al: Wa�) 2000 and 2006 Parks Plans and are based only on the City limits of Federal Way, although the Potential Annexation Area (PAA) is inventoried and discussed. As in previous plans, the Parks Plan has been subdivided into subareas, referred to as Parks Plan Planning Areas (Map VI -3), for purposes of long-range planning. The 200-26 Parks Plan updates the inventory to include new parks and properties added to the City's system. In addition to City -owned parks and open space, the Parks Plan also lists school district, state, and county facilities, as well as private recreation facilities. Map VI -4 depicts the location of major parks and open space within the Federal Way planning area. Table VI -2 summarizes this inventory as of 02 June 2006. Revised 2892 2007, 2006 Comprehensive Plan Amendment V1-9 2006 2007 2008 2009 2010 2011 2012 Total Drainage Intercept SPM3-CIP-02: East 15 -Inch Lateral 211,953 248,092 Detention WH12-CIP-02: S 316'h PI Detention 88,188 517,223 605,411 Facili WH07-CIP-02: I` Way S Trunk Replacement 97.634 572,621 670,255 CPRE-CIP-02: Outlet Channel Modification 50.000 130.000 180,000 WH15-CIP-02: 2151 Ave SW Detention 60,615 355.506 416,121 Facili WHI I-CIP-04: Low Flow Diversion/infiltration Trench 45.193 265.056 310,249 W Hvlebos Channel Riparian Habitat 400,000 720.000 1,120,000 Easement Acquisition 10i° Ave S Draina a ImR ovement 55.00 375.000 430,000 S 330" and 34e Ave S Drainage 25,000 120.000 145,000 Improvement SR 99 Phase III Cost Share 150,000 150,000 6.3 PARKS AND RECREATION Inventory of Existing Facilities The City of Federal Way adopted the first Park, Recreation, and Open Space Comprehensive Plan in December of 1991. The City updated the Plan in 1995, and 2000, and 2006. This plan, which is now called the Parks, Recreation, and Open Space mal Seriees Plan, is incorporated by reference. The planning area of the 1991 and 199- Par-lEs, Reer-eatien, and Opm Spare Gempy-ehensive Plan inealuded both the Feder -al: Wa�) 2000 and 2006 Parks Plans and are based only on the City limits of Federal Way, although the Potential Annexation Area (PAA) is inventoried and discussed. As in previous plans, the Parks Plan has been subdivided into subareas, referred to as Parks Plan Planning Areas (Map VI -3), for purposes of long-range planning. The 200-26 Parks Plan updates the inventory to include new parks and properties added to the City's system. In addition to City -owned parks and open space, the Parks Plan also lists school district, state, and county facilities, as well as private recreation facilities. Map VI -4 depicts the location of major parks and open space within the Federal Way planning area. Table VI -2 summarizes this inventory as of 02 June 2006. Revised 2892 2007, 2006 Comprehensive Plan Amendment V1-9 FWCP— Chapter Six. Capital Facilities Table VI -2 S mary of Existing City Park -and Recreation Areas DEVELOPED PARK LAND CATEGORIES ACRES 14 Neighborhood Parks 42.9 8 156.4 5 Community Parks 24" 222.3 0 Regional Parks 0.0 4.2 mi Trails Acreage 118.0 4 Park Facilities Acreage 24-.025.8 Total Developed Park Land 49-3 5 522.5 Total Undeveloped Park Land 352.5 543.5 Total Park Land in Federal Way 846:8 1066.0 When the City incorporated in 1990, there were approximately eight acres of parkland available per 1,000 population in Federal Way. Since that time, the City has purchased additional property and developed new facilities. These include the Lake Killarney Open Space Park, Heritage Woods Neighborhood Park, Wedgewood Neighborhood Park, BPA Trail I, II, and III, , Madrona Park, Cedar Grove Park, L ke Klahanee Lake Community Senior Center, Dumas Bay Centre, Celebration Park, and Steel Lake Annex facilities and the Community Center, which opened March 2007. In 2004 Washington State Parks transferred West Hylebos Wetlands Park to the City. King County has also transferred several properties to the City in the last six years. These parks and facilities are described in greater detail in the Parks Plan. As of 2002-6, the City is providing 10.49 acres of parks land per 1,000 population. The City's goal is to aehieve maintain a level of service of 10.9 as Federal Way grows in population and size. The reason f the d level of o """ due to n the yeafly pepulation estimates by the State Offiee of Financial Management (6FM). 2000 Census showed the Feder -a! Way population te be 83,259, whereas the 2000 OFM 249. The C4" pepulation estifnate a4 Way was 77,0 10 , , efder- to meet the gea4 -of 10.9 arf:es pef 1,000 pepulatien, the I24y needs to add 68 aer-es ef paf4dafid to the existing inventefy. As shev,,n on Table V! 3, the Par4s Six Year -- Capital impr-evements Plan 2002 2007 (CEP) has parks aeEluisiti -eing pfejery eateger-y. '_ --4-g arsquisifien is i—essafy to meet the level of sefviee goal of 10.9 aer-e pef 1,000 population. In the past, the City has obtained land through plat dedication. The City is also now considering a Park Impact Fee to provide funds for parks acquisition and development. In addition to acquiring and developing new facilities, the City has taken administrative actions to take advantage of other available public recreational facilities. The City enacted interlocal agreements with the School District to jointly operate and maintain school recreational facilities. As a result, the City jointly operates and maintains a major community park in conjunction with Saghalie Middle junior -High School. Also, the City has agreements to provide recreational programs and schedule play fields at several elementary schools, in addition to junior- higmiddle schools. These facilities are now formally available nights and weekends, year around for use .by local residents. Revised 2802 2007 2006 Comprehensive Plan Amendment VI -10 FWCP — Chapter Six, Capital Facilities As referenced above, City residents now have access to 10.4-9 acres of parks and open space per 1,000 population. This inventory includes City owned parks and open space within the City limits. The City currently provides 846 1066 acres of parkland, which the City maintains and operates. Of the total 846 1066 acres, 493.5 522.5 acres is developed for recreational use areas and 352:5 543.5 acres is still undeveloped. Note: Washington State Parks has a regional park facility within the City limits, which residents often use. Dash Point State Park is 230 acres of state land, which provides a regional (statewide) recreation use for camping, swimming, picnicking, walking trails, and beachfront. The state park land is not included in the City's LOS simply because the state owns, operates, and maintains this facility. For the purposes of parks planning, the recommended LOS standard in the City's Parks Plan and this Capital Facilities chapter is 10.9 acres of City owned parkland per 1,000 population. Forecast of Future Needs The 20006 Parks Plan states that when f to fe afmexatiens the inventory of public park and open space land will be adequate to serve both the current and future projected population within the City and PAA However, much of this acreage is s un_proQrammed, undeveloped open Mace The primary deficiency, both now and projected, is in improved trails. The Wdated Parks Plan makes recommendations based on five Core Values identified through an extensive planning process Four of these relate to capital facilities and include: Core Value #1 • Improve Existing Facilities and Provide Multiple Functions in Parks Core Value #2• Develop a Walking and Biking Community Through an Integrated Trail and Sidewalk Network Core Value #3: Retain and Improve Our Open Spaces Core Value #4• Create Community Gathering Place and Destinations Capital facilities that respond to these Core Values have been incorporated into the Six - Year CIP Some of the major efforts planned for this six year period include: • Design and redevelopment of Lakota and Sacajawea Parks • Acquisition of Camp Kilworth and associated site improvements to allow public access • Introduction of community gathering, spaces in neighborhood parks • Site and building assessments for Dumas Bay Centre • Trail and Pedestrian improvements • Upgrade Saghalie Park soccer field to artificial turf maintain the Cit euFFent level of , iee until the a 201n In addition, the City completed a cultural arts survey in 1994. The survey evaluated several alternatives for a Revised 2802 2007 2006 Comprehensive Plan Amendment VI -11 FWCP — Chapter Six, Capital Facilities performing arts center and concluded that at some time in the near future, the City would need such a facility with a capacity of about 1,000 seats. The City has converted a portion of Dumas Bay Centre into the Knutzen Family Theatre, a 250 -seat civic theater facility. This facility will begin to fulfill the identified community need for a performing arts center. Locations & Capacities of Future Facilities Map VI -4 indicates the location of the parks, recreation facilities, and open space subareas the City will need to maintain the adopted LOS. The Parks Plan breaks the planning area into subareas and addresses future facilities at the subarea level. For more details about the type, size, and cost of these new facilities, please refer to the 20026 Parks Plan. Map VI4A shows potential locations of public spaces in the City Center_ Finance Plan Table VI -3 (Parks Six -Year Capital Improvements Plan, 20026-208-712, page 11) describes the proposed parks projects that will be needed between now and the year 2012, together with cost estimates programmed by year. Table VI -3 also identifies the revenues that will be available during the same time period to finance these new facilities. Please refer SeQt= VII (Capital T... pr-eyefn n+_ns"„) to Chapter 7, "Implementation,' of the 20026 City of Federal Way Parks, Recreation, and Open Space Comprehensive Plan for detail information on the finance plan. The City annuall-y biennially updates its Parks & Recreation GCapital ilmprovements Plan pfegfa . These updates reflect new project priorities, eliminate projects that have been completed, and add new projects to the program. Revised 2002 2007 2006 Comprehensive Plan Amendment VI -12 N z I z Icr FWCP - Chapter Six, Capital Facilities Table VI -3 Parks Six -Year Capital Improvements Plan, 2007-2012 (in thousands) Sources/Uses 2007 2008 2009 2010 2011 2012 Total Real Estate Excise Tax 1 007 344 460 510 507 421 2292 Misc. Transfers 21 21 Grants/Anticipated 810 500 1 000 2 310 Grants/Contributions Received Mitigation Funds Received 110 110 General Fund 0 Total Financing _Sources 13533 344 320 870 385 1281 4,733 Park Pro'ects Play ound 134 134 136 136 137 138 815 BMX/Bike.fgqflj_i1y 15 15 Camp Kilworth - Ac . & Im 'ts 1 550 1 100 800 3,450 Community S aces 30 37 108 112 112 126 525 Downtown Public S ace 100 100 Dumas Bay Centre: Building 33 193 140 140 140 140 786 Dumas Bay Centre: Site Restor. 137 Lakota Park Design & Redev. 723 11,000 11.723 Ma'or Maintenance - Park Facil. 110 110 110 110 110 110 660 Panther Lake O en S ace 24 68 92 Pove Bay Master Plan 41 41 Saghalie Pk Soccer Fld - Artif Turf 920 1 920 Trail & Ped Access Im 'ts 40 130 78 65 67 70 450 West Hylebos Boardwalk 1 365 1 365 Subtotal G _4,736 1,704 2256 11 672 1 513 9 003 304,884 Unfunded Ending Balance 0 0 (877) 110 669988 7( •582 20 116 6.4 Community Facilities Significant community investments have been made in the last 10 years to implement the community's vision for Federal Way. In addition to the investments in the surface water, transportation, and parks areas, the City also acquired and improved a basic set of community facilities to house City operations and provide space for community gatherings and recreation. The City acquired the rauFFent Gii , u"it, Klahanee Lake Community/Senior Center LSC , and Dumas Bay Centres= (a conference and retreat facility) in 1993. Strong local support in community recreation and arts activities translated into the City Council's adoption of a 2% For the Arts ordinance to provide funding for arts in public places in 1994, and the construction of the 254 -seat Knutzen Family Theatre in 1998. The new Ci!y Hall which consolidates most City administrative offices Public Safety, and the Municipal Court in one facility, was acquired in 2003. Also in 2003, King County divested itself of community swimming pools constructed with 1970 era Forward Thrust funds The City assumed the operations of Kenneth Jones Pool (KJP) as a result. Revised 2002 2007 2006 Comprehensive Plan Amendment VI -14 FWCP - Chapter Six, Capital Facilities The City began construction of a new 72,000 square foot Community Center in fall 2005. Construction was completed in early 2007. The facility houses Recreation and Cultural Services staff, and includes athletic and community facilities suitable for a wide variety of events and prop -rams. The facili will replace the KLCC and KJP operations. KLCC was surplused and sold in 2005 and leased back until the new center opened. The KJP facility will be returned to the Federal Way School District, who owns the underlying prgpea. Inventory of Existing Facilities As of January 20007, the City owns or occupies a number of facilities, as shown in Table VI -4 and Map VI -5. Projected Community Needs The City has identified a number of facilities to help deliver services more efficiently and adjust to the changing demographics of this community in the future. These projected needs are beyond the City's ability to fund within the six-year planning horizon. However, in order to keep the community's vision alive, we purposely did not exclude any of these community projects. The City Council will periodically review and prioritize these projects and provide funding when available. A description of these facilities with a summary list is provided in Table VI -5 (page 13). Table VI -4 Summary of Existing Community Facilities Building Name Own/ Leased •q .e. Inventory of Existing Facilities As of January 20007, the City owns or occupies a number of facilities, as shown in Table VI -4 and Map VI -5. Projected Community Needs The City has identified a number of facilities to help deliver services more efficiently and adjust to the changing demographics of this community in the future. These projected needs are beyond the City's ability to fund within the six-year planning horizon. However, in order to keep the community's vision alive, we purposely did not exclude any of these community projects. The City Council will periodically review and prioritize these projects and provide funding when available. A description of these facilities with a summary list is provided in Table VI -5 (page 13). Table VI -4 Summary of Existing Community Facilities Building Name Own/ Leased Use Sq. ft/Occupancy City Hall Own City operations not otherwise listed 2:7,1904 10 FT -9 88.085/approximately Publie Safet leased Pel•iGe QpeFatiORS 300 FTE and Council Chamber 23nni nz��w 50 FT - (3 lee ations) Police Evidence Municipal Oeun Own leased Police evidence room Coua Opefatie.; 6.000/2 FTE 6:700111 :75 FTT; Klahanee Community/ Own Community recreation and Rrec:reation And PA-4FAAMS 11,200/13 FTE, gym, kitchen, etc. Senior Center Leased operations Kenneth Jones Pool Leased Community pool Revised 2002 2007.2006 Comprehensive Plan Amendment VI -15 FWCP - Chapter Six, Capital Facilities Own/ Use Sq. ft/Occupancy Building Name Leased Federal Way Community Own Community recreation center with Center gym pools senior lounge, pre-school, and educational classrooms and multipurpose room with kitchen. Recreation staff offices. Steel Lake Annex Own Daycare, arts and crafts programs Steel Lake Maintenance Own Maintenance operations, outdoor Shop equipment and material storage Dumas Bay Center Own Public park, meeting/banquet/ (DBC) overnight lodging Knutzen Family Theater Own 254 seats performing arts theatre and (at DBC) rehearsal hall Miscellaneous Outdoor Leased Street maintenance material and park Storage equipment storage 72,000/13 regular FTE and approximately 20 part-time temporary personnel Opened in 2007 1,161 /program only �� 4 Z0 office and maintenance DM/32 FTE 6 approximately 9-0-s" ft storage yard and approximately additional I.5 acre.-�--ayadable for fixture expansion 6 meeting rooms, 70 overnight rooms, 12 acre park ground 10,000 material storage 2,000 equipment storage Miscellaneous Indoor Leased Spare office equipment/facility 260 sf. ft. Storage parts/records 2,160 cubic It boxes stored offsite in a document storage facility Table VI -5 Projected Community Facility Needs Type of Facility Year Size (so Cost (millions) 2894 109,800 $28.5 2. Seniff .,`. 2906 20,000 S43 3. C;9mmuR4y-GeRtef 2986 45,000 sk8-1 X9:8 4. 1. Indoor Competitive Sports Facility 2889 2015 75,000 g 10 $12 S2 -5--o 9g35 3 2, Performing Arts Centre 2949 2015 50,000 99,008 yard $40 6-.3. Maintenance Facility 24W 20094,5 008 Oy yard $475$1.0 6.500 office 4 Public Parkia Facilities 20D 200-400 stalls t Al e250af $1-2 X1-2 TOTAL $51 -$63 vi-tti Revised 2002 2007 m 2006 Corn Plan Amendment FWCP - Chapter Six, Capital Facilities Municipal Facility (General Government, Police, and Court Operations) The Citv acauired the current City Hall in 2003 and consolidated its police, court, and general governmental operations under one roof. About 10 percent or 8,000 of the total 88,500 square feet of space in this building is currently available for future expansions. In addition to the City Hall parcel the City also acquired two vacant lots to the north which is the location of the Police Evidence facility and overflow varkin2 for the City Hall/ Municipal Court. The City Council is considering presenting the annexation ballot measure to our Potential Annexation Area voters in the fall of 2007. If approved, it would add an estimated 20,152 people and approximately 7.6 square miles to the City's service area. This is an increase Revised 2002 2007.2006 Comprehensive Plan Amendment VI -17 "FAMWIM AWATAT ... .... .e. The Citv acauired the current City Hall in 2003 and consolidated its police, court, and general governmental operations under one roof. About 10 percent or 8,000 of the total 88,500 square feet of space in this building is currently available for future expansions. In addition to the City Hall parcel the City also acquired two vacant lots to the north which is the location of the Police Evidence facility and overflow varkin2 for the City Hall/ Municipal Court. The City Council is considering presenting the annexation ballot measure to our Potential Annexation Area voters in the fall of 2007. If approved, it would add an estimated 20,152 people and approximately 7.6 square miles to the City's service area. This is an increase Revised 2002 2007.2006 Comprehensive Plan Amendment VI -17 Win AWATAT The Citv acauired the current City Hall in 2003 and consolidated its police, court, and general governmental operations under one roof. About 10 percent or 8,000 of the total 88,500 square feet of space in this building is currently available for future expansions. In addition to the City Hall parcel the City also acquired two vacant lots to the north which is the location of the Police Evidence facility and overflow varkin2 for the City Hall/ Municipal Court. The City Council is considering presenting the annexation ballot measure to our Potential Annexation Area voters in the fall of 2007. If approved, it would add an estimated 20,152 people and approximately 7.6 square miles to the City's service area. This is an increase Revised 2002 2007.2006 Comprehensive Plan Amendment VI -17 FWCP — Chapter Six. Capital Facilities of 23 percent in population and 36 percent in land area. These increases would again place pressure on the current City Hall capacity and would require the expansion of the existing maintenance facility, as discussed below. Maintenance Facility The Parks and Public Works maintenance facility is located at 31132 28`h Avenue South. The original site is appr-e*ifna4eIy 1.7 aefes, with 4110 squefe feet of effiee and indeef main.tenanee ba'; entire site is approximately 1 4 acres with 1,060 square feet of office space and a 61,000 square foot fenced storage yard. The site was f.._.___ ly a fire station supplies,and was tf-ansfeffed to the City after- Ji-e-e—IFe-matien. Today, the old fire station effirse and— I.—use the eper-atiens and the fire tFursk maintenanee bay. Die yaf > and equipment ster-age for- depaAmental operations-. The Cily acquired two adjacent parcels, for a total of 2.25 acres, to the north of the facility in 2003 Today, the maintenance facility contains around 3,500 square feet of office space and 90 000 in fenced storage space with an additional 1.5 acres of land area available for future expansions. Parks Maintenance operates seven days a week, two shifts per day. The space needed for the maintenance operations includes a front counter/reception area, crew quarters (including an area for daily time cards, breaks, and crew meetings/training, etc.), as well as a locker room. Public Works streets and surface water maintenance operations have similar needs for office space; operating Monday through Friday, year round, one shift per day. Both Parks and Public Works maintenance operations tend to intensify during the summer months and require up to 15 part-time, seasonal workers at any given time. The potential annexation would require an anticipated eight regular FTE and eight FTE in seasonal help plus proportional vehicle and equipment increases. This increase would require the City to expand the maintenance office area by 2,000 to 3,000 square feet, and maintenance yard by 30,000 to 45,000 square feet. Revised 2002 2007 2006 Comprehensive Plan Amendment V1 -t8 KITMIM I MIN= MA The potential annexation would require an anticipated eight regular FTE and eight FTE in seasonal help plus proportional vehicle and equipment increases. This increase would require the City to expand the maintenance office area by 2,000 to 3,000 square feet, and maintenance yard by 30,000 to 45,000 square feet. Revised 2002 2007 2006 Comprehensive Plan Amendment V1 -t8 FWCP - Chapter Six, Capital Facilities The current site would accommodate the projected space needs. Should the City proceed with the South 312"' Avenue extension and 1-5 Access Ramp Addition Project, it is anticipated that the site would be significantly affected by the right-of-way needs and may not be sufficient to meet the above needs. Maintenance Facility Recommendation • 3;588 6,500 square feet for office space, accompanied by a 38;888 120,000 square foot storage yard • Three to five acre site (the existing site is approximately four acres, which is deemed sufficient) • Development cost is estimated at $2 $1 million Revised 2802 2007 2006 Comprehensive Plan Amendment VI -19 gFeup will be the faste Keeping this in fAind, the Gity r-eeegnizes f6eilities geafed to the the need te in6r-ease needs and interests its focus on pfevidin of this segment of the pepulatien. Revised 2802 2007 2006 Comprehensive Plan Amendment VI -19 FWCP - Chapter Six, Capital Facilities A. - Conference/ Performing Arts Center In 1994, the City of Federal Way, through the Arts Commission, asked AMS Planning and Research to conduct a feasibility study of a cultural arts facility to serve the City. Under the guidance of a 27 -member steering committee, AMS conducted a survey of local arts organizations, analysis of existing cultural and meeting facilities, market research with residents of the City and surrounding communities, interviews with key community leaders representing government and business, and meetings and workshops with the steering committee, all of whom provided base information. The study recommended a performing arts center to seat 1,000 patrons and a visual arts gallery. The performing arts center proposed in this study included design criteria that incorporated multi-level seating to accommodate as many as 500 — 600 people on an orchestra level, while still achieving intimacy for audiences. The construction cost for a performing arts theater was estimated in the 1994 report to be between $190 — $240 per square foot, Adiusted to 2007, the per square foot cost can easily be $400 — $500, or $25 to $30 million for construction. Site requirements called for a minimum of five acres; two acres for the facility and three acres to provide for surface parking and to meet additional code requirements. Alternatively, two to two and a half acres would be needed if structured narkine is used. The additional cost for structured parking would be $5 to $8 million. Based on these assumptions, Tthe full developmental cost is expected to be $25 $35 to $38 40 million. Maintenance and operation costs for a facility of this size were estimated to be $705,000 $750,000 per year. Projected revenues (using a 171 event day schedule) was $399,288; $390,000, leaving a net operating cost of $314,800 $360,000 to be generated through fundraising or an operating endowment. Conference/Performing Arts Facility Recommendation • 50,000 square foot facility • Two -acre site • QNB $35 — $40 million Revised 2002 2007 2006 Comprehensive Plan Amendment VI -20 Conference/ Performing Arts Center In 1994, the City of Federal Way, through the Arts Commission, asked AMS Planning and Research to conduct a feasibility study of a cultural arts facility to serve the City. Under the guidance of a 27 -member steering committee, AMS conducted a survey of local arts organizations, analysis of existing cultural and meeting facilities, market research with residents of the City and surrounding communities, interviews with key community leaders representing government and business, and meetings and workshops with the steering committee, all of whom provided base information. The study recommended a performing arts center to seat 1,000 patrons and a visual arts gallery. The performing arts center proposed in this study included design criteria that incorporated multi-level seating to accommodate as many as 500 — 600 people on an orchestra level, while still achieving intimacy for audiences. The construction cost for a performing arts theater was estimated in the 1994 report to be between $190 — $240 per square foot, Adiusted to 2007, the per square foot cost can easily be $400 — $500, or $25 to $30 million for construction. Site requirements called for a minimum of five acres; two acres for the facility and three acres to provide for surface parking and to meet additional code requirements. Alternatively, two to two and a half acres would be needed if structured narkine is used. The additional cost for structured parking would be $5 to $8 million. Based on these assumptions, Tthe full developmental cost is expected to be $25 $35 to $38 40 million. Maintenance and operation costs for a facility of this size were estimated to be $705,000 $750,000 per year. Projected revenues (using a 171 event day schedule) was $399,288; $390,000, leaving a net operating cost of $314,800 $360,000 to be generated through fundraising or an operating endowment. Conference/Performing Arts Facility Recommendation • 50,000 square foot facility • Two -acre site • QNB $35 — $40 million Revised 2002 2007 2006 Comprehensive Plan Amendment VI -20 FWCP — Chapter Six, Capital Facilities Multipurpose Competitive Sports Center The City of Federal Way enacted a 1% lodging tax and formed the Lodging Tax Advisory Committee (LTAC) in 1999 to promote and enhance the local tourism industry. The committee has commissioned a feasibility study for an indoor competitive sports facility that will increase visitors' stay in local hotels and complement the Aquatic Center and Celebration Park, two other regional/national amateur sports facilities in the City. A number of development concepts have been considered, one of which is a facility for basketball and volleyball tournaments with an athletic club for training/conditioning to generate on-going usage and revenue. One of the considerations for such a facility would be its ability to be financially self-sustaining. It would also ideally be developed and operated by the private sector, with minimum or no public participation. Conference/Performing Arts Facility Recommendation • 75,000 square foot facility • Five -acre site • x--$10 $10 — $12 million development and construction only, to be funded by private developer Public Parking Facilitv The existing city center development is currently near or at capacity with the required surface parking to business -space ratio. To intensify the development, such as the multi- story mixed-use developments envisioned by the community, additional parking_space will be needed. These additional parking spaces would most likely be achieved through structured parking, consistent with the multi -story mixed-use business space. These structured parking facilities are likely needed in order for each of the super -blocks to regain grounds for redevelopment. With the construction cost of structured parking at a premium when compared to land cost, some public/private partnership would likely be needed for them to be financially feasible. The partnership may be in various forms, but the essence is consistent that public funds are invested to secure certain amount of parking spaces in an otherwise private -business parking facility. Public Parking Facility Recommendation • 200 to 400 designated public parking spaces in conjunction with privately developed parking structures for redevelopment projects located within the City Center • Between $5 — $10 million total. Investments will vary depending on the need and type of redevelopment projects at each location. City_funding sources would be a combination of the City's economic development incentive fund and other state and federal economic development, and/or infrastructure funding sources. Revised 2902 2007, 2006 Comprehensive Plan Amendment VI -21 FWCP - Chapter Six. Capital Facilities Financing Plan It is desirable to have all theses facilities in the community as soon as possible. However, unless they are funded with private or voter -approved funding sources, the City's projected revenues will not support either the development or the required operating and on-going maintenance Of these facilities.-r„cr-ervr-e,QcrreTthan a-periru=rcnt-pRo==oma� ��»�_.4y (whirsh is substantially funded), additional spaee for- gener-al City operations is subjeet to The financing of maintenance facilites improvements is likely to be financed with contribution from King County for the proposed annexation. Other additional future facility additions would depend on future voter approval to raise additional capital and maintenance funds. The City updates its capital improvements program every other year in conjunction with its biennial budget process. These updates will reflect new project priorities and funding availability. 6.4.1 SCHOOL FACILITIES This section summarizes information in the Federal Way School District No. 210, 2001-/02 2007 Capital Facilities Plan (School Plan) and adopts the School Plan by reference. This plan covers the entire Federal Way School District which includes the City of Federal Way, portions of the incorporated City of Kent, City of Des Moines, gly of Auburn, and unincorporated areas of King County to the east of Interstate 5. The district provides educational programs to all students who live in the school district service area, whether they live in Federal Way, Kent, Des Moines, Auburn, or unincorporated King County. A school outside the Federal Way City limits may provide service to students who live within the City limits and vice versa. Inventory of Existing Facilities Map VI -6 shows the location of every school in the district. Table VT 6 summarizes the district's student capacity. The district has sufficient capacity in the existing schools and portable buildings to house all of the students in the district. Program Capacity The school district has established a Standard of Service, similar to LOS, for itself, which it calls "program capacity." The district's program capacity is based on: 1) the number of students per classroom; 2) the number of classrooms per school; 3) the number of classes that can be held in each classroom per day; and 4) other operational conditions. Revised 2042 2007 2006 Comprehensive Plan Amendment VI -22 FWCP — Chapter Six, Capital Facilities Table VI -6 Summary of Existing Facilities Capacities* *NOTE: These capacities are for buildings only and do not include portable classrooms. These capacities are based on the maximum use of the buildings. Program capacity assumes that the average class will serve the following numbers of students: Grade K-2 3000 2007 2001• 2002 2003 3004 3805 2806 CAPACITY 12 Students per classroom Portables 25 Students per classroom IEP** 15 Students per classroom • GATE is the Gifted and Talented Education program ** IEP are the Individual Education Programs Actual 2008 2009 2010 2011 2012 2013 Elementary School 11,131 1,403 11,079 a 1;033 11;@7 ll,ow 11,001 9_,552 9 526 9 500 9 474 9 474 9 474 9 474 lufli + Hig Middle School 4;7-24 5,518 4r7-24 5 518 4;74 5 518 4424 5 518 442-1� 5y518 4;724 5 518 3,324 5 518 Senior High 4,3W 4,323 4-,Q4 4;043 6$43 6493 649-5 6 145 6 145 6 145 6 145 6 145 6 945 6 945 TOTAL 20,1:77 20,151 20,,423 21;864 21,843 2-1;81 22,617 21.215 21.189 21.163 21137 21,137 21..937 21.937 *NOTE: These capacities are for buildings only and do not include portable classrooms. These capacities are based on the maximum use of the buildings. Program capacity assumes that the average class will serve the following numbers of students: Grade K-2 24 20 Students per classroom Grades 4-6 3_5 26 25 Students per classroom Grades 2—Q 6-12 2-5-26 Students per classroom GATE* 25 Students per classroom Special Education 12 Students per classroom Portables 25 Students per classroom IEP** 15 Students per classroom • GATE is the Gifted and Talented Education program ** IEP are the Individual Education Programs The school district uses portables at many school sites as an interim measure to house new students until permanent facilities can be built. There are other administrative measures that the school district could use to increase school capacity. These measures may include double shifting, modified school calendar, and year-round schooling. These measures have been used in the district on a limited basis, but not district wide. Forecast of Future Needs - Student Forecasts The school district's Business Services Department prepares a forecast of student enrollment annually. Projections are detailed at various levels; district total, school - building totals, and grade level totals. Special populations such as vocational students, special education students, and English as Second Language students are also included in the forecast. The basis for projections has been cohort survival analysis. Cohort survival is the analysis of a group that has a common statistical value (grade level) as it progresses through time. In a stable population, the cohort would be 1.00 for all grades. This analysis uses historical information to develop averages and project the averages forward. The district Revised 2002 2007, 2006 Comprehensive Plan Amendment VI -23 FWCP — Chapter Six, Capital Facilities uses this method with varying years of history and weighting factors to study several projections. Because transfers in and out of school system are common, student migration is factored into the analysis as it increases or decreases survival rates. Entry grades (kindergarten) are a unique problem in cohort analysis. The district collects information on birth rates within the district's census tracts and treats these statistics as a cohort of kindergarten for the appropriate enrollment years. Long-range projections that establish the need for facilities are a modification of the cohort survival method. The cohort method becomes less reliable the farther out the projections are made. The school district study of long-range projections includes information from jurisdictional planners and demographers as they project future housing and population in the region. Table VI -7 describes increased enrollment through the year 2906 2013. It shows that the school district's student population will grow steadily every year with the highest growth in ' elementary. The district has compared existing school capacity with growth forecasts. New construction, modernization and expansion, and additional portable purchases will mitigate the deficit in permanent capacity for the next six years. _ .u.L....b �. ................... , Tnlmnn High -8611001 - Table VI -7 Vadnral Wav gchnnl nietriet Student Forecast Location and CapaGi of New and Improved School Facilities Avenue South • Middle Sehoel en site to be detefmifie • High Seheel #4, site #85, 14*"�h Avenue South and South vi'�a Revised 2002 2007 2006 Comprehensive Plan Amendment 30002007 _ 388 3083 3883* 3084 308-5 3806 ENROLLMENT (FTE) Actual 2008 2009 2010 2011 2012 2013 4-1;649 11,593 11,5:79 9 660 9 Fi43 "P X383 Elementary9 013 9 134 9 289 9 286 9 202 9 289 9 614 d_i_-k}igMFMiddle School &;-300 5 230 5;404 4 959 5;593 4 915 3;3-58 4 949 5,-544- 5 038 X5-73 5 121 515&2 5 222 41390 4425 4,42-3 4494- 6;7.336$39 6;936 Senior High 6 798 7 057 6 988 G 925 6,742 6 672 66714 TOTAL 21 0 21.040 21;442 21,150 21,595 21,192 21,70 21.260 21419 21,282 22-0-51 21:382 22-123 21.550 Location and CapaGi of New and Improved School Facilities Avenue South • Middle Sehoel en site to be detefmifie • High Seheel #4, site #85, 14*"�h Avenue South and South vi'�a Revised 2002 2007 2006 Comprehensive Plan Amendment FWCP - Chapter Six, Capital Facilities The district presented a bond for voter approval on November 7, 2006, which was not approved. The bond is intended to replace four elementary schools (Lakeland, Panther Lake, Sunnycrest, and Valhalla) and one middle school (Lakota). The Transportation, Nutrition Services, and Maintenance departments would 1 also be replaced with successful passage of the bond. Additionally, district wide upgrades to 24 other schools and district facilities are included in the bond. Existing schools are identified in Map VI -6. Finance Plan Table VI -8 (page 21) describes the school district's six-year finance plan to support the school construction. The table identifies $25� $8,968,301 available from secure funding sources and an additional $58,885,000 $172,640,000 anticipated from other funding sources between 2004- 2007 and 2406 2013. These funds will cover the $82,601,092$158,000,00 in planned project costs to the year 2006 2013. Revised 2002 2007, 2006 Comprehensive Plan Amendment VI -25 FWCP - Chapter Six, Capital Facilities 30" �A--Site-�weh eye-in-the-28sacelencla�-year: Revised 2802 2007 2006 Comprehensive Plan Amendment VI -26 MIJ . . III�IIIII� 30" �A--Site-�weh eye-in-the-28sacelencla�-year: Revised 2802 2007 2006 Comprehensive Plan Amendment VI -26 d N 3 0 o 0 o o O C N X Et] O O O O C 0 0 0 0 0 VI vNi� r�i 4 M V C A p �y 0 Q7� cn a` Q O 00 M N •- N y 'WOA r 0UN0 O N (Ui OQ t/VLc1i O M vc� O N N O q N 3 0 o 0 o o O C N X Et] 0 0 0 0 0 Vl N � C C C C 0 0 0 0 0 VI d > ai 4 M V C A V �y 0 0 cn a` Q u_ R O F 0 D 0 0 0 Q 0 o 0 o o O Q rn 0 M Q Q o o 0 o o V) 0 0 0 0 0 V1 0 0 0 0 0 Vl 0 0 0 0 0 VI N 0 0 0 0 0 Q N 0 0 0 0 0 O 00 0 0 0 0 0 VI o o 0 o o N N Q a 0 M Q V� 00 M O p 0 0 0 0 O O O N O M O N N O N O O O O .� N —_ Vl VI O N p N .N-. 06 .N. CO 0 0 o N N N 0 0 0 o � r o o voi r O O O o0 w1 M N 00 N r r vi N V�1 O o 0 0 0 0 O O O O N N v v o - o 0 o r CI N r h �n �n o In O O O O O O O O O O O O r m r o o h S v Np0 O O �O r fin O O O O <+ h O o C o O O O d' p N O O O O O O 9 C y Q b Q VOI �p N U a 0 L Q C Y y y C O C •u o v � - ❑ o FO a L li b .i J ti FWCP — Chapter Six, Capital Facilities The School Plan states that state matching funds and impact mitigation fees, if realized, will be used to decrease the need for future bonds or will be used on additional capital fund projects. The School Plan currently covers the years 2991--2006 2006-2013. The School Plan and accompanying six-year finance plan will be updated annually by the school district. This will bring the plan into full compliance with GMA requirements. 6.4.2 WATER SYSTEMS This section summarizes the Lakehaven Utility District's 1998 Comprehensive Water System Plan (Water Plan, incorporated in full by reference) while providing up-to-date information where warranted. Map VT 7 shows Lakehaven Utility District's (hereinafter referred to as "the District" in this section) water service area boundary. Other purveyors provide water to portions of the District's corporate area. The Tacoma Public Utilities, for example, serves an area on the west side of the District's corporate area. Highline Water District serves a small portion of the north side of the District's corporate area (Map VI -8). The City of Milton serves a small area on the south side of the District's corporate area that is within the City of Milton limits. Areas on the east side of I-5 within the City limits of Auburn and Pacific are provided water service by the District by agreement with the cities. These areas are at a higher elevation than the valley cities can cost effectively serve. Inventory of Existing Facilities The locations of the District's wells, storage, and other major components of the distribution system are leeatea on AMp W provided in the Water Plan. The water system includes approximately 450 miles of water main 24 production wells, and 12 storage tanks The average annual daily demand in 2005 was about 10.53 million gallons per day (MDG). Other The facilities are described in the following sections. Groundwater Resources The District's existing groundwater sources originate from four aquifer systems: the Redondo -Milton Channel Aquifer-, Mirror Lake Aquifer; Easter Upland Aquifer-, and the Federal Way Deep Aquifer. The Water Plan estimates that the combined production limit for these aquifers on an average -annual basis is 12.3 MGD during average precipitation, and 8.7 MGD during a simulated 10 -year drought. The current peak -day combined pumping_ capacity is 27.8 MGD assuming the District's largest production well, Well 10A, is out of service. Second Supply Project The District participates in the Second Supply Project (SSP aka Tacoma's Pipeline No. 5) The District is accessing the pipeline at three flow control facilities provided at strategic locations along its route through greater Federal Way. These facilities allow the District to receive water from and send water to the Second Supply Project (SSP). These Revised 2002 2007 2006 Comprehensive Plan Amendment VI -28 FWCP - Chapter Six, Capital Facilities facilities together add an average 7.8 MGD to the District's water supply, depending upon the availability of water from the Green River. Water available from the SSP is conditioned upon adequate in -stream flows in the Green River. Water Quality Historically, the District has not had to treat its water supplies to meet re lug atory requirements before distribution to its customers. However, the District began a chlorination and corrosion control treatment program in July 2001 for all of its groundwater and other sources of supply to meet newer regulations. The district's status with respect to regulated drinking water contaminants covered by the WAC 246-290 and ariticipated water quably regulations is summarized in Section 10 of the Water Plan Regulations that are prompting treatment of the District's groundwater supplies are the Lead and Copper Rule the anticipated Ground Water Rule and the Surface Water Treatment Rule due to the potential for increased distribution of surface water obtained from Tacoma's (or other utilities') system(s) throughout the District's distribution system. The District has also installed water treatment systems at Well Sites 9 19/19A 20/20A 22/22A/22B 23/23A and 29 that remove iron, manganese, and other impurities from the groundwater. Storage Facilities According to the Water Plan storage facilities will remain adequate through the planning period. For the storage analysis extended period simulation modeling was conducted to evaluate the storage draw -down during fire flow events and to evaluate storage equalization during multiple -day periods of maximum -day demand conditions. The storage analysis model was conducted using the "Backup Power Approach," which is summarized in Section 9 of the Water Plan. The District has installed an emergency power system at its Well 10/1 OA Site and is in the process of installing emergency power systems at its Well 17/17A/17B 19/19A and Well 25 sites to preclude the need for new storage facilities. Water Conservation Measures The District is committed to implementing aggressive water conservation measures to reduce per capita water consumption These include programs such as public information campaigns including block water rate structure to reduce peak day consumption winter - summer water rate adjustments to reduce summer consumption, and a "wet -month average" sewer rate structure. The District is also working with the City to introduce water conservation measures by amending the zoning and building codes. These measures include a requirement for low flow showerheads and toilets utilizing species for landscaping with reduced irrigation needs, and use of reclaimed water for irrigation. Transmission/Distribution System The results of computer modeling have found the transmission and distribution pipeline network to be very robust Of particular note is that the fire insurance rating for South King Fire and Rescue improved from Class 3 to Class 2 in 2004. The majority of the District is served by this fire agency. Forty percent of the score for the rating process is based upon available water supply. This rating improvement is a significant Revised 29022007 2006 Comprehensive Plan Amendment VI -29 FWCP — Chapter Six, Capital Facilities accomplishment as the new classification is on par with the rating held in Seattle and Bellevue the only other departments to hold a Class2 rating (no fire agency in Washington holds a Class 1 rating) The pipeline network is continuing to be expanded through developer extension proiects undertaken by land development activity. I 4i /Fl C .FOI FRe mss Emergency Interties Emergency Iinterties connect ba•kehavell`V-s the District's water system with adjoining systems of other utilities. Emergency Iinterties allow the District to buy or sell water with adjoining utilities in an emergency and are ant_al baek up that provides enhanced system reliability. The District has three emergency interties with the City of Tacoma's water system three emergency interties with Highline Water District's water systems, and one emergency intertie with the City of Milton's water system. first e_ = uee-plamed- the aEba6ent water- puFveyeF&.-Not-aII-inte­`;es allow 4me-Aipf4lo,4- Details +et4ies are d 1. d below- a Disifiet and Traeoma Publie Utilities system and serves as an emefgefiey supply T«tLaT,. Kes. .lb..' Revised 2002 2007 2006 Comprehensive Plan Amendment VI -30 FWCP — Chapter Six, Capital Facilities Forecast of Future Needs The 1998 Gempr-ehensive Water Syste Plan estimates future need by analyzing existing water demand (measured consumption plus unaccounted-for/non-revenue water loss) patterns on a daily, seasonal, and yearly basis. len valties into per- eapita e i gallens per- day. Avefage estimate ef the futufe demand fer- water-. These ntHnber-s were Fedueed slightly4e-aeeou-PA pr-egram. Between 1997 pad 2017, the water- se i . . iolation is e*peeted t iner-ease by 41,600 people, fer- a total weAer- sefviee population ef . The District breaks down the water demand values on an "equivalent residential unit" (ERU) basis, which is essentially -the amount of water used by an "average" family residing in an "average" single family residence situated within the District's water service area—if used uniformly over the year. The seven-year District -wide average of measured unit consumption between 1999 and 2005 was 234.41 gallons per day per ERU. When including the unaccounted-for/non-revenue water loss component the District -wide average day demand becomes about 255alg lons per day per ERU. Population and employment growth projections converted to ERU's are then utilized to estimate_ future water demands Utilizing a conservative methodology that disregards the impact of the District's water conservation efforts the Water Plan estimates average day demands will increase from 10.53 MGD in 2005 to 11.04 MGD in 2012 and to 12.77 MGD in 2025. Location Gf Expanded and Improved Facilities The District has programmed a number of system improvements to maintain and expand the existing water system, - __ - - water sE)tir-ees, ''fill wells, and e pa the distribution syste „L These improvements are summarized below. Revised 2882 2007 2006 Comprehensive Plan Amendment VI -31 ffi1\ i Y IM ■ I \. • • r ■ Forecast of Future Needs The 1998 Gempr-ehensive Water Syste Plan estimates future need by analyzing existing water demand (measured consumption plus unaccounted-for/non-revenue water loss) patterns on a daily, seasonal, and yearly basis. len valties into per- eapita e i gallens per- day. Avefage estimate ef the futufe demand fer- water-. These ntHnber-s were Fedueed slightly4e-aeeou-PA pr-egram. Between 1997 pad 2017, the water- se i . . iolation is e*peeted t iner-ease by 41,600 people, fer- a total weAer- sefviee population ef . The District breaks down the water demand values on an "equivalent residential unit" (ERU) basis, which is essentially -the amount of water used by an "average" family residing in an "average" single family residence situated within the District's water service area—if used uniformly over the year. The seven-year District -wide average of measured unit consumption between 1999 and 2005 was 234.41 gallons per day per ERU. When including the unaccounted-for/non-revenue water loss component the District -wide average day demand becomes about 255alg lons per day per ERU. Population and employment growth projections converted to ERU's are then utilized to estimate_ future water demands Utilizing a conservative methodology that disregards the impact of the District's water conservation efforts the Water Plan estimates average day demands will increase from 10.53 MGD in 2005 to 11.04 MGD in 2012 and to 12.77 MGD in 2025. Location Gf Expanded and Improved Facilities The District has programmed a number of system improvements to maintain and expand the existing water system, - __ - - water sE)tir-ees, ''fill wells, and e pa the distribution syste „L These improvements are summarized below. Revised 2882 2007 2006 Comprehensive Plan Amendment VI -31 FWCP — Chapter Six, Capital Facilities Groundwater Resources The District is drilling and developing an additional production well (Well No. 33) to perfect its water rights The District is continuing to pursue its OASIS protect (Optimization of Aquifer Storage for Increased Supply) under the ASR concept (Aquifer Storage and Recovery)The OASIS feasibility study determined that the Mirror Lake Aquifer can be used to store up to approximately 9.4 billion gallons of water filled over the winter from excess water supply and withdrawn over the drier summer months for water supply purposes Combining funding from its wastewater utility, the District is also pursuing its Water Reuse/Reclamation Project utilizing wastewater suitably treated at the Lakota Wastewater Treatment Plant conveyed through a separate pipeline system, and utilized for beneficial pgMoses such as augmenting groundwater supplies. Second Supply Pipeline signifieant eff-eft is the Seeend Supply Pr-qjeet (aka Taeoma's Pipeline Ne. 5). Based On euffeat plans, the Distfi the pipeline a4 dwee leeations. The first flew eentfel AdministT-ation . (BPA) power- tfansmission line eeiT-idof at about. 5-:euth -31-7th Stfeet. T -h et„ ♦ Th th Aft t. t f '1't. (t„ be named CCP #3) � CIS_-"___"- J e,. eet and the BPA , fi--ide fer-ossing,.t 15 on aver -a 9 per- day (N4GD) to the Distfiet's supply depending upon thf.. of water, W ter- available fi-7ofn the Seeend Supply Pf:pjeet is eonditione A upen dequale i -stfeafn fIE)IA S "a th r-een River, The expansion of storage behind Improvements are being implemented to the Howard Hanson Dam -on the Green River that will expand storage behind it, which will help mitigate the seasonal variation in available water by increasing in -stream flows during the drier parts of the year. The -Q should ear-eMly moniter- this pr-ojeet's pr-egr-ess to ensure that water- will be available to meet «e needs as identified in the FWlQ=P- Water- ResOUFees 100,000 thr-eugh 26,967 eennerations. The water- system ineludes appr-exifa of water- main, 20 aetive wells, and 12 storage tamlffi. The aver -age daily demand in 2001 IAIA—S; ah-eut 10.1 MGD. The Distriet's existing water- sour-ees aFe predominately gr-ound,�A,atef supplies that b inateffem four- aquifer- systems: the Redondo Milton Channel Aquifer-; Mir -for- , Eastefn Upland and the Feder -a! Way Deep Aquifer, The Water- Plan estimate Aquifer-; that the eombined pr-oduetion lifffit far- these aquifers en an avefage annual basis is 10. 1 N461) dar-ing aver -age pr-eeipitatien and 9.0 MGD during a simulated 10 year- drought. The , the Distr-iet has bought sur-faee- f Revised 2902 2007 2006 Comprehensive Plan Amendment VI -32 FWCP - Chapter Six, Capital Facilities 000 the ■ ffem the Taeofna Publie Utilities beeause aquifer- watef levels have suffieientb, feee"wed. ■ er-suppever_ 2004Supply Pipeline is eempleted at the end of ■ Distriet does not plan to pufehase any water- fifem Tarrema Publie Utilities en a wholesale basis. Water Quality Hister4eally, the DistiFiet has not had to tfeat its water- supplies before distribution. Gr-eundwatef quality has generally been suffielient. However-, the ■ 2001 for- all of its The DistiFiet's status with fespeet te Fegulated drinking water- eentaminants ee-yer-ed by the WAG 246 290 and antieipated water- quality fegulations is sufim:nar-ized in chapter -10 e the Water- Plan. Regulations that af of the Distfiet's gr-oundwate >Rule, and Stiffaee Water- T-featment Rule due to the potential fef inefeased distribution ef suffaee wate obtained F..,.fn Ta a's (e other- utilities') system(s) th f ,.hoot the Distf ..t�� distribution system Filtration is planned for the Green River water conveyed by the Second Supply Project. The District has plans to install water treatment systems at Well Sites IOC, 17/17A/17B, and 21 to remove iron, manganese, and other impurities from the groundwater. Revised 2802 2007, 2006 Comprehensive Plan Amendment VI -33 ■ Mw. EMWIT ■ - - Revised 2802 2007, 2006 Comprehensive Plan Amendment VI -33 FWCP — Chapter Six, Capital Facilities Transmission/Distribution System Minor improvements to the transmission and distribution pipeline network are recommended in the Water Plan such as a new transmission main in the Adelaide and Lake Grove neighborhoods to convey water more efficiently to nearby storage facilities. Significant investments are also contemplated to relocate existing pipelines that will conflict with infrastructure resulting from street improvement protects undertaken by other agencies within the District's water service area. Finance Plan A utility undertakes a capital program for many different reasons, including: expanding the capacity of its systems, maintaining the integrity of existing systems, and addressing regulatory requirements. The District is required to comply with its own Water Plan and to support regional decisions on population growth and land use. The District has identified several significant capital improvement projects in its Water Plan. The scheduling of these projects is included in the T akehaven T T District's zoo-r/n-Loo Adopted d most recent Capital Improvement Program Pr-ejeets (CIP) fie -irk n age 26 and AMp rrl� that is developed and approved annually. The District has access to sufficient funds that can be utilized for operation and maintenance of its existing facilities, and for pursuin- Ecapital Pprojects. Opefatie In addition, the District has depreciation, interest income, assessment income, and connection charge monies that it can utilize for funding the CIP. Additionally, the District can borrow money or increase rates, if necessary, to best meet the needs of its customers. The District has utilized a very conservative approach in budgeting for the CIP by utilizing the growth projections developed by each of the land use jurisdictions located within the District. The District will provide facilities as required to support growth within its service area. The schedule and project costs will be updated annually through the District's budget and capital improvement program process. Revised 200 2007 2006 Comprehensive Plan Amendment VI -34 Wall I• Revised 200 2007 2006 Comprehensive Plan Amendment VI -34 K] LY nAN0-1 ill i d E d E N r O mono ME MOEN N r O m FWCP — Chapter Six, Capital Facilities 6.4.3 SEWER SYSTEMS Lakehaven Utility District's Comprehensive Wastewater System Plan (Wastewater Plan, incorporated in full by.reference including modifications made to it through the first four amendments [Amendment No 4 was adopted on February 9 20061, and any future amendments) was last updated in 1999. The Wastewatef n, and any ,'.- f'«e amendments or-ated into this plan by r-efer-enee. The Wastewater Plan is scheduled to be updated soon. The Lakehaven Utility District's (hereinafter referred to as "the District" in this section) sewer serm� area is located in the southwest portion of King County, that includesing the unincorporated areas east and fi of the existing City limits of Federal Way. Map ►,� VI -9 shows the District's sewer service area. Other utilities provide retail sewer service to relatively small ortions of the District's corporate area, including Midway Sewer District on the north side of the District the City of Auburn on the east side of the District and the City of Milton/Pierce County on the south side of the District. County Pierce County, and the City of Tacoma As of the end of 2005, the District was serving a residential population of approximately 87,000 through 24,000 connections. Inventory of Existing Facilities The sanitary sewer system is comprised of three major components: the trunk collection system, the pump station system, and the wastewater treatment plus and disposal s sY tem. The trunk system collects wastewater from drainage basins and conveys it to the treatment facilities, phmt primarily by gravity flow. In areas where use of gravity flow is not possible, pump stations and force mains are used to pump the sewage to a location where gravity flow can be used. AMp V-1 12 shows the leeation of these eempenents of thee system..The locations of the major components are provided in the Wastewater Plan. The existing collection system operated and maintained by the District consists of approximately 275 miles of sanitary sewer pipe, 6,490 -moles, 2-78 pump stations, 6 siphons, and 2 secondary wastewater treatment plants namely the Lakota Wastewater Treatment Plant and the Redondo Wastewater Treatment Plant. The system has been constructed over a number of years, as dictated by development trends in the area. The system is currently divided into 7 primary basins and 40 smaller sub -basins. The wastewater generated within the two largest basins, Lakota and Redondo, flow to the District's wastewater treatment plants. The remaining five basins currently discharge to the other utilities for treatment and disposal as mentioned above. The District currently has the capacity in all the major components of the system to accommodate the existing demand for sanitary sewer service. The wastewater treatment plants have been retrofitted with ultraviolet (UV) disinfection systems to replace chlorination systems to comply with state regulations Major sewer facilities have recently been constructed to expand sewer service into large "unsewered" areas (the Revised 2002 2007 2006 Comprehensive Plan Amendment VI -38 FWCP - Chapter Six, Capital Facilities 19'h/201" Avenue SW Sewer Trunk and Weyerhaeuser Sewer Trunk) and to divert flow to its own treatment facilities that had previously been conveyed to other utilities for treatment (Pump Station No 45 and the South End Diversion Sewer Trunk). Significant upgrades have been undertaken for its largest pumping facility, Pump Station No 6 to improve its reliability and provide an odor control system. Other existing pump stations have been significantly upgraded with new pumps and electrical systems (Pump Station No 7 10 and 22) and others have been provided on-site emergency generators to allow their continuous operation during a commercial power outage (Pump Station No. 35). A recent major project was undertaken to replace deteriorated pipe material for the North Beach Sewer Trunk Pipeline along the Puget Sound shoreline at Lower Woodmont. In addition to the expansion of the District's collection system funded by developers, the District recently funded a new pressure sewer collection system to provide sewer service availability to residents in the established Lakota Beach neighborhood near the Puget Sound shoreline. Forecast of Future Needs Population forecasts are based on the adopted land use plans of the various jurisdictions within which the District operates. 44iey The population figures are presented by drainage basin to allow for evaluation of the system and consideration of future improvement alternatives. As of 1997, there were appf:exifnately 1 0-91001-1 r -e iden s within the Distf iet' eatpefate bound: The population within the District's sewer service area is projected to increase to nearly 121,000 b 2003, and almes* 150,000 by 2017 approaching the projected "ultimate" population of 180,000 based upon land capacity. An estimated 7,500 on-site wastewater disposal systems are in operation within the District's corporate boundary. It is anticipated that sewer service will be extended to these "unsewered" areas as on-site systems become less viable to maintain and/or when new development requires public sewers. The average base daily flow tributaryto fiem the District's two wastewater treatment plants excluding infiltration and inflow (I & 1), is currently estimated at 44 5_8 MGD and is expected to increase to nearly 413 8_0 MGD by 209717, 15 MGD by and nearly 25 17.0 MGD at full development. Peak hourly flows, tributary to the District's two wastewater treatment plants, including ' I & A are currently estimated at 2-4- 26.9 MGD and are expected to increase to nearly 28.2 in 199; 3-3 MGD by 2017, and 48 40.0 MGD at full development. Hydraulic capacity at both wastewater treatment plants is estimated to be available up to the original design peak hour capacities of 22.2 MGD for Lakota and 13.8 MGD for Redondo. Revised 2092 2007.2006 Comprehensive Plan Amendment VI -39 FWCP — Chapter Six, Capital Facilities Expanded and Improved Facilities The District is planning the rehabilitation and lengthening of the Redondo Wastewater Treatment Plant's outfall pipeline that discharges treated wastewater into Puget Sound. A project to further dewater and dry the biosolids material that results from the wastewater treatment process is being considered to reduce operating costs Combining funding from its water utility, the District is also pursuing its Water Reuse/Reclamation Project, utilizing_ wastewater suitably treated at the Lakota Wastewater Treatment Plant, conveyed through a sgparate pipeline system and utilized for beneficial pumoses, such as augmenting groundwater supplies. Additional new and expanded sewer facilities are planned to divert additional flow to its own treatment facilities that is currently being conveyed to other utilities for treatment (new Pump Station No 44 and expanded PuLnp Station No. 33). On-site emergency generators are planned at other existingpump stations (Pump Stations No. 12, 37 and 41) to allow their continuous operation during�a commercial power outage. The District is continuing to fund new pressure sewer collection systems to provide sewer service availability to residents in established neighborhoods particularly those around lakes (North Lake Five -Mile Lake, etc.). Finance Plan A utility undertakes a capital program for many different reasons, including: expanding the capacity of its systems, maintaining the integrity of existing systems, and addressing regulatory requirements. The District In addition, the tAili " is required to comply with its own Comprehensive Wastewater System Plan and to support regional decisions on population growth and land use. The District has identified several significant updatits capital improvement pregram projects in its Wastewater Plan. annually as paFt Of the DiStFiet's The scheduling of these projects is included in the District's most current Coital Improvement Program (CIP) that is developed and approved annually. The District has access to sufficient funds that can be utilized for !"'apical D~EjeetS ^^a 9operations and maintenance of its existing facilities and for pursuing capital projects. In addition, the District has depreciation, interest income, assessment income, and connection charge monies that it can utilize for funding their CIP. Additionally, the District can borrow money or increase rates, if necessary, to best meet the needs of its customers. Revised 2002 2007 2006 Comprehensive Plan Amendment VI -40 FWCP - Chapter Six, Capital Facilities The District has utilized a very conservative approach in budgeting for the CEP by utilizing the growth projections developed by each of the land use jurisdictions located with the District The District will provide facilities as required to support growth within its service area The schedule and project costs will be updated annually through the District's budget and capital improvement program process. ... - 6.4.4 FIRE FACILITIES This section summarizes the Fedefal Way Fire n ^'moment Long g Range p1^" `Fire Dlan) adopted in 199 1,, South King Fire and Rescue Strategic Leadership Plan, and the department's subsequent StFategie Pla ugpdates. The fire department provides service to the entire City of Federal Way, the entire City of Des Moines, and surrounding unincorporated area. Total population in the department's service area is approximately 150,000 citizens. Services include fire suppression, fire prevention (building inspection and public information), emergency medical, hazardous materials responses,up blic education emergency management, and rescue emergencies (special operations). The Feder -a! Way Fire Depai4mea South King Fire and Rescue has a contract with the City of Federal Way and Valley Communications for the provision of emergency 911 communications, wherein they act together with the City as a part owner of Valley Communications. The Fife South King Fire and Rescue Strategic Leadership Plan identifies and programs improvements that are necessary to maintain existing service standards and to meet the needs of future residents and businesses. The l=ife Pplan and future updates are adopted by reference into the FWCP. The fire department provides fire suppression service to the entire City. In order to do this, the department has adopted the fellewing LOS standards. found in the South King Fire and Rescue Resolution Number 413, • Each emergency fire response should include a minimum of twe fire fighti" 1, , d fiatw fully equipped and fully tFai ,ed , , . &wA3e,... 15 trained and equipped firefighters and apparatus commensurate with the emergency (a standard response of four engines, one ladder truck and one command vehicle are sent on all structural incidents). Revised 2042 2007 2006 Comprehensive Plan Amendment VI -41 d CL U a C m E ■ ru 11111111111111111111111 FWCP — Chapter Six, Capital Facilities • Each emergency medical response should include a minimum of one response vehicle and two three fully -equipped and fully -trained crew members on a responding engine company, or two crew members on an aid car (either an engine or an aid car, or a combination of both, can be sent on the response depending upon the severity). • The fire department provides a full building inspection service for fire code compliance. The department is currently providing service that is generally consistent with its adopted LOS standards. The fire department also depends on having adequate water pressure available in fire hydrants to extinguish fires. The department works with the Lakehaven Utility District, Highline Water District (in the City of Des Moines), and other water utilities within its corporate limits, to ensure that adequate "fire flow" is always available. Lakehaven Utility District's Water System Plan analyzes "fire flow" rates available at different points in its water system, and programs improvements to the water system to ensure that sufficient water is available for fire suppression. Emergency Medical Services Emergency Medical Services (EMS) responds to 911 calls and provides field services. This service is paid for by property taxes. Effiefgeney Medieal Serwiees are EMS is provided as a marginal cost to the fire department as fire facilities are utilized to provide this service to the community. Although there are e aea;eatea f rarities .,',,,-nen fe . . of EMS, thfee aid ear -s afe seheduled for- Y-eplaeement in the year- 2003 at a pfejeeted eest of $336, The fire department replaces its five front line aid cars, of which staffs three on a normal basis, commensurate with its capital replacement plan and capital reserves system. The section on funding (Funding Plan) addresses how the ongoing replacement purchase of these aid cars will be funded. Inventory and Capacity of Existing Facilities The department has two major types of capital facilities. One is fire stations and the other is capital investment in equipment and, in particular, fire engines. The department's fire stations are shown on Map V-14 VT 10. Forecast of Future Needs From 1986 through 1992, emergency responses increased at an average annual rate of over eight percent. In 1990, public education efforts included 911-use/abuse training. The increases in call volume during 1993 and 1994 leveled off with 1994 volume increasing Revised 2042 2007.2006 Comprehensive Plan Amendment VI -45 FWCP — Chapter Six, Capital Facilities only 1.5 percent from the 1992 level. It is unknown, however, how much, if any, effect the 911 public education effort had on actual call volumes. In 1995 and 1996, calls for service again increased at an average rate of 8.1 percent. Although calls actually decreased slightly in 1997, call volumes increased by 14 percent in 1998. The call data indicates a fairly steady increase of approximately six percent per year. Emergency medical incidents have increased more rapidly than non-medical incidents. During the 1990s, structure fires have declined. The challenge for the fire department will be to manage fixed -cost investments, such as new stations, and to be flexible in its ability to meet fluctuating call volumes. Location and Capacity of Expanded or New Facilities \ , - 11 111 1 1 Y- Y. i 1 In September of 2005 the citizens within the City of Des Moines voted overwhelmingly to merge with the City of Federal Way Fire Department The result of this merger caused the name of the fire department to change from the Federal Way Fire Department to its present South King Fire and Rescue The legal name for the fire district is actually King County_Fire Protection District #39 (KCFPD #39) although the department does business as South King Fire and Rescue. South King Fire and Rescue operates out -of eight stations seven of which are response stations with the eighth being a training and maintenance facility. Two of the eight stations are located within the City of Des Moines two stations lie within unincorporated King County, and four are located with the City of Federal Way. As of 2006 projections, the fire department responds on approximately 16,000 emergencies annually. eeend, e The department may have need for an additional station in the near future in the south end of the City in the vicinity of 356`h and Pacific Highway- or, possibly a little more north in the area of South 336"' or 348`'' and Pacific Highway South. If this area continues to experience significant commercial growth, the department anticipates that the calls for service will also continue to grow. In this eventuality, an additional station may be needed to maintain acceptable response times. The department has acquired property in this area the area of 356"' and Pacific Highway South through a swap of properties with Lakehaven Utility District to assure future availability of a station site. Revised 2082 2007 2006 Comprehensive Plan Amendment VI -46 FWCP — Chapter Six, Capital Facilities Additionally, the department may have a need for an additional station in the future in the far north end of the fire district within the City of Des Moines. The North Hill area of Des Moines is protected both by South King Fire and Rescue, as well as KCFPD #2, via an interlocal first response agreement. The timing of this potential new station would be predicated upon any future merger discussions between the two fire districts (South King Fire and Rescue and KCFPD #2) none of which are currently taking place. Any new station should be able to accommodate an on -duty crew of three fire fighters, with appropriate living and sleeping quarters. In addition, the structure should be able to house two engines and an aid car, with room for growth dictated by LOS demands. It may also be appropriate to provide a public meeting room and an office for community policing in new facilities. The cost of these facilities is approximately $1,500,000 $2,000,000. Equipment would be in the range of $500,000 $700,000 for a new station. in the south end Equipment for- a e station in the ef4h end would be provided m th elesu fes of Stations c The fire department does not presently have a timeline for construction of new fire stations at either of their two proposed fire station locations. Funding Plan The fire department has established a capital reserve fund for the systematic replacement of all capital equipment. These reserves are funded from the annual revenues of the department. The department also has established a longterm goal of a minimum of #wee four -paid fire fighters on each fire apparatus (this is the national standard adopted by NEPA 1710). Additional staff that is hired in support of that goal will be funded from either new construction levies or additional voter -approved levies. The department has not established any funds for purchase of new stations or associated equipment. These purchases would require voter -approved bonds. In the department's annually adopted budget, capital projects are identified. This capital projects list is up -dated based on completed projects and changing priorities. The FWCP adopts by reference the dent's South King Fire and Rescue r,r� Strategic Leadership Plan, as well as the annual capital improvements program update. 6.5 GOALS AND POLICIES The goals and policies in this section implement the GMA requirements and the CWPP. The City of Federal Way takes responsibility for implementing only those goals and policies for services provided by the City. Special service districts, such as the school, utility, and fire districts, must implement goals and policies that are consistent with their respective plans. The City does intend, however, to closely coordinate the City's plan with these service districts so that the citizens of Federal Way receive the highest level of service possible. Revised 2002 2007, 2006 Comprehensive Plan Amendment VI -47 Goal FWCP - Chapter Six, Capital Facilities CFG1 Annually update the Capital Facilities Plan to implement the FWCP by coordinating urban services, land use decisions, level of service standards, and financial resources with a fully funded schedule of capital improvements. Policies CFP1 Provide needed public facilities and services to implement the FWCP. CFP2 Support and encourage joint development and use of community facilities with other governmental or community organizations in areas of mutual concern and benefit. CFP3 Emphasize capital improvement projects that promote the conservation, preservation, redevelopment, or revitalization of commercial, industrial, and residential areas in Federal Way. CFP4 Adopt by reference all facilities plans and future amendments prepared by other special districts that provide services within the City. These plans must be consistent with the FWCP. CFP5 Adopt by reference the annual update of the Federal Way Capital Improvement Program for parks/recreation, surface water management, and the Transportation Improvement Program. Goal CFP6 Protect investments in existing facilities through an appropriate level of maintenance and operation funding. CFP7 Maximize the use of existing public facilities and promote orderly compact urban growth. CFG2 To meet current needs for capital facilities in Federal Way, correct deficiencies in existing systems, and replace or improve obsolete facilities. Balancing existing capital facilities needs with the need to provide additional facilities to serve growth is a major challenge for Federal Way. It is important to maintain our prior investments as well as serve new growth. Clearly, tough priority decisions are facing Federal Way policy -makers. Policies CFP8 Give priority consideration to projects mandated by law, and those by state and federal agencies. - V 1-40 Revised 2042 2007 2006 Comprehensive Plan Amendment Goal FWCP — Chapter Six, Capital Facilities CFP9 Give priority consideration to subsequent phases of phased projects when phase one is fully funded and under construction. CFP10 Give priority consideration to projects that renovate existing facilities and preserve the community's prior investment or reduce maintenance and operating costs. CFP11 Give priority consideration to projects that correct existing capital facilities deficiencies, encourage full utilization of existing facilities, or replace worn out or obsolete facilities. CFP12 Give priority to projects where leveraged monies such as grants and low interest loans can be used. CFG3 Provide capital facilities to serve and direct future growth within Federal Way and its Potential Annexation Area as they urbanize. It is crucial to identify, in advance of development, sites for schools, parks, fire and police stations, major stormwater facilities, greenbelts, open space, and road connections. Acquisition of sites for these facilities must occur in a timely manner and as early as possible in the overall development of the area. Otherwise, acquisition opportunities will be missed, with long-term functional or financial implications. Policies CFP13 Provide the capital facilities needed to serve the future growth anticipated by the FWCP. CFP14 Coordinate efforts between the Public Works and Parks Departments in the acquisition of and planning for public open space, recreation, public education, and stream preservation within the Hylebos Basin. Departments may combine resources as appropriate to increase project efficiencies and success rates in pursuit of grant opportunities. CFP15 Give priority consideration to projects needed to meet concurrency requirements for growth management. CFP16 Plan and coordinate the location of public facilities and utilities in advance of need. CFP17 Implement a concurrency management system which permits project approval only after a finding is made that there is capacity available in the transportation system sufficient to maintain the adopted level of service standard. Revised 2902 2007.2006 Comprehensive Plan Amendment VI -49 FWCP — Chapter Six, Capital Facilities CFP18 The provision of urban services shall be coordinated to ensure that areas identified for urban expansion are accompanied with the maximum possible use of existing facilities and cost effective service provisions and extensions while ensuring the protection and preservation of resources. Goal CFP19 Coordinate future economic activity with planning for public facilities and services. CFP20 Purchase property in the Potential Annexation Area and keep it in reserve for future City parks and surface water facilities. CFP21 Consider publi%rivate partnerships to leverage structured parking in association with City Center development or redevelopment, in fulfillment of comprehensive plan vision and goals. CFPG4 Provide adequate funding for capital facilities in Federal Way to ensure the FWCP vision and goals are implemented. The GMA requires that the Land Use chapter be reassessed if funding for capital facilities falls short of needs. The intent is to ensure that necessary capital facilities are available prior to, or concurrently with new growth and development. Capital facilities plans must show a balance between costs and revenues. There are essentially five options available for balancing the capital facilities budget: increase revenues, decrease level of service standards, decrease the cost of the facilities, decrease the demand for the public service, or reduce the rate of growth and new development. Policies C -FP -3! CFP22 Manage the City of Federal Way's fiscal resources to support providing needed capital improvements. Ensure a balanced approach to allocating financial resources between: 1) major maintenance of existing facilities; 2) eliminating existing capital facility deficiencies; and 3) providing new or expanding existing facilities to serve new growth. C -P22 CFP23 Use the Capital Facilities Plan to integrate all of the community's capital project resources including grants, bonds, general funds, donations, impact fees, and any other available funding. C-FP23 CFP24 Ensure that long-term capital financing strategies and policies are consistent with all the other FWCP chapters. C-FP24 CFP25 Pursue funding strategies that require new growth and development to pay its fair share of the cost of facilities that are required to maintain adopted level of service standards. One such strategy that should be implemented in the near term is an impact fee program for parks and transportation. Revised 2002 2007 2006 Comprehensive Plan Amendment VI -50 Goal FWCP — Chapter Six, Capital Facilities C-FP25 CFP26 Promote a more efficient use of all public facilities by enacting interlocal agreements which facilitate joint maintenance and operations of those facilities. C-CFP27 Use the following available contingency strategies should the City be faced with capital facility funding shortfalls: ■ Increase revenues by selling general obligation bonds, enacting utility taxes, imposing impact fees, and raising property tax levy rates. ■ Decrease level of service standards to a level that is more affordable. ■ Decrease the cost of the facility by changing or modifying the scope of the project. ■ Decrease the demand for the service or facilities by establishing a moratorium on development, focusing development into areas where facility capacity is available, or changing project timing and/or phasing. CFP27 CFP28 Aggressively pursue grants or private funds when available to finance capital facility projects. C-FP28 CFP29 Maximize the usefulness of bond funds by using these monies to the greatest extent possible as matching funds for grants. CFPG5 Ensure that the Federal Way Capital Facilities Plan is current and responsive to the cominunity vision and goals. The role of monitoring and evaluation is vital to the effectiveness of any planning program and particularly for the Capital Facilities chapter. The City's revenues and expenditures are subject to economic fluctuations and are used to predict fiscal trends in order to maintain the City's adopted level of service for public facilities. This Capital Facilities Plan will be annually reviewed and amended to verify that fiscal resources are available to provide public facilities needed to support adopted LOS standards. Policies C--FP29 CFP30 Monitor the progress of the Capital Facilities Plan on an ongoing basis, including the completion of major maintenance projects, the expansion of existing facilities, and the addition of new facilities. Evaluate this progress with respect to trends in the rate and distribution of growth, impacts upon service quality, and FWCP direction. fFIP30 CFP31 Review, update, and amend the Capital Facilities Plan annually. Respond to changes in the rates of growth, new development trends, and changing City priorities, budget, and financial considerations. Revised 2002 2007.2006 Comprehensive Plan Amendment VI -51 FWCP — Chapter Six, Capital Facilities Goal Make provisions to reassess the FWCP periodically in light of the evolving Capital Facilities Plan. Take appropriate action to ensure internal consistency of the chapters in the plan. C-FP31-CFP32 Continue to coordinate with other capital facility and service providers to ensure that all necessary services and facilities are provided prior to or concurrent with new growth and development. CFPG6 Manage the Surface Water Utility in a manner that makes efficient use of limited resources to address the most critical problems first, and which expresses community values and priorities. Policies GFM CFP33 The utility shall continue to have a role in developing and implementing regional, state, and federal surface water policies and programs and, in doing so, shall seek to: ■ Achieve the City's environmental goals. ■ Contain utility ratepayer costs. ■ Ensure state and federal requirements are achievable. ■ Maintain local control and flexibility in policy/program implementation. ■ Provide consistency with CWPP. The utility's role in developing and implementing regional, state, and federal surface water policies and programs will include: ■ Influencing legislation through lobbying and written and verbal testimony during formal comment periods ■ Participating in rule making ■ Reviewing technical documents ■ Serving on advisory committees and work groups ■ Participating in multi jurisdictional studies and basin planning ■ Entering into cooperative agreements with neighboring and regional agencies to accomplish common goals as appropriate and necessary CFP33 CFP34 The utility's funds and resources shall be managed in a professional manner in accordance with applicable laws, standards, and City financial policies. C-FP34-CFP35 The utility shall remain a self-supporting enterprise fund. C -FP 5 CFP36 The utility Capital Improvement Program (CIP) will provide funding for the following types of projects: 1) Projects addressing flood control problems. Revised 2N2 2007 2006 Comprehensive Plan Amendment VI -52 FWCP — Chapter Six, Capital Facilities 2) Projects needed to meet water quality policies. 3) Projects needed for renewal/replacement or additions to current infrastructure and facilities. 4) Projects necessary for resource protection and stewardship. CFP36 CFP37 To the extent of funding limitations, the CIP shall be sustained at a level of service necessary to implement cost effective flood control mitigation; meet water quality policies; maintain system integrity; provide required resource stewardship and protection; and meet federal, state, and local regulations. C-FP37CFP38 The utility will continue to strive to minimize the use of loans to fund necessary capital improvements, and will generally operate on a "pay-as-you-go basis." However, low interest loans (i.e. Public Works Trust Fund) and/or grants will be used to leverage local funds when feasible. C-FP38-CFP39 Rates shall be set at the lowest level necessary to cover utility program expenses, meet levels of service identified in the "Comprehensive Surface Water Management Plan," meet debt coverage requirements, and sustain a reserve balance consistent with these policies on a long-term basis. CFP39 CFP40 Utility rates shall be evaluated annually and adjusted as necessary to achieve utility financial policy objectives. C-FP40 CFP41 Utility rates will allocate costs between different customer classes on an equitable basis. GFP41-CFP42 The utility rate structure will be based on a financial analysis considering cost -of -service and other policy objectives, and will provide adjustments for actions taken under approved City standards to reduce related service impacts. C -FP -42 CFP43 Rates shall be uniform for all utility customers of the same class throughout the service area. GFP-43 CFP44 Rate assistance programs may be provided for specific low-income customers. C-FP44CFP45 The utility's annual budget and rate recommendations shall provide funding for the following reserve components: 1. A working capital component based on 45 days of the current year's budgeted operating and maintenance expenses. Under no circumstances shall a budget be submitted for a planned drop in reserves below this level. Revised 2892 2007, 2006 Comprehensive Plan Amendment VI -53 FWCP — Chapter Six, Capital Facilities 2. An emergency/contingency component to cover excessive costs resulting from unexpected catastrophic events or system failures. Based on historical utility experience, this amount will be set at $500,000, which is the estimate of the net cost of emergency services to be paid from rate resources, excluding any potential reimbursements that may be received from Federal Emergency Management Act grants, the City's General Liability Fund, or other external revenue sources. 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The chapter integrates the community's vision for a City Center with the Puget Sound Regional Council's (PSRC) adopted VISION 2020 plan, and King County's countywide strategy for developing a network of centers. In this chapter, the term "urban center" is used consistent with the VISION 2020/King County definition, or to refer to the general characteristics of a sub -regional center. The term "City Center" applies specifically to Federal Way's proposed center, which includes a City Center core area and frame area. Only the City Center core area is intended to meet the requirements of an urban center, in accordance with the Countywide Planning Policies (CWPPs). Purposes The principal purposes of the Federal Way City Center chapter are to: • Create an identifiable downtown that is the social and economic focus of the City; • Strengthen the City as a whole by providing for long-term growth in employment and housing; • Promote housing opportunities close to employment; • Support development of an extensive regional transportation system; • Reduce dependency on automobiles; • Consume less land with urban development; • Maximize the benefit of public investment in infrastructure and services; • Reduce costs of and time required for permitting; • Provide a central gathering place for the community; and • Improve the quality of urban design for all developments. Background The VISION 2020 Plan (1995 update), Regional Goal #1 states, "Locate development in urban growth areas to conserve natural resources and enable efficient provision of services and facilities. Within urban growth areas, focus growth in compact communities and centers in a manner that uses land efficiently, provides parks and recreation areas, is pedestrian -oriented, and helps strengthen communities. Connect and serve urban communities with an efficient, transit oriented, multi -modal transportation system." King County's CWPPs support this goal by encouraging: • Establishment of an urban center that is a vibrant, unique, and attractive place to live and work; FWCP — Chapter Seven, City Center Efficient public services including transit; and Responding to local needs and markets for jobs and housing. The CWPPs define urban centers as concentrated, mixed-use areas, a maximum size of 12 square miles (960 acres), and oriented around a high capacity transit station. At build- out, the policies envision that the center would contain a minimum of 15,000 jobs within 2 miles of the transit center, 50 employees per gross acre, and an average of 15 households per acre. The urban center policies also call for: • Adopting regulations which encourage transit use and discourage the use of single -occupant vehicles; • Emphasizing the pedestrian features and promoting superior urban design; • Providing sufficient public open spaces and recreational opportunities; and • Uses that provide daytime and nighttime activities. The CWPPs recognize that with this growth will come an increased need for infrastructure. The policies, therefore, indicate that priority will be given to ensure the development of additional transportation and other infrastructure improvements necessary to support new, concentrated growth in urban centers. During a series of community workshops held in 1992 and 1993 (which are described in chapter one), participants helped to develop a "vision" for Federal Way's future. This vision included the creation of a City Center. With the support of the residential and business community, Federal Way nominated itself to contain an urban center. Nominations were reviewed by the Growth Management Planning Council (GMPC), which confirmed the Federal Way City Center core area as an urban center in 1994. The urban center designation should help Federal Way continue to gain access to County funds needed to provide infrastructure as the City Center grows. The Role of the City Center in Federal Way's Future There are several reasons why a definable, vital City Center is an important part of Federal Way's future. These include: Community Support — The Federal Way community has made the City Center a significant part of its vision. Participants in community workshops helped to develop a vision for Federal Way's future. A keystone of that plan is an attractive, multi-fadeted City Center providing the setting for civic features and commercial activities. Economic Development — Federal Way's economic development strategy relies on a strong urban center. As discussed in the Economic Development chapter, Federal Way has the opportunity to transform itself from an essentially residential and retail based economy to an emerging, sub -regional economic center with an expanded, more diversified employment base. Revised 2802 2007 2006 Comprehensive Plan Amendment VII -2 FWCP — Chapter Seven, City Center Natural Evolution — The development of a more intensive, multi -use urban center is a natural step in Federal Way's evolution. Most new centers start out as bedroom communities. Retail businesses develop first; office and industrial activities next begin to locate at key transportation crossroads, adding jobs and strengthening the employment base. Federal Way has experienced all evolutionary phases, with the exception of one. The final step is achieving a sufficient critical mass in the City Center to produce lively street activity; support specialty business, cultural/entertainment facilities; justify the investment for public parks, amenities, and improved transportation systems; and create the interactive "synergy" of a true urban center. Federal Way's economic development strategy will add this final essential step in this evolution. Growth Management — Developing a City Center is part of a regional strategy to address Western Washington's growth management. Public policy makers have focused increased attention on issues affecting our quality of life, including urban sprawl and the accompanying reduction of open space, declining housing affordability, and increasing traffic congestion. As stated previously, concentrating future growth within the four county region into a number of centers (rather than a continued pattern of dispersion), linked by an efficient high capacity transit system, is one of the principal goals to manage this growth. 7.1 EXISTING CONDITIONS City Center Planning Area The City Center planning area, consisting of the City Center Core and Frame zones, is approximately 414 acres in size and is bounded by South 312"' Street, South 324`h Street, Interstate 5, 110' Place South, and 13`h Avenue South (see Maps VII -1 and VIT2, maps are located at the end of the chapter). The City Center Core and Frame areas are 209 and 205 acres, respectively. General Image The City Center does not currently present an identifiable sense of a downtown or urban center. The existing commercial development within the study area is typical of suburban strip retail and mall development. The dominance of mass retailing has largely shaped the commercial core. The Sall Commons and spin-off retail centers are a local and regional destination and generate great amounts of physical and economic activity. However, as is the case with most older suburban mall areas, there is little, if anything, distinctive or unique about the existing City Center. Essentially, it could be anyplace. It is similar to hundreds of other commercial centers across the country. The businesses do not connect to each other, or to public and private spaces, residential neighborhoods, or civic uses, except by automobile. Development essentially reflects one pattern: a single story of "light" construction, surrounded by an apron of asphalt. Buildings feature concrete, or concrete block walls, creating austere and "generic" images. Revised 2882 2007, 2006 Comprehensive Plan Amendment VII -3 FWCP — Chapter Seven, City Center Another prevalent image of the area is the vast amount of surface parking. The availability of parking is essential to the current type of retail found in Federal Way. City Center businesses serve regional as well as local markets, and are heavily oriented to access by automobile. Actual building footprints relative to total parcel areas are quite small; the majority of most parcels are used to provide surface parking. This parking is often underutilized, except during the peak holiday season. The current network of collectors and arterials, and the disjointed over -sized block grids within the existing commercial area, contributes to significant traffic congestion. The character of the street environment is also unfriendly to pedestrians in many locations, with few amenities such as landscaping, lighting, benches, etc. In addition, in many locations the pedestrian experience is made even less attractive as little more than parking lots or blank walls line the sidewalks. Recent improvements throughout the City Center, most notably along South 320`h Street, have improved the character of some streetscapes with handsome streetlights and trees. Continuation of these improvements along Pacific Highway South and elsewhere throughout the City Center will do much to improve the overall character of the City Center streetscapes. Similarly, the extensive abatement of unattractive, out -of -scale signage, achieved over the past five years, has also led to a more attractive, human -scale streetscape. The City Center does not contain a significant residential population. Pockets of residential housing exist between South 312`h and 316'b Streets, and SR -99 and I-5. Figure VII -1 (page 5) depicts an aerial view of the City Center area looking south from the northwest corner of the City Center boundaries. Physical Conditions Land Use Most of the study area is currently developed and consequently, most new development in this area will displace existing low intensity uses. Buildings are dispersed throughout the area and lack pedestrian connections to each other and public rights-of-way. Current land use patterns favor auto -oriented commercial activity. The primary use in the City Center area is retail/service, followed by lodging, office, and residential. SeaTas-Mail The Commons is the "signature" development in the area. Table VII -1 (page5)lists the amount of land use development by gross floor area within the City Center planning area as of January 2002. Public and civic uses are scarce, with only four publicly owned non -park sites (the Federal Way School District's bus barn site north of 11 `h Place South and South 320`h Street; Truman High School, northwest of South 317`h Street and 28`h Avenue South; King County Library, 848 South 320`h Street; and the School District's Administrative Offices, 31405 Pacific Highway South). Revised 2002 2007 2006 Comprehensive Plan Amendment VII -4 FWCP—Chapter Seven, City Center Figure VII -1 Aerial View of City Center Table VII -1 Gross Floor Area of Land Uses — City Center ifiBURF 2002 Febr Use I Total Square Footage i # Units r # Rooms Retail Hotels 369,377 655 Movie Theatres 67-,;39- 42,706 Light Industrial* "� 80,075 Institutional X24 135,880 Single Family 980 1 Multiple Family 891 * ministorage facilities Revised 2002 2007, 2006 Comprehensive Plan Amendment VII -5 FWCP - Chapter Seven, City Center Parks and Open Space There are no truly public spaces within the City Center. Private green spaces, plazas and public meeting spaces are few. Steel Lake Park to the northeast and Celebration Park to the southwest are on the perimeter of the City Center. Even though these parks are within walking distance of the City Center, they also serve as regional facilities in addition to serving local needs. Civic Buildings and Municipal Facilities Similarly, the City Center lacks significant civic or municipal facilities, with only the Public Library near the periphery of the City Center. The next closest facility is the City of Federal Way Parks Department's Steel Lake Annex and Maintenance Facility near South 312th Street and 28th Avenue South. Klahanee Senior/ Community Center and City Hall are located a few miles southwest of the City Center at 33901 9`h Avenue South and 33530 151 Way South, respectively. Circulation Roadways — A key element defining mobility within the City Center planning area is the enormous size of its blocks. Most U.S. downtowns have blocks ranging from 250 to 500 feet on a side; block lengths in Federal Way are several times that. Because of the "superblock" configuration, motorists drive between and within parking areas serving City Center developments to avoid congestion along City streets and pedestrian circulation is discouraged. Access to the area is provided by two principal arterial routes: South 320`' Street (which runs east/west and connects to I-5), and SR -99 (which runs north/sbuth). An inefficient hierarchy of streets feed these arterial roadways. The area lacks a system of minor arterial and smaller collector streets that could diffuse traffic efficiently away from these two principal arterials. The irregular spacing of traffic signals also adds to congestion. As such, the accessibility provided by the juncture of these routes, initially attractive to area residents, has been lost due to growth in traffic. Transit Service Eighteen tFansit and Elial a ride r-eu4es radiate fiem the City Center-. — However-, sefviee to the entire City Gei-Aer- is not the primary feraus, espeeially d ---"Hg the . A regional park and ride lot, located southwest of I-5 and south of South 320`' Street; and the Federal Way_Transit Center, generate most of the area's transit ridership during peak periods of the day. King County/METRO, Sound Transit, and Pierce Transit serve this both of these sites. G-0--g—tion on 15, South 320 Street, a en na a t. * the need f an enhafleea r-, the existing low ii4ensity and dispersed land use paRefa&wig sueh as bus pullouts and waiting ffem trans t �t— The prepesed 317th direct access ramp for Sound Transit's Federal Way Transit Center- and the Sound Transit Federal Way Transit Center both open in Revised 2002 2007 2006 Comprehensive Plan Amendment VII -6 FWCP — Chapter Seven, City Center early 2006 will have improved regional transit speed and reliability because transit V49 be is able to access the city center without using having to use the congested I -5/320`h interchange. It The 317`' direct access ramp also benefits carpools and vanpools. Pedestrian Environment and Bicycle Facilities — A 1992 inventory of existing sidewalks within the City (see page V-22 of the Community Profile, Feb. 1993) revealed a deficiency of pedestrian facilities Citywide. The central core was highlighted as one of the areas that lacked an adequate pedestrian network. For example, most of SR 99 and portions of 324th Street and 23rd Avenue South lacked sidewalks. A majority of walking that does take place in the study area occurs within malls and along storefronts of shopping center strips. Sidewalks connecting storefronts to public walkways are lacking. The few sidewalks that did exist were narrow, devoid of trees, and interrupted by numerous curb cuts. Crossing wide, busy streets such as South 320`'Street and SR -99 can also be intimidating. There are few places to sit and enjoy pleasant weather, meet friends, or have lunch outside. The current pedestrian environment is unfriendly and unappealing. The division that exists between pedestrians and auto areas is not conducive to establishing the active street life desired in a City Center. Bicyclists have even fewer facilities to choose from. City streets lack striping or signage for bike riders who must share the road with heavy volumes of traffic. Once bicyclists reach the area, they become frustrated by the lack of safe storage facilities for their vehicles. Covered bike parking will be provided at Sound Transit's Federal Way Transit Center. Residential The City Center contains approximately 892 units of housing (listed in Table VII -1), located primarily in the area east of SR -99, south of South 312" Street, north of South 316`h Street, and west of 28"' Avenue South. Other residential neighborhoods surround the City Center area, such as the pockets of multi -family housing west of South 11 `h Place and south of South 3201h Street. There are also single-family neighborhoods west of Highway 99 and north of the South 312`h Street corridor. While these neighborhoods are not located immediately within the City Center, they are located conveniently within walking, bicycling, or vehicular distance. They differ greatly in character and type. In 1997, two senior housing projects were constructed in the City Center Frame area. These projects are located south of South 312`h Street and east of 23`d Avenue South, adjacent to the southern portion of Steel Lake Park. The two projects, Meridian/ Willamette Court and Woodmark at Steel Lake, consist of 300 and 85 living units respectively. The residents of these developments have easy access to several shopping opportunities and services in the City Center area. It is important to note that no new residential construction has occurred in the City Center since that time. In an effort to stimulate additional multi -family development in the City Center, the City adopted a ten-year exemption from property taxes for multi -family development in February 2003. In addition, the City adopted a Planned Action SEPA in September 2006 for a sub -area of the City Center, more specifically described as an area bounded on the Revised 202 2007, 2006 Comprehensive Plan Amendment VII -7 FWCP — Chapter Seven, City Center north by South 312"' Street on the south by South 3240' Street on the west by Pacific Highway South and on the east by 23`d Avenue South (Map VII -2A). The planned action designation applies to ro osed residential retail office hotel civic and structured parking development falling within the development envelope analyzed in this EIS. The Planned Action SEPA and increased heights for mixed-use buildings containing multi- unit housing in the City Center Core and City. Center Frame adopted in February 2006 is expected to encourage construction of multi -unit housing in the City Center area. Infrastructure Most of the existing facilities and infrastructure were inherited from King County. In 1998, the City adopted new streetscape guidelines related to roadway profiles, streetlights, sidewalk widths, and street trees. In 1999, South 3120" Street between Pacific Highway South and 23`d Avenue South was widened to five lanes, and new sidewalks, street lighting, and street trees were added, as well as traffic signals at 200' Avenue South and 23`d Avenue South. In 2001, South 320`" Street was improved with streetscape elements between 11 `" Place South and 30`h Avenue South. In 2002, the remainder of South 320'h Street also was improved and 23`d Avenue South was widened to five lanes with'sidewalks and streetscape elements. New traffic signals at South 316`", South 317", and South 322"d Streets were installed. In'z���_ tion--� ll b o Paeifie streetseap"Iet Pacific Highway HOV Lanes Phase I constructed in 2002-2004 widened Pacific HighwayHighwgy South with an HOV lane in each direction from South 312'h to South 324". The project also added sidewalks center medians landscaping and utility undergrounding. This project was the City's first of five to improve the Pacific Highway/International Boulevard corridor and was a continuation of the revitalization of the City Center. 7.2 VISION STATEMENT By the end of the comprehensive planning horizon, the Federal Way City Center will have evolved into the cultural, social, and economic center of the City and fulfilled its role as one of Puget Sound's regional network of urban centers. This role will be reinforced by pedestrian -oriented streetscapes; an efficient multi -modal transportation system; livable and affordable housing; increased retail, service, and office development in a compact area; a network of public spaces and parks; superiorurban design; and a safe, essential, and vibrant street life. The City Center is responsive to the needs of the City's residents. In addition to general services that draw people from outside the region, such as retail, office, and hotel uses, the City Center is the primary commercial area providing local goods and services to the surrounding neighborhoods, and to residents and employees within the center. area. Revised 2002 2007 2006 Comprehensive Plan Amendment VII -S FWCP — Chapter Seven, City Center Private development and City initiated actions will have resulted in a balanced transportation network that accommodates automobiles, public transportation, high occupancy vehicles, pedestrians, bicyclists, and integrated parking. Pedestrian and bicycle circulation is emphasized along with other travel modes. The downtown urban fabric includes smaller blocks, lending itself to efficient and pleasant travel. Concentrated development allows a significant number of jobs and residences to be located within close proximity to transit and a High Capacity Transit Station (HCT), thus, reducing dependency on the automobile and improving pedestrian mobility. The regional HCT system may begs with regional express bus service that would evolve to fixed guide -way systems, such as light rail or monorail, as ridership dictates and funding allows. Direct access to a regional transit system links the City Center to Seattle, Everett, Tacoma, Bellevue, SeaTac International Airport, and other regional and local destinations. The diversity of housing opportunities now includes high-rise residential buildings, which help to meet a significant portion of the community's housing needs. City Center residents walk or take transit to shop, work, and recreate. Community facilities and services, public spaces, parks, and trails complement the variety of housing and provide places for residents to come together as a community. A central gathering place for the community, the City Center is where the whole community can congregate and celebrate. Civic and cultural facilities, in addition to a park and open -space system, meet the needs of residents, employees, and visitors. These amenities connect to the Citywide and regional system of open spaces, parks, and trails. Public and private projects contain such design elements as fountains, sculptures, and unique landscaping. The quality of urban design for all developments, including streets, buildings, and landscaping, is high and contributes to an improved quality of life. Public buildings and spaces also set a high standard for design and compatibility with adjoining uses. Goals for the City Center Chapter The goals and policies of the City Center chapter are derived from those of the Federal Way Comprehensive Plan (FWCP). The FWCP addresses in greater detail the framework of regional plans and legislation which direct planning in Federal Way. It also discusses the basic policies addressing housing, parks, recreation, and commercial development. This chapter builds on these policies, and provides specific recommendations and actions necessary to facilitate the development of the City Center. The following goals provide overall direction to policy makers and community members when making choices about growth and development within Federal Way's City Center. Additional goals and policies are located throughout this chapter, providing specific direction on other matters discussed. No set of goals or policies can address all potential issues that may arise in the course of implementing the FWCP. Therefore, while these are fundamental to the FWCP, they are not immutable and may need to be revised as situations warrant. Revised 2802 2007, 2006 Comprehensive Plan Amendment Vp_g FWCP — Chapter Seven, City Center Goals CCG1 Create an identifiable City Center that serves as the social, cultural, and economic focus of the City. Define a City Center with distinct boundaries, unique building types, and special features. CCG2 Attract a regional market for high quality office and retail uses which increases employment opportunities, adds to the City's tax base, and establishes Federal Way's City Center as an economic leader in the South King County region. CCG3 Connect the City Center to a convenient regional transit system. Provide service between centers and nearby areas by an efficient, transit -oriented, and multi -modal transportation system. CCG4 Foster distinct districts within the City Center, defining the roles and characteristics of each such district. CCG5 Encourage a mix of compatible uses to maintain a lively, attractive, and safe place to live, work, and visit. CCG6 Focus on improving the existing character and image of the City Center. CCG7 Encourage housing opportunities in mixed residential/commercial settings. Promote housing opportunities close to employment. CCG8 Develop land use patterns that will encourage less dependency on the single occupant automobile. CCG9 Create an environment oriented to pedestrians and bicyclists. CCG10 Create an environment that attracts high quality housing, commercial, and office uses. Continue to enforce requirements for quality design in buildings, streetscape, and site planning. CCG11 Create policies and regulations to encourage more efficient use of parking facilities and to foster new, innovative, and creative parking solutions. CCG12 Protect and enhance natural features of the area. Revised 2002 2007 2006 Comprehensive Plan Amendment VII -10 FWCP – Chapter Seven, City Center 7.3 THE LAND USE AND TRANSPORTATION CONCEPT FOR THE CITY CENTER The Concept Plan The concept is to redevelop the City Center and create a compact urban community and vibrant center of activity. The crux of the strategy is to promote a compact urban center with connections between where we live, work, and recreate, and create an urban environment that is amenable to walking, bicycling, and transit. The concept, a result of the citizen participation process called CityShape (held in 1992-93), implements the community's goals outlined in Section 7.2. In summary, the concept is to: • Establish a City Center to support HCT by locating residents and workers within convenient walking distance of HCT. • Make efficient use of existing capital improvements by concentrating higher intensity land uses in the City Center. • Encourage a mix of compatible uses where housing coexists adjacent to, above, or near commercial developments. • Create a dense residential community within walking and bicycling distance of the core. • Improve auto circulation in the City Center by completing the proposed street grid, creating smaller blocks, and providing opportunities for through traffic to travel around rather than through the core, thus minimizing the impact of future growth on Citywide traffic patterns and congestion. • Reduce impact of parking by encouraging structured parking, allowing reduced parking ratios, shared parking, and other innovative and creative parking solutions, as well as implementing guidelines that enhance appearance. • Create pedestrian and bicycle connections throughout the City Center and to surrounding neighborhoods. Provide a safe and inviting environment for pedestrians and bicyclists with direct connections between activities and transit facilities. Continue to develop and/or reconstruct streets to include sidewalks, street trees, benches, garbage receptacles, screening of parking areas, etc. • Create high amenity pedestrian -friendly corridors through the core, linked to a transit center and providing an attractive civic focus to ce. Ta Ma44 the Commons. 1-1— cuur tuuo lAmprenensive Flan Amendment VII -11 FWCP — Chapter Seven, City Center • Provide a civic focus to create a sense of identity for all residents. Develop municipal and cultural facilities within the City Center core area. • Develop public spaces in the City Center, particularly the core area. Enhance the City Center with a network of public spaces and parks connected to the Citywide and regional system of open spaces, parks, and trails. Encourage gathering spaces in private development. Map VII -3 applies the principles described above. The figure depicts the City Center core area between SR -99 and I-5 and South 316`h/317`h and South 320`h and 324`h Streets. The City Center core area contains a concentration of higher -density, commercial, residential, and mixed-use development, as well as civic, social and cultural uses. The City Center frame area surrounds the core along the west and north edges and provides a full complement of commercial, residential, and mixed-use development at somewhat lower densities to support the core. It also provides a transition to surrounding single-family neighborhoods. High capacity transit runs through the middle of the City Center, and pedestrian pathways connect the HCT station with residential areas, future civic spaces, and the geaTae"a_ Commons. Land Use Designations This section expands on the land use concepts described previously. The City Center chapter contains two different land use designations, each with its own distinctive characteristics, intended to. guide the evolution of the City Center, see Map VII -4. The City Center core and frame area designations give form to the concepts summarized in section 7.3. These land use designations direct the location and extent of growth, and will reshape the nature of development, transforming the area into a compact, vibrant City Center. City Center Core Area For the last 20 years or so, lower -density shopping mall areas at the edge of the nation's larger cities have gradually been redeveloped and transformed into more dense urban centers, emulating the development patterns and sense of place of more traditional downtowns. This transformation, to an area with a unique character and improved image, is proposed for the core area. The intent of the core area land use designation is to create a higher -density mixed-use "center" for Federal Way, and become an urban center as envisioned.in VISION 2020 and the CWPP. The CityShape vision called for concentrating growth in an area where sufficient infrastructure capacity exists, or where such capacity can be provided efficiently. The infrastructure within the City Center, specifically the core area, is designed to handle the highest levels of demand within Federal Way. By orienting new growth around this investment, the existing capacity can be utilized to its fullest extent. VII -12 Revised 2902 2007 2006 Comarehensive Plan Amendment FWCP — Chapter Seven, City Center The core area designation also encourages the concentration of new development to help reduce development pressure in other areas of Federal Way. The core area land use designation encourages a greater diversity of uses within mixed- use types of development. Traditional city centers are places where diverse office, retail, and government uses are concentrated, as well as cultural and civic facilities, community services, and housing. Many cities are advocating mixed-use development for a number of reasons. These include: Providing new housing, increasing the range of housing choices, and cutting down on automobile dependency by bringing work places and residences into close proximity; • Providing retail and service needs in close proximity to residential and employment areas; and, • Improving feasibility of a development project. The proximity of urban services makes housing projects more desirable and a nearby source of consumers help make a commercial project more profitable. Residents choose to live in higher -density housing for a variety of reasons. First, higher - density is frequently less expensive than single-family housing. Second, the convenience and proximity to work, needed services, and cultural activities is very desirable for many people. Finally, many people find that they do not need a large, single-family detached house. Given their lifestyle, they appreciate the low maintenance and security of higher - density living. There is a mutually supportive relationship between higher -density residential uses and commercial activities. The presence of housing also activates City Center streets, day and night. Concentrating growth in a specific area also supports investment in transit, including a regional HCT system. Existing low-density development does not generate sufficient levels of demand to optimize the return on investment in transit. Promoting higher - density uses within walking distance of transit facilities will improve the viability of this significant infrastructure investment. Additionally, concentrating the highest density of development in the core, where a significant number of jobs and residences will be within walking distance of a transit station, helps reduce dependency on the automobile and improve pedestrian mobility. The core area emphasizes pedestrian, bicycle, and transit mobility. The core area will be less auto -oriented than the frame area, but it will not be unfriendly to the use of automobiles. The City Center core area will also be the central gathering place for the community—a place where the whole community can congregate and celebrate. Accordingly, the core should include an outdoor square, park, or commons, with public amenities such as fountains, sculptures, and unique landscaping. — —1-p nemsive rlan Hmennment VII -13 FWCP — Chapter Seven, City Center Other civic amenities or buildings, including Municipal Facilities and/or a performing arts center, could be grouped around this City Center square (Figure VII -2). Figure VII -2 Potential Core Area Development Goals & Policies That Promote the Concentration of New Development in the City Center Core Area Goal CCG13 Focus new growth, with resultant increasing demands for infrastructure and transportation, in the City Center, specifically the core area. Allow for higher intensity uses for efficient use of land. Policies CCP1 Support the concentration of uses within the core area to create a financial, retail, business, civic, and cultural hub of Federal Way. CCP2 Develop an attractive City Center that will attract quality development. CCP3 Continue to support land use regulations that allow the higher intensity development expected over the next 15 to 30 years. Revised 2082 2007 2006 Comprehensive Plan Amendment VII -14 FWCP — Chapter Seven, City Center CCP4 Continue to develop a City Center that is the primary commercial area providing local goods and services to the surrounding neighborhoods and region, and to residents and employees within the center. CCPS Utilize the SEPA Planned Action and provide streamlined permit review in the City Center to accelerate changes to the core area. CCP6 Work with urban service providers to ensure sufficient capacity is available for development. CCP7 Allow for a variety of uses and mixed-use development within buildings, or complexes. Ensure that mixed-use development complements and enhances the character of the surrounding residential and commercial areas. CCP8 Provide incentives to encourage residential development in City Center,—core area. CCP9 Promote the siting of cultural and civic uses within the City Center core. The City should always consider City Center Core sites in siting analyses and decisions regarding potential civic and cultural uses that it develops. In addition, incentives should be explored that could attract cultural and civic uses over which the City does not have direct control. City Center Frame Area Establishing a City Center frame area provides a zone for dense mixed-use development that surrounds and supports the core. It also provides a transition between high -activity areas in the core area and less dense neighborhoods outside of the frame. The frame area allows uses that are similar to those in the core area, but are of lower - density and intensity. Together, the core and frame areas are complementary. Encouraging multiple unit housing mixed with business and commercial use will help Federal Way meet regional land use goals. This is accomplished by encouraging the development of housing close to employment and transportation centers. To help transform the character of this land use designation, regulatory and/or financial incentives should be explored in exchange for amenities that contribute to a more pedestrian oriented environment (Figure VII -3). novuou, VU& cuui, cuuo uomorenensive Nian,ymendment VII -15 FWCP — Chapter Seven, City Center Figure VII -3 Potential Frame Area Development Goals & Policies That Promote New Commercial, Residential, and Mixed -Use Development in the City Center Frame Area Goal CCG14 Allow increased development of commercial uses while increasing housing opportunities and diversity of housing types. Policies CCP10 Continue to develop land use regulations that encourage the frame area to accommodate higher -density residential uses accompanied by residentially oriented retail and service uses. CCPV Continue to provide amenities such as community services, parks, and public spaces to meet residential needs. CCP12 Continue to ensure effective transitions between frame area development and nearby lower -intensity development. Revised 2882 2007 2006 Comprehensive Plan Amendment VII -16 FWCP — Chapter Seven, City Center Circulation Federal Way's City Center chapter is designed in accordance with VISION 2020 and CWPP related to mobility. Although regional travel trends continue to show more cars on the road, more trips per person, and increases in the number of people driving alone, the emphasis of the FWCP is to promote a variety of travel options. The City will focus both on transportation improvements as well as influencing individual travel choices by increasing the attractiveness of alternatives to the automobile. Encouraging growth'in a compact, well defined City Center will help promote bicycling, walking, and transit use, as well as encouraging shorter automobile trips. The City Center will be connected to other regional urban centers and areas of the City by a multimodal transportation system, including a fast and convenient regional transit system. In order to function efficiently, mobility in the City Center must be enhanced by continuing to make transportation improvements. The City should focus transportation investments in the City Center to support transit and pedestrian -oriented land use patterns. These improvements should include: a smaller street grid, bicycle routes, public sidewalks and pedestrian pathways, and clear and identifiable transit routes. These transportation improvements will also help meet City Center mobility needs in the event a HCT system is not developed. Goal to Improve Overall Circulation Goal CCG15 Provide a balanced transportation network that accommodates public transportation, high occupancy vehicles, pedestrians, bicyclists, automobiles, and integrated parking. Automobile Circulation The current network of collector roads and arterials, the disjointed grid, and large block sizes contribute to significant traffic congestion within the City Center. The solution is not necessarily to construct wider roads. Streets become less efficient as the numbers of lanes increases. Building new streets versus widening existing streets is more cost effective, yields greater capacity, and will have less impact on the City Center. Automobiles are likely to continue as a dominant mode of transportation. A comprehensive network of collector arterials and other streets must be developed to distribute this traffic and create more driving choices. To the extent possible, the City should connect streets to form a tighter grid within the City Center, especially in the core, by negotiating new public rights-of-way and building new streets. This "interconnectivity" serves to shorten and disperse trips, and consequently reduce travel on existing congested arterials. Map VII -5 indicates the proposed street network changes. Additionally, alternatives to auto travel such Revised 2002 2007.2006 Comprehensive Plan Amendment VII -17 FWCP — Chapter Seven, City Center as van and car pools, transit, pedestrian corridors, and bicycle paths should also be emphasized. Goals and Policies to Improve Automobile Circulation and Reduce Usage Goal CCG16 Improve the flow of vehicular traffic through the City Center and minimize increases in congestion. Policies CCP14 Improve traffic flow around and through the City Center by extending the street network, creating smaller blocks, and completing the ring road along the west edge of the City Center. CCP15 Reduce congestion by supporting the Commute Trip Reduction Act. Develop commuting alternatives to single occupancy vehicles, including transit, walking, and bicycling. CCP16 The City's LOS standard shall be based on average person -delay to allow lower LOS for single -occupant vehicles and support pedestrian -friendly designs and HOV treatment. Pedestrian/Bicycle Connections Pedestrian and bicycle mobility is a vital part of the future City Center circulation system. Improvements for pedestrians and bicyclists should support increases in transit services and promote the development of the City Center. This chapter addresses the lack of pedestrian amenities and pathways by recommending changes to the development patterns and transforming the character of the streetscape. As the street system is redeveloped to better accommodate the needs of pedestrians and bicyclists, a network of facilities for people on foot and bikes will be established such as already exists for people in cars. Reducing the size of the street grid as proposed, improving auto circulation, and creating pedestrian paths through larger parcels is critical to establishing walking patterns that reduce dependency on the automobile. As individual sites are designed and developed to be more pedestrian friendly, and as the City provides improved pedestrian linkages, the pedestrian system will handle an increasing share of trips. As such, the City adopted special street design standards for the City Center in 1998. These include 12 -foot sidewalks with street trees and pedestrian -scale street lighting. As streets are constructed, additional amenities such as benches, trash receptacles, and landscaped corner treatments may be added. Bike lanes will also be provided in a grid tighter than the rest of the City on through streets that avoid multiple turn -lane conflicts. VII -18 Revised 2002 2007 2006 Comprehensive Plan Amendment FWCP — Chapter Seven, City Center In addition to adding public sidewalks and creating mid -block pathways, Map VII -6 depicts three principal pedestrian connections to improve pedestrian circulation. The first is developing connections between the HCT station, adjoining bus transfer facilities, and other uses. The pedestrian and bicycle system is essential to other travel modes, particularly transit. Virtually all transit trips begin and end as pedestrian trips on public rights-of-way. All buildings within proximity to these areas should be required to facilitate pedestrian and bicycle movement. The second goal is to establish pedestrian and bicycle connections to SeaTae-A4a44 the Commons, the City's largest generator of vehicular and pedestrian traffic. Linkages between the pFepesed transit station and the SeaTae� Commons are important. Unfortunately, South 320`'' Street is wide, congested, and presents a significant barrier to this connection. Providing an at -grade pedestrian and bicycle crossing could increase congestion and vehicular and pedestrianibicycle conflicts. To facilitate this connection, and encourage redevelopment of existing parking areas, this chapter proposes the continued consideration of a pedestrian bridge spanning South 320`x' Street. The pedestrian over -pass would create a major connection between two areas in the City Center that have a high potential for new development and redevelopment. The third goal is to connect the City Center to nearby neighborhoods and parks. Residential neighborhoods of varying densities surround the City Center. Steel Lake and Celebration Parks are located to the northeast and southwest of the City Center, respectively. Both pedestrian and bicycle trails should extend to these residential neighborhoods and parks. Roads extending to these areas should emphasize the pedestrian connection by including additional pedestrian amenities. In order to provide good pedestrian connectivity across multi -lane arterials such as South 320`'' Street and Pacific Highway South, crossings should be provided more closely than the existing'/ -mile spacing of traffic signals. Unsignalized pedestrian crossings would not be very safe, yet closer spacing of traffic signals make two-way signal coordination impossible to achieve, creating much more congestion and worsening safety and air quality. These conflicting needs must be resolved through the design process as these streets are reconstructed. Policies to Improve Pedestrian Connections Goal CCG17 Promote and facilitate the effective use of non -motorized transportation. Create a safe, efficient, and enjoyable pedestrian and bicycle system. Revised 2092 2007 2006 Comprehensive Plan Amendment VII -19 FWCP — Chapter Seven, City Center Policies CCP17 Emphasize pedestrian and bicycle circulation, as well as other travel modes in all aspects of developing the City Center transportation system. Include public sidewalks, street trees, and other pedestrian amenities for streets. CCP18 Continue to enforce and refine local zoning codes, site planning requirements, and street design standards, as necessary, to establish a more pedestrian and bicycle friendly environment. CCP19 Encourage new development to include active ground floor uses such as shops, community services, office, and housing units. Provide pedestrian connections between adjacent buildings where possible to provide for streetscape continuity. CCP20 Develop clear and safe pedestrian paths through large parcels to enhance the pedestrian network. CCP21 Continue to site and screen parking lots to minimize impact on the pedestrian environment. CCP22 Connect the main entry of buildings to public sidewalks by a clear, identifiable walkway. CCP23 Encourage transit use by improving pedestrian and bicycle linkages to the existing and future transit system, and by improving the security and utility of park-and-ride lots and bus stops. CCP24 Establish clear and well marked pedestrian crossings to reach transit facilities and other uses at a maximum spacing of 660 feet. CCP25 Connect Celebration Park and Steel Lake Park via a pedestrian/bicycle pathway bisecting the City Center. Orient buildings, urban open spaces, plazas, etc., to pathways where feasible. CCP26 Continue to improve the appearance of, and pedestrianibicycle circulation along, South 320`h Street and Pacific Highway South. Transit Efficient, convenient, and reliable transit is important to the FWCC's emphasis to reduce auto dependency through the creation of viable travel options. Transit will play an important role in the development of the City Center and the region as a whole. A multi- modal system that includes transit will bring commuters and shoppers to and from other areas of Federal Way and adjacent communities. A high capacity transit system with a principal stop in the core area will distribute people regionally and connect to other bus based transit systems. Transit stops throughout the center will help shoppers, employees, VII -20 Revised 2992 2007 2006 Comprehensive Plan Amendment FWCP — Chapter Seven, City Center and residents to circulate around the City Center without the need to get into their cars. Encouraging a mix of land uses and densities at major transit access points will help meet passenger needs and reduce vehicle trips. High Capacity Transit The Federal Way Transit Center opened in early 2006 on a seven -acre site located at the southwest corner of South 316" Street and 23'd Avenue South at the northeast edge of Federal Way's City Center. The transit center is a regional bus transit facility supporting Sound Transit, King County METRO and Pierce Transit It includes a five level structured parking garage with 1,200 -parking spaces a pedestrian bridge between the transit decks and narking garage bicycle storage and shelters for waiting passengers The Transit Center is considered by the City as a major anchor to the urban center designation in the Vision 2020 plan adopted by the PSRC The project also includes a center site has been set aside for future transit -oriented development consistent with the comprehensive plan vision for the City Center. Sound Transit is working with Puget Sound citizens and City representatives to develop a HCT network linking Everett, Tacoma, Seattle, Bellevue, and communities between them. F L� Three light rail stations are proposed in Federal Way, including one in the City Center core area. Map VII -7 depicts the approximate HCT alignment and the location of the City Pentc�i recently constructed transit station and the direct access ramp connecting I-5 and the transit station. The Feder -a! Way T+ansit Center- is eufFently lersated at the Feder -a! W P-aFle.At the fifne of the adoption of the 1995 FWC-P, the Qt -y Center- ehapteef . a �n� A.u�� e c .,,a. rm- a Fiver fef this leeatien was the assumptien that light rail bet-vveen Seattle and Taeefna would follow SR 99. Sinee adoption ef the plan, eendifiens have ehanged and disoussien 0 Million for- the eenstfuetien of a new T-fansit Center-, in eeer-dinatien with the pr_u DIV PI WN Based on these eensidefations, the Tfansit Center- site has been seleeted. The site is leeated an the bleek bounded by 23 fd Revised 2002 2007.2006 Comprehensive Plan Amendment VII -21 FWCP - Chapter Seven, City Center The FWCP does not depend sole] on the development of a HCT system. The proposed system is one of several transportation options. While HCT will help regional and local transportation needs, other modes will continue to play a vital role. Many of the characteristics that are desired within the City Center, and support HCT, also support other modes such as van/car pooling, busing, bicycling, and walking. In order Tto encourage transit use, the high capacity transit station sletld provides an inviting environment with comfortable pedestrian facilities, including shelter for waiting areas, convenient passenger drop-off zones, safe lighting, and street furniture. Stores adjoining the station can take advantage of the concentrations of people by specializing in goods and services needed by commuters such as dry cleaning, videos, news kiosks, and day care. Federal Way's City Center station will -lie is oriented principally to pedestrians and those arriving by other forms of transit. Providing for pedestrian/bicycle accessibility between surrounding properties, street network, general vicinity, park & ride lots, and the HCT is essential. Policies to Guide Transit Planning and Establish a City Center High Capacity Transit Station Goal CCG18 Work with the transit providers to develop a detailed transit plan for the City Center. Identify facilities, services, and implementation measures needed to make transit a viable and attractive travel mode. Tailor the plan to meet local needs through rapid transit, express buses, community service, and/or demand - responsive service. Policies CCP27 Continue to Ffocus transportation investments to support transit and pedestrian/bicycle-oriented land use patterns, specifically in the core area. CCP28 Participate actively in regional efforts to develop an HCT system to serve the City Center. CCP29 Establish the most intensive levels of transit service to the City Center area. CCP30 Integrate any transit system with existing or new road right-of-way. �t station, on or- eff the s4eetq,-� will eennerat the 94y -Center- with other- eemmunities in the adjoining H6e-s- VII-22 Revised 2592 2007 2006 Comprehensive Plan Amendment FWCP — Chapter Seven, City Center CC -P32 CCP31 Integrate the high capacity transit system with other transportation modes serving Federal Way and the region. C--CP-33 CCP32 Integrate bicycle and pedestrian facilities with and connect to high capacity transit facilities during right-of-way acquisition, facility design, and optional phases. Civic Buildings and Open Spaces Public buildings including community centers, libraries, city hall, performing arts theaters, conference centers, and schools provide places for the community to meet, exchange ideas, and socialize. The City should take advantage of every opportunity to locate a variety of civic buildings in and around the City Center. This will occur over time, but it is necessary to establish a clear direction through public policy. A network of outdoor spaces for recreation, strolling, gathering, and dining will make the City Center a lively and attractive place to live, shop, and conduct business. Each type of space should serve a range of users and activities. Outdoor spaces should range from a major urban park that is the focal point for downtown, to pocket urban plazas for lunch time gathering by residents, visitors, and workers. Some spaces will be publicly built and maintained, others will be constructed along with private development. Privately developed gathering space is a major component of all City Centers: small parks and plazas are opportunities to enhance the urbanscape and image of the City Center. Courtyards, mews, and forecourts are ways to efficiently integrate open space to enhance a project. Visitors, shoppers, and employees often perceive these private spaces as public. The City should commit to assist in or provide incentives for, the development of plazas and parks that are open to the public. Map VII -8 proposes a central outdoor gathering place within the core area, such as a park, plaza, or square, which will become the focus of community activities in the core. Uses around the edges of this plaza, such -as transit facilities and cafes, should be sited to generate activity throughout the day. The edges of the plaza should be well defined and landscaped to soften the hard surfaces of adjacent buildings and streets. This space should be physically and visually linked to the central pedestrian spine and transit center. Policies to Promote the Development of Civic Buildings and Urban Spaces Goal CCG19 Develop civic and cultural facilities in addition to a public space and park system within the City Center to meet the needs of residents, employees, and visitors. These facilities and spaces should connect to the Citywide and regional system ofpublic spaces, parks, and trails. Revised 2582 2007.2006 Comprehensive Plan Amendment VII -23 FWCP — Chapter Seven, City Center Policies CCP34 Promote a diversity of public and privately funded recreational and cultural facilities throughout the City Center. Promote partnerships between the City and other agencies, private organizations, and individuals to develop and meet the needs of City Center and the general community for these types of facilities. CCP35 Emphasize locating civic and cultural facilities within the core. Planned public facilities could include Municipal Facilities, a library, or performing arts complex. CCP37 Acquire land necessary to provide a broad range of recreational opportunities throughout the City Center. Land bank parcels in the core area for future municipal facilities. Parking The continued use of expansive surface parking conflicts with the goal of redeveloping the City Center as a higher -density, mixed-use area that is pedestrian -friendly and supports the use of public transportation. It is, therefore, necessary to reduce the need for parking and encourage the provision of structured parking within these areas. Moreover, parking lots have high redevelopment potential. There are numerous examples of communities similar to Federal Way where former parking lots now contain multi- story developments. Large amounts of parking will be needed for many years to come. However, as development pressures and land values increase, surface parking becomes expensive and property owners will be able to afford the conversion from surface parking to structured parking. In the interim, the City should encourage site layouts that facilitate future redevelopment of parking areas. Private and public partnerships should examine the feasibility of constructing a parking structure in the downtown commercial core area. Figure VII4 (page 24) is a conceptual illustration of the redevelopment of surface parking around a mall. Goal and Policies to Develop Alternatives to Existing Parking Development Goal CCG20 Encourage the development of a higher -density, mixed-use City Center that in turn will reduce the demand for large amounts of separate parking facilities for individual developments. Revised 2A02 2007-2006 Comprehensive Plan Amendment VII -24 FWCP — Chapter Seven, City Center Figure VII -4 Potential Redevelopment of Surface Parking Areas Quer time, parking garages, tosuer parking requirements and shared parking can allaw for nacre intensive development of Land. Policies CCP39 Encourage public and private parking structures (below or above ground) in lieu of surface parking in the core area. As redevelopment occurs and surface parking becomes increasingly constrained, consider a public/private partnership to develop structured parking in the downtown commercial core area. CCP40 The City will encourage the provision of structured parking. CCP41 Buffer parking areas to increase compatibility between surrounding uses. For larger lots, provide substantial landscaping, special lighting, and pedestrian walkways. CCP42 Site and orient buildings and parking to allow redevelopment of surface parking. Revised 2882 2007 2006 Comprehensive Plan Amendment VII -25 FWCP — Chapter Seven, City Center CCP43 Allow on -street parking to create a buffer between pedestrians and traffic depending on street characteristics and role within the City Center. On -street parking should be viewed as a component of the parking supply for the area. CCP44 Encourage shared parking between uses to maximize the use of available parking within the City Center. Streetscape To improve livability within the City Center area, the City must complete the street network and continue to develop streets in accord with its new street standards. The street grid must be well interconnected to make travel from one place to another as efficient as possible. The key to achieving this is to consider streets as a network that will serve pedestrians, bicycles, and transit, in addition to automobiles. In areas where increased density is proposed, existing streets must continue to be retrofitted with sidewalks, street trees, street furniture, and other amenities. Allowing on -street parking also creates a buffer between pedestrians and vehicles. It also allows shoppers and visitors to park easily for short amounts of time. On -street parking should be permitted on City Center streets (where feasible) except during the morning and evening commuting hours when the extra lanes are needed to accommodate the extra high volumes of traffic. The Transportation chapter illustrates several street standards developed specifically for the City Center area. These streets will connect to other proposed and existing streets to complete a street grid. Street standards for existing and proposed streets within the City Center can be found in the second section of the Transportation chapter. These standards also incorporate the City Center Street Design Guidelines adopted by the City Council in May 1998. Policies to Improve the Street Network and Streetscape Character Goal CCG21 Maintain street designations that reinforce the unique characteristics of the City Center. Policies CCP45 Continue to acquire right-of-way, primarily through dedication from development, to complete and enhance the street network. CCP46 Continue to design streets as public spaces, with appropriate pedestrian amenities, trees, sidewalks, bicycle paths, transit services, street furniture, and trash receptacles. CCP47 Continue to construct streetscape improvements as an integral component of any roadway improvement. VII -26 Revised 200 2007 2006 Comarehensive Plan Amendment FWCP — Chapter Seven, City Center CCP48 Encourage buildings to front or face public rights-of-way, providing clear paths from the sidewalk to all entries. CCP49 Only SR -99 and South 320°i Street shall be wider than five lanes. 7.4 IMPLEMENTATION Developing a City Center will require collaboration between government entities, citizens, and developers. Phasing and development of certain elements, such as high capacity transit, are outside the City's control. Therefore, an implementation program must be flexible. It must also be tied to general goals, policies, and strategies rather than a detailed, step-by-step list of actions. The implementation section consists of: • A set of strategies to guide implementing actions; • An illustration of how these strategies can be realized over time; and • A 15 year action plan. Implementation Strategies Specific strategies must be pursued in order to coordinate various elements and actions that are dependent upon one another. For example, private development depends upon adequate infrastructure and amenities. Effective transit service depends upon supporting land use development to provide sufficient ridership. Residential communities require adequate transportation and services, a pedestrian friendly environment, open spaces, and jobs to foster a sense of community. In addition, much of the City Center's redevelopment is dependent upon market demands and development that is not projected until the later years of the FWCP's planning horizon. However, regulatory and infrastructure actions must be taken in the interim to prepare for these developments. The following strategies form the basis to achieve desired City Center development. • Maintain regulations to shape and influence new development (1-20 years). ■ Discourage low intensity auto oriented development in the core. • Provide regulations and incentives to achieve a high intensity, mixed- use, pedestrian friendly development ■ Encourage residential development in the City Center frame area. ■ Encourage high-density residential development in the City Center Core (Urban Center). ■ Allow short-term investment in the frame area that will support long- term core development. Hevised 2W2 2007, 2006 Comprehensive Plan Amendment VII -27 FWCP - Chapter Seven, City Center • Continue and enhance incentives to foster desired redevelopment in the Ci ty Center. ■ Maintain and consider increasing -the City Center redevelopment fund. ■ _Consider appropriate public private partnership opportunities as they present themselves to leverage desired development. ■ Pursue appropriate redevelopment of City owned parcels. ■ Continue to respond to opportunities for City acquisition and roositioning of key properties as they become available. • Develop specific plans to construct needed street and infrastructure improvements (1-5 years). Develop plans to define the location of street rights-of-way for completing the street grid and constructing transit facilities to provide predictability for developers. Construct arterial improvements with associated landscaping and pedestrian amenities (timing set by capital facilities program). Prepare a pedestrian and bicycle plan and construct sidewalks, pedestrian paths, mid -block connectors, and bicycle connections to all areas of the City Center and particularly to a transit center (ongoing effort). • Consider development of structured parking facilities as needed to support more intensive development and gradually convert the core into a less auto dependent area. ■ Develop parking standards for the City Center Area. Improve both local and regional transit service. fetite « «,�, _ i ional and leeal ■ Develop a regional HCT station at the transit center (49-14 20-25 years). • Construct civic features, public spaces, parks, and other urban elements to create a true urban center and promote civic identity (5-10 years). Develop major civic facilities in the City Center such as, Municipal Facilities, performing arts center, and recreation center, to generate social and economic activity (5-10 years). Add amenities to residential areas to build new neighborhoods (begin immediately as an incremental program). Include landscaping and pedestrian improvements in all street construction (incremental program tied to actual improvements). VII -28 Revised 2982 2007 2006 Comprehensive Plan Amendment FWCP — Chapter Seven, City Center Phasing Transforming the existing downtown commercial core area into the proposed City Center is an ambitious task. It requires a significant transformation from a low-density, automobile oriented, largely retail area to a higher intensity, more pedestrian oriented mixed-use area. The City Center chapter acknowledges that the core will take some time to develop. The City can facilitate these changes if a series of small steps are taken over time. This is especially true if the steps are consistent with the emerging economic, social, and demographic trends. As is the intent of this plan, the phasing scenario presented here accounts for the timing of market projections and future actions. As noted above, the implementation strategy is keyed to projected trends and regional planning goals. Its form and character, as envisioned in the chapter, are dramatically different from anything that now exists in the center. it will take some time r t he development eo gy and investments to p. . Recently, there has been a substantial increase in interest in redevelopment oortunities within the Ci Center, both on the part of e isting propertyowners and prospective developers. This interest indicates that new development is more likely in the near-term than at any time over the past several years It will be important for the City to maintain its proactive efforts to attract engage, and even at times provide incentives for new development in order to take advantage of the continuing mid decade economic boom In the meantime, there may be some deferred maintenance, short-term, high -turnover tenancies, and even vacancies, as the development community begins to assemble property for future redevelopment. The City should not encourage continued low -scale investment in this area, since it will need to be amortized over a decade or two and will delay accomplishment of preferred development. As regulations are applied to modest renovations, it should be possible to secure some basic improvements. However, the City should not expect full implementation of the vision for the City Center until owners are ready to install long-term, major development projects. Figures VII -5 and VII -6 and Map 11II-9 (located at the end of the chapter) illustrate key steps in the evolution of Federal Way's City Center from 1995 through 2025. The illustrations are taken from a viewpoint just north of South 316`h Street between 200' Avenue South and SR -99. The drawings do not necessarily indicate recommendations for specific sites. The locations of the elements and the time frames may well vary. For example, Figure VII -6 shows an elevated light-rail line that may not be routed to Federal Way during this planning horizon. The drawings do illustrate how a viable City Center can evolve through several coordinated, incremental steps taken over time. The approximate dates are based on current market demand and funding projections. However, new trends, funding priorities, and development opportunities may emerge, changing the timing. An illustration of 1995 conditions is included for reference. Revised 2092 2007.2006 Comprehensive Plan Amendment VII -29 FWCP — Chapter Seven, City Center 2002 — 2010 Actions Develop a pedestrian/bicycle plan that outlines a connected, safety -oriented system of routes and facilities. This chapter shall be used in programming capital projects, reviewing development proposals, and encouraging other agencies to integrate bicycle improvements and linkages into Federal Way projects. The plan should emphasize linkages between transportation facilities, Celebration and Steel Lake parks, S The Commons, and surrounding communities. Continue to plan for and develop parks and public spaces within the City Center. Begin negotiations for acquisition of land for a City Center park, plaza, or square. Complete streetscape improvements along the South 320`h Street corridor. Continue to improve SR -99 and establish mid -block crossings. Complete the BPA bike trail. Continue to negotiate and acquire rights-of-way to augment the City Center street grid. During permit review, ensure that new development is compatible with the street grid. Construct street grid enhancements. . Focus transit activities in the City Center core. Construct streets to serve the transit facility. 'Ptuf e.Pursue public-private artnershi s for desired redevelopment, with Cily investment in ublie open spaceublic arkin and/or ublic infrastructure leveraging substantial catalyzing redevelopment projects. Through Ci ownership and repositioning, continue to pursue substantial redevelopment of the former AMC theaters site in fulfillment of the City Center vision and to be a catal st for additional nearby redevelo ment. Additional opportunities to acquire and reposition key City Center properties should be considered as the opportunities resent themselves. If the City Council chooses the City Center as the appropriate location for Municipal Facilities, begin negotiations and acquire property for Municipal Facilities. Construct Municipal Facilities. Explore feasibility of creation of a City Center park, potentially associated with Municipal Facilities and/or other community facilities. If the concept is approved, begin negotiations and acquire property for a City Center Park. Design and construct a City Center Park. VII -30 Revised 2902 2007.2 16 Comprehensive Plan Amendment FWCP — Chapter Seven, City Center • Enhance educational and recreational opportunities in City Center. 2010 — 2020 Actions • Construct a City Center park with public amenities such as fountains, sculptures, and unique landscaping, separate from Celebration Park. . Continue to pursue public- private partnerships for desired redevelopment with city investment in public open space public parking and/or public infrastructure leveraging substantial catalyzing redevelopment protects • Potentially construct the pedestrian overpass across 320"' Street, and build phase one of the City Center pedestrian mall. • Improve community -wide transit service and implement a "spokes -of -a -wheel" service delivery pattern with City Center as the hub. • Seriously explore the feasibility of constructing a performing arts center and develop an implementation plan. • Establish green parks and corridors throughout the City Center and/or along a City Center pedestrian mall. Activity Since 1995 Comprehensive Plan Adoption The following have been accomplished to implement goals and policies of the City Center chapter since the initial adoption of the FWCP: • In 1996, the City adopted code amendments for the City Center Core and Frame to allow for increased residential density and flexibility in siting residential uses. The City also adopted Community Design Guidelines intended to improve the appearance of non-residential buildings and to expand pedestrian circulation, public open space, and pedestrian amenities. In 1998, in conjunction with King County/METRO, the City improved local and intercity transit which should result in more people having access to shopping and other opportunities in the City Center. Since that time, the City has worked with the transit providers to develop a detailed transit plan for the City Center, including siting and initial design work for the City Center Sound Transit station, as well as improvement of two park-and-ride lots. In 1998, the City adopted policies to provide streetscape enhancements and development of standards for streetlights, street trees, and their placement and Revised 2082 2007, 2006 Comprehensive Plan Amendment VII -31 FWCP — Chapter Seven, City Center location in the City Center. Since that time, substantial progress has been made, with full improvement along this corridor from I-5 to 11`" Avenue South. The City has an adopted TIP and CIP plan which addresses major street improvements in the City Center. Minor collector and local street improvements would be provided by development as redevelopment occurs. In 2001, the City created an Economic Development Division within the Community Development Services Department and hired a Deputy Director to manage it. Among the Division's duties are to lead efforts to encourage City Center redevelopment, attract businesses and developments, and increase visitorship to the City Center. Phases I, II, and III of the BPA trail have been constructed. In 2001 the City Council enacted building code provisions allowing five stories of wood -frame construction over concrete. In 2003 the City Council enacted limited ten- ear prppeLtY tax exemption for multifamily/mixed-use construction. In 2005 the City Council appropriated an initial $5 million fora City Center Redevelopment Fund and has continued to invest in that fund. In addition the city Council passed -a resolution committing to ursue ublic- rivate artnerships to leverage desired redevelopment. In 2005 the City Council engaged professional services to produce up-to-date market data and redevelo ment strate1411es recommendations culminating in adoption of the report and a commitment to pursue the recommended strategies over the next five Years. In Se tember 2006 the EIS for the Ci Center SEPA Planned Action was completed, with adoption of the Planned Action Ordinance providing a streamlined SEPA process in the planned action area ado ted in 2007 In Janua 2007 the Ci Council ac uired the former AMC theaters site ith w the intention of re ositionin that site for redevhe elo ment that will achieve t FWCP vision and serve as a catalyst for other negLby properties. Infrastructure improvements: ■ 1999 – South 312`" Street between Pacific Highway South and 23`d Avenue South—Roadway widened to four lanes; sidewalks constructed; street lighting and street trees installed. • 1999 – South 312" Street and 14'h Avenue South—Pedestrian Crossing Signal added. VII -32 Revised 2802 2007-2006 Com rehensive Plan Amendment FWCP — Chapter Seven, City Center • 2001 – Pacific Highway South/South 320`' Street intersection—Widen roadway and add new turning lanes at each leg of the intersection. Also add street lighting, street trees, install architectural and landscaping elements at each corner of the intersection, and underground utilities. ■ 2001 – SeaTae Mall The Commons surface water conveyance system upgrade. ■ 2001-02 – South 320`h Street between 11`h Avenue South and Interstate 5 —Underground utilities, widen sidewalks where necessary to add new streetlights, install street trees behind the sidewalks, and install medians where feasible. Add dual left -turn lanes at 23`d Avenue South. ■ 2002 – 23`d Avenue South between South 324`h Street and South 316`h Street—Widen roadway to five lanes and add new sidewalks, street lighting, and street trees. Install new traffic signals at South 3161h Street, South 317°i Street, and South 322nd Street. ■ 2002 --Completed the Ring Road (14'h Avenue). ■ 2002 – South 312`h and 14`h Avenue South—Upgrade pedestrian signal to full traffic signal. • 2002-2004 – Pacific Highway HOV Lanes Phase I—Widen Pacific Highway South with an HOV lane in each direction from South 312`h to South 324`h. Add sidewalks center medians landscaping,and utili undergrounding. This project was the City's first of five to improve the Pacific Highway/International Boulevard corridor and was a continuation of the revitalization of the City Center. • 2002 – Add turn lanes on South 324"' Street at SR -99. ■ 2004 – South 314`h Street and 23°d Avenue South ---Construct traffic signal. ■ 2006 – gmth 117"1 e,,.00+ _j -tird Transit's Federal Way Transit Center. u ■ 2007 – 21" Avenue South Pxid road between Sound Transit and South 320`h New Private Development: ■ 2000 – Courtyard Marriot Hotel • 1999 – Marie Calendar's Restaurant • 1999 – Holiday Inn Hotel • 1999 – Extended Stay Motel ■ 1998 – Comfort Inn ■ 1999 - Walmart • 2001-02 – Pavilion Centers, Phases I and II Renovated or Remodeled Projects: • 1998 – SeaTac Village • 1998 – Sunset Square (Safeway and Longs Drugs) • 1999 – Ross Plaza (Rite Aid and Party City) ■ 1999 – Indochine and Genghis Khan Restaurants ■ 2006 – Pal -Do World (Sea Tac Plaza) 2006 – H Mart Grocery Store (located in former OFC in Pavilion Center) Revised 2582 2007 2006 Comprehensive Plan Amendment VII -33 FWCP — Chapter Seven, City Center PROPOSED. PROJECTS •--2093—&Mth-3 4 nth �,, + a �� . 2003 – I-5/City Center Access Study—Develop plan to increase capacity between City Center and I-5 to improve and/or supplement the existing South 320' Street interchange (Phase I Feasibilily Study was com leted in 2005. Phase 11 Feasibility Study scheduled for completion in 2007). • 2003-04 – Potentially locate new municipal facilities. • 2003-05 – Sports and Multipurpose Fieldhouse—potential project. eenneefiff 940 S; E)Hth Feet VII -34 Revised 2007 2006 Com rehensive Plan Amendment a D. . — •--2093—&Mth-3 4 nth �,, + a �� . 2003 – I-5/City Center Access Study—Develop plan to increase capacity between City Center and I-5 to improve and/or supplement the existing South 320' Street interchange (Phase I Feasibilily Study was com leted in 2005. Phase 11 Feasibility Study scheduled for completion in 2007). • 2003-04 – Potentially locate new municipal facilities. • 2003-05 – Sports and Multipurpose Fieldhouse—potential project. eenneefiff 940 S; E)Hth Feet VII -34 Revised 2007 2006 Com rehensive Plan Amendment Figure VII -5 Illustration of City Center, 1995 Conditions *-***S . 320th Street ..... . 20th Avenue S. ........ caecum - - ...... S. 316thStreet � e C u � ° c > o ` ^ cu cu S (Ln U r m co CL ID ^, W > �I (3 p CcT L• cl) a) �■ !� w ` W Qi R � C m ccQi ���pNppp y lL � m LL C L O •O T a) L' p Q 4) V ^` W T a l0 Q l0 Lq L m Nm �� o .0cu 0 c) C= V c J olf1� c LAW. CO O y `° /�z mm G U - • 2 liN m e' LJL = IiJ � IRE I c-1 1\ d `"'y �`, A:1S nG t^Ci f i1 -1 Jc3 } i "• _ m � a d � rt o•` i r�j f s4 J N c Y I N U 5 a. N ` ccy U a N N �6 > N w, A♦ W N CC m ^� W LL�^ \' i.. W A+ LO 2:1 Lu O g os � o m E M �. 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Ij ent 0 1 Village -i 1 _j Plaza 0 0th St C, j _Q_ I ;=P , v/1 j - -- efebration Q'1901 1-u t 0] F-7 e E LLaf� vlajr Commons at L) 1.] ::1 C3 --:3 -_�-�ed6�al waw ;';�i' % ji J A, Existing IJ 31&%r r r_F Ride �Cr-1 ri 4V* �­?IaRq, C_ 13 :- Ez 4 . j / bo jwr �y rk qV Intersection N Scheduled Street Map Date: February, 2003 Park Updated: November, 2006. Improvement Improvement N Recent Intersection Street Recently 0 500 1,000 Feet Improvement Constructed or Existing Street Dedicated ROW F7 City Center Core Proposed Street W City Center Frame A., P'Tyof Federal Way This map Is accompanied by no Ya amlas, and Is sImpiy a graphle representation Map VII -6 Principal Pedestrian and Bicycle Connections take 1�1� —� Easter r` s j Ll CJ " 7 qv Ci /yfl�1 U 1 Centre ?`SCJ r/mrr trac< J L 1 .0 i _I jCejbratidn —SalewaY If Center ti rk a ci nj 312th SS, � s jca-°a�r�j_o.0 p•—i _ l 'o ( _O ,` — — ;4.3t- — Iii I7 _ d (f I almart C o HillsM.I °n l J a Plaza 1 �- St'- -%I 'a3 �l iii o —y Pari<. F°P d d=— L -,--j Fan _ pew ,rr l,�tr� o �Q6 ! th St — —� 1' t� ��Ji U High SQ9rij- e Qi W W ui; L;i WO Gateway r�— . Center i , I Sea Tac )I Center 1 1 Village U Plaza al L Commons at 1 iedal way_ • o _ 1 ExIOW I. r l s� mtr r �_ r 1 Park 8 ?f Rrde 003. � New Transit Center N Existing Bike Route Map Date: February, er, 2 _ g Reformatted: November, 2006 Potential Pedestrian City Center Core N Crossings City Center Frame 0 500 1,000 Feet N Existing Street Park Proposed Street C'" OP Potential Bike Route Federal Way This map Is accompanied by no and Is simply a graphic representation Map VII -4 Potential Transit Alignments and Stops u LOM "oO2% 3 �J 43 i7t'•� ,., 0? ,7 U a I P' b• n : e� jj j ctr0 ad'`I aK,trZ�Rn nRs�4�7��'� plin 13r, II 'iot ���i��l,� i ■ - IAB IT I � �'�,' '�+�L�4D3 (tat C.! � - . S S — _'.. ♦ �C i� �� Ova � 1� $"' Ceram ¢� • � � r� lm LP �� �,�• l T Commons at' , edera/ Way 11-J',I EA,f _ Syph St ra�r1F i -b n } rte,., w,+, r 1ltb t''-+'.CCy�ISiJ-171_- . .Yt �, 4 � i, i ^...i� � L► ' �.��1 � �i�a.Li�J-iyyl ` lrk--� �f y 1 G iUl�Itltrrt i n t r Malo Dale, Pobruwy, 2083. Naw Transit Center = ; City Center France Rctrmalmd. ftvamber, as N Potential "CT .algnme1(2 After natives) = Park 6 500 1,Op0 F't'J3 >>� Potential Transit Routes I=—= I I Potential Transit Stop City Center Core f".IO Federal allay City of Federal Way Potential Location of City Center Comprehensive Plan j Public Spaces and Bicycle Routes I I'(�II't Z. CD —S-311th—St _Lip J.. ew JCenter �_— -- -� 0 Pal -do -- I X ' + SeaTac� Village r a World r1st- celebration �Plaza5. 2th §L __ ':arl(tj l__S-320_ ` Nl _ Center _ - a M Safeway j `TheJCommons at - _ �, - Imo, L i _,Federal Way — -- L - S 320 St �.� — Park Ride h 4th. $t m Li C �V , J _ . - � ' 1 ^�. ,,*ice `' ���'• � �L' _- 1 .© Celebration � I;I��i �=� '=-,-. L HI Park'��",ti.� Legend Potential Public Space Locations ® Park Existing Bicycle Route j City Center Core ■o�l� Planned Bicycle Route City Center Frame Surface Water Building j Street This map is accompanied by NO warranties. Map Date: March, 2007 a Scale: N 0 500 1,000 Feet I i I CITY OF Federal Way City Center Element Map VII -8 awltions Walmart ID r = a ��� � , i UO) . Center J <N ArHillside Plaza �_ a Steel Lake a -G jC, C.1 Top _ _- Park aD Foods _ th St eral Wa ransit ` _VG arry Truin z. High Scho �3 i _Lip J.. ew JCenter �_— -- -� 0 Pal -do -- I X ' + SeaTac� Village r a World r1st- celebration �Plaza5. 2th §L __ ':arl(tj l__S-320_ ` Nl _ Center _ - a M Safeway j `TheJCommons at - _ �, - Imo, L i _,Federal Way — -- L - S 320 St �.� — Park Ride h 4th. $t m Li C �V , J _ . - � ' 1 ^�. ,,*ice `' ���'• � �L' _- 1 .© Celebration � I;I��i �=� '=-,-. L HI Park'��",ti.� Legend Potential Public Space Locations ® Park Existing Bicycle Route j City Center Core ■o�l� Planned Bicycle Route City Center Frame Surface Water Building j Street This map is accompanied by NO warranties. Map Date: March, 2007 a Scale: N 0 500 1,000 Feet I i I CITY OF Federal Way City Center Element Map VII -8 -�o �a 1 takeC o O ;` Easter SS Icu'eu;l4n�a_nnlla q I(; r,�z;:�u-;.� olli i Map VII -9 Phasing Concept 1995-2010 u Pavillions o li 7 I t Centre — c Hillside > If Plaza yy r� U� Harry S Turman �I, // i ]1 lJ _ �'Gateway Z1 `—$r LI ( } Center x �f- Sea Tac J L � J `� L Village r Center i i // If r J Plaza 'SL Commons at II y �. nl y cL) a !IQ; en Dam" II a So 4. h a c..a �'C"L L J almart is tn'Lr I S320thSt_ L 619, elebratlo a Safeway Cerjter =:5 a v S') 31 15 to I��D�lii f `L rk 1 L LCL Federal, Way_ ,A/ /r lth St Improvement Existing / Park & ! to _'l i� ] I �j?i Ride /.-5 \tc�'/.�niCY_r�f';/I_'�C"'iF.:� j it jiN Improvement ;s�`rn, �,,�•rsc rto ' Pacific Hwy South - Widen Road to include HOV lanes Improvement and underground utility poles. Add sidewalks, street i lights, trees and landscape median. City Center Frame i Park This map 5 accompanied by no warranties, and Is aimpiy a graphic represematbn ® Intersection 40V Street Improvements Improvement Recently Completed N Scheduled Street GIM New Transit Center Improvement (D Recent Intersection Pacific Hwy South - Widen Road to include HOV lanes Improvement and underground utility poles. Add sidewalks, street City Center Core lights, trees and landscape median. City Center Frame Proposed Right of Way Park This map 5 accompanied by no warranties, and Is aimpiy a graphic represematbn Map Date: February, 2003. Update: February, 2007 0 500 1,000 Feet i I � Federal Way CITY OF FEDERAL WAY Comprehensive Plan List of Maps Following Maps were Revised as Part of the 2006 Comprehensive Plan Amendment Chapter Three - Transportation Map III -1 Travel Patterns from Residential Areas in the Federal Way Planning Area Map III -2 Existing Significant Streets and Highways Map III -3 Existing and Planned Traffic Signals Map III -4 2000 Traffic Volumes Map III -5 Functional Classification of Existing and Planned Streets and Highways Maplll-6 Planned Street Sections Map III -7 State Access Management Classifications Map III -8 City Access Management Classifications Map III -9 2002 Congested Streets and Highways Map III -10 2008 Congestion with Existing Streets and Highways Map III -11 2008 Congestion with Proposed Streets and Highway Improvements Map 1II-12 2020 Congestion with 2008 Streets and Highway Improvements Map III -13 2020 Congestion with 2020 Improvements Map III -14 High Collision Rate Intersections (1997 - 1999) Map III -15 High Collision Rate Corridors (1997 - 1999) Map III -16 High Collision Severity Intersections (1997 - 1999) Map III -17 High Collision Severity Corridors Map III -18 Sidewalks Inventory on Major Streets (2002) Map III -19 Bicycle Facilities Plan Map III -20 All Day Transit Service,, EffeGtWe ,no 2nn� Map III -21 Peak Hour Transit Service, Map 111-22 Proposed Transit Routes Map III -23 Helicopter Landing Areas Map III -24 Recommended Heliport Siting Areas Map III -25 Through Truck Route Plan Map III -26 2003-2008 Transportation Improvement Plan Map III -27A 2009-2020 Capital Improvement Plan Map III -27B 2003-2020 Regional Capital Improvement Plan Chapter Eight - Potential Annexation Areas Map VIII -1 Federal Way PAA Map VIII -2 Community Level Subarea Boundaries Map VIII -3 Sensitive Areas Map V111-4 Geologic Hazards Map VIII -5 Parks and Cultural Resources Map VIII -6 Pre -Annexation Comprehensive Plan Designations Map VIII -7 Pre -Annexation Zoning Map Map VIII -8 Surface Water Facilities Map VIII -9 Arterials & Local Streets Map VIII -10 Existing Roadway Level of Service Map VIII -1 1 Year 2020 Roadway Level of Service Map VIII -12 20 Year Proposed Intersection Improvements Map VIII -13 Fire Department Facilities Map VIII -14 Public School Facilities Chapter Nine - Natural Environment Map IX -1 Aquifers Map IX -1 A Aquifers and Wells Wellhead Capture Zones Map IX -2 Areas Susceptible to Groundwater Contamination Map IX -3 Wellhead Capture Zones Map IX -4 Wllho--1-4 G_GPf Fe ZGR6` Surface Water Resources Map IX -5 eGd ` Geologic Hazards Map IX -6 SUFfGGe WGteF ReSGUF Priority Habitats and Species Chapter Ten - Public Utilities Map X-1 Council Approved PAA Boundary Map X-2 Existing and Proposed Improvements to the Sub -Transmission System, Puget Sound Energy -Gas Electricity Map X-3 puget SGuRd EReFgy Gas Supply Mains, Puget Sound Energy -Gas Map X-4 Proposed Improvements, Puget Sound Energy -Gas Map X-5 Cable Service by Comcast, Cable TV Television Map III -1 N c 3 �3 _ N.92 W ro > Ox CD C �� O O_ LL a a CL Y0 N C _ LULL co o cu c Q ci N co O _ COo N � ` Q Q a � a i m o � v d 44 MS 3AV 19 AHVIII r 3AV H18Z S I I �y Au r a • SA o S AMH 0131JVd � S o _ 'S3 1st ( i S3AVISI -I--- � N ' b tri m m � vi ♦ DR i�— I r \C6 4Z,o S 3AV IS I� t S AV ISL '•' . 6mO L/���(� wHO RID � i._ c o a m °. a� w /� c a V/ O aLi :� ci r o o = ��•• a N � ui N E_ a �cz a� LL co o y �o X CO U C C13 CU L U Q •� c E n E o x o a wU co a_ CO _Q �_ � � cz �—_ U i a •� F.. � o E cL E N o x ac) w c U) cc N U cn � C a a C hi a� x cn o a LL w M a a LL �m w c a ` o d f I �H .�7•ll -1 31v I( 3AV H1BZ t � Li 13Vd r - "S3 1st S3AVIsl SAO ai m t m • ° y y •' OR 4 AV o 1 h' AAS A Is i 3 om p �� < �l �'• w J '( / m ! 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M 1 y y � C;t OR vi S 3nV Is t j MS tv a L . e �� 2 ca 3: IL TZ o a E �� i �a f.r O Q 0) E E m; UJ Ni r O a a N E M— O � N CL V ca a)o = ¢ E O x U' a) Q :° (D Q) -a .. ii a v ami E a,> o E °' -p O N E OU) 4) N 4) c •o cn za E E (D (Dc Z O a o E a � C " -� a) i N c a� o CZ a =a l l `�� m N CL Q o � LL GUE m L o v �kMPl.d;4l1V>n I � GA m — (/`�V co 9 t` L cq © VNI � 'S 'HOI��dIOVd 1' 0 / w / 'S3 tst i•'S3AVtat ys� s > t rn m m h vi •' � D R MS 3AV is t r� MS AV is l f�\ r� �m Vic, � wLU o ID HO i - _ J Steel X —'--' —1% Lake) —1.00, e " - 1 •dd — Federal _ Way North - ti _ _ _ - `• Lake I 1 o T Geneva � t Leke Community Level Subarea Boundaries Federal Way PAA Potential Annexation Area Element vicinity m FEDEAA WAY Scale: Legend: 0 1/2 Mile Federal Way ® Algona Map Reformatted: 10/2006 Auburn F7 Des Moines 33325 8th Ave S, Kent Federal Way, WA 98003 Milton (253) 835-7000 . Pacific 0 Federal Way, P.A.A. (� Algona, P.A.A. Auburn, P.A.A. Kent, P.A.A. a Milton, P.A.A. Pacific, P.A.A. vicinity m FEDEAA WAY Scale: 0 1/2 Mile ® N Map Reformatted: 10/2006 Please Note: City of Federal Way, This map is intended for use 33325 8th Ave S, as a graphical representation Federal Way, WA 98003 ONLY. The City of Federal (253) 835-7000 . Way makes no warranty www.cityoffederalway.com as to its accuracy. AFederalWay Map VIII -1 data2Aabitham/cpma ps/paa/genmap.aml r... auk. 1 'Geneve . Lakeland ,Jovita Tro\ u'r L pacific City of Federal Way Comprehensive Plan Community Level Subarea Boundaries Potential Annexation Area Element Legend: Potential Annexation Area - Community Level Subareas: j� Star Lake (Northeast) Camelot (Northeast) 0 Jovita (Southeast) Lakeland (Southeast) [� Parkway (Southeast) Other Areas: Incorporated Area 0 Unincorporated Area Source: City of Federal Way, GIS Division & Department of Community Development Services, BWR, ECONorthwest, PAA Steering Committee, December 2001 Vicinity Map FEDERA WAY Scale: J — ® N Map Reformatted: 10/2006 _LakeStar - ------ This map is intended for use 33325 8th Ave S, as a graphical representation Federal Way, WA 98003 ONLY. The City of Federal (253) 835-7000 Way makes no warranty www.cityoffederatway.com as to its accuracy. Star Lake - - I I S� 288th QST — I- ice—— f. IY T—i S 304th ST- r — — i S � 312th ST ' .' Camelot 1 ' 0 Auburn v _ — — Q S 320th ST A I S32 MILE - _ Federal " .4 _— Way. - — - — _ _ 0 .1 HL y Lake J a ,9 r... auk. 1 'Geneve . Lakeland ,Jovita Tro\ u'r L pacific City of Federal Way Comprehensive Plan Community Level Subarea Boundaries Potential Annexation Area Element Legend: Potential Annexation Area - Community Level Subareas: j� Star Lake (Northeast) Camelot (Northeast) 0 Jovita (Southeast) Lakeland (Southeast) [� Parkway (Southeast) Other Areas: Incorporated Area 0 Unincorporated Area Source: City of Federal Way, GIS Division & Department of Community Development Services, BWR, ECONorthwest, PAA Steering Committee, December 2001 Vicinity Map FEDERA WAY Scale: 0 1/2 Mile ® N Map Reformatted: 10/2006 Please Note: City of Federal Way, This map is intended for use 33325 8th Ave S, as a graphical representation Federal Way, WA 98003 ONLY. The City of Federal (253) 835-7000 Way makes no warranty www.cityoffederatway.com as to its accuracy. A Federal Way .Jdata2Aabitham/paa/commap.aml Map VIII -2 S 72nd ST `• o - St., N Lake es �� q , �_ � _ • �� �. � , • 7—w _ _ —♦ �� • S, 28gtsT— —*Star Laice _ Redondo -Milton • • ell— Cliannttliler - 04th 1i -TP = _. �. •• — — steel i_ Lake r Camelot Auburn e f• ` � S 320th ST ' S32 ST • — ederal Way NarM _ w y Lake z, all _ - st • , a L ela�d P( rkw ,Jovita r� a Redondo -Milton - Fae Channel Aquifeil r l 1 •♦ '` Vim' • off` `7.1e IL Pac' i City of Federal Way Comprehensive Plan Sensitive Areas Potential Annexation Area Element Legend: ♦ Lakehaven Utility District Well • Private Well (All Uses, In Use and Unused) Blue/Green Heron Breeding Nest /V Streams t/ Anadromous Fish Runs jt/ Resident Fish Present NRiparian Areas # Urban Natural Open Space Water Fowl Deep Aquifer Eastern Upland Aquifer Redondo Milton Channel Aquifer •v Mirror Lake Aquifer Susceptibility to Groundwater Contamination - Medium Sensitivity Susceptibility to Groundwater Contamination - High Sensitivity ® 100 Year Floodplain - Wetlands Source: King County GIS Center, December 2001, City of Federal Way Comprehensive Plan, 2000, Lakehaven Utility District, 2002 Sheldon and Associates, April 2002 and State of Washington This document is not a substitute for a field survey. ADDITIONAL SENSITIVE AREAS MAY EXIST. FEDERA WAY Q as a Federal Way ./data2/tabtthamtepmaps/paa/crit2.amI Map V111-3 Note: Scale: Wetlands and streams were identified in a 0 1/2 Mile1998 City of Federal Way study. Wildlife N habitat information comes from the State of Washington Map Reformatted: 10/2006 Please Note: City of Federal Way, This map is intended for use 33325 8th Ave S, Federal Way, WA 98003 as a graphical representation ONLY. The City of Federal (253) 835-7000 Way makes no warranty www.cityoffederalway.com as to its accuracy. Federal Way ./data2/tabtthamtepmaps/paa/crit2.amI Map V111-3 City of Federal Way tia 1 Comprehensive Plan star _ Lake Geologic Hazards T Y 1a-zsas� -� r --� - iL S 2 i!s Potential Annexation 4, y Area Element — �1 Legend: it Landslide Hazard Areas Erosion Hazard Areas - - -Imo;., _ �J -- - _ steel :=~ ':;12 (There are NO coal mine hazards or seismic hazards in this area.) T = — - k,l ' Potential Annexation Area ,fake J, _q- _ s� _' r Community Level Subareas: - s� -_ ) -- � ,-li'>rI2C'Z(3t i� Star Lake (Northeast) 11�� 0 Camelot (Northeast) — -� - - --t 0 Jovita (Southeast) F Lakeland (Southeast) Parkway (Southeast) i Other Areas: 5:92th ST - �� _ _ + Incorporated Area - IFedprar - -- I - Cl, -.-- Way—;_L Unincorporated Area _ -_— Source: King County GIS Center, December 2001 not a te folr afield surves document ys. ADDITIONAL Y SENSITIVE AREAS MAY EXIST. ' \\`+ .I � .moi _ -1 � � • �- - � FEOERA WAYas Yrs - �� Q f C L Scale: 0 1/2 Mile +� x Map Reformatted: 10/2006 Please Note: Y Cit of Federal Way,This ma is intended for use p - `' a`� - _- _ �„' _ ,' = _• �' 25 8th Ave S, as a graphical representation 333 Federal Way, WA 98003 ONLY. The City of Federal (253) 83577000 Way makes no warranty www.cityoffederalway.com as to its accuracy. c� We - Federal Way /data2Aabitham/cpmaps/paa/crttl.aml Map VIII -4 r- �� HERITAGE �f BWWI- INGAMAN WOODS `„ POND _ P PARK CAMELOT► PARK SACAJAWEAWEA PARK I� �WILOWOO� �PARK DOLLOFF t FISHING ACCESS i t NORTHLAKE _ FISHING ACCESS LAKE GENEVA & 2 a 1 KILLARNEY FISHING ACCESS �: `'�j LAKE ^ KILLARNEY LAKE •Lr PARK A GENEVA S`t' B -PARK 1� .SOUTH I �c COUNTY . BALLFIELDS c t LAKE PARK �/� 3 City of Federal Way Comprehensive Plan Parks & Cultural Resources Potential Annexation Area Element Legend: Recreational Facilities: Q Fishing Access, Lake Geneva 0 Fishing Access, Lake Killarney © Federal Way Senior Center Q North Lake Improvement Club Cultural Resources Q Fancher House © Sutherland's Gas Station and Grocery © Westborg House Community Level Subarea Boundary Public Park Incorporated Area Unincorporated Area Source: City of Federal Way GIS, King County Department of Natural Resources, December 2001, Federal Way Senior Center, February 2002 and State of Washington, Department of Fish and Wildlife, February, 2002 FEDERA WAY Scale: 0 1/2 Mile N Map Reformatted: 10/2006 Please Note: City of Federal Way, This map is intended for use 33325 8th Ave S, as a graphical representation Federal Way, WA 98003 ONLY. The City of Federal (253) 835-7000 Way makes no warranty www.cityoffederatway.com as to its accuracy. A Federal Way M a V i l l ../data2/tabdham/cpmaps/paa/parks.aml City of Federal Way Comprehensive Plan Pre 72nd ST 7-t star- -Z— Lake -aS = _ -_ _ _�..�. -Annexation Comprehensive Plan 2$81 ST = -_ _- Designations �y _ _= _=: -_ Potential Annexation Area Element S 304th ST Steel � 0 12th ST Camelot _-- — -i - Auburn --- - Legend: Community Business Q S 20th ST Multi Family _ Neighborhood Business Parks and Open Space Federa! Office Park Way yZ . Single Family, Medium Density h� � 9Q 0 N r. cake Single Family, High Density Source: City of Federal Way HWY I 1 T I-1�.� _,- --_ --.I I so 17 FEDtRA "t. WAY Q ca _.T - — _ i i Lakeland f Jovits, Scale: p 1/2 Mile - _ r `� -'--_� ___= j�a�■1 Map Reformatted: 10/2006 Please Note: City of Federal Way, This map is intended for use 33325 8th Ave S, as a graphical representation Federal Way, WA 98003 ONLY. The City of Federal _ - z (253) 835-7000 Way makes no warranty I www.cityoffederatway.com as to its accuracy. ` . P I Pacific A Federal Way e r �� a aml MapVlll-6 ../data2ftahitham/cpmapslpaa/fwcomp C� std Lake12 4fLake - r Federal Way oma' e P_m.l I 1 Auburn 1 I 1 I a WY°1$ I __ r -.wa ,lovits Irl = -'- __ :•_ _- Ngo Mr. y/ Pacific � � 9 City of Federal Way Comprehensive Plan Pre -Annexation Zoning Map Potential Annexation Area Element Area Governed by Development Agreement Legend: BC (Community Business) BN (Neighborhood Business) OP (Office Park) RS35.0 (1 Unit/35,000 SF) S 304th ST -�- � — t °• � � �^ Steed-- RS5.0 (1 Unit/5,000 SF) �_ Lake RM3600 (1 Unit/3600 SF) RM2400 (1 UniU2400 SF) t 2th ST Cam_elvt .: Source: City of Federal Way 120th ST Federal Way oma' e P_m.l I 1 Auburn 1 I 1 I a WY°1$ I __ r -.wa ,lovits Irl = -'- __ :•_ _- Ngo Mr. y/ Pacific � � 9 City of Federal Way Comprehensive Plan Pre -Annexation Zoning Map Potential Annexation Area Element FEDERA WAY Scale: 0 1/2 Mile Map Reformatted: 10/2006 City of Federal Way, 33325 8th Ave S, Federal Way, WA 98003 (253) 835-7000 www.cityoffederalway.com Q M •c a Please Note: This map is intended for use as a graphical representation ONLY. The City of Federal Way makes no warranty as to its accuracy. .& Federal Way ./data2itabdham/cpmaps/paa/twzone aml Map VIII -7 Area Governed by Development Agreement Legend: BC (Community Business) BN (Neighborhood Business) OP (Office Park) RS35.0 (1 Unit/35,000 SF) RS9.6 (t Unit/9,600 SF) RS7.2 (1 Unit/7.200 SF) RS5.0 (1 Unit/5,000 SF) RM3600 (1 Unit/3600 SF) RM2400 (1 UniU2400 SF) - RM1800 (1 Unit/1800 SF) Source: City of Federal Way FEDERA WAY Scale: 0 1/2 Mile Map Reformatted: 10/2006 City of Federal Way, 33325 8th Ave S, Federal Way, WA 98003 (253) 835-7000 www.cityoffederalway.com Q M •c a Please Note: This map is intended for use as a graphical representation ONLY. The City of Federal Way makes no warranty as to its accuracy. .& Federal Way ./data2itabdham/cpmaps/paa/twzone aml Map VIII -7 S 272nd ST !—Sta, -t — �.f- r-` Lake I � - --•-- \ i PIS - - . -A J a04th st - r - - steer -- — -� Lake - t \ •- 1 r..�.l ^yi 312;t,�T Y Camelot 1 Auburn Y 5 320th ST Y -- - •etlPra) —" � � _ f way - Q Norm Lake �� • Lake , _+- • y • s .ce d rkivay — -- - ,Jovita r Y_ a - - Luke i— Q•— a 1. Pacific A. — City of Federal Way Comprehensive Plan Surface Water Facilities Potential Annexation Area Element 0 1/2 Mile Legend: ♦ Conveyance Facility • Residential Surface Water Facility A Commercial Suf ace Water Facility Regional Stormwater Facilities: Ca Lake Dolloff Outlet �. P-32 (Camelot Park) 33325 8th Ave S, Federal Way, WA 98003 Peasley Canyon Culvert (253) 835-7000 Regency Woods, Div 1 gj Regency Woods, Div 4 Federal Way Regency Woods, Div 4 (2) Jdata2rtabnham /cpmaps/paa/xswdraln.am1 S 360th St Embankment Sweet Briar Drainage Improvement Regency Woods, Div 1 Regency Woods, Div 4 (3) Problem, (in P.A.A.) See text. © Problem, (Outside P.A.A.) See text. /V Streams ® 100 Year Floodplain Wetlands Hylebos Creek Basin Lower Green River Basin 0 Lower Puget Sound Basin Mill Creek Basin White River Basin Scale: Source: King County 0 1/2 Mile GIS Center, December 2001, King County Department of Natural Resources, December 2001 & January - Ca March 2002, M King County Asset 33325 8th Ave S, Federal Way, WA 98003 Development and (253) 835-7000 Management Section, www.cityoffederatway.com March 2002 Federal Way Scale: 0 1/2 Mile Note: Wetlands and streams N were identified in a 1998 City of Federal Way study. Map Reformatted: 10/2006 Please Note: City of Federal Way, This map is intended for use 33325 8th Ave S, Federal Way, WA 98003 as a graphical representation ONLY. The City of Federal (253) 835-7000 Way makes no warranty www.cityoffederatway.com as to its accuracy. Federal Way Jdata2rtabnham /cpmaps/paa/xswdraln.am1 Map V111-V/x� S 272nd ST 0 1/2 Mile Q N Map Reformatted: 10/2006 Star - City of Federal Way, �� Lake ye S 2 7th r/ 9 (253) 835-7000 Way makes no warranty www.cityoffederalway.com as to its accuracy. A Federal Way Map VIII -9 ake a C IS S 3 � e to y — � (� li S2 th ST th S 304t I 4th ST Steel -` Lake Q I , tP• t ST co s l a elot > S ! <� 1 Auburn 3 t S N 3 0 ST ' I e S 21St I N > a A S << — 3 ST �:, Federa WF4 / L < I S 330t t N y Lake 2 (• Z - ( ZCII J V i N • J ¢ / Q LLI ul . — e e ! We - L.ke ' 3enev, W^„ - r �y s Lake ovita I .g S 360th STUj fp � > Q .0 Lk. \ I l , f L R. F '�°�cific City of Federal Way Comprehensive Plan Arterials & Local Streets Potential Annexation Area Element Legend: Federal Way Street Classifications: N Principal Arterial ^/ Minor Arterial IV Principal Collector Minor Collector Potential Annexation Area - Community Level Subareas: Star Lake (Northeast) 0 Camelot (Northeast) Jovita (Southeast) Lakeland (Southeast) L`I Parkway (Southeast) Other Areas: Incorporated Area Unincorporated Area Source: King County GIS Center, December 2001, City of Federal Way, Comprehensive Plan, 2000 FEOERA WAY Q c0 Scale: 0 1/2 Mile N Map Reformatted: 10/2006 i Please Note: City of Federal Way, I This map is intended for use 33325 8th Ave S, as a graphical representation Federal Way, WA 98003 ONLY. The City of Federal (253) 835-7000 Way makes no warranty www.cityoffederalway.com as to its accuracy. A Federal Way Map VIII -9 ./data2Rabttham/epmaps/paa/transp.aml 14_4_S27 -2nd S272nd ST star y 'o Lake Y S 277th ake Q S � 3 e _ r e y �^ S+ g 296thIT r e F T S 304th 4 . 4th ST Steel � Lake wQ �;�^\ t sT t ) a Blot I N l I Auburn S t r a 0 1 T ° I ' S421st >Q s 3 ST ;; !� - Federa L Wa, It < 0 I e OZ S 330t �e 1 L.ke y Leke W N ♦ `i -J y IL 0 W e t W e e m Q 9 i ' tate ' W 34 tir T ( > I f J% > ICA T • : °' 1.3 d ovita S 360th STI W I 3 Uj I \ FYe uae ' e � J Trout e a We %r cific City of Federal Way Comprehensive Plan Existing Roadway Level of Service Potential Annexation Area Element Legend: Level of Service Intersections: O Meets City LOS Failed Intersection (Before Mitigation) Federal Way Street Classifications: ^/ Principal Arterial N Minor Arterial % Principal Collector Minor Collector Incorporated Area Unincorporated Area Potential Annexation Area - Community Level Subareas: Star Lake (Northeast) 0 Camelot (Northeast) Jovita (Southeast) Lakeland (Southeast) Parkway (Southeast) Source: King County GIS Center, December 2001, City of Federal Way Comprehensive Plan, 2000, Jones & Stokes, 2002 FEOERA VIA Q «S Scale: 0 1/2 Mile N Map Reformatted: 10/2006 Please Note: City of Federal Way, This map is intended for use 33325 8th Ave S, as a graphical representation Federal Way, WA 98003 ONLY. The City of Federal (253) 835-7000 Way makes no warranty www.cityoffederalway.com as to its accuracy. A Federal Way /data21labitham/cpmaps/paa/los aml Map V111-1 0 City of Federal Way Comprehensive Plan Year 2020 Roadway Level of Service Potential Annexation Area Element Legend: Level of Service Intersections: O Meets City LOS Failed Intersection (Before Mitigation) Federal Way Street Classifications: Principal Arterial Minor Arterial %V Principal Collector Minor Collector Incorporated Area �I Unincorporated Area Potential Annexation Area - Community Level Subareas: �] Star Lake (Northeast) 0 Camelot (Northeast) Jovita (Southeast) Lakeland (Southeast) F7 Parkway (Southeast) Source: King County GIS Center, December 2001, City of Federal Way Comprehensive Plan, 2000, Jones & Stokes, 2002 CL U_ Scale: 0 1/2 Mile a N Map Reformatted: 10/2006 Please Note: City of Federal Way, This map is intended for use 33325 8th Ave S, as a graphical representation Federal Way, WA 98003 ONLY. The City of Federal (253) 835-7000 Way makes no warranty www.cityoffederalway.com I as to its accuracy A Federal Way abitham/cpmaps/paa/Ias2020 aml Map V111-1 1 S 304th ST- -- Lal<e - ��'?.�� ♦�.�� S 312th ST � _ Auburn ty a S 320th ST ° ,I S32 ST Federal ' way-- 17 ay- I- w ,/ r r� Z r �Q Lake r. S71� I � i / F• � - -1` — I •� — — O b Q Jae W r' 9 cli - Q - ML! Llr! - - -- L,"! 1 pacific City of Federal Way Comprehensive Plan 20 Year Proposed Intersection Improvements Potential Annexation Area Element Legend: Proposed Intersection Improvement FEOERA WAY Scale: S 272nd ST d 4. N Map Reformatted: 10/2006 Please Note: City of Federal Way, This map is intended for use 33325 8th Ave S, Federal Way, WA 98003 as a graphical representation ONLY. The City of Federal (253) 835-7000 Way makes no warranty www.cityoffederatway.com as to its accuracy. Lake '288th'ST— flBttt�S.L- S 304th ST- -- Lal<e - ��'?.�� ♦�.�� S 312th ST � _ Auburn ty a S 320th ST ° ,I S32 ST Federal ' way-- 17 ay- I- w ,/ r r� Z r �Q Lake r. S71� I � i / F• � - -1` — I •� — — O b Q Jae W r' 9 cli - Q - ML! Llr! - - -- L,"! 1 pacific City of Federal Way Comprehensive Plan 20 Year Proposed Intersection Improvements Potential Annexation Area Element Legend: Proposed Intersection Improvement FEOERA WAY Scale: 0 1/2 Mile a N Map Reformatted: 10/2006 Please Note: City of Federal Way, This map is intended for use 33325 8th Ave S, Federal Way, WA 98003 as a graphical representation ONLY. The City of Federal (253) 835-7000 Way makes no warranty www.cityoffederatway.com as to its accuracy. A Federal Way Map V �/ i l) — 1L n ./data2Rabitham/epmaWp2aAntimpmapaml 72nd ST It lif K 9! star Lake Fi re !~ l` ake istr 1 e 88I & 't 5 r 99 ° S 30 thS Fi re Steel Lake `l' District , #39 L �a t ST 1 amelot / 1 Auburn ° I! U � f 3 Qui s A S 32 ill ST s!L Federa � wa; p NorthO tie ! Lake 2 5) l 18 • ri FI re —QIstrlct Ci y 'o B a Aub rn� Lae 1 I �- L P ake J i wa ;� ovita X �CO Fh,e re s ( Lae°bis rie r at L°"° I --Pacific 781 City �- of Federal Way Comprehensive Plan Fire Department Facilities Potential Annexation Area Element FEOERA WAY Q [O v Scale: Legend: 0 Fire Station �I Fire District Boundary Map Reformatted: 10/2006 Community Level City of Federal Way, Subarea Boundary 33325 8th Ave S, incorporated Area Federal Way, WA 98003 Unincorporated Area (253) 835-7000 Source: Federal Way Fire Department, www.cityoffederaNvay.com City of Federal Way GIS Division, AP"ederalWay February 2002 FEOERA WAY Q [O v Scale: 0 1/2 Mile N Map Reformatted: 10/2006 Please Nate: City of Federal Way, This map is intended for use 33325 8th Ave S, as a graphical representation Federal Way, WA 98003 ONLY. The City of Federal (253) 835-7000 Way makes no warranty www.cityoffederaNvay.com as to its accuracy. AP"ederalWay Map VIII-13 Idata2/tabttham/cpmaps/paa/ffredist.am I M ELEMENTARY ,� • VALHALLA ELEMENTARY Kent THOMAStt 1� - JEFFERSON I OW— AWEA mom CAMELOT 6VILDW000 , �_ _ ELEMENTARY ESCHOOL ELEMENTARY r MEREDITH HILL . LAKE DOLLOFF ELEMENTARY ELEMETARY KILO MIDDLE I SC HOO LJ HIGH I / t� i t 5 _ 18 ■. ' i -' LAKELAND ELEMENTARY SAGHALIE MIDDLE SCHOOL / y . LLEMER VIEW ELEMENTARY 161 City of Federal Way Comprehensive Plan Public School Facilities Potential Annexation Area Element FEDERA WAY Scale: Legend: 0 1/2 Mile School District Boundary ® Elementary School Map Reformatted: 10/2006 Junior High School 0 Senior High School 33325 8th Ave S, . Potential Annexation Area - Federal Way, WA 98003 Community Level Subareas: (� Star Lake (Northeast) 0 Camelot (Northeast) 0 Jovita (Southeast) 0 Lakeland (Southeast) 1-1 Parkway (Southeast) Other Areas: Incorporated Area Unincorporated Area Source: Federal Way School District, City of Federal Way GIS Division, 2001 FEDERA WAY Scale: 0 1/2 Mile ® N Map Reformatted: 10/2006 Please Note: City of Federal Way, This map is intended for use 33325 8th Ave S, . as a graphical representation Federal Way, WA 98003 ONLY. The City of Federal (253) 835-7000 Way makes no warranty www.cityoffederalway.com as to its accuracy. 1FederalWay Map VIII -14 Jdata2Aabdham/cpma mps/paa/schldist.aml r � T 0 0 CCLa � o >% co cu LL Q1 I11 m Q > J N Q N C � � CD x c c- occ 2N A �o WLL Q c v° 3(j o i y"' AA++ W 1 1 W ` C ` OE OLL a m L d L 0 W G7 �' N a • U a LL E '*- O cr z z Oi I Qt U)C)ul O U U Q J® I _1 a ? L O 1 y I ll 1Q, Nii\itac \\ I �J " _ 3p I LL J '. 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M v/o •Fac S AV 4169 'z: Z5 \u1 1 O � / - 60 E �a ® �a 0 M- dao 0�` tt` LP Y v`a�N Q0 3 a I*Xjltmvb FEDERAL WAY COMPREHENSIVE PLAN 2006 Amendments CONSISTING OF: Amendments to Comprehensive Plan & Zoning Map Boundaries Business Park (BP) / Commercial Enterprise (CE) & Community Business (BC) v OF ederal Way Proposed Boundary Map Date 4/18/07 City yof Way 33325 *Federal8th Ave S Changes PO Box 9718 Federal Way, WA 98063 _'' (253) 835-2558 RM3600 www.cityoffederahNay.com Zoning AWN ar ITT 3, -.00 men Key: � Proposed RM2400 Zoning r' j Existing Business Park (BP) /Proposed CE Proposed RM3600 Zoning Existing Community Business (BC) / Remaining BC Existing BC / Proposed CE �j vroposea _� _'' RM3600 Zoning Proposed RM2400 Zoning co now, Proposed CE Zoning AWN ar ITT 3, -.00 men Key: � Proposed RM2400 Zoning r' j Existing Business Park (BP) /Proposed CE Proposed RM3600 Zoning Existing Community Business (BC) / Remaining BC Existing BC / Proposed CE �j EXHIBIT C FEDERAL WAY COMPREHENSIVE PLAN 2006 Amendments CONSISTING OF: Change of Comprehensive Plan & Zoning Designation Mitchell Place jt4 o aNi _ 3 `n a V _ L 0 co � N � C () o c y� a N c N C � _ �� N w _ (s,� a m W 0 L W O N N N 'E.2 LL L- Q .0 ate. C. Q 7 _ co N o rn � Z U ~� L •0 4) N J20 k Z Id Hl£l rs a 4) ! l CD 1 p iv >'m - _ d� Ea- S'ld HIOF "' ! Op Q ti D) 0 J 0 as N g2 � 5At/H16 - 1 co Hl6 ----- --- - Y3u—? O m-S _ m- m- a � , m _ li Ory� VU �,m V a. oEl to WUmN EXHIBIT D FEDERAL WAY COMPREHENSIVE PLAN 2006 Amendments CONSISTING OF: Citizen -Initiated Requests Maps Request # 1 —Quadrant Request #2 — Trimble Request #3 — Gramor Request #4 — Washington Memorial Park Request #5 — Taylor Request #6 — Lifeway Church Request #7 — Waller Road IV Associates 45 I � N R r Y d r d o cu N p .? N N T . U I Q z m N �� _ d _ a q C C U O LL o� c N N N rn a v m N .E IM- > O aN p n LL a) Q+ L Nn oT tm � c N mOE U) v (n U Y n icnO y a cm 0I®� ® M .N E U Z t 45 I oo w Y d r o N p .? N N T . 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O Z—"� _ im off� JulZ + i Q L c O E F- miir 1UZNm —r NE' ` 2 NCO ` o �J W I `'' imp co cq � I N S AV 1S an ------- 'S-AV1S1�-- N k� N xe„ a 3; o 9, LO o QI y �{ a NZ n, + G6 4W o' J� s I Ms rn �— r 0 co c p C w -- �� O C -- r a E 04-- CUs 'm 00) NC4 d > o CC _ 01� O �� �1 a O T H � !C O.s O0 ice+M ¢ WUU)NW N Q) LL -- N r JL ami o.5 ocn EE 0:Uc/)1 W71 N� CIO 0 0 U 0 � m 9 .0 9 ■C* Y I N cc m LL m ca i CL L 4) U) - 0 o o L t7 U m > O N ami ao > m C� d ` (� w CL_ = v N � v N •� O rn m m r CL ` V � Q C 4)r C E 2 O) 1Q O W C) U) U) U) m E NDN Z L� I `'' imp co cq � I N S AV 1S an ------- 'S-AV1S1�-- N k� N xe„ a 3; o 9, LO o QI y �{ a NZ n, + G6 4W o' J� s I Ms rn �— r 0 co c p C w -- �� O C -- r a E 04-- CUs 'm 00) NC4 d > o CC _ 01� O �� �1 a O T H � !C O.s O0 ice+M ¢ WUU)NW N Q) LL -- N r JL ami o.5 ocn EE 0:Uc/)1 W71 N� CIO 0 0 U 0 � m 9 .0 9 ■C* Y I r 725 _ Z c 0 C S N 3 y mCU U) o L- ew 4)> O N N ao W d > m 0 V C �Q A/ U y v �, Y O u4 �i d N N ci d Ndd LU 05 O J .A CcLU V L L a Cl. m CL I i 1t� k M 1 C4 ac d p N � 0UUNm e w (�� O co SAIV 1St S SL - C o c c L til l � c a L4 �a t= n a E -c CAMPUS OR K O p a i woor90 e COUNCIL MEETING DATE: June 19, 2007 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: (File No. 06 -105688 -00 -UP) Proposed amendments to the text of Federal Way City Code (FWCC) Chapter 22, "Zoning," including Article VI, Division 7, "Community Business (BC)"; Division 10, "Business Park (BP)/"Commercial Enterprise"(CE); and other related codes. Key changes include allowing a broad mix of retail, office and commercial uses in the new CE zone, in addition to industrial and other uses previously allowed in the BP zone, except senior housing; emphasizing mixed-use residential and related compatible uses in BC by increasing height and density requirements; redirecting intense uses such as bulk retail, truck stops, and adult entertainment, from BC to CE; restricting industrial uses on property that adjoins low or medium density residential; increasing height for motels/hotels in BC, CE, and correspondingly, in CC -F; amending parking for medical/dental offices; and other amendments. POLICY QUESTION: Should the City approve text amendments to Chapter 22, "Zoning", regarding the Commercial Enterprise (CE)/previous Business Park (BP) and Community Business (BC) zoning districts, and other related codes, in order to implement and support the related comprehensive plan goals and policies as set forth in the 2006 comprehensive plan amendments (File No. 05 -103609 -00 -UP) and the attached Draft Adoption Ordinance? COMMITTEE: Land Use/Transportation Committee (LUTC) MEETING DATE: May 21, 2007 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Senior Planner Lori Michaelson._....z_..._ AICP DEPT: Community Development — --- — -- __ _ - --� The principal purpose of the proposed zoning amendments (and related comprehensive plan amendments) is to address City Council direction to make the Business Park (BP) zone more responsive to market conditions favoring retail and other commercial development. The proposed amendments are consistent with the approach reviewed and preferred by the LUTC at their November 20, 2006 meeting. The Planning Commission conducted public hearings on the proposal on March 14, 2007, March 21, 2007, and April 17, 2007. Following the hearing, the commissioners supported all aspects of the proposal, except not allowing residential use in the CE zone, and three of the four commissioners present voted to recommend adoption. However, the motion failed by one vote, because the code requires a unanimous vote of the entire membership, or four votes, to pass an adoption recommendation. The commissioners also discussed, but did not concur on a proposed modification to allow mixed-use residential in portions of the CE zone. Therefore, the proposal as recommended by staff has been forwarded to LUTC without the planning commission's formal recommendation. See the staff memorandum and other attachments for additional information. Attachments: May 21, 2007 Staff Memorandum to LUTC; Adoption Ordinance; Proposed Text Amendments; Planning Commission Staff Report; Letters Submitted; and Minutes of the Planning Commission hearings. Doc. I.D. 40642 Options Considered: 1) Adopt the proposal as recommended by staff and attached as Exhibit A to the Adoption Ordinance; 2) Adopt the proposal with modifications by the LUTC; and 3) Do not adopt the amendments. STAFF RECOMMENDATION: Staff recommends Option #1: Adopt the proposal as recommended by staff and attached as Exhibit A to the Adoption Ordinance. CITY MANAGER APPROVAL: to Council DIRECTOR APPROVAL: COMMITTEE RECOMMENDATION: Forward the Ordinance to full Council on to Cornrnittec To Council for approval. Jack Dovey, Chair Dean McColgan, Member Linda Kochmar, Member PROPOSED LUTC MOTION: "I move to recommend approval of the staff recommendation to approve the zoning code text amendments, which are attached as Exhibit A to the Adoption Ordinance. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 Doc. I.D. 40642 Enactment reading ORDINANCE # RESOLUTION # CIT Federal Way MEMORANDUM May 21, 2007 TO: Land Use/Transportation Committee (LUTC) FR: Lori Michaelson, Senior Planner Kathy McClung, Director of Community Development Services VIA: Neal Beets, City Manager RE: Business Park (BP)/Commercial Enterprise (CE)/Community Business (BC) - Zoning Text Amendments (City File No. 06 -105688 -00 -UP; Related File Nos. 07 -100576 -00 - SE; 05 -103610 -00 -SE; 05 -103609 -00 -UP) The above referenced proposal is scheduled for LUTC review and recommendation on May 21, 2007. This memo provides a brief background and summary of the proposal. For detailed information on the proposal, please refer to the attachments listed below. PLANNING COMMISSION PUBLIC HEARING AND ACTION The planning commission public hearing on the proposal was conducted on March 14, 2007; March 21, 2007; and April 18, 2007. At the close of the hearing, the commissioners deliberated, but did not reach consensus on a recommendation, in accordance with FWCC 22-539(a). Four of the total seven members were present, and three voted to recommend adoption of the proposal. However, the motion failed, as it lacked the code -required majority vote of the entire membership, or four votes. Also, the commissioners discussed, but did not concur, on a modification to allow mixed-use residential in portions of the CE zone. They also did not raise or discuss a recommendation to not adopt the proposal. Therefore, per code, the proposal was forwarded to the City Council with no recommendation by the Planning Commission. WRITTEN COMMENTS Written comments and public testimony received on the proposal are attached. There are no unaddressed concerns, except those of Mr. Jesse Cherian, of ST Fabrication, Inc. ST Fabrication is an existing steel fabrication plant on property that is proposed to be rezoned from Business Park (BP) to Commercial Enterprise (CE). The property is located south of South 356`h Street, west of SR -161, east of SR -99, and is bounded by RS -15.0 zoning to the south. Under the proposed amendments, ST Fabrication would become nonconforming as to its location, because industrial uses would not be allowed on property that adjoins a low or medium density residential zone (including RS -15.0). Mr. Cherian would like to see mixed-use residential allowed on his property, such as is allowed in the Community Business zone, in order to facilitate his redevelopment concept. As noted above, the Planning Commission discussed but did not agree on a modification to address this concern. Staff met with Mr. Cherian, discussed his options, and recommended that he apply for a comprehensive plan amendment and rezone, in order to allow a thorough staff analysis and recommendation on the land use and other impacts related to his request. However, staff is prepared to respond to any Council direction on this matter. Doc. I.D. 40583 PURPOSE OF AMENDMENTS The amendments will address City Council direction to make the Business Park (BP) zone more responsive to market conditions favoring retail and other development. Council direction's based on a consistently low demand for industrial development and high demand for retail and other development, as reflected in a large number of requests to rezone BP -zoned property so as to allow such uses. The 2005 Federal Way Comprehensive Plan (FWCP) Economic Development chapter noted this concern, and the July 2000 Market Analysis showed that the City is significantly oversupplied with industrial -zoned property relative to its 20 -year demand forecast. The Puget Sound Regional Council has reported a widespread shift away from the manufacturing sector, and toward the retail sales and services sector, and manufacturing uses tend to locate in regional centers such as the Kent Valley and the Port of Tacoma, and not in urbanized areas. The updated comprehensive plan policies will address these and related concerns, as noted below, and the policies will be implemented through the proposed zoning text amendments. POLICY DIRECTION FOR AMENDMENTS Following is a brief summary of the 2006 updated comprehensive plan "visions" for Commercial Enterprise (CE) and Community Business (BC), and how they are implemented in the proposed zoning. Commercial Enterprise (CE) is intended to capture demand for a diverse mix of retail, commercial, office, and industrial uses arrayed in high quality and well integrated developments. New uses would include retail sales services, restaurants, day care facilities, vehicle service stations, car washes, truck stops, bulk retail, and other compatible uses. Like the previous BP zone, CE would "remain" the sole industrial -use zone in the City. Residential uses are not contemplated in CE, due to incompatibility with industrial, bulk retail, adult entertainment, gambling, and other intensive uses. Community Business (BC) continues to contemplate a broad array of uses, including general, specialty, and service retail (including auto -oriented retail); commercial; office; and mixed-use commercial/residential. However, an increase emphasis is placed on mixed-use commercial/residential, and this is implemented through code amendments such as increasing height and density for these uses; emphasizing uses that are compatible with a residential population, and no longer allowing uses that are not compatible, such as truck stops, transfer stations, bulk retail, and adult entertainment. PRINCIPAL AMENDMENTS Summarized below are the key features of the amendments related to the Commercial Enterprise (CE) and Community Business (BC) zoning districts. Other substantive amendments apply to other portions of the zoning code. Please refer to the draft ordinance and attachments for the complete proposal. COMMERCIAL ENTERPRISE (CE) The CE zone will allow a broad range of retail sales, services, commercial, and office uses, that were not previously allowed (in BP); including general and specialty retail, day care facilities, restaurants, bulk retail, vehicle sales/service/repair, vehicle service stations, car washes, truck stops, adult entertainment, and gambling uses; in addition to industrial and other uses that were previously allowed (in BP); "Industrial" uses, as defined (manufacturing, warehousing, fabrication, assembly, gravel batch plant, transfer station, etc.) are not allowed on property that adjoins a low or medium density residential zone, to ensure appropriate use separation; Doc. I.D. 40583 • Residential uses are not allowed, consistent with the CE designation in the comprehensive plan. Although senior housing was previously allowed (in BP), this change will not make any existing senior housing projects nonconforming, so long as "Mitchell Place" is rezoned to multiple family residential as proposed; • "Base height" for hotels/motels is increased from 40 feet (in the previous BP zone), to 45 feet., with the ability to modify height to 55 feet (the same as other uses were afforded in the previous BP zone). The base height increase will allow one or two more floors while not competing with hotel heights in the City Center, provided a corresponding height increase for hotels in City Center Frame is adopted; • Minimum lot size only applies to industrial uses, which must have 1.5 acres, and the most intensive industrial uses, which must have 5 acres. (The previous BP zone applied a 1.5 - acre minimum lot size to all uses and 5 acres for heavy industrial.) • Other site design and development regulations, such as setbacks and buffers were reduced, and made more use -specific; except in all cases, the existing 20 -foot setback and 30 foot height limit adjacent to residential zones is retained. COMMUNITY BUSINESS (BC) • The BC zone continues to allow the existing predominant mix of retail (including auto - oriented retail) and commercial uses, with increased emphasis on mixed-use commercial/residential; • The "base" height for hotels/motels is increased from 35 feet to 45 feet, modifiable to 55 feet (same as for CE as noted above). Also, the "base" height for mixed use commercial/residential is increased from 35 feet to 55 feet, and the modifiable height is increased from 55 feet to 65 feet. • The density cap for mixed use commercial/residential is increased from 18 dwelling units per acres to 22 dwelling units per acre, in proportion to the height increase. • The decision process and criteria for height modifications are simplified and clarified. • Truck stops, transfer stations, bulk retail, and adult entertainment are "redirected" to CE (resulting in no known nonconforming uses); • "Manufacturing and production, limited" is a permitted use, as defined; the purpose of which is to allow compatible small-scale manufacturing and production operations, such as jewelry, ceramic goods, apparel, specialty foods, etc., in conjunction with retail sales; • Vehicle and boat body repair and painting is permitted as a principal use, instead of only as an accessory to new car sales, as previously required. ATTACHMENTS AND RELATED MATERIALS Attached are the Draft Adoption Ordinance; final draft code amendments (Exhibit A) Planning Commission Staff Report (Exhibit B), Written comments (Exhibit C), and Planning Commission public hearing meeting minutes (Exhibit D). Doc. I.D. 40583 CITY OF FEDERAL WAY ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING TEXT AMENDMENTS TO THE FEDERAL WAY CITY CODE, CHAPTER 22, "ZONING," FOR PURPOSES OF IMPLEMENTING THE 2006 COMPREHENSIVE PLAN GOALS AND POLICIES RELATIVE TO THE COMMERCIAL ENTERPRISE (CE) ZONE; COMMUNITY BUSINESS (BC) ZONE; AND OTHER AMENDMENTS; INCLUDING REPEALING THE TITLE AND DEVELOPMENT REGULATIONS FOR ARTICLE XI, DIVISION 10, "BUSINESS PARK (BP)", AND REPLACING IT WITH "COMMERCIAL ENTERPRISE (CE)" AND RELATED DEVELOPMENT REGULATIONS, INCLUDING PERMITTED USES, REVIEW PROCESSES, HEIGHT, SETBACKS, LOT SIZE, AND OTHER BUILDING AND SITE DESIGN STANDARDS; INCREASING HEIGHT FOR HOTELIMOTEL USES IN CE, BC AND CITY CENTER -FRAME (CC -F); AMENDING ALLOWED USES AND CERTAIN DEVELOPMENT STANDARDS IN BC, INCLUDING INCREASED HEIGHT AND DENSITY, AND REDUCED OPEN SPACE STANDARDS, FOR MIXED-USE RESIDENTIAL; AMENDING THE PROCESS AND DECISION CRITERIA FOR ADMINISTRATIVE HEIGHT MODIFICATIONS; AMENDING REQUIRED PARKING FOR MEDICAL/DENTAL OFFICES IN ALL ZONES ALLOWING SUCH USES; AND OTHER RELATED AND MISCELLANEOUS AMENDMENTS; AFFECTING ARTICLE 1, SEC. 22-1, "DEFINITIONS"; ARTICLE IV, "NONCONFORMANCES"; ARTICLE XI, DIV. 7 "COMMUNITY BUSINESS"; DIV. 8, "CITY CENTER -CORE AND CITY CENTER -FRAME"; ARTICLE X, "TEMPORARY USES"; ARTICLE XI, "DISTRICT REGULATIONS"; ARTICLE XIII, "SUPPLEMENTARY DISTRICT REGULATIONS"; ARTICLE XVI, "IMPROVEMENTS"; ARTICLE XVH, "LANDSCAPING"; AND ARTICLE XIX, "COMMUNITY DESIGN GUIDELINES". WHEREAS, amendments to the Federal Way City Code (FWCC) text are authorized pursuant to FWCC Section 22-216 pursuant to Process VI review; and WHEREAS, the City of Federal Way City Council has considered the proposed text amendments to the FWCC, attached hereto as Exhibit A and incorporated by this reference, ("Proposal") affecting the use and development regulations and standards for the Business Park (BP)/Commercial Enterprise (CE), Community Business (BC), City Center -Core (CC -C) and City Center Frame (CC -F) zoning districts, and affecting medical/dental office parking for all zoning districts where such uses are permitted; WHEREAS, the Federal Way City Council, pursuant to FWCC Section 22-517, having determined the Proposal to be worthy of legislative consideration, referred the Proposal to the Federal Way Planning Doc. I.D. 40640 Commission for its review and recommendation; and WHEREAS, an environmental Determination of Nonsignificance (DNS) was issued for the Proposal on February 20, 2007, and no comments or appeals were received and the DNS was finalized on March 19, 2007; and WHEREAS, the Federal Way Planning Commission, having considered the Proposal at Public Hearings on March 14, 2007; March 21, 2007; and April 19, 2007; pursuant to FWCC Section 22-534, and all public notice having been given pursuant to FWCC Section 22-521; and WHEREAS, following the public hearing, the Planning Commission forwarded the Proposal to the City Council without a recommendation; and WHEREAS, the City Council Federal Way Land Use/Transportation Committee, on May 21, 2007, and June 4, 2007, considered the Proposal and moved to forward a recommendation of approval to the Full City Council; and WHEREAS, the City Council considered the Proposal at its June 19, 2007, meeting; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the Proposal: A. The 2006 Federal Way Comprehensive Plan (FWCP) establishes the vision, goals, and policies for the "Commercial Enterprise" (CE) designation, replacing the former "Business Park" (BP) designation, and envisioning CE as an area intended to "...capture the demand for a diverse mix of industrial, office, and retail sales and services, arranged in well integrated, high quality developments. Housing is not contemplated by this designation, as it is incompatible with the predominant uses and character of the area, i.e., bulk and big box retail, manufacturing, warehousing, and related impacts such as building bulk and scale, oversized commercial vehicle traffic, and outdoor storage;" B. The 2006 Federal Way Comprehensive Plan (FWCP) updates the vision, goals, and policies for the "Community Business (BC)" designation, in order to "allow a broad mix of uses, including general, Doc. I.D. 40640 specialty, and service retail; commercial; office, mixed use residential; compatible light manufacturing, and supportive uses"...in... low-rise to mid -rise, high quality development that includes a vibrant and compatible mix of well integrated and designed pedestrian -oriented and auto -oriented uses;" C. The Proposal will implement the 2006 Federal Way Comprehensive Plan (FWCP) in the City's zoning ordinance relative to the Commercial Enterprise (CE) and Community Business (BC) zoning districts, and related development regulations, by allowing or encouraging uses and development that foster or promote the applicable goals and policies, and by disallowing or discouraging those that do not; D. The Proposal will implement FWCP goals and policies for the CE zone by continuing to allow industrial uses in appropriate locations in CE (and in no other zone), and continuing to allow other previous and appropriate BP uses, while integrating a broad mix of retail sales, services, office, commercial, and other compatible uses, such as gas stations, car washes, and day care facilities; and certain intensive uses whose impacts are more compatible in CE (than in BC), including bulk retail, trucks stops, transfer stations, adult entertainment, and gambling uses; and by no longer allowing senior housing, as residential use is incompatible with the predominant uses and character of the City's industrial -use zone (while housing in many forms continues to be allowed and encouraged in all of the City's commercial zones); and by establishing appropriate development regulations for such uses; E. The Proposal will help implement FWCP goals and policies for the BC zone by generally maintaining the existing mix of allowed uses, while mixed-use commercial/residential is further emphasized through measures such as increasing height and density and by reducing open space requirements for such uses; by allowing compatible, small-scale, retail oriented manufacturing; and by ceasing to allow intensive uses that are incompatible in mixed-use residential areas, including truck stops, transfer stations, bulk retail, adult entertainment, and gambling. F. The Proposal will address concerns raised by the development community by a minor increase in allowed height for motels/hotels in the CE and BC zones, while a related height increase for hotels in the City Center -Frame will retaining a competitive height advantage to ensure taller hotels in the City Center as contemplated by the FWCP; Doc. I.D. 40640 G. Establishing a different and higher parking ratio for medical/dental offices, than for general offices, will address on a city-wide basis a consistently higher parking demand for such uses; H. The proposed amendments related to minimum lot size, setbacks, and other site and building design standards, such as community design guidelines, landscaping, outdoor storage, and height modification decision criteria, will update and clarify zoning regulations and help ensure integration and compatibility between uses and the quality of the built environment; and I. The proposed minor amendments, such as relaxing the height modification review process, clarifying or simplifying text where possible, correcting errors, codifying previous interpretations, and reformatting, will help improve the efficiency of the zoning code and the development review process; Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposal: 1. The proposed amendments are consistent with, and substantially implement, the following key goals and policies contained in the 2006 Federal Way Comprehensive Plan: LUG] Improve the appearance and function of the built environment. LUN Maximize efficiency of the development review process. LUPII Support the continuation of a strong residential community. LUP13 Distribute park and recreational opportunities equitably throughout the City. LUGS Preserve and protect Federal Way's single-family neighborhoods. LUP15 Protect residential areas from impacts of adjacent non-residential uses. LUG6 Transform Community Business areas into vital, attractive areas with a mix of uses that appeals to pedestrians, motorists, and residents, and enhances the community's image. L UG4 Provide a wide range of housing types and densities commensurate with the community's needs and preferences. LUP25 Encourage the establishment of street patterns and amenities that encourage walking, bicycling, and transit use. Doc. I.D. 40640 LUP28 Provide for a mix of commercial and residential uses in non -industrial commercial areas. LUP29 Use Community Design Guidelines to promote common open space, public art, and plazas in commercial and office developments. LUP30 Ensure compatibility between non-residential developments and residential zones by regulating height, scale, setbacks, and buffers. LUP31 Use Community Design Guidelines to encourage quality design and pedestrian and vehicle circulation in office, commercial, and commercial enterprise developments. LUP32 Use Community Design Guidelines to encourage commercial development to locate along street edge (where deemed appropriate) to provide pedestrian street access. Provide pedestrian access between developments and to transit stations. LUGS Develop a quality commercial enterprise environment characterized by a viable, vibrant, and attractive mix of commercial, retail, office, and industrial developments, and supportive services. LUP35 Allow a broad and range of commercial, retail, office, industrial, and supportive uses to meet the needs of workers and consumers in well integrated, well functioning, high quality developments. LUP30 Encourage compatibility between mixed-use developments and residential zones by regulating height, scale, setbacks, and buffers. L UP36 Require development to be compatible and well integrated into its surroundings and adjacent uses through site and building design and development standards that reduce or eliminate land use conflicts, nuisance impacts, or critical areas impacts; ensure project aesthetics; promote sharing of public facilities and services, and improve vehicular and pedestrian traffic flow and safety, including access control and off-street interconnectivity between adjoining properties where feasible. L UP37 Allow general and specialty retail uses that serve the needs of people employed in the local area, as well as "destination" retail and wholesale businesses that may serve a broader consumer base vis-a-vis the area's convenient access to Interstate 5 and Highway 18. LUP38 Encourage transformation of the Pacific Highway (SR -99) Community Business corridors into quality retail/commercial mixed use areas, designed to integrate auto, pedestrian, and transit circulation, and to improve traffic flow and safety, including access control and off-street interconnectivity between adjoining properties where feasible. Continue to utilize Community Design Guidelines to ensure quality site and building design and functional and aesthetic compatibility between uses. Integration of pedestrian amenities and open space into retail and office development should also be encouraged. Doc. I.D. 40640 LUP39 Encourage a range of pedestrian -oriented retail, while continuing to accommodate auto -oriented retail, and provide supportive uses to meet the needs of residents and employees in the area. EDGI The City will emphasize redevelopment that transforms the City from a suburban bedroom community to a full-service community with an urban core. EDG2 The City will encourage concentration of non-residential development into four primary areas: -High-density mixed-use development in the City Center (312'h and 320'h, SR -99 to I-5) -A mix of commercial, office, retail, and light industrial development in the area around 348h and SR -99 and around the I-5/SR 18 interchanges -High-quality office park development, including corporate headquarters, continued in and around West Campus -High-quality office development, including corporate headquarters in a park -like campus setting east of I-5 EDPI S The City will continue to utilize design guidelines to enhance the urban environment to retain and attract businesses and residents. 2. The proposed amendments bear a substantial relationship to public health, safety, or welfare; The proposed FWCC text amendments will improve the market responsiveness of the Business Park/Commercial Enterprise zone; increase development opportunities for certain uses, including mixed-use commercial/residential in Community Business; retail sales, services, offices and related uses in BP/CE; and hotels -motels in both zones; ensure integration and compatibility of uses through site and building design standards; protect residential uses and zones from incompatible uses; and implement the 2006 comprehensive plan amendments; which will have a direct relationship to public health, safety, and welfare. And 3. The proposed amendment is in the best interest of the residents of the city. The proposed FWCC text amendments will help revitalize the Business Park/Commercial Enterprise area of the City by expanding the mix of allowed uses allowed in CE, beyond those previously allowed in BP, in order to implement the updated vision for this area of the City; by adding a range of retail, office and commercial uses, for which there is ongoing high demand, to the mix of industrial uses for which there is ongoing low demand. It will also promote co -location of housing with commercial development in BC; expand support services in employment areas; increase pedestrian uses and amenities; and improve the quality and function of the built environment; which is in the best interest of the residents of the City. Section 3. Amendment. The City Council hereby amends FWCC Chapter 22 as set forth in the attached Exhibit A. Doc. I.D. 40640 Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of the ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on the day of , 2007. APPROVED Mayor, Michael Park ATTEST: City Clerk, Laura Hathaway, CMC APPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO: Doc. I.D. 40640 Exhibit A PROPOSED TEXT AMENDMENTS TO FEDERAL WAY CITY CODE (FWCC) CHAPTER 229 "ZONING" Contains the following amended codes (in relevant part): • Article XI, Division 10, "Business Park (BP)" • Article XI, Division 10, "Commercial Enterprise (CE)" • Article XI, Division 7, "Community Business (BC)" • Article I, "Definitions" • Article X, "Temporary Uses" • Article XI, "District Regulations" • Article XII, "Supplementary District Regulations" • Article XIX, "Community Design Guidelines" • Article XVI, "Improvements" • Article XVII, "Landscaping" • Article XVIII, "Signs" • Article XI, Division 10, Sec. 22-808, "Hotel, convention, trade center" • Article XI, Division 5, Sec. 22-696, "Office Use" • Article XI, Division 6, Sec. 22-721, "Office/Retail" • Article XI, Division 8, Sec. 22-791, "Office Use" • Article XI, Division 8, Sec. 22-803, "Office Use" • Article XI, Division 9, Sec. 22-803 "Office Use" Doc. I.D. 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N o C 'lu01,q d n f a �. ,a � U O ozis 107u o y b a � H Z q m CT N1 Nl R CI' s93301d Mainag N oCa pannbag C N N N N I 1 I I SNOIJLd- OH-dn �20 b o 0.2 0,2yr y N N N N H cn O E '2 0. 3 m w W D0D (DRAFT 5/21/07) FEDERAL WAY CITY CODE (FWCQ Chapter 22, Article I Definitions (in relevant part) 22-1 Definitions. Big bt+* retail means lafge seale retail that eeetipies fnere than 50,000 squafe feet and derives their - profit ffem high salesvelumes. Commercial use means the uses allowed in the commercial zones and the non -industrial uses allowed in the commercial enterprise zone and not permitted in any other zones of the city. Industrial use means the uses allowed only in the dial CE zones as listed in FWCC §22-861 through 422-864 and net peffaittedin any other- zone Industrial -commercial zones means the lP CE zoning district. Manufacturing and production, general, means establishments engaged in the mechanical or chemical transformation of materials or substances into new products including the assembling of component parts, the creation of products, and the blending of materials such as oils plastics resins or liquors, and is typically carried on for the wholesale market. Manufacturing and production, limited, means retail establishments engaged in the small-scale manufacture, production, and on site sales of custom goods and products. This classification includes uses such as ceramic studios; candle making shops; custom jewelry manufacturing; woodworking and cabinet making; manufacturiniz of specialized orthopedic appliances such as artificial limbs or braces,• dental appliances such as bridges, dentures, and crowns; production of goods from finished materials such as wood metal paper, glass leather, and textiles; and production of specialized food products such as caterers, bakeries, candy stores, microbe weries, and beverage bottlers. These uses are distinguished from "manufacturing and production, general" by a predominant use of hand tools or domestic mechanical equipment, limited number of employees, limited sales volume limited truck deliveries little or no outdoor storage= typical retail hours of operation and an obvious retail storefront with a public entrance that is in scale with the overall building and oriented to the right-of-way. (Ord. No. 90-43, § 2(3.10), 2-27-90; Ord. No. 90-51, §§ 1, 2, 3-27-90; Ord. No. 91-87, §§ 2 - 4, 2-5-91; Ord. No. 91-92, § 4,4-16-91; Ord. No. 91-100, § 4, 6-4-91; Ord. No. 91-105, § 3, 8-20-91; Ord. No. 91-113, § 3,12-3-91; Ord. No. 94-223 § 3(A), 10-18-94; Ord. No. 95-245, § 3(A), 11-21-95; Ord. No. 96-269, § 3, 6-18-96; Ord. No. 96-270, § 3(A), 7-2-96; Ord. No. 97-295, § 3, 5-20-97; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 97-296, § 3, 6-17-97; Ord. No. 97-300, § 3, 9-16-97; Ord. No. 97-307, § 3, 12-16-97; Ord. No. 99-337, § 2, 3-2-99; Ord. No. 99-348, § 2, 9-7-99; Ord. No. 99-353, § 3, 11-16-99; Ord. No. 99-357, § 3, 12- 7-99; Ord. No. 00-363, § 2, 1-4-00; Ord. No. 01-385, § 3, 4-3-01; Ord. No. 02-424, § 3, 9-17-02; Ord. No. 03-443, § 3, 5-20-03; Ord. No. 04-457, § 3, 2-3-04; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 05-506, § 3, 10-18-05; Ord. No. 06-515, § 3, 2-7-06; Ord. No. 06-533, § 5(Exh. A), 9-19-06) KALorABP-BC Code Revisions 2006\LUTC File (post-hearing)\Final Drafi Code Changcs\Article I Definitions.doc (DRAFT 5/21/07) FEDERAL WAY CITY CODE (FW CC) Chapter 22, Article X Temporary Uses (in relevant part) 22-555 Exceptions to permit requirement. The following temporary uses may be conducted in commercial and industrial -commercial zones, and are exempt from the requirements of this article: (1) Christmas tree lots which exist for no more than 30 days in every 365 days. (2) Parking lot sales which are ancillary to the indoor sale of the same goods, amusement rides, carnivals and circuses, which exist for no more than seven days in every 180 days. (Ord. No. 90-43, § 2(127.45), 2-27-90; Ord. No. 94-209, § 3, 3-15-94) KALorABP-BC Code Revisions 2006\LUTC File (post-hearing)\Final Draft Code Changes\Article X (22-555).doc 22-751 22-752 22-753 22-754 22-755 22-756 22-757 22-758 22-759 22-760 22-761 22-762 22-763 (DRAFT 5121/07) FEDERAL WAY CITY CODE (FWCQ Chapter 22, Article XI District Regulations (in relevant part) Division 7. Community Business (BC) Office/retail. Hulk retail War-ehouse and stor- Entertainment — generally. . Vehicle and equipment sales, service, repair — self service storage. Vehiele and equipment sales, ser -Wee, repair- and rental Commer-eial vehieleffteili and Schools — day care facilities — churches — animal kennels. Sehools Day eare-€ueilities--Chur-ehes. Multi -unit housing. Multi unit housing. Hotel or motel. Hotel o-- motel. Hospital facilities — Convalescent centers — Nursing homes. homes. Senior citizen, special needs housing. Group homes. Social service transitional housing. Government facility. Personal wireless service facility. Adult entertainment, activity, retail, or use (adult uses). 22-764 — 22-790 Reserved. Division 10. Business Pte) Commercial Enterprise (CE) 22-861 . Manufacturing anufacturing — fabrication — assembly. 22-862 FhotegFaphie, . Warehouse — Distribution — Storage facilities — Truck stops — Automotive emissions testing. 22-863 UwAtedindustrial uses Hazardous waste treatment Storage Chemiefil manufaetur-ing Gravel bateh plant Lumber- material yaFd Rentalofheavy equipment Commercial photography — Communications — Product testing — Industrial laundry facilities. 22-864 . Hazardous waste treatment and storage — Chemical manufacturing — Gravel batch plant — Transfer station. 22-865 c6Mnmereialr-eereation— Voe-ational��ehoels: Vehicle, boat, and equipment sales, rental, service, repair — Self service storage — Tow and taxi lots. 22-866 Limited retail. Retail — Bulk retail. 22-867 Restaur-ants Retail, general and specialty — Limited manufacturing and production. 22-868 Hotel; Office uses. 22-869 . Hotel — Motel. 22-870 Government fneility. Business, vocational, trade schools — Day care facilties. 22-871 . Entertainment — Generally. KALor19P-BC Code Revisions 2006\LUTC File (post-hearing)\Final Draft Code Changes\Article XI (22-571).doc 22-872 Entrainment — Adult entertainment, activity, retail, or use (adult uses). 22-873 Government facilities. 22-874 Personal wireless service facility. 22-571 Categories enumerated. The city is divided into the following zoning classification categories with the abbreviations shown: (8) Office park zone OP (OP -1 — OP -4) (9) Basness park Commercial enterprise 1R CE zone (10) Planned areas PA (followed by a designation indicating which planned area) (11) Corporate park zone CP -1 (Ord. No. 90-43, § 2(5.25), 2-27-90; Ord. No. 96-270, § 3(B), 7-2-96) K:\Lon'\BP-BC Code Revisions 2006\LUTC File (post-hearing)\Final Draft Code Changes\Article XI (22-571).doc Zoning Category Symbol (1) Suburban estate zones SE (2) Single-family residential zones RS (followed by a designation indicating minimum lot size per dwelling unit) (3) Multifamily residential zones RM (followed by a designation indicating minimum lot size per dwelling unit) (4) Professional office zones PO (5) Neighborhood business zones BN (6) Community business zones BC (7) City center core and city center frame CC -C and CC -F zone (8) Office park zone OP (OP -1 — OP -4) (9) Basness park Commercial enterprise 1R CE zone (10) Planned areas PA (followed by a designation indicating which planned area) (11) Corporate park zone CP -1 (Ord. No. 90-43, § 2(5.25), 2-27-90; Ord. No. 96-270, § 3(B), 7-2-96) K:\Lon'\BP-BC Code Revisions 2006\LUTC File (post-hearing)\Final Draft Code Changes\Article XI (22-571).doc (DRAFT 512110 7) FEDERAL WAY CITY CODE (FWCQ Chapter 22, Article XIII Supplementary District Regulations (in relevant part) 22-1113 Commercial and industrial uses. (a) Generally. Subject to the requirements of subsections (b) through (g) of this section, the uses and activities that are permitted on a site under this chapter may be conducted out of doors unless otherwise regulated or prohibited by this chapter. (b) Site plan. The applicant shall submit, for approval to the department of community development, a site plan drawn to scale showing and describing the following items: (1) Locations and dimensions of all structures and fences on the subject property. (2) Locations and dimensions of all parking and driving areas on the subject property. (3) Locations and dimensions of all existing and proposed outdoor use, activity or storage areas on the subject property. (4) Locations and description of all existing and proposed landscaping an-bu on the subject property. (5) The nature of the outdoor use, activity or storage, including a detailed description of all items proposed to be stored outdoors. (6) The intended duration of the outdoor use, activity or storage. (c) Specific use and development requirements. The city will administratively review and either approve or deny any application for outdoor use, activity and storage based on the following standards: (1) All outdoor use, activity and storage areas must comply with required buffers for the primary use. (2) A minimum six -foot -high solid screening fence or other appropriate architectural screening, or combination of architectural and landscape features approved by the director of community development is required around the outside edges of the area devoted to the outdoor use, activity or .storage. (3) Outdoor use, activity or storage areas located adjoining residential zones or permitted residential uses may not be located in the required yards adjoining the residential use or zone. (4) If the outdoor storage area is surrounded on all sides by the industrial -commercial zones, then the height of the outdoor storage shall not exceed the height of the primary structure on the subject property. In all other cases, the height of items stored outdoors shall not exceed six feet above finished grade. (5) The outdoor use, activity or storage area may not inhibit safe vehicular and pedestrian movement to, from and on the subject property. (d) Exceptions to outdoor use, activity or storage. The following outdoor uses and activities, when located in commercial and industrial -commercial zones, are exempt from the requirement of subsections (b) and (c) of this section, provided that the use, activity or storage shall not inhibit safe vehicular and pedestrian movement to, from and on the subject property: (1) Outdoor Christmas tree lots if these uses will not operate more than 30 days in any year. (2) Outdoor amusement rides, carnivals and circuses and parking lot sales which are accessory to the indoor sale of the same goods and services if these uses will not operate more than seven days in any six-month period. (3) Outdoor dining and refreshment areas, including espresso carts. (4) Outdoor display of vehicles for sale or lease; provided that the display area complies with the par -king are rights -ef way -requirements -in- FWC-C 22 1 47{e) all other applicable KALori\BP-BC Code Revisions 2006\LUTC File (post-hearingffinal Drah Code Changes\Anicle XIII Supplementary(outdoor stomge).doc Page l requirements of this chapter. (5) Year-round outdoor sales and storage of lawn and garden stock, which are accessory to the indoor sale of the same goods and services, provided that the use does not include outdoor play equipment, storage sheds, furniture or mechanical equipment. (6) Outdoor accessory sales area(s) adjacent to the entrance of the primary structure, if such area is fully covered by a pedestrian -height awning canopy, roof overhang or similar feature, that is permanently attached to the primary structure,• and all of the following criteria are met: (a) the area maintains a five-foot wide unobstructed pedestrian pathway to the building entrance, and in no way blocks any required ingress/egress; (b) sale items are displayed only during normal business hours; (c) no coin operated vending machines or similar items are displayed- (d) the area complies with subparagraphs (c)(1) (c)(3) and (c)(5) above; and (e) the area complies with all fire building and zoning requirements. (e) Gross floor area. For the purpose of this chapter, an outdoor use, activity or storage area will be used in calculating the gross floor area of a use or development if this area will be used for outdoor use, activity or storage for at least two months out of every year excluding uses under (d ,above. (f) Improvements. If the outdoor use, activity or storage is located on an unimproved area of the site, the underlying ground must be improved as required by the departments of public works and community development. (g) Modification. The applicant may request a modification of the requirements of subsection (c) of this section. This request will be reviewed and decided upon under process H. The city may approve the modification if: (1) The modification will not create a greater impact on any nearby residential use than would be created without the modification. (2) The modification will not detract from the character of any use. (3) The modification will not be injurious to public health, safety or welfare. (Ord. No. 90-43, § 2(115.105(3)), 2-27-90; Ord. No. 96-270, § 3(C), 7-2-96) 22-1114 — 22-1130 Reserved. 22-1133 Structures and improvements. No improvement or structure may be in a required yard except as follows: (1) A driveway and/or parking area subject to the standards of FWCC 22-1135. (2) Any improvement or structure, other than a driveway and/or parking area, that is not more than four inches above finished grade may be anywhere in a required setback yard. (3) An improvement or structure, that is not more than 18 inches above finished grade may extend not more than five feet into a required yard. (4) Chimneys, bay windows, greenhouse windows, eaves, awnings and similar elements of a structure that customarily extend beyond the exterior walls of a structure may extend up to 18 inches into any required yard. The total horizontal dimension of the elements that extend into a required yard, excluding eaves, may not exceed 25 percent of the length of the facade of the structure from which the elements extend. (5) Fences and railings not over six feet in height may be located in required yards subject to the fence regulations contained within this article. (6) Rockeries and retaining walls may be located in required yards if: a. The rockery or retaining wall is not being used as a direct structural support for a major improvement; and b. The rockery or retaining wall is reasonably necessary to provide support to a cut or slope. (7) Signs may be located in required yards subject to provisions of FWCC 22-1596 et seq. (8) Covered walkways, no more than eight feet wide and 10 feet above finished grade and open along the sides, are permitted in required yards in commercial, industrial -commercial, and office zones. (9) In low and medium density residential zones, the applicant may, through process III, request K\Lor1BP-BC Code Revisions 2006\LUTC File (post-hearing)\Final Draft Code ChangeMnicle X111 Supplementary (outdoor storage).doc Page 2 approval to locate a storage shed in a required yard, except a required front yard. The city may approve the application if: a. The proposed structure is no more than eight feet high above finished grade; b. The maximum length of the facade of the proposed structure parallel to each property line, from which the required yard is not provided, shall not exceed 10 feet; c. The proposed structure contains no more than 120 square feet in total area; d. No reasonable alternative location exists on the subject property due to special circumstances regarding the size, shape, topography or location of the subject property or the location for legally constructed pre-existing improvements of the subject property; and e. Permitting the intrusion onto the required yard will not create a material, negative impact on the character of nearby residential uses. (Ord. No. 90-43, § 2(115.115(3)), 2-27-90; Ord. No. 00-375, § 24, 2000) 22-1134 Outdoor uses, activities and storage. For regulations on outdoor uses, activities and storage, see FWCC 22-13 6 1111 et seq. (Ord. No. 90- 43, § 2(115.115(4)),2-27-90) KALori1BP-8C Code Revisions 2006\LUTC File (post-hearing)\Final Draft Code Changes\Article X111 Supplementary (outdoor stonge).doc Page 3 (DRAFT 512110 7) FEDERAL WAY CITY CODE (FWCQ Chapter 22, Article XIX Community Design Guidelines (in relevant part) 22-1638 District guidelines. In addition to the foregoing development guidelines, the following supplemental guidelines apply to individual zoning districts: (a) Professional office (PO), neighborhood business (Bl), and community business (BC). (1) Surface parking may be located behind the building, to the side(s) of the building, or adjacent to the right-of-way; provided, however, that parking located adjacent to the right-of-way maximizes pedestrian access and circulation pursuant to FWCC 22-1634(d). (2) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way; and &hot4d shall incorporate windows and other methods of articulation. (3) Building entrances shall be architecturally emphasized and shall incorporate transparent glass- (4) Ground floor entrances to retail sales or services shall incorporate plaza features or furnishings and/or streetscape amenities in a context -sensitive amount and combination, considering the scale of the retail use(s) and entrance(s) to the overall building or development and the proximity and access to other existing plaza or streetscoe features. (3) (55) Ground -level mirrored or reflective glass is not eneeuraged allowed adjacent to a public right-of-way or pedestrian area. (4) (6) If utilized, chain-link fences visible from public rights-of-way or adjacent properties, and not screened by Type I landscaping as defined by Article XVII, shall utilize vinyl -coated mesh and powder -coated poles dark colors) and architectural element(s) such as pole caps and/or decorative grid pattern. For residential uses only: (3� Q All Ssignificant trees shall b :etci e' within a 20 -foot perimeter strip around site shall be retained and/or replaced within the applicable required landscape buffer. (6) (8) Landscaped yards shall be provided between building(s) and public street(s). Parking lots should be beside or behind buildings that front upon streets. (7) (99 Parking lots should be broken up into rows containing no more than 10 adjacent stalls, separated by planting areas. (8) 10 Pedestrian walkways (minimum six feet wide) shall be provided between the interior of the project and the public sidewalk. (9) 11 Lighting fixtures should not exceed 20 feet in height and shall include cutoff shields. his shall not apply to p4lie-paf4B and sehool stadiums and othef eempar-able lafge institiational uses. Th ma)iimum height for- large instittAtenal us s shall be — ...--nelude euteff shiel (4-0) 12 Principal entries to buildings shall be highlighted with plaza or garden areas containing planting, lighting, seating, trellises and other features. Such areas shall be located and designed so windows overlook them. ( 13 Common recreational spaces shall be located and arranged so that windows overlook them. ( 14 Units on the ground floor (when permitted) shall have private outdoor spaces adjacent to them so those exterior portions of the site are controlled by individual households. (} 15 All new buildings, including accessory buildings such as carports and garages, shall appear to have a roof pitch ranging from at least 4:12 to a maximum of 12:12. K-\Lon1BP-BC Code Revisions 2006\LUTC File (post-hearing)\Final Draft Code Changes\Article XIX Design Guidelines.doc PagC 1 V7I 7 16 Carports and garages in front yards should be discouraged. (4-5-) 17 The longest dimension of any building facade shall not exceed 120 feet. Buildings on the same site may be connected by covered pedestrian walkways. (W 08) Buildings should be designed to have a distinct "base," "middle" and "top." The base (typically the first floor) should contain the greatest number of architectural elements such as windows, materials, details, overhangs, cornice lines, and masonry belt courses. The midsection, by comparison, may be simple. (Note: single -story buildings have no middle.) The top should avoid the appearance of a flat roof and include distinctive roof shapes including but not limited to pitched, vaulted or terraced, etc. (4-7) LU9 Residential design features, including but not limited to entry porches, projecting window bays, balconies or decks, individual windows (rather than strip windows), offsets and cascading or stepped roof forms, shall be incorporated into all buildings. Window openings shall have visible trim material or painted detailing that resembles trim. ( 20 Subsection (a)(13) of this section shall apply to self-service storage facilities. (b) Office park (OP), corporate park (CP), and business ,.afk (BP) commercial enterprise (CE). (1) Surface parking may be located behind the building, to the side(s) of the building, or adjacent to the right-of-way; provided, however, that parking located adjacent to the right-of-way maximizes pedestrian access and circulation pursuant to FWCC 22-1634(d). (2) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way_ (3) Building entrances shall be architecturally emphasized and shall incorporate transparent lg ass. (2) L44) Ground floor entrances to retail sales or services should shall Brie fnajeF eatfanees, display vAndews and other- pedestr-im featlafes to the fight ef way to the extent pessible incorporate plaza features or furnishings, and/or streetscape amenities, in a context -sensitive amount and combination, considering the scale of the retail use(s) and entrance(s) to the overall building or development, and proximity and access to other existing plaza or streetscape features. (3) M Ground -level mirrored or reflective glass is not eneeur-aged allowed adjacent to a public right-of-way or pedestrian area. (4) L6) If utilized, chain-link fences visible from public rights-of-way or adjacent properties, and not screened by Type I landscaping as defined by Article XVII, shall utilize vinyl -coated mesh,, and powder -coated poles, dark color(s), and architectural element(s) such as pole caps and/or decorative grid ap ttern. For non -single-family residential uses only: (-5-)U7 Subsections (a)(5) through (a)(17) of this section shall apply. (c) City center core (CC -C) and city center frame (CC -F). (1) The city center core and frame contain transitional forms of development with surface parking areas. However, as new development or redevelopment occurs, the visual dominance of surface parking areas shall be eliminated or reduced. Therefore, parking shall be located behind building(s), with building(s) located between rights-of- way and the parking area(s), or in structured parking, and any parking located along a right-of-way is subject to the following criteria: a. In the city center core, surface parking and driving areas may not occupy more than 25 percent of the project's linear frontage along principal pedestrian right(s)-of-way, as determined by the director. b. In the city center frame, surface parking and driving areas may not occupy more than 40 percent of the project's linear frontage along principal pedestrian right(s)-of-way, as determined by the director. c. A greater amount of parking and driving area than is specified in subsections (c)(1)(a) and (b) of this section may be located along other rights-of-way; provided, that the parking is not the predominant use along such right-of-way, as determined by the director. (2) Principal entrance facades shall front on, face, or be clearly recognizable from the right-of- KALori\BP-BC Code Revisions 2006\LUTC File (post-hearing)\Final Drafl Code Changes\Article XIX Design Guidelines.doc Page 2 way, and/or from the principal pedestrian right-of-way, as determined by the director, for projects exposed to more than one right-of-way. (3) Building facades shall incorporate a combination of facade treatment options as listed in §§ 22-1635(b) and 22-1635(c)(2), to a degree that is appropriate to the building size, scale, design, and site context, and according to the following guidelines: a. Principal facades containing a major entrance, or located along a right-of-way, or clearly visible from a right-of-way or public sidewalk, shall incorporate a variety of pedestrian -oriented architectural treatments, including distinctive and prominent entrance features; transparent glass such as windows, doors, or window displays in and adjacent to major entrances; structural modulation where appropriate to break down building bulk and scale; modulated roof lines, forms, and heights; architectural articulation; canopies; arcades; pedestrian plazas; murals or other artwork; and streetscape amenities. At least 40 percent of any ground level principal facade located along a right-of-way must contain transparent glass. Landscaping shall be used to define and highlight building entrances, plazas, windows, walkways, and open space, and may include container gardens, wall and window planters, hanging baskets, seasonal beds, trellises, vines, espaliered trees and shrubs, and rooftop gardens. Landscaping should not block views to the building or across the site. Foundation landscaping may be used to enhance but not replace architectural treatments. b. Secondary facades not containing a major building entrance, or located along a right- of-way, or clearly visible from a right-of-way or public sidewalk, may incorporate facade treatments that are less pedestrian -oriented than in subsection (c)(3)(a) of this section, such as a combination of structural modulation, architectural articulation, and foundation landscaping. c. Principal facades of single -story buildings with more than 16,000 sq. ft. of gross ground floor area shall emphasize facade treatments that reduce the overall appearance of bulk and achieve a human scale. This may be accomplished through such design techniques as a series of distinctive entrance modules or "storefronts" framed by projecting, offset rooflines, and/or a major pedestrian plaza adjacent to the entrance. (4) Pedestrian pathways shall be provided from rights-of-way, bus stops, parking areas, and any pedestrian plazas and public on-site open space, to primary building entrances. Where a use fronts more than one right-of-way, pedestrian access shall be provided from both rights-of-way, or from the right-of-way nearest to the principal building entrance. Multiple -tenant complexes shall provide pedestrian walkways connecting all major business entrances on the site. Pedestrian pathways shall be clearly delineated by separate paved routes using a variation in color and texture, and shall be integrated with the landscape plan. Principal cross -site pedestrian pathways shall have a minimum clear width of six feet in the city center frame, and a minimum clear width of eight feet in the city center core, and shall be protected from abutting parking and vehicular circulation areas with landscaping. (5) Drive-through facilities and stacking lanes shall not be located along, or in conjunction with, a building facade that faces or is clearly visible from a right-of-way, public sidewalk, or pedestrian plaza. Such facilities shall be located along other, secondary facades, as determined by the director, and shall meet the separation, screening, and design standards listed in § 22-1634(g)(2)(b), (c), and (d). . (6) Above -grade parking structures with a ground level facade visible from a right-of-way shall incorporate any combination of the following elements at the ground level: a. Retail, commercial, or office uses that occupy at least 50 percent of the building's lineal frontage along the right-of-way; or b. A 15 -foot -wide strip of Type III landscaping along the base of the facade; or c. A decorative grille or screen that conceals interior parking areas from the right-of-way. (7) Facades of parking structures shall be articulated above the ground level pursuant to FWCC 22-1635(c)(1). (8) When curtain wall glass and steel systems are used to enclose a building, the glazing panels shall be transparent on 50 percent of the ground floor facade fronting a right-of-way or pedestrian area. KALori\BP-BC Code Revisions 2006\LUTC File (post-hearing)\Final Draft Code Changes\Wnicle XIX Design Guidelines.doc Page 3 (9) Chain-link fences shall not be allowed. Barbed or razor wire shall not be used. (10) For residential uses, subsections (a)(6) through (a)(9); (a)(11); (a)(12); (a)(14); (a)(16); and (a)(17) of this section shall apply. (d) For all residential zones. (1) Nonresidential uses. Subsections (a)(5) through (a)(10) and (a)(13) through (a)(17) of this section shall apply. (2) Non -single-family residential uses. Subsections (a)(5) through (a)(17) of this section shall apply. (Ord. No. 96-271, § 3, 7-2-96; Ord. No. 99-333, § 3, 1-19-99; Ord. No. 00-382, § 3, 1-16-01; Ord. No. 03- 443, § 3, 5-20-03; Ord. No. 05-506, § 3, 10-18-05; Ord. No. 06-515, § 3, 2-7-06) 22-1639 Institutional uses. In all zoning districts where such uses are permitted the following shall apply: (1) FWCC 22-1634,22-1635 and 22-1636. (2) FWCC 22-1638(a)(1) through (a)(5) and (a)(7) through (a)(9). (3) Building facades that exceed 120 feet in length and are visible from an adjacent residential zone, right-of-way or public park or recreation area shall incorporate a significant structural modulation (offset). The minimum depth of the modulation shall be approximately equal to 10 percent of the total length of the subject facade and the minimum width shall be approximately twice the minimum depth. The modulation shall be integral to the building structure from base to roofline. (4) Roof design shall utilize forms and materials that avoid the general appearance of a "flat" roof. Rooflines with an integral and obvious architectural pitch are an approved method to meet this guideline. Alternative distinctive roof forms such as varied and multiple stepped rooflines, architectural parapets, articulated cornices and fascias, arches, eyebrows, and similar methods will be considered by the director; provided, that the roof design minimizes uninterrupted horizontal planes and results in architectural and visual appeal. (5) Alternative methods to organize and shape the structural elements of a building and provide facade treatment pursuant to FWCC 22-1635(b) and/or subsection (a)(3) of this section will be considered by the director as part of an overall design that addresses the following criteria: a. Facade design incorporates at least two of the options listed at FWCC 22-1635(b); b. The location and dimensions of structural modulations are proportionate to the height and length of the subject facade, using FWCC 22-1635(b) and subsection (a)(3) of this section as a guideline; c. Facade design incorporates a majority of architectural and accessory design elements listed at FWCC 22-1635(c)(2) and maximizes building and pedestrian orientation pursuant to FWCC 22-1636; and d. Overall building design utilizes a combination of structural modulation, facade treatment, and roof elements that organize and vary building bulk and scale, add architectural interest, and appeal at a pedestrian scale, and, when viewed from an adjacent residential zone, right-of-way, or other public area, results in a project that meets the intent of these guidelines. (6) The director may permit or require modifications to the parking area landscaping standards of FWCC 22-1638(a)(7) for landscape designs that preserve and enhance existing natural features and systems; provided, that the total amount of existing and proposed landscaping within parking area(s) meets the applicable square footage requirement of FWCC Article XVII, Landscaping, and the location and arrangement of such landscaping is approved by the director. Existing natural features and systems include environmentally sensitive areas, stands of significant trees and native vegetation, natural topography and drainage patterns, wildlife habitat, migration corridors, and connectivity to adjacent habitats. (7) Lighting fixtures shall not exceed 30 ft. in height and shall include cutoff shields (Ord. No. 03-443, § 3, 5-20-03; Ord. No. 06-515, § 3, 2-7-06) KALori\BP-BC Code Revisions 2006\LUTC File (post-hearingffinal Drafi Code Changes\Anicle XIX Design Guidelines.doc Page 4 22-1640 Design criteria for public on-site open space. The following guidelines apply to public on-site open space. that is developed pursuant to Article XI, Division 8, of this chapter. All open space proposed under this section shall meet the definition of public on-site open space as set forth in this article and all of the following criteria: (1) The total minimum amount of open space that shall be provided in exchange for bonus height is equal to 2.5 percent of the "bonus" floor area, in gross square feet; provided, that the total open space area shall not be less than 500 square feet. (2) The open space may be arranged in more than one piece if appropriate to the site context, as determined by the director. (3) The open space shall abut on, or be clearly visible and accessible from, a public right-of-way or pedestrian pathway. (4) The open space shall be bordered on at least one side by, or be readily accessible from, structure(s) with entries to retail, office, housing, civic/public uses, or another public open space. (5) The open space shall not be located on asphalt or gravel pavement, or be adjacent to unscreened parking lots, chain link fences, or on-site blank walls, and may not be used for parking, loading, or vehicular access. (6) The open space shall be sufficiently designed and appointed to serve as a major focal point and public gathering place. It shall include a significant number of pedestrian -oriented features, furnishings, and amenities typically found in plazas and streetscapes, and as defined in this article, such as seating or sitting walls, lighting, weather protection, special paving, landscaping, trash receptacles, and bicycle racks. In addition, the open space(s) should provide one or more significant visual or functional amenity such as a water feature, artwork, or public restroom, and should allow for active uses such as vending, farmers' markets, live performing arts space, and art shows. (Ord. No. 96-271, § 3, 7-2-96; Ord. No. 99-333, § 3, 1-19-99; Ord. No. 00-382, § 3, 1-16-01; Ord. No. 03-443, § 3, 5-20-03; Ord. No. 06-515, § 3, 2-7-06) 22-1641 Design for cluster residential subdivision lots. (a) Garages shall be provided for all residential lots except if the lot is in a multifamily zone. (b) Front entryways should be the prominent feature of the home. Attached garages should not compose more than 40 percent of the front facade of the single-family home if the garage doors are flush with the front facade, or will be set back a minimum of five feet from the rest of the front facade. Detached garages should also be set back a minimum of five feet from the facade. (c) If garage access is provided from alleys, the front yard setback can be reduced to 15 feet. (d) Each dwelling unit shall be intended for owner occupancy. (Ord. No. 01-381, § 3, 1-16-01; Ord. No. 03-443, § 3, 5-20-03) 22-1642 — 22-1650 Reserved. KALori\BP-BC Code Revisions 2006\LUTC File (post-hearing)\Final Draft Code Changes\Article XIX Design Guidelines.doc Page 5 (DRAFT 512110 7) FEDERAL WAY CITY CODE (FWCQ Chapter 22, Article XVI Improvements (in relevant part) 22-1526 Principal collector rights-of-way. The following table illustrates the development standards for principal collectors. Cross-section type shall be as shown in the currently adopted comprehensive plan. Design speed (mph) City center zones 35 Other zones 40 Maximum grade (%) Commercial/industrial- commercial zones Flat 6 Rolling 8 Mountainous 10 Other zones Flat 8 Rolling 10 Mountainous 12 Sidewalk width (feet) City center zones 12 Other zones 8 Landscaping strip width (feet) City center zones 0 Other zones 6 Access classification 3 4 Average daily traffic 15,000 — 25,000 5,000 — 15,000 <5,000 Directional design hourly volume 825-1,250 350-825 <350 Bike lane Yes No Yes No Yes No Paved width (feet) 66 58 44 36 34 32 Curb or ditch Curb Curb Curb Curb Curb Ditch Right-of-way width (feet) 100 96 92 1 88 78 74 70 68 68 Cross-section type City center zones N/A H N/A J N/A L N/A N/A N/A High density single-family zones G N/A I N/A K N/A M O N/A Medium and low density single-family zones G N/A 1 N/A K N/A M N/A P Other zones G N/A I N/A K N/A M O N/A (Ord. No. 98-330, § 3, 12-15-98) 22-1527 Minor collector rights-of-way. The following table illustrates the development standards for minor collectors. Cross-section type shall be as shown in the currently adopted comprehensive plan. Medium and low density single-family, Design speed (mph commercial, and industrial -commercial 30 zones KALor\BP-BC Code Revisions 2006\LUrC File (post-hearing)\Final Draft Code ChangeMnicle XVI (22-1526,1527,1528).doc Page I (Ord. No. 98-330, § 3, 12-15-98) 22-1528 Local street rights-of-way. The following table illustrates the development standards for local streets. Cross-section type shall be as shown in the currently adopted comprehensive plan. Design speed (mph) Other zones 30 25 Maximum grade (%) Commercial and industrial_ commercial zones Flat 6 Maximum grade (%) Commercial and industrial- commercial zones Rolling 8 Mountainous 10 Other zones Flat 8 8 Rolling 10 Mountainous Mountainous 12 Sidewalk width (feet) City center zones 10 12 12 Other zones 6 15 Landscaping strip width (feet) City center zones City center zones 12 12 Other zones 4 width (feet) Access classification 4 5 Landscaping strip width (feet) Average daily traffic 51000— 15,000 <5,000 1,000— 5,000 Other zones Directional design hourly volume 350-825 <350 100-350 4 Bike lane 5 No No No 1,000 — 5,000 Paved width (feet) Curb or ditch 500— 1000 , 250-500 52 Curb 40 36 CurbPR 28 Curb Ditch Right-of-waywidth feet Directional design hourly volume 82 70 60 60 Cross-section type Ci center zones <25 N N/A N/A N/A High densitysingle-family zones N/A N/A S N/A Medium and low density single-family zones N/A N/A N/A T Other zones N/A N/A N/A N/A (Ord. No. 98-330, § 3, 12-15-98) 22-1528 Local street rights-of-way. The following table illustrates the development standards for local streets. Cross-section type shall be as shown in the currently adopted comprehensive plan. Design speed (mph) Medium and low density single-family, commercial, and Industrial -commercial zones 30 Other zones 25 Maximum grade (%) Commercial and industrial- commercial zones Flat 6 Rolling 8 Mountainous 10 Other zones Flat 10 Rolling 12 Mountainous 15 Sidewalk City center zones 12 width (feet) Other zones 5 Landscaping strip width (feet) City center zones 0 Other zones 4 0 Access classification 4 5 Average daily traffic 1,000 — 5,000 <5,000 500— 1000 , 250-500 100 — 250 <250 <100 N/A Directional design hourly volume 100 350 <350 50-100 25-50 10 25 <25 <10 N/A Bike lane No No No No No No No K:\Lon1BP-BC Code Revisions 2006\LUTC File (post-hearing)\Final Draft Code Changes\Article XVI (22-1526,1527,1528).doc Page 2 Paved width (feet) 40 40 1 36 28 32 24 28 1 20 24 . 90 Curb or ditch Curb Curb Curb Ditch Curb Ditch Curb Ditch Curb Curb Right-of-way width (feet) 70 66 60 60 56 56 52 52 38 106 Cross-section City center zones Q N/A N/A N/A N/A N/A N/A N/A N/A N/A type High density single-family zones N/A N/A S N/A U N/A W N/A Y Medium and low density single-family zones N/A N/A N/A T N/A V N/A X N/AOther zones N/A R N/A N/A N/A N/A N/A N/A N/A I here Is no minimum centerline radius on local streets. Traffic calming devices may be incorporated into streets in residential zones, as approved by the public works director. Cross-section type Y may be used in cluster and short subdivisions when all of the following conditions are met: (1) The street is in a private tract. (2) The tract abuts four or less dwelling units. (3) The tract is less than 150 feet in length. (Ord. No. 90-43, § 2(chart 110-2), 2-27-90; Ord. No. 98-330, § 3, 12-15-98) KALon1BP-8C Code Revisions 2006\LUTC File (post-hearing)\Final Draft Code Changes\Article XV1 (22-1526,1527,1528),doc Page 3 (DRAFT 512110 7) FEDERAL WAY CITY CODE (FWCC) Chapter 22, Article XVII Landscaping (in relevant part) 22-1564 General landscaping requirements — All zones. (a) All portions of a lot not used for buildings, future buildings, parking, storage or accessory uses, and proposed landscaped areas shall be retained in a "native" or predeveloped state. The department of community development may allow or require supplemental plantings in these areas, pursuant to the provisions of this chapter. (b) All outside storage areas shall be fully screened by Type I landscaping a minimum of five feet in width, as described in FWCC 22-1565(a), unless determined by the community development review committee (CDRC) that such screening is not necessary because stored materials are not visually obtrusive. (c) Slopes in areas that have been landscaped with lawn shall generally be a 3:1 ratio or less, width to height, to assist in maintenance and to allow irrigation systems to function efficiently. In other areas of plantings, a slope of up to a 2:1 ratio, width to height, may be used if acceptable to the public works director, upon review of a geo-technical/soils study submitted by an applicant to ensure soil slope integrity. (d) All trash enclosures shall be screened from abutting properties and/or public rights of way by a 100 percent sight -obscuring fence or wall and appropriate landscape screen. 2 - Sec. 22-1.564 (e) Type III landscaping, defined in FWCC 22-1565(c), shall be placed outside of sight -obscuring fences abutting public right-of-ways and/or easements unless determined by the director of community development that such arrangement would be detrimental to the stated purpose of this article. (f) With the exception of lawn areas, at least 25 percent of new landscaping materials (i.e., plants, trees, and groundcovers) shall consist of drought -tolerant species. All developments are encouraged to include native Pacific Northwest and drought -tolerant plant materials for all projects. (g) Deciduous trees shall have a caliper of at least 1.5 inches at the time of planting measured 4.5 feet above the root ball or root structure. (h) Evergreen trees shall be a minimum six feet in height (measured from tree top to the ground) at the time of planting. (i) Shrubs shall be a minimum 12 to 24 inches in height (measured from top of shrub to the ground) at the time of planting based on the following: (1) Small shrubs — 12 inches. (2) Medium shrubs — 18 inches. (3) Large shrubs — 24 inches. (j) Groundcovers shall be planted and spaced, using a triangular planting arrangement, to result in total K:\Lon1BP-BC Code Revisions 2006\LUTC File (post-hearingffinal Draft Code Changes\Article XVII Landscaping.doc Page I coverage of a landscaped area within three years. (k) Areas planted with grass/lawn shall: (1) Constitute no more than 75 percent of landscaped areas, provided, there shall be an exception for biofiltration swales; and (2) Be a minimum of five feet wide at the smallest dimension. (1) Grass and required landscaping areas shall contain at least four inches of topsoil at finish grade. (m) Existing clay or sandy soils shall be augmented with an organic supplement. (n) Landscape areas shall be covered with at least two inches of mulch to minimize evaporation. (o) In order to reduce irrigation requirements, design principles using xeriscape techniques are encouraged. In meeting water conservation goals, and to deliver appropriate amounts of water necessary to maintain planted vegetation, species that are not drought tolerant should be grouped together and have irrigation systems, and be separated from any other irrigation system provided for drought tolerant species. (p) Mulch shall be used in conjunction with landscaping in all planting areas to meet Xeriscaping goals, assist vegetative growth and maintenance or to visually compliment plant material. Nonvegetative material shall not be an allowable substitute for plant material. (q) All development shall comply with city of Federal Way street tree requirements. (See the City of Federal Way Right -of -Way Vegetation Standards and Specifications Manual). (r) Landscaping and fencing shall not violate the sight distance safety requirements at street intersections and points of ingress/egress for the development. (s) All tree types shall be spaced appropriate for the compatibility of the planting area and the canopy and root characteristics of the tree. (t) All permanent lawn or sod areas shall have permanent irrigation systems. (u) Screening of blank building walls. Building walls which are uninterrupted by window, door, or other architectural feature(s) listed in Article XIX, "Community Design Guidelines," � 22-1635(c)(2), that are 240 square feet or greater in area, and not located on a property line, shall be screened by landscaping. Such planting shall include trees, shrubs and groundcover appropriate for the area proposed. (v) Foundation landscaping is encouraged for all developments to reduce the scale, bulk and height of structures. (w) All loading areas shall be fully screened from public right of way or non-industrial/manufacturing uses with Type I landscaping. 0 Ep►lt bat mah q%'*M k».n l� ss' S7RtT . F'igare 2 — Set. 22-1564(w) (x) Use of products made from post consumer waste is encouraged whenever possible. (y) Soil in parking lot landscaped areas must be noncompacted to a depth of 18 inches prior to planting of any shrubs, trees, or groundcovers. (z) Landscaping shall not be required along interior lot lines within a development where parking is being shared. (Ord. No. 93-170, § 4, 4-20-93) 22-1565 Landscaping types. (a) Type I — Solid Screen. (1) Purpose. Type I landscaping is intended to provide a solid sight barrier to totally separate K:\Lor\BP-BC Code Revisions 2006\LUTC File (post-hearing)\Final Draft Code Changes\Nnicle XVII Landscaping.doc Page 2 incompatible land uses. This landscaping is typically found between residential and incompatible nonresidential land uses such as industrial/manufacturing uses, ., residential, ete.`, and around outdoor storage yards, service yards, loading areas, mechanical or electrical equipment, utility installations, trash receptacles, etc. (2) Description. Type I landscaping shall consist of evergreen trees, tan large shrubs and groundcover, which will provide a 100 percent sight -obscuring screen within three years from the time of planting; or a combination of approximately 75 percent evergreen and 25 percent deciduous trees, with an allowable five percent variance, with large shrubs, and groundcover backed by a 100 percent sight -obscuring fence. Tree, shrub, and groundcover spacing shall be appropriate for the species type, and consistent with the intent of this section. (b) Type H — Visual Screen. (1) Purpose. Type II landscaping is intended to create a visual separation that may be less than 100 percent sight -obscuring between incompatible land use zones. This landscaping is typically found between commercial and industrial zones; high density multifamily and single-family zones; commercial/office and residential zones; and to screen industrial uses from the street. (2) Description. Type H landscaping shall be evergreen or a combination of approximately 60 percent evergreen and 40 percent deciduous trees, with an allowable five percent variance, interspersed with large shrubs and groundcover.. A sight -obscuring fence may be required if determined by the CDRC that such a fence is necessary to reduce site specific adverse impacts to the adjacent land use. Trees, shrub, and groundcover spacing shall be appropriate for the species type, and the intent of this section. (c) Type III — Visual Buffer. (1) Purpose. Type III landscaping is intended to provide partial visual separation of uses from streets and main arterials and between compatible uses so as to soften the appearance of parking areas and building elevations. (2) Description. Type III landscaping shall be a mixture of evergreen and deciduous trees interspersed with large shrubs and groundcover. Tree, shrub, and groundcover spacing shall be appropriate for the species KALonIBP-BC Code Revisions 2006\LUTC Fite (post-hearingff incl Draft Code Changes\Anicle XVII Landscaping.doc Page 3 type, and the intent of this section. �� � �IOa�auai h r=Ut G1 P'igelsa S - see_ 22-1863(0) (d) Type IV — Open Area Landscaping. (1) Purpose. Type IV landscaping is primarily intended to provide visual relief and shading while maintaining clear sight lines typically used within vehicular paved areas. (2) Description. Type IV landscaping shall consist of trees planted with supporting shrubs and groundcover. Shrubs shall be pruned at 40 inches in height, and the lowest tree branches shall be pruned to keep an eight -foot clearance from the ground. One tree per landscape island up to 150 square feet shall be planted. One additional tree shall be planted for landscape islands up to 305 square feet. Tree, shrub, and groundcover spacing shall be appropriate for the species type, and the intent of this section. See FWCC 22- 1567 for location of Type IV landscaping. (Ord. No. 93-170, § 4, 4-20-93) 22-1566 Landscaping requirements by zoning district. (a) Suburban Estates, SE. (1) Type III landscaping 10 feet in width shall be provided along all property lines of nonresidential uses in the SE zoning district, except as provided in FWCC 22-1567 of this article. (b) Single -Family Residential, RS. (1) Type III landscaping 10 feet in width shall be provided along all property lines of nonresidential uses in the RS zoning districts, except as provided in FWCC 22-1567 of this article. (c) Multifamily Residential, RM. (1) Type III landscaping 20 feet in width shall be provided along all public rights-of-way and ingress/egress easements. (2) Type II landscaping 20 feet in width shall be provided along the common boundary abutting single- family zoning districts. (3) Type III landscaping 10 feet in width shall be provided along all perimeter lot lines, except as noted in subsections (c)(1) and (c)(2) of this section. (d) Professional Office, PO. (1) Type III landscaping eight feet in width shall be provided along all property lines abutting public K:\Lon'\BP-BC Code Revisions 2006\LUTC File (post-hearingffinal Draft Code Changes\Article XVII Landscaping.doc Page 4 rights-of-way and access easements. (2) Type I landscaping 10 feet in width shall be provided along all perimeter property lines abutting a residential zoning district except for schools which shall provide 10 feet of Type U. (3) Type III landscaping five feet in width shall be provided along all perimeter lot lines, except as noted in subsections (d)(1) and (d)(2) of this section. (e) Neighborhood Business, BN. (1) Type III landscaping five feet in width shall be provided along all properties abutting public rights- of-way and ingress/egress easements. (2) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district. (3) Type III landscaping five feet in width along all perimeter lot lines except as noted in subsections (e)(1) and (e)(2) of this section. (f) Community Business, BC. (1) Type III landscaping five feet in width shall be provided along all properties abutting public rights- of-way and ingress/egress easements. (2) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district. (3) Type III landscaping five feet in width shall be provided along all perimeter lot lines except as noted in subsections (f)(1) and (f)(2) of this section. (g) City Center, CC. (1) Type III landscaping five feet in width shall be provided along the perimeter of parking areas abutting public rights-of-way. (2) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district. (3) Type III landscaping five feet in width shall be provided along all perimeter lot lines except as noted in subsections (g)(1) and (g)(2) of this section, except that landscaping is not required along perimeter lot lines abutting rights-of-way, where no required yards apply pursuant to Article XI, Division 8. (h) Office Park, OP; and Corporate Park, CP-l. (1) Type III landscaping 10 feet in width shall be provided along all property lines abutting public rights-of-way and access easements. (2) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district. (3) Type III landscaping five feet in width shall be provided along all perimeter lot lines, except as noted in subsections (h)(1) and (h)(2) of this subsection. (i) M o e"uring Par4, ARD Commercial Enterprise, CE. (1) Type III landscaping 4-8 five feet in width shall be provided along all property lines abutting public rights-of-way and access easements except industrial uses shall provide Type II landscaping 10 feet in width along such property lines. (2) Type I landscaping 215 feet in width shall be provided along the perimeter of the property abutting a residential zoning district except industrial uses shall provide Type 1 landscaping 25 feet in width along such property lines. (3) Type II landscaping 4-0 five feet in width shall be provided along the perimeter of the property abutting a nonresidential zoning district, except'r-eenes industrial uses shall provide Type II landscaping 10 feet in width. (4) Type III landscaping five feet in width shall be provided along all perimeter lot lines except as noted in subsections (i)(1), (2), and (3) of this section. (Ord. No. 93-170, § 4,4-20-93; Ord. No. 96-270, § 3(E), 7-2- 96; Ord. No. 06-515, § 3, 2-7-06) ICkLon\BP-BC Code Revisions 2006\LUTC File (post-hearingffinal Draft Code Changes4lrticle XVII Landscaping.doc Page 5 22-1567 Parking lot landscaping. (a) Purpose. The purpose of this section is to break up large areas of impervious surfaces, mitigate adverse impacts created by vehicle use areas which include noise, glare and increases in heat reflection by buffering, screening adjacent properties and shading, respectively, to facilitate movement of traffic, and improve the physical appearance of vehicle use areas. (b) Type IV Landscaping. Type IV landscaping shall be provided within surface parking areas as follows: (1) Required interior lot landscaping. Landscape area shall be provided at the following rate within paved areas: a. Commercial, industrial, and institutional developments shall provide the following: 1. Twenty square feet per parking stall when up to 49 parking stalls are provided; and 2. Twenty-two square feet per parking stall when 50 or more parking stalls are being provided. b. Residential developments with common parking areas including, but not limited to, subdivisions, PUDs or multifamily, shall provide landscape areas at a rate of 15 square feet per parking stall. (c) Landscape islands. Landscape islands shall be a minimum size of 64 square feet and a maximum of 305 square feet, and a minimum width of six feet at the narrowest point for islands at the end of 90 -degree parking rows, three feet at the end of rows with angled parking, and eight feet in width for islands used to separate head-to-head parking stalls and shall be provided at the following locations: (1) At the end of all rows of parking; and (2) For separation buffering between loading doors or maneuvering areas and parking areas or stalls; and (3) Any remaining required landscaping shall be dispersed throughout the interior parking area in a manner to reduce visual impact of the parking lot; (4) Deciduous trees are preferred for landscape islands within interior vehicle use areas. (d) Curbing. Permanent curbing shall be provided in all landscape areas within or abutting parking areas. Based upon appropriate surface water considerations, other structural barriers may be substituted for curbing, such as concrete wheel stops. KALon1BP-BC Code Revisions 2006\LUTC File (post-hearingffinal Draft Code Changes\Article XVII Landscaping.doc page 6 ,-` MF c ty-- a —Sec. 22`=15167 (d) (e) Parking areas/screening for rights-of-way. (1) Parking areas adjacent to public right-of-way shall incorporate berms at least three feet in height within perimeter landscape areas; or alternatively, add substantial shrub plantings to the required perimeter landscape type, and/or provide architectural features of appropriate height with trees, shrubs and groundcover, in a number sufficient to act as efficient substitute for the three-foot berm, to reduce the visual impact of parking areas and screen automobiles, and subject to approval by the director of community development. (2) Parking adjacent to residential zones shall reduce the visual impact of parking areas and buffer dwelling units from light, glare, and other environmental intrusions by providing Type I landscaping within required perimeter landscape areas. (f) Vehicular overhang. Vehicular overhang into any landscaping area shall not exceed two feet. s + w • y ' r 1 1 Figura 9 - Sec. 22-1567(!) (g) Landscaping and irrigation. (1) All landscape islands within parking areas shall use drought tolerant trees, shrubs and groundcovers. Lawn shall not be permitted in landscape islands less than 200 square feet and shall be used as an accessory planting material to required trees, shrubs, and other groundcovers. (2) No plant material greater than 12 inches in height shall be located within two feet of a curb or other protective barrier in landscape areas adjacent to parking spaces and vehicles use areas. (Ord. No. 93-170, § 4,4- 20-93) 22-1568 Significant trees. (a) Purpose. The purpose of this section is to: (1) Regulate the removal of trees from property within the city in order to preserve, protect and enhance a valuable natural resource; (2) Establish standards to limit the removal of and ensure the replacement of trees sufficient to safeguard the ecological and aesthetic environment of a community; l0Lon1BP•BC Code Revisions 2006\LUTC File (post-hearing)\Final Draft Code ChangesV+rticle XVII Landscaping.doc Page 7 (3) Discourage the unnecessary clearing and disturbance of land so as to preserve the natural and existing growth of vegetation; and (4) Maintain a minimum number of significant trees. (b) Definition. A significant tree shall be defined as: (1) Twelve inches in diameter or 37 inches in circumference measured four and one-half feet above ground; and (2) In good health; and (3) Not detrimental to the community (e.g., is not diseased, dying, or likely of falling into public open space or right-of-way, etc.) or obscuring safe sight distance requirements. Significant trees shall not include red alder, cottonwood, poplar or big leaf maple. (c) Standards. (1) Retention required. Significant trees shall be retained on the subject property to the maximum extent possible in all residential, enff e l imdtist6al, er- insfito4ional developments as follows: a. If the approved development on the subject property will require the removal of more than 75 percent of the significant trees on the subject property, significant trees shall be replaced in amount equal to 25 percent of the significant trees which existed on the subject property prior to commencing any development activity. b. All significant trees located within any required perimeter landscaping area shall be retained; and/or replaced; . Refer to Article XIX for additional use -specific c. Significant trees required to be retained within on-site sensitive areas can be used toward satisfying the 25 percent on-site significant tree retention regulations. d. All significant trees located within required on-site recreation or open spaces shall be retained, provided they do not conflict with on-site active recreation areas. e. The significant tree retention requirements of this chapter shall not apply to the city center zoning district. f. There shall be no cutting of significant trees without authorization from the city for the purpose of preparing that site for future development. g. Up to one-half of the 25 percent significant tree replacement requirement may be satisfied by planting larger trees in required landscape areas such as landscape islands, buffers, and perimeter landscaped areas. Such trees shall be a minimum 12 feet in height for evergreen and three and one -half-inch caliper for deciduous or broadleaf trees. Example: 100 on-site significant trees requires 25 to be retained or replaced. Applicant may plant 13 larger trees within required landscape areas which meet size requirements mentioned above. h. Article XIX of this chapter may apply additional use -specific standards related to perimeter buffers and significant tree retention. (2) The applicant shall submit a tree retention plan concurrent with the first permit application for that development. The tree retention plan shall consist of the following: KALonW-BC Code Revisions 2006XLUTC File (post-hearingffinal Draft Code Changes\Anicle XVII Landscaping.doc Page 8 a. A tree survey or cluster survey that identifies the location, size, number and species of all significant trees on the site. b. A development plan identifying the significant trees that are proposed to be retained, removed, transplanted, or replaced, including a final report on percentage retained. (3) Each retained significant tree not located within perimeter landscaping maybe credited as two trees for purposes of complying with the retention requirements of subsection (c)(1)a., provided the tree meets at least one of the following criteria: a: The tree is located in a grouping of at least five trees with canopies that touch or overlap; or b. The tree provides energy savings through winter wind protection or summer shading as a result of its location relative to proposed buildings; or c. The tree belongs to a unique or unusual species of native or non-native tree not usually found locally. (4) Where it is not feasible to retain required significant trees due to site constraints including, but not limited to, topography, ingress/egress requirements, existing and proposed utility locations, trails, storm drainage improvements, a site specific tree plan, drawn to scale, shall be prepared. The tree plan shall show the precise location of all significant trees on the site, in relation to the proposed buildings, streets, parking areas, required landscaped areas, surface water facilities, and utilities. The director of community development shall review the plan in relation to the proposed development to ensure tree removal is the minimum amount necessary to comply with the proposed development and meet the purposes of this chapter. (5) When required significant trees cannot be retained (see subsection (f) of this section), significant trees that are removed shall be replaced with: a. Transplanted or retained on-site trees four -inch caliper or larger, which meet the definition of significant tree in all manner except size, and approved by the community development director, based upon the director's assessment of the location of the tree in relation to the proposed site development; or b. New evergreen trees that are a minimum 10 feet in height, or deciduous trees that are a minimum three-inch caliper. The number of replacement trees, combined with the number of retained significant trees, shall equal 25 percent of the amount of on-site significant trees which existed prior to development. (6) The following management practices shall be observed on sites containing significant trees, to provide the best protection for significant trees: a. No clearing shall be allowed on a proposed development site until the tree retention and landscape plans have been approved by the city of Federal Way; b. A no disturbance area, which shall be defined to be to the drip line of the significant tree, shall be identified during the construction stage with either: 1. A temporary five-foot chain link fence. 2. A line of five-foot high, orange -colored two-by-four inch stakes placed no more than ten feet apart connected by highly visible surveyor's ribbon; c. No impervious surfaces, fill, excavation, or storage of construction materials shall be permitted within the no disturbance area; d. If the grade level around the tree is to be raised by more than one foot, a rock well shall be constructed. The inside diameter of the rock well shall be equal to the diameter of the tree trunk plus 10 feet. Proper drainage, and irrigation if necessary, shall be provided in all rock wells; e. The grade level shall not be lowered within the larger of the two areas defined as follows: 1. The drip line of the tree(s); or 2. An area around the tree equal to one foot in diameter of each inch of tree trunk diameter measured four feet above the ground; f. Alternative protection methods may be used if accepted by the director of community development department to provide equal or greater tree protection; g. Encroachment into the no disturbance area may be allowed where the director determines encroachment would not be detrimental to the health of the tree. (Ord. No. 93-170, § 4, 4-20-93) K:\Lor\BP-BC Code Revisions 2006\LUTC File (post-hearing)\Final Draft Code Changes\Article XVII Landscaping.doc Page 9 22-1569 Performance and maintenance standards. (a) Performance. (1) All required landscaping shall be installed prior to the issuance of a certificate of occupancy (CO) or final inspection. (2) When landscaping is required pursuant to this chapter, an inspection shall be performed to verify that the installation has been installed pursuant to the standards of this chapter. (3) Upon completion of the landscaping work, the community development department shall inspect the landscape upon request for compliance with the approved landscape plan. (4) A CO or final inspection maybe issued prior to completion of required landscaping provided the following criteria are met: a. An applicant or property owner files a written request with the department of community development prior to five days of a CO inspection; b. The request contains an explanation as to why factors beyond the applicant's control, or which would create a significant hardship, prevent the installation of the required landscaping prior to issuance of the CO; c. The property owner has demonstrated a good faith effort to complete all required landscaping. (5) The time period extension for completion of the landscaping shall not exceed 90 days after issuance of a certificate of occupancy to install required landscaping. (6) Failure to complete landscape installation by an established 90 -day extension date shall constitute a zoning violation. (b) Maintenance. The purpose of this section is to establish minimum maintenance standards for landscaping. (1) Plant maintenance. Maintenance of planted areas shall include continuous operations ofremoval of weeds before flowering; mowing; trimming; edging; cultivation; reseeding; plant replacement; appropriate fertilization; spraying; control of pests, insects, and rodents by nontoxic methods whenever possible; watering; or other operations necessary to assure normal plant growth. In particular, maintenance shall promote landscape performance criteria of this chapter. (2) Irrigation maintenance. All portions of any irrigation system shall be continuously maintained in a condition such that the intent of an irrigation design is fulfilled. Uncontrolled emission of water from any pipe, valve, head, emitter, or other irrigation device shall be considered evidence of nonmaintenance. (3) Other maintenance. Maintenance of all landscaped areas shall also include operations as needed of painting, repairing, reconstruction, and rehabilitation of landscape structures such as walls, fences, overheads, trellises, and the removal of trash. (4) Failure to comply with landscape maintenance standards shall constitute a zoning violation under FWCC 22-11. (Ord. No. 93-170, § 4,4-20-93) K\Lon1BP-BC Code Revisions 2006\LUTC File (post-hearingffinal Draft Code Changes\Article XVII Landscaping.doc Page 10 FEDERAL WAY CITY CODE (FWCQ Chapter 22, Article XVIII Signs (in relevant part) 22-1601 Signs in nonresidential zoning districts. (4) Freeway profile signs. In addition to the categories available in subsections (a)(1) and (2) of this section, a subject property may be permitted an additional freestanding sign if it meets the following: a. Criteria. 1. Abuts the right-of-way of Interstate 5; 2. Is located in the zoning designation of city center core (CC -C) or eeffmivai�_y basines ABG` commercial enterprise (CE). b. Sign type. A pylon or pole sign is allowed; provided, that any pylon or pole sign must have more than one pole or structural support, and its design must be compatible to the architecture of the primary structure on-site or to the primary sign(s) already permitted on the subject property. Alternatively, a pylon or pole sign may have one pole or structural support if it results in superior design, which shall be subject to the director's approval. Sign content for any pylon or pole sign may include center identification signs; provided, however, that all font sizes used are a minimum two feet tall. Any freestanding freeway profile sign may be an illuminated sign, and/or a neon sign. Animated or moving signs and electronic changeable message signs shall not be permitted. c. Sign orientation. The sign must be oriented toward I-5, be visible from 1-5 (not the off -ramps), and be located near the property line closest to 1-5. d. Sign height. If the subject property has an elevation lower than the freeway, a freeway profile sign shall not exceed 25 feet above the elevation of the nearest driving lane of the freeway at a.point nearest to the proposed location of the sign. If the subject property has an elevation that is higher than the nearest driving lane of the freeway, then the sign shall be no taller than 20 feet above the average finished ground elevation measured at the midpoint of the sign base. However, the maximum height of the sign can be increased to 40 feet above the average finished ground elevation measured at the midpoint of the sign base in order to be visible above trees or other obstructions, subject to the director's approval. The sign height shall be measured by a licensed surveyor and the applicant shall be responsible for providing the surveyor. e. Sign area. 1. For a subject property with a multi -tenant complex, a center identification sign identifying only the name of the center shall not exceed 600 square feet for the total sign faces, with no one sign face exceeding 300 square feet. 2. For a subject property with a multi -tenant complex, a center identification sign, which identifies businesses within the multi -tenant complex, and which is located 50 feet or less from the advertised activity shall not exceed 600 square feet for the total sign faces, with no one sign face exceeding 300 square feet. 3. For a subject property with a multi -tenant complex, a center identification sign, which identifies businesses within the multi -tenant complex, and which is located more than 50 feet from the advertised activity shall not exceed 300 square feet for the total sign faces, with no one sign face exceeding 150 square feet. No one dimension of the sign face may exceed 20 feet. 4. For a subject property with a multi -tenant complex, a sign advertising just one business shall be located 50 feet or less from the advertised activity with no one sign face exceeding 150 square feet. No one dimension of the sign face may exceed 20 feet. K:\Lori\ZP-BC Code Revisions 2006\LUTC File (post-hearing)\Final Draft Code ChangeMnicle XVIII Signs.doc Page 1 5. For a subject property with a single -tenant building, a sign located 50 feet or less from the advertised activity shall not exceed 600 square feet for the total sign faces, with no one sign face exceeding 300 square feet. 6. For a subject property with a single -tenant building, a sign located more than 50 feet from the advertised activity shall not exceed 300 square feet for the total sign faces, with no one sign face exceeding 150 square feet. No one dimension of the sign face may exceed 20 feet. f. Number of signs. A subject property qualifying for a freeway profile sign may have only one freeway profile sign per subject property. The applicant shall be responsible for compliance with applicable federal, state and local laws including Chapter 47.42 RCW and Chapter 468-66 WAC. K:\Lor\BP-BC Code Revisions 2006\LUTC File (post-hearingffinal Draft Code Changes\Article XVIII Signs.doc Page 2 5 A N cC Lk1 4? U N h O 0 ° o 0 010 .O > y y ca E O N> N Oti U U N N U F y •- V ° a2c o00 �� 5 >�'0C.`G wo i ca N G y y ° 'G O ce \' 0!) ? 3 C UT N y r G n c's t E c E o E ;, G °' n O.0 -2 — p .2 EE T U U O •0 U O .a y y� O y •� C ¢• N ms ca C G y cGa U a� Q p- 3 to > U g. a y E c ¢o ou v c °>' civ OF C N N .E Y U E E N C •D y' U y¢ C .0 .� 'In U 0. N X> U ti 'O O E •G� d mvxN i1TN wo �oNO voC sr m > E a'n°2, L >ai CC �0.00 C y cam O G > G 0. O" U F y z is I A u In Gr„� op pp E'ow ° iscaNaOp o o. 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THEY ARE EXHIBITED TO THE MAY 21, 2007 LUTC MEMO AS INDICATED. -EXHIBIT A (COMPREHENSIVE PLAN GOALS AND POLICIES) - REFER TO "EXHIBIT B" OF THE LUTC MEMO. -EXHIBITS B THROUGH I (SPECIFIC TEXT AMENDMENTS) - REFER TO "EXHIBIT All OF THE LUTC MEMO. • THE STAFF REPORT HAS BEEN EDITED TO REFLECT MODIFICATIONS MADE TO THE PROPOSAL DURING THE PUBLIC HEARING PROCESS. THOSE EDITS ARE SHOWN IN /DOUBLE UNDERLINE; IN CONTRAST TO THE INITIAL CHANGES, SHOWN IN SINGLE STR4KEOUT/SINGLE UNDERLINE. Doc. LD. Exhibit 8 to May 21, 2007 LUTC Memo 4011 CITY OF Federal Way STAFF REPORT TO THE PLANNING COMMISSION Planning Commission Public Hearing March 14, 2007 Proposed Text Amendments to Federal Way City Code (FWCC) Chapter 22, "Zoning" Article XI, Division 10, "Business Park"/"Commercial Enterprise" Article XI, Division 7, "Community Business" and Other Related Amendments (File No. 06 -105688 -00 -UP) (Related File Nos. 07 -100576 -00 -SE; 05 -103610 -00 -SE; 05 -103609 -00 -UP) Report prepared by: Lori Michaelson, AICP, Senior Planner TABLE OF CONTENTS I. PURPOSE AND SUMMARY OF PROPOSAL ----------------------------------------------------1 II. RELATED COMPREHENSIVE PLAN AMENDMENTS -----------------------------------------2 III. PROCEDURAL SUMMARY----------------------------------------------------------------------2 IV. OVERVIEW OF PROPOSED AMENDMENTS --------------------------------------------------3 TABLE I - OVERVIEW AND COMPARISON OF ALLOWED USES -----------------------4 TABLE H - OVERVIEW OF KEY SITE DESIGN AND DEVELOPMENT CHANGES -----8 V. AMENDMENTS TO BUSINESS PARK (BP)/COMMERCIAL ENTERPRISE (CE)-------- 10 TABLE III - PROPOSED CHANGES TO ALLOWED USES ------------------------------- 11 TABLE IV - PROPOSED CHANGES TO DEVELOPMENT REGULATIONS -------------- 12 VI. AMENDMENTS TO COMMUNITY BUSINESS (BC) - ------------ -------------- ------------ 16 TABLE V - PROPOSED CHANGES TO USE ZONE CHART ----------------------------- 16 VII. AMENDMENT TO HOTEL HEIGHT IN CITY CENTER FRAME (CC -F) --------------- 20 VIII. AMENDMENTS TO "DEFINITIONS"---------------------------------------------------------- 20 IX. AMENDMENTS TO "COMMUNITY DESIGN GUIDELINES" ------------------------------ 21 X. AMENDMENTS TO "LANDSCAPING"------------------------------------------------------ 22 XI. AMENDMENTS TO "OUTDOOR STORAGE" ------ --------------------------------- ------- 23 XII. OTHER RELATED AMENDMENTS----------------------------------------------------------- 23 XIII. NONCONFORMING USE POTENTIAL-------------------------------------------------------- 24 XIV. STAFF ANALYSIS AND RECOMMENDATION ------------------------- --------------------- 24 XV. PLANNING COMMISSION ACTION---------------------------------------------------------- 25 XVI. DECISIONAL CRITERIA XVII. LIST OF EXHIBITS ------ 26 P9 (Note: Not all copies of all staff reports contain all exhibits. Exhibits and other information may be obtained upon request at the City of Federal Way Department of Community Development Services, 33325 8`h Avenue South, PO Box 9718, Federal Way, WA 98063-9718) I. PURPOSE AND SUMMARY OF PROPOSAL The proposal is to amend the text of various sections of Federal Way City Code (FWCC), Chapter 22, "Zoning"; principally, the existing zoning districts of "Business Park (BP)" and "Community Business (BC)," along with other related amendments. The principal purpose of the amendments is to address City Council concerns with making zoning more responsive to market conditions favoring retail and other uses, such as the emerging development in the BC area of South 348h Street along BP boundaries. The 2005 Federal Way Comprehensive Plan (FWCP) Economic Development Chapter stated, "There has been no substantive Business Park development since the City's incorporation. This lack of recent Business Park development suggests the influence of market forces outside the City limits, where cheaper land and established industrial parks act as a draw for prospective business park development." In addition, the City has received a high number of requests to rezone BP property, most often to BC. The July 2000 Market Analysis found that between 2000 and 2020, there would be demand for 11 to 13 percent of the available BP zoned land. At that time, the Market Analysis showed 203 acres of vacant land in the BP zone, which equated to a demand for 22 to 26 acres over a 20 -year period. Economic forecasts by Puget Sound Regional Council (PSRC) and others also show a significant market shift away from manufacturing and toward retail sales and services. Staff presented optional approaches to the amendments to the Land Use/Transportation Committee (LUTC), and the approach preferred by LUTC is reflected in the proposed zoning amendments and related comprehensive plan amendments. The proposed amendments are designed to address emerging markets and development trends, while preserving existing "core" visions and generalized land uses, for the existing BC and BP zones. This includes renaming "Business Park (BP)" to "Commercial Enterprise (CE)"; remapping the boundaries of the two zones; revising the mix of allowed uses in accordance with updated visions; and using design and development standards to ensure integration and compatibility between diverse uses and the quality of the built environment. As a result of comprehensive plan reap changes (Exhibit A), CE will encompass all of the existing BP -zoned properties, and in addition, the BC -zoned properties lying generally south of South 3390' Street (excluding properties that will remain BC under pre-existing zoning agreements). The balance of the BC area, lying generally north of South 339`h, will remain BC, with no other boundary changes. The proposed map changes will result in an increase of total BP area, from 253 acres to 456 acres (as CE); and decrease of BC area, from 467 acres to 260 acres. CE (BP) will continue to be the City's only zone allowing industrial uses, including all previous BP uses. In addition, it is intended to capture the demand for a diverse mix of industrial, office, and retail sales and services, arrayed in well integrated, high quality developments. New proposed uses include unlimited retail sales and services, restaurants, offices, day care facilities, vehicle service stations, car washes, truck stops, buWbig box retail, and adult entertainment. The proposed new uses will respond to emerging markets and integrate well other development, traffic, and employment patterns in this area. Housing is not contemplated for this designation; therefore, senior citizen housing is redirected to other zones. Also, industrial uses are restricted from property adjoining low and medium residential zones to ensure appropriate separation. Proposed Text Amendments to FWCC Chapter 22, "Zoning" File # 06 -105688 -00 -UP / Doc ID 40034 Planning Commission Staff Report Page 1 Community Business (BC), as updated, will continue to allow a broad mix of uses, including general, specialty, and service retail (including auto -oriented retail); commercial; office; and mixed-use commercial/residential. However, additional emphasis is placed on mixed-use commercial/residential, and incompatible uses, such as truck stops, transfer stations, bulk/big box retail, and adult entertainment, are redirected to CE and no longer allowed in BC. Key height -related amendments include increasing the "base" (as -of -right) height for hotels/ motels in BC and CE, and correspondingly in CC -F; increasing base and modifiable height for mixed-use residential in BC, and updating the decision criteria for administrative height increases. II. RELATED COMPREHENSIVE PLAN AMENDMENTS (File No. 05 -103609 -00 -UP) The 2006 comprehensive plan amendments will update the comprehensive plan maps, designations, goals, and policies relative to BP/CE and BC; and the zoning amendments will implement the comprehensive plan updates. The comprehensive plan updates are being processed separately but concurrently with the zoning amendments. As noted in Section I, the updated comprehensive plan maps and policies (Exhibit A) continue to acknowledge existing generalized land use patterns, while updating the mix of allowed uses, to emphasize residential and related uses in BC and to integrate retail and commercial uses into light industrial in BP/CE. (The environmental impacts of the proposed comprehensive plan re -designations and policy changes were analyzed under file number 05 -103610 -00 -SE.) M. PROCEDURAL SUMMARY Date . Action July 17, 2006 Land Use/Transportation Committee (LUTC) Review/Direction on Optional Approaches to Amendments November 20, 2006 LUTC Review/Direction on Preferred Approach to Amendments December 20, 2006 Planning Commission Study Session on Proposed Amendments February 20, 2007 Determination of Nonsignificance (DNS) Issued Pursuant to the State Environmental Policy Act (SEPA) March 5, 2007 SEPA Comment Deadline March 14 & 21, 2007 Public Hearing before the Planning Commission March 19, 2007 SEPA appeal deadline Proposed Text Amendments to FWCC Chapter 22, "Zoning" File # 06 -105688 -00 -UP / Doc ID 40034 Planning Commission Staff Report Page 2 State Environmental Policy Act (SEPA): As noted above, the City issued a Determination of Nonsignificance (DNS) on the proposed zoning text amendments (and related comprehensive plan amendments) on February 20, 2007. No written comments were received by the deadline of March 5, 2007, and the DNS was finalized, subject to the March 19, 2007, appeal deadline. Public Notice: Public notices of the City's environmental threshold determinations, and of the March 14, 2007, and March 21, 2007, Planning Commission Public Hearing on the proposed text amendments and related comprehensive plan amendments, were duly prepared, distributed, and posted in the City's official newspaper and notice boards, in accordance with all applicable code requirements. In addition, the notices were mailed to all owners of real property zoned BP or BC, or owners of real property located within 300 feet of such property, and all parties who had requested to be notified. It was also published on the City's website and as a press release (in addition to the official public notice) in the Federal Way Mirror. IV. OVERVIEW OF KEY PROPOSED AMENDMENTS As noted above, in BP/CE, all BP -permitted uses are preserved, except senior citizen housing, and a broad range of retail and commercial uses are added. In BC, all existing uses are preserved except truck stops, transfer stations, bulk/big box retail, and adult entertainment. Also proposed in BC is a new use classification and definition ("manufacturing and production, limited") to allow small-scale manufacturing and production operations in conjunction with retail sales, such as custom jewelry making and other custom made arts and crafts. Tables I and II provide a comprehensive overview of the proposed key changes to allowed uses, and key changes to site design and development regulations, respectively, for both the BP/CE and BC zones. Refer to Sections V and VI for additional detail and analysis of zone -specific changes. Also, refer to Section XIII for a discussion of the potential effects of use -related changes on existing development. 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AMENDMENTS TO BUSINESS PARK (BP)/COMMERCIAL ENTERPRISE (CE) Exhibit B contains the existing "Use Zone Chart" for Business Park (BP) and the "Use Zone Chart" for Commercial Enterprise (CE), which would replace it. Given the extent of the changes, a tfike h/underline version of the proposed changes (from BP to CE) was not practical. Instead, the existing BP chart will be repealed in its entirety and replaced with the CE title, related development regulations, and other changes shown on the proposed CE chart. A complete reformatting and reordering of use classifications was necessary to accommodate the new and expanded uses, and various non -substantive changes were incorporated, such as codifying interpretations and addressing errors, conflicts, or redundancies. Tables III and IV describe the proposed changes to allowed uses and the proposed changes to development regulations, respectively, to the BP/CE zone. 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The proposal is to increase "base" height for hotels in CC -F from 45 feet to 65 feet, as a "companion" to the above -noted height increase for these uses in BC and CE. The proposed change is consistent with the comprehensive plan which contemplates the "City Center -Core containing the City's tallest buildings and the City Center -Frame containing transitional heights between the Core and adjacent lower -height areas." (FWCP Chapter 2, Land Use, revised 2006, pg. II -5). No other amendments to the CC -F zone are included in this proposal. The existing code allows director -approved height increases to an unspecified maximum, based on consistency with the comprehensive plan, community design guidelines, and adequate infrastructure. VIII. AMENDMENTS TO "DEFINITIONS" Exhibit E shows the proposed amendments to FWCC Chapter 22, Article I, "Definitions." A description and analysis of the proposed changes is provided below. PROPOSED CHANGES TO FWCC ARTICLE I, DEFINITIONS (SEE EXHIBIT E) PROPOSED TEXT CHANGES RATIONALE/STAFF ANALYSIS Retai�. to " Roggill bil Places in PF -OP [Amend] "Commercial use means the uses allowed in the commercial zones and the non -industrial uses permitted in the CE zone and not permitted in any other zones of the city." Expands definition to reflect that commercial uses are allowed in CE. "Commercial zones means the BN, BC, CC -C and CC -F zoning districts." No change. Shown for context only. [Amend] "Industrial use means theose uses allowed only in the iWastr-ial-CE zones as listed in FWCC §22-861 through §22-864. and not pemak4ed in a Necessitated by definitional and use changes. "Industrial -commercial zones means the 4P CE zoning district." Reflects zoning changes. [Add] "Manufacturing and production general means establishments engaged in the mechanical or chemical transformation of materials or New definition to avoid confusion between this type of manufacturing and "manufacturing and production, limited" defined below). substances into new products including the assembling of component parts, the creation of products and the blending of materials, such as oils, plastics, resins or liquors and is typically carried on for the wholesale market." [Add] "Manufacturing and production limited means retail establishments New definition/use classification. Will be permitted in BC, since by definition, its operational characteristics and external impacts are comparable to general retail, and "compatible manufacturing" use is contemplated in BC in the comprehensive plan updates. Note, it will also be permitted in CE under the "Retail, general and specialty" category. engaged in small-scale manufacture production, and on site sales, of custom goods and products This classification includes uses such as ceramic studios, candle making shops custom jewelry manufacturing, woodworking and cabinet making,• manufacturing of specialized orthopedic appliances such as artificial limbs or braces dental appliances such as bridges dentures and crowns production of goods from finished materials such as wood, metal, paper, glass leather, and textiles; and production of specialized food products such as caterers bakeries candy stores microbreweries, and beverage bottlers. These uses are distinguished from "manufacturing and production, general" uses by apredominant use of hand tools or domestic mechanical equipment; limited number of employees, limited sales volume; little or no outdoor storage; limited truck deliveries; typical retail hours of operation, and obvious retail storefront with public entrance that is in scale with the overall building and oriented to the riht-of-wa . Proposed Text Amendments to FWCC Chapter 22, "Zoning" File # 06 -105688 -00 -UP / Doc ID 40034 Planning Commission Staff Report Page 20 IX. AMENDMENTS TO "COMMUNITY DESIGN GUIDELINES" Exhibit F contains the proposed changes to FWCC Chapter 22, Article XIX, "Community Design Guidelines." A description and analysis of the proposed changes is provided in A and B, respectively, below. A. DESCRIPTION OF AMENDMENTS (in relevant part) §22-1638(a) Professional office (PO), neighborhood business (BN), and community business (BC). -Entrance facades shall front on, face, or be clearly recognizable from the right-of-way; and should shall incorporate windows and other methods of articulation. -Building entrances shall be architecturallv emphasized and shall incomorate transparent glass. -Ground floor entrances to retail sales or services shall incorporate plaza features or furnishings, and/or streetscape amenities, in a context -sensitive amount and combination, considering the scale of the retail use(s) and entrance(s) to the overall building or development, and the proximity and access to other existing plaza or streetscape features. -Ground-level mirrored or reflective glass is not eneearaged allowed adjacent to a public right- of -way or pedestrian area. •If utilized, chain-link fences visible from public rights-of-way or adjacent properties, and not screened by Type I landscaping as defined by Article XVII, shall utilize vinyl -coated mesh ate, powder -coated poles, dark color(s), and architectural element(s) such as pole caps and/or decorative grid pattern. For residential uses only: •All £significant trees shall be _etai within a 20 -foot perimeter strip around the site shall be retained and/or replaced within the applicable required landscape buf r. Lighting fixtures shall not exceed 20 feet in height and shall include cutoff shields. This shall net apply to pAhe par4s and seheel stadiums and other- 6empar-able lafge instittifieig uses.The maikimufa height for- large institutional uses shall be 30 feet and shall ineelude e shields. (b) Office park (OP), corporate park (CP),- and bus-ines-spark (BP) commercial enterprise (CE,). -Entrance facades shall front on. face. or be clearlv recognizable from the right-of-way. -Building entrances shall be architecturally emphasized and shall incorporate transparent glass. • Buildings ,. i Ground floor entrances to retail sales or services std shall rn*r efient pessible incorporate plaza features or furnishings, and/or streetscape amenities, in a context - Proposed Text Amendments to FWCC Chapter 22, "Zoning" File # 06 -105688 -00 -UP / Doc ID 40034 Planning Commission Staff Report Page 21 sensitive amount and combination considering the scale of the retail use(s) and entrance(s) to the overall building or development and proximity and access to other existing plaza or streetscape features. • Ground level mirrored or reflective glass is not eneoufagea allowed adjacent to a public right-of-way or pedestrian area. ■If utilized, chain-link fences visible from public rights -of --way or adjacent properties, and not screened by Type I landscaping as defined by Article XVII, shall utilize vinyl -coated mesh, and powder -coated poles dark colors) and architectural element(s) such as pole caps and/ decorative grid pattern. §22-1639. Institutional uses. In all zoning districts where such uses are permitted the following shall apply: (7) Lighting fixtures shall not exceed 30 ft. in height and shall include cutoff shields. B. RATIONALE/STAFF ANALYSIS The above noted proposed changes will strengthen, expand, and clarify existing guidelines, relative to the proposed emphasis on residential and pedestrian uses in BC, and the introduction of retail sales, services, and other uses into the pre-existing light industrial uses in CE; and will promote the comprehensive plan vision and policies for these areas by ensuring the quality of development and integration of uses. This includes strengthening the existing guideline for windows in entrance facades (which may include "faux" and display windows); ensuring that entrances to buildings incorporate some form of architectural emphasis, and some amount of transparent glass; strengthening an existing guideline pertaining to ground floor entrances to retail sales and service uses, in order to ensure that these pedestrian oriented uses (in both zones) provide a proportionate level of pedestrian amenities; improving architectural treatment of chain link fencing where visible from rights- of-way; prohibiting rather than discouraging ground level mirrored glass facing rights-of-way or pedestrian areas; clarifying significant tree guidelines consistent with administrative interpretations; and reorganizing and correcting references to institutional uses and related height of light fixtures.) (Contextual note: Under existing code, all institutional uses [defined by code to include schools, churches, colleges, hospitals, parks, governmental facilities and public utilities] are subject to the design guidelines for institutional uses [see entire text of §22-1639], and all mixed-use commercial/residential uses are subject to the design guidelines for mixed use residential buildings in commercial zones [§22-1637]). X. AMENDMENTS TO "LANDSCAPING" Exhibit G contains the proposed changes to FWCC Chapter 22, Article XVII, "Landscaping." The only substantive change is to ensure that industrial uses (as defined above) receive heavier landscape buffers relative to other (less intensive) uses permitted in the CE zone. Proposed Text Amendments to FWCC Chapter 22, "Zoning" File # 06 -105688 -00 -UP / Doc ID 40034 Planning Commission Staff Report Page 22 XI. AMENDMENTS TO "OUTDOOR STORAGE" Exhibit H contains the proposed changes to FWCC Chapter 22, Article XIII, Division 7, Outdoor Activities and Storage, §22-1113 "Commercial and Industrial Uses." The only substantive change is as follows, the purpose of which is to codify a previous outdoor sales -related interpretation. "(6) Outdoor accessory sales area(s) adjacent to the entrance of the primary structure, if such area is fully covered by a pedestrian -height awning, canopy, roof overhang, or similar feature, that is permanently attached to the primary structure; and all of the following criteria are met: (a) the area maintains a five-foot wide unobstructed pedestrian pathway to the building entrance, and in no way blocks any required ingress/egress; (b) sale items are displayed only during normal business hours; (c) no coin-operated vending machines or similar items are displayed; (d) the area complies with subparagraphs (c)(1), (c)(3), and (c)(5), above; and (e) the area complies with all fire, building, and zoning requirements." XII. OTHER RELATED TEXT AMENDMENTS Exhibit I contains other related amendments, as described and explained in the table below OTHER RELATED TEXT AMENDMENTS (See Exhibit I) .CODE SECTION PROPOSED TEXT CHANGES RATIONALE/STAFF ANALYSIS §22-696; §22-721; [Add] a parking ratio for medical and dental office. The As described above, medical/dental §22-791; §22-803; proposed ratio will be applied across all office charts in parking has been a concern because this § 22-826 all zones. "Medical and dental office: 1 for each 225 sg. use generates more parking demand than (Office uses in ft. of gross floor area." general office. Proposed ratio comes from PO, BN, CC -C, the ITE manual. (No change is proposed or CC -F, and OP). required for general office, i.e. 1 stall for each 300 sq. ft. of gross floor area.) § 22-555, [Amend] "The following temporary uses may be Necessitated by above -noted changes to Exceptions to conducted in commercial and industrial -commercial definitions. permit... zones, and are exempt from the requirements of this article." Article XI, Div. 7 Table of Contents for District Regulations 'Amended to Reflects name and content chances &I reflect title and contents of BC. And CE. 22-571, [Amend] (9) less -P Commercial Enterprise sone Reflects name change., Categories enumerated. § 22-1133(8) [Amend] "Covered walkways, no more than eight feet Same as above. wide and 10 feet above finished grade and open along the sides, are permitted in required yards in commercial; and office, and-indnstFial zones. § 22-1134 [Correct typo] "For regulations on outdoor uses, Corrects inaccurate code reference. activities and storage, see FWCC 22-1376 1 1 1 1 et seq. § 22-1526, 1527; [Amend] Commercial/ and industrial -commercial zones. Same as above 22-1528. Proposed Text Amendments to FWCC Chapter 22, "Zoning" File # 06 -105688 -00 -UP / Doc ID 40034 Planning Commission Staff Report Page 23 Article XVIII. [Amend] (4) Freeway Profile Signs. 2. "Is located in the See Exhibit M to Staff Report to Planning Sign Codes ec zoning designation of city center core (CC -C) or Commission (distributed at March 21, 22_1601• commercial enterpriseE1." 2007 public hearing) XIII. NONCONFORMING USE POTENTIAL As a result of the proposed CE zoning, industrial uses would no longer be allowed on property �ot avilow adjoining a low or medium density residential zone. One existing business is known to be affected, an existing steel fabrication plant, located south of South 356`h Street near SR -161 and abutting a medium density residential zoning. However, this business may continue to operate subject to the nonconformance provisions of the code and other applicable regulations. The nonconforming effect is also offset by increased development opportunities for expanded retail and commercial uses available to this (and other CE zoned) property. As noted above, as a result of disallowing senior citizen housing in CE, no existing developments are known to be affected, provided the Mitchell Place senior housing facility is rezoned from BP to multifamily residential, as proposed under the related comprehensive plan amendments. In addition, at this time, there are no known businesses that would be affected by "relocating" adult entertainment uses from BC to CE. Refer to Exhibit J for maps of the area where adult uses could locate under current zoning (BC) and where they could locate under proposed zoning (CE). It should be noted that the above brief analysis does not address potential development -related nonconformances, such as setbacks, height, parking, outdoor storage, fencing, etc. However, in many cases it is expected that such nonconforming development aspects already exist today, and would not be impacted significantly by the code amendments. XIV. STAFF ANALYSIS AND RECOMMENDATION The detailed staff analysis of the zoning text amendments is contained in the above report and summarized below. Staff recommends adoption of the amendments as proposed and analyzed. The staff recommendation is also provided in the form of a proposed motion in Section XV, "Planning Commission Action." The zoning changes are consistent with the comprehensive plan amendments by allowing or encouraging those uses and development that foster or promote the comprehensive plan vision for the subject areas, and disallowing or discouraging those that do not. The proposed mix of uses in the Commercial Enterprise (CE, former BP) zone is consistent with the updated comprehensive plan vision for this zone, by integrating a new mix of retail sales, services, office, and commercial uses into the existing light industrial uses, with other new compatible uses such as bulkibig box retail, gas stations, day care, truck stops, transfer stations, and adult entertainment. Industrial uses continue to be permitted in CE in appropriate locations. The proposed changes in the Community Business (BC) zone are consistent with the updated comprehensive plan vision for BC, which emphasizes mixed-use commercial -residential and related compatible uses, along with the existing predominant mix of retail sales, services, office, Proposed Text Amendments to FWCC Chapter 22, "Zoning" File # 06 -105688 -00 -UP / Doc ID 40034 Planning Commission Staff Report Page 24 and commercial/residential mixed use. The residential emphasis is supported by increasing height, density, and modifying open space requirements for mixed-use residential; allowing compatible, small-scale manufacturing; and disallowing uses that are incompatible with in mixed- use commercial/residential areas, such as truck stops, transfer stations, bulk/big box retail, and adult entertainment. In both zoning districts, hotels/motels are afforded a minor height increase to address identified height -related concerns, while a companion height increase for hotels in the City Center Frame (CC -F) will maintain a height advantage for these taller uses to concentrate in the City Center, as contemplated by the comprehensive plan. The proposed changes to height modification criteria, community design guidelines, landscaping, and other design -related standards will help ensure integration and compatibility of uses and the quality of the built environment. XV. PLANNING COMMISSION ACTION FWCC Chapter 22, "Zoning," Article IX, "Process VI Review," establishes a process and decision criteria for review and adoption of proposed amendments to zoning text. Consistent with Process VI review, the role of the Planning Commission is as follows: • To review and evaluate the zoning code text regarding any proposed amendments; • To determine whether the proposed amendments meet the criteria provided by FWCC Section 22-528; and, • To forward a recommendation to City Council regarding adoption of the proposed zoning code text amendments. Consistent with the provisions of FWCC Section 22-539, the Planning Commission may take the following actions regarding the proposed zoning code text amendments: 1. Recommend to City Council adoption of the FWCC text amendments as proposed; 2. Modify the proposed FWCC text amendments and recommend to City Council adoption of the FWCC text amendments as modified; I. Recommend to City Council that the proposed FWCC text amendments not be adopted; or, 4. Forward the proposed FWCC text amendments to City Council without a recommendation. STAFF RECOMMENDS THE FOLLOWING MOTION: "Move to recommend to the City Council for adoption of the proposed text amendments to FWCC Chapter 22, "Zoning," File No. 06 -105688 -00 -UP, as recommended by staff, and contingent upon adoption of the related comprehensive plan amendments." ...or... as amended by the Planning Commission as follows......" Proposed Text Amendments to FWCC Chapter 22, "Zoning" File # 06 -105688 -00 -UP / Doc ID 40034 Planning Commission Staff Report Page 25 XVI. DECISIONAL CRITERIA FWCC Section 22-528 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendments with the criteria provided by FWCC Section 22-528. The City may amend the text of the FWCC only if it finds that: 1. The proposed amendments are consistent with the applicable provisions of the comprehensive plan; The proposed FWCC zoning text amendments are consistent with, and will substantially implement, the following key goals and policies contained the updated 2006 Federal Way Comprehensive Plan (FWCP), if adopted: Land Use (Chapter 2, FWCP) LUG1 Improve the appearance and function of the built environment. LUP4 Maximize efficiency of the development review process. LUP11 Support the continuation of a strong residential community. LUP13 Distribute park and recreational opportunities equitably throughout the City. LUG3 Preserve and protect Federal Way's single-family neighborhoods. LUP15 Protect residential areas from impacts of adjacent non-residential uses. LUG6 Transform Community Business areas into vital, attractive, mixedOuse areas that appeal to pedestrians, motorists, and residents, and enhance the community's image. LUG4 Provide a wide range of housing types and densities commensurate with the community's needs and preferences. LUP24 Multiple -family residential development should be designed to provide privacy and common open space. Variations in facades and rooflines should be used to add character and interest to multiple -family developments. LUP25 Encourage the establishment of street patterns and amenities that encourage walking, bicycling, and transit use. LUP26 Provide employment and business opportunities by allocating adequate land for commercial, office, and commercial enterprise development. LUP28 Provide for a mix of commercial and residential uses in commercial areas. LUP29 Use Community Design Guidelines to promote common open space, public art, and plazas in commercial and office developments. Proposed Text Amendments to FWCC Chapter 22, "Zoning" File # 06 -105688 -00 -UP / Doc ID 40034 Planning Commission Staff Report Page 26 LUP30 Ensure compatibility between mixed-use developments and residential areas by regulating height, scale, setbacks, and buffers. LUP3I Use Community Design Guidelines to encourage quality design and pedestrian and vehicle circulation in office, commercial, and commercial enterprise developments. LUP32 Use Community Design Guidelines to encourage commercial development to locate along street edge (where deemed appropriate) to provide pedestrian street access. Provide pedestrian access between developments and to transit stations. LUGS Develop a quality commercial enterprise environment characterized by a viable, vibrant, and attractive mix of commercial, retail, office, industrial development, and supportive services. L UP35 Allow abroad and range of commercial, retail, office, industrial, and supportive uses to meet the needs of workers and consumers in well integrated, well functioning, high quality developments. LUP36 Require development to be compatible and well integrated into its surroundings and adjacent uses through site and building design and development standards that reduce or eliminate land use conflicts, nuisance impacts, or critical areas impacts; ensure project aesthetics; promote sharing of public facilities and services;.- and improve vehicular and pedestrian traffic flow and safety, including access control and off-street interconnectivity between adjoining properties where feasible. LUP37 Allow general and specialty retail uses that serve the needs of people employed in the local area, as well as "destination" retail and wholesale businesses that may serve a broader consumer base vis-a-vis the area's convenient access to Interstate 5 and Highway 18. LUG6 Transform Community Business areas into vital, attractive, fixed -use areas that appeal to pedestrians, motorists and residents, and enhance the community's image. LUP38 Encourage transformation of the Pacific Highway (SR -99) Community Business corridors into quality retail/commercial mixed use areas, designed to integrate auto, pedestrian, and transit circulation, and to improve traffic flow and safety, including access control and off-street interconnectivity between adjoining properties where feasible. Continue to utilize Community Design Guidelines to ensure quality site and building design and functional and aesthetic compatibility between uses. Integration of pedestrian amenities and open space into retail and office development should also be encouraged. L UP39 Encourage a range of pedestrian -oriented retail, while continuing to accommodate auto -oriented retail, and provide supportive uses to meet the needs of residents and/or employees in the area. Proposed Text Amendments to FWCC Chapter 22, "Zoning" Fite # 06 -105688 -00 -UP / Doc ID 40034 Planning Commission Staff Report Page 27 Economic Development (Chapter 4, FWCP) EDGI The City will emphasize redevelopment that transforms the City from a suburban bedroom community to a full-service community with an urban core. EDG2 The City will encourage concentration of non-residential development into four primary areas: -High-density mixed-use development in the City Center (312`h and 320`h, SR -99 to I-5) -A mix of commercial, office and retail development in the area around 348`h and SR -99 and around the I-5/SR 18 interchanges -High-quality office park development, including corporate headquarters, continued in and around West Campus -High-quality office development, including corporate headquarters in a park -like campus setting east of I-5 EDP15 The City will continue to utilize design guidelines to enhance the urban environment to retain and attract businesses and residents. 2. The proposed amendments bear a substantial relationship to public health, safety, or welfare; The proposed FWCC text amendments will improve the market responsiveness of the Business Park/Commercial Enterprise zone; increase development opportunities for certain uses, including mixed-use commercial/residential in Community Business; retail sales, services, offices and related uses in BP/CE; and hotels -motels in both zones; ensure integration and compatibility of uses through site and building design standards; protect residential uses from incompatible uses; and implement the 2006 comprehensive plan amendments; which will have a direct relationship to public health, safety, and welfare. And 3. The proposed amendment is in the best interest of the residents of the city. The proposed FWCC text amendments will help revitalize the Business Park/Commercial Enterprise area of the City by expanding the mix of allowed uses allowed in CE, beyond those previously allowed in BP, in order to implement the updated vision for this area of the City; by adding a range of retail, office and commercial uses, for which there is ongoing high demand, to the mix of industrial uses for which there is ongoing low demand. It will also promote co -location of housing with commercial development in BC; expand support services in employment areas; increase pedestrian uses and amenities; and improve the quality and function of the built environment; which is in the best interest of the residents of the City. Proposed Text Amendments to FWCC Chapter 22, "Zoning" File # 06 -105688 -00 -UP / Doc ID 40034 Planning Commission Staff Report Page 28 XVII. EXHIBITS Exhibit A Exhibit B Exhibit C. Exhibit D. Exhibit E: Exhibit F: Exhibit G. Exhibit H. Exhibit I: Exhibit J: 2006 Comprehensive Plan Maps, Existing and Proposed; and Updated Designations, Goals, and Policies (in relevant part) Existing "Business Park (BP)" Use Zone Chart and Proposed Commercial Enterprise (CE)" Use Zone Chart Amendments to "Community Business (BC)" Use Zone Chart Amendment to "City Center -Frame (CC -F)" Use Zone Chart Amendments to "Definitions" (in relevant part) Amendments to "Community Design Guidelines" Amendments to "Landscaping" Amendments to "Outdoor Activities and Storage" Other Related Amendments (in relevant part) Maps Showing Allowed Areas for Adult Uses, Existing and Proposed The following additional exhibits were distributed to the PlanningCommission; introduced into the record during the public hearings and are reflected in the final amendments: Exhibit K: Amendments related to Big Box Retail Exhibit L: Amended Side and Rear Yard Setbacks and Landscape Buffers Exhibit M: Amendments to Sign Code (in relevant part, to allow freeway profile signs in Commercial Enterprise instead of in Community Business) Exhibit N: Gambling Uses in CE Proposed Text Amendments to FWCC Chapter 22, "Zoning" File # 06 -105688 -00 -UP / Doc ID 40034 Planning Commission Staff Report Page 29 Exhibit E (to Staff Report to Planning Commission) Maps Showing Allowed Areas for Adult Uses: Existing (as allowed in BC zone) and Proposed (if, as proposed, adult uses are allowed in the new CE zone and no longer allowed in BC) Doc. I.D. i Areas Where Adult Uses are Permitted in the BC Zone (Approximately 129.39 Acres) IQ CITY OF Federal Way Map Scale: N 0 250 500 Feet I I I 1 ci'sT�Pi BC BC L ,s 3 SUP -_-P — BP co Federai� BCI J - -- — S 3.47 PL - Ss - r - -x--349 Sir . SST S 351 S_T_---- DeRAt VJAI i I � 813 'Q 'Restricted Areas are places within 1,000' of Day Care HBP Zone Public Schools a Parts of BC Zone where Adult Uses Permitted Centers, Public Schools, Place of Worship, and Residential pt Zoning (inside and outside Federal Way). Additionally, JOther Zoning /� Residential Zoning Restricted Areas- Adult Uses are prohibited within 600' of other Adult Uses, which are not shown on the map. Areas where Adult Uses wouldOF �� CITY be Permitted, if allowed in proposed Federal Way Map Scale: Commercial Enterprise Zone N 0 250 500 Feet (Approximately 169.50 Acres) I I �FEDERAL JAY Y BCBP— _. S3 s -r gP. _ BP OP Od A QT BPI i - -Public a �� 'J,�� ;, AcademyBCI - - _ r f$� i OP P, S 347 PL i 3' RAI 314 T -' 13- 8 S 349 85T �r i SSS -- 7� 5351 ST v -- bbl- ANIM LaG BP BP i I i BVl2400 ! , a 'Restricted Areas are places within 1,000' of Day a HBP Zone PUbI1C Schools Areas wh. Adult uses WOULD BE Allowed I Care Centers, Public Schools, Place of Worship, 0 / and Residential Zoning (inside and outside Federal Way). Other Zoning / Residential ZoningRestricted Areas" Additionally. Adult Uses are prohibited within 600' of other EXHIBIT K Amendments Related to Big Box Retail y � v ^ �o DDo �ml��� E' n. ' O o o 0qp C ^ c o o A' 2 6 aci 3 N P w W s. E v G 9 o N O b0 O O a 3.5 N o U O 4 Z :4r Phi U O \M/ '00 o L C o rn 0 Q sc°�'"c .�E v N M�1 E .S y •o x E� v p .Ga c. >, v 3 v G. v r^ V w N o cg eb .3 ^ n U W I t = U U U p � v .� •� o w a�p w a� � O W o.>•Gwo 3 oma ou 'b hMI�I � Cd' s •� � r >—� a c E H� v� 'o d °� 0 0 W b a. %� p 0. 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U SS3303d MalAO-d a o pa)Inbado o .� i p P"=•:Wnw`.:: 3 SNOT Lt+ 1f1J�21 cls :t m o L UN Y N U J N y U U i. N 3 0" J la c c p x `ca to c p T y m N L to N 01) C .- .� N 0. V O. OO c .0 45 N o�v> E Y 7 N J J J 00 N- C u c o.. 'D �. N Q h N-� .D J .V •p C Ln J iy o y .J CO C C= FEDERAL WAY CITY CODE (FW CC) Chapter 22. Zoning "Definitions" (In Relevant Part) Amended 3/14/07 to delete definition of Big Box Retail. The existing code definition of "bulk" retail adequately contemplates such uses, without square footage limits, so the big box retail definition is unnecessary and overly restrictive. 22-1 Definitions. Commercial use means the uses allowed in the commercial zones and the non -industrial uses permitted in the commercial enterprise zone and not permitted in any other zones of the city. Industrial uses means theose uses allowed only in the ill CE zones as listed in FWCC §22-861 through §22-864 and not peffftill of the eity. Industrial -commercial zones means the EW- CE zoning district. Manufacturing and production general means establishments engaged in the mechanical or chemical transformation of materials or substances into new products including the assembling of component parts the .creation of products and the blending of materials such as oils plastics resins or liquors, and is typically carried on for the wholesale market. Manufacturing and production limited means retail establishments engaged in small-scale manufacture, production and on site sales of custom goods and products This classification includes uses such as ceramic studios-, candle making -shops; custom jewelry manufacturing; woodworking and cabinet making; manufacturing of specialized orthopedic appliances such as artificial limbs or braces; dental appliances such as bridges dentures and crowns, production of goods from finished materials such as wood, metal, paper glass leather, and textiles; and production of specialized food products such as caterers, bakeries, candy stores microbreweries and beverage bottlers These uses are distinguished from "manufacturing and production -general" uses by a predominant use of hand tools or domestic mechanical equipment, limited number of employees limited sales volume little or no outdoor storage limited truck deliveries, typical retail hours of operation and obvious retail storefront with a public entrance that is in scale with the overall building and oriented to the right-of-way. (Ord. No. 90-43, § 2(3.10), 2-27-90; Ord. No. 90-51, §§ 1, 2, 3-27-90; Ord. No. 91-87, §§ 2 - 4, 2-5-91; Ord. No. 91-92, § 4, 4-16-91; Ord. No. 91-100, § 4, 6-4-91; Ord. No. 91-105, § 3, 8-20-91; Ord. No. 91-113, §'3, 12-3- 91; Ord. No. 94-223 § 3(A), 10-18-94; Ord. No. 95-24.5, § 3(A), 11-21-95; Ord. No. 96-269, § 3, 6-18-96; Ord. No. 96-270, § 3(A), 7-2-96; Ord. No. 97-295, § 3, 5-20-97; Ord. No. 97-291, §'3, 4-1-97; Ord. No. 97-296, § 3, 6-17-97; Ord. No. 97-3.00, § 3, 9-16-97; Ord. No. 97-307, § 3, 12-16-97; Ord. No. 99-337, § 2, 3-2-99; Ord. No. 99-348, § 2, 9-7-99; Ord. No. 99-353, § 3, 11-16-99; Ord. No. 99-357, § 3, 12-7-99; Ord. No. 00-363, § 2, 1-4-00; Ord. No. 01- 385, § 3, 4-3-01; Ord. No. 02-424, § 3, 9-17-02; Ord. No. 03-443, § 3, 5-20-03; Ord. No. 04-457, § 3, 2-3-04; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 05-506, § 3, 10-18-05; Ord. No. 06-515, § 3, 2-7-06; Ord. No. 06-533, § 5(Exh. A), 9-19-06) 6 v_ N co C y 'O >' C 7 C E F O O O c ° o E v O v d ''d � C_ v N t A A F E 0:2 .+ N (� F O O cd of T a' Q w O N o 3 c Z T� E c c °u' d 2 02 3 c o o E m p `� •o E ai 0 P. p. o U 3 O 'A'' 0 d E o >. E O •� n.F Z ao 2 E a ov N 7 N O > y o d ' 3 �C o co � Q O o$ r- °� a a� o. A �a o ry m P ca T N R p ° E• c -x ' c o R i •� co c o ,� ;O V p d EE,'v Q= y p r I� fyn' c0 v v y .y. 0 7 C {+ G^F O F y N c N Si p E U A N 7 E _ T v T O E C bD2 O' H 'O v a0 n vii .-. _ = N U vi E F acd' N O O 'O '�O -t B 'a w AU N U U N G N V c>e a`3 " vvi zJ td v v o A 0y N a o W v> ayi O O F L d F O a�yD y O 0 Obo > i N Y v D 00 v i1M bo F co jr.-co"v v 7 `'•' U N cva L o s r G y O t ti a DO v H m o 'O C 2 O 1.. O U 5 c' E. E R — N p N ^ Mu t.. T 0 7 F p• tFd R'9 U ^ N> 'O *6 'o d u v W1 w E 3 y dE o 'S C G0 ` o vo '9 p F 0` O N X O' cc y U .�.. E N R N tFtl >' N o p o 4" v E o X T O N o. O E A 0 A 2' C F G P. `v' O .2 N T .0 v +v+ C E v Ea' o ? 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AS INITIALLY PROPOSED, TO 5 FT., AND CORRESPONDINGLY, REDUCES & CLARIFIES LANDSCAPE BUFFERS AFFECTS: FWCC Division 10, "Commercial Enterprise" Use Zone Chart FWCC Article XVII, "Landscaping" Above -Referenced Amended Codes Attacbed Exhibit L, Amended Side & Rear Yard Setbacks... Page - 1 - SIDE & REAR YARD SETBACKS & LANDSCAPE BUFFERS RETAIL (NON -BULK), OFFICE, RESTAURANT, HOTEL/MOTEL EXISTING AND PROPOSED (IN MARCH 14, 2007 STAFF REPORT) Zone Side .& Rear Yard Setbacks Perimeter Landscape Bu ers Existing Pro osed Existing Proposed Community 0 ft. No change 5 ft. along No change Business nonresidential (BC) zones & 15 ft. along residential zones Business. Park 20 ft. for office; 10 ft. for 10 ft. along 5 ft. along (BP -Existing) 10 ft. for all commercial, nonresidential nonresidential zones Commercial other uses; office; except 5 ft. zones, except 5 ft. & streets, and 10 Enterprise except 20 ft. for pedestrian along BP; & 25 along residential; (CE -Proposed) from residential scale retail, ft. along except industrial uses zones office, hotel- residential zones must provide 10 ft. motel; & (regardless of along nonresidential entertainment- use) zones & streets, and generally; 20 ft. 25 ft. along from residential residential zones. zones Findings and Staff Recommendation • In BC, the required setback for these uses is 0 ft. from nonresidential zones and the required buffer is five feet against nonresidential zones. • In CE, the initially -proposed 10 ft. setback was based on the existing (BP) side and rear yard setbacks of 10 ft. for these uses (except office is 20 ft., which is excessive, and was not proposed). • Staff could find no compelling reason to impose greater setback and buffer standards in CE, than applies to comparable uses in BC; so long as larger setbacks and buffers apply adjacent to residential zones and for industrial uses, as reflected in initial proposal. • Therefore, staff recommends a five-foot setback, and five-foot buffer, along nonresidential zones, for these uses, in place of the initially -proposed 10 ft. setback and.buffer. • Staff -recommended amendments are attached, as shown in d�€and double underline. 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Ld h c 'O � azig idl z m y G U y ssaawd ena!na-d panni o o w o ° O DJO N N N ry O 00 Lo ai L o eD Fri5 Y F J OD F LO I N I o � y . F u• A. y y L O N N N O ul�I'J so co ;E x Q rx w J a .cl 4t 'w' CHANGES TO LANDSCAPE CODE, FWCC Article XVII, as noted below: (i) . Commercial Enterprise, CE. (1) Type III landscaping 185 feet in width shall be provided along all property. lines abutting public rights-of-way and access easements, except industrial uses shall provide Type II landscaping 10 feet in width along such property lines: (2) Type I landscaping 45 feet in width shall. be provided along the perimeter of the property abutting a residential zoning district, except industrial uses shall provide Type I landscaping 25 feet in width'along such property lines. (3) Type H landscaping 40§ feet in width shall be provided along the perimeter of the property abutting a nonresidential zoning district, except — industrial uses shall provide Tvne II landscaping 10 ft. in width. (4) Type III landscaping five feet in width shall be provided along all perimeter lot lines except as noted in subsections (i)(1), (2), and (3) of this section. File #06 -105688 -00 -UP Page - 7 - Doc. I.D. 40197 EXHIBIT M AMENDMENTS TO SIGN CODE IN RELEVANT PART (FREEWAY PROFILE SIGNS) Distributed at Planning Commission Hearing 3/21/07 Federal Way City Code (FWCC) Chapter 22. Zoning Article XVIII. Signs 22-1601 Signs in nonresidential.zoning districts. (4) Freeway profile signs. In addition to the categories available in subsections (a)(1) and (2) of this section, a subject property maybe permitted an additional freestanding sign if it meets the following: a. Criteria. 1. Abuts the right -of --way of Interstate 5; 2. Is located in the zoning designation of city center core (CC -C) or eemmunity business (Bq commercial enterprise (CE). b. Sign type. A pylon or pole sign is allowed; provided, that any pylon or pole sign must have more than one pole or structural support, and its design must be compatible to the architecture of the primary structure on-site or to the primary sign(s) . already permitted on the subject property. Alternatively, a pylon or pole sign may have one pole or structural support if it results in superior design, which shall be subject to the director's approval. Sign content for any pylon or pole sign may include center identification signs; provided, however, that all font sizes used are a minimum two feet tall. Any freestanding. freeway profile sign may be an illuminated sign, and/or a neon sign. Animated or moving signs and electronic changeable message signs shall not be permitted. c. Sign. orientation. The sign must be oriented toward I-5, be visible from I-5 (not the off - ramps), and be located near the property line closest to I-5. d. Sign height. If the subject property has an elevation lower than the freeway, a freeway .profile sign shall not exceed 25 feet above the elevation of the nearest driving lane of the freeway at a point nearest to the proposed location of the sign. If the subject property has an elevation that is higher than the nearest driving lane of the freeway, then the sign shall be no taller than 20 feet above the average finished ground elevation measured at= the midpoint of the sign base. However, the maximum height of the sign can be increased to 40 feet above the average finished ground elevation measured at the midpoint of the sign base in order to be visible above trees or other obstructions, subject to the director's approval. The sign - height shall be .measured by a ' licensed surveyor and the applicant shall be responsible for providing the surveyor. e. Sign area. 1. For a subject property with a multi -tenant complex, a center identification sign identifying only the name of the center shall not exceed 600 square feet for the total sign faces, with no one sign face exceeding 300 square feet. 2. For a subject property with a multi -tenant complex, a center identification sign, which identifies businesses within the multi -tenant complex, and which is located 50 feet or less from the advertised activity shall not exceed 600 square feet for the total sign faces, with no one sign face exceeding 300 square feet. 3. For a subject property with a multi -tenant complex, a center identification sign, which identifies businesses within the multi -tenant complex, and which is located more than 50 feet .from the advertised activity shall not exceed 300 square feet for the total sign faces, with no one sign face exceeding 150 square feet. No one dimension of the sign face may exceed 20 feet. 4. For a subject property with a multi -tenant complex, a sign advertising just one business shall be located 50 feet or less from the advertised activity with no one sign face exceeding 150 square feet. Noone dimension of the sign face may exceed 20 feet. Exhibit M, FWCC Chapter 22, XVlll, Signs Page - 2 - File #06 -105688 -00 -UP / Doc ID 40218 5. For a subject property with a single -tenant building, a sign located 50 feet or less from the advertised activity shall not exceed 600 square feet for the total sign. faces, with no one sign face exceeding 300 square feet. 6. For a subject property with a single -tenant building, a sign located more than 50 feet from the advertised activity shall not exceed 300 square feet for the total sign faces, with no one sign face exceeding 150 square feet. No one dimension of the sign face may exceed 20 feet. f. Number of signs. A subject property qualifying for a freeway profile sign may have.only one freeway profile sign per subject property.. The applicant shall be responsible for compliance with 'applicable federal, state and local- laws including Chapter 47.42 RCW and Chapter 468-66 WAC. Exhibit M, FWCC Chapter 22, XVIII, Signs Page - 3 - . File #l06 -105688 -00 -UP / Doc ID 40218 EXHIBIT N GAMBLING USES IN CE (Amended Code Attached) Distributed at Planning Commission Hearing 3/21/07 Exhibit N, Addition to CE/Entertainment (Gambling Uses)... § 22-1 Excavate or excavation means the mechanical removal of soils and/or underlying strata. Family means an individual or two or more indi- viduals related by not more than four degrees of affinity or consanguinity and including persons under legal guardianship, or a group of not more than five persons . who are not related by four or fewer degrees of affinity or consanguinity; pro- vided, however, that any limitation on the number of residents resulting from this definition shall not be applied if it prohibits the city from making rea- sonable accommodations to disabled persons in order to afford such persons equal .opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b). Family child care home means a business regu- larly providing care during part of the 24-hour day to 12 or fewer children (including the children of the day care provider) in the family abode of the person or persons under whose direct care the chil- dren are placed. Fast food restaurant means an establishment which offers quick food service which is accom- plished through one or more of the following mechanisms: (1) Limited menu of easily produced items. (2) Orders are .not taken at the customer's table. (3) Food. is served in disposable wrappings or containers. Fence means a manmade barrier or. wall con-. structed for the purpose of enclosing space. or sep- arating parcels of land. Fill material means dirt, structural rock or gravel, broken concrete and similar structural sub- stances customarily used to raise the level of the ground, but excluding topsoil, bark, ornamental rocks or gravel placed on the surface of the ground_ Finished grade means the final contour of the land surface prior to landscaping. Floor means the horizontal surface inside a structure designed and intended for human use and occupancy. Gambling use means one of those gambling actigvate regulated by the state, e.g., "public card rooms," which involve staking or risking some- thing of value upon the outcome of a contest of chance or a future contingent event not under the person's control or influence, upon an agreement or understanding that the person or someone else (Revised 6/06) 22-8 will receive something of value in the event of a certain outcome. Gambling uses include those uses regulated by the Washington State Gambling Coin - mission with the following exceptions as these uses are defined in Chapter 9.46 RCW: punch boards; pull tabs; bingo games operated by bona fide not- for-profit organizations; limited social games oper- ated by bona fide. not-for-profit organizations; commercial amusement games; .raffles; fund rais- ing events; business promotional contests of chance; sports pools; golfing and bowling sweep- stakes; dice or coin contests for music, food, or beverages; fishing derbies; bona fide business transactions; activities regulated by the State. Lot- tery Commission. Geologically hazardous areas means areas Which because of their susceptibility to erosion, land -sliding, seismic or other geological events are not suited to siting com►nercial, residential or industrial development consistent with public health or safety concerns. Geologically hazardous areas include the following areas: (1) Erosion hazard areas are those areas hav- ing a severe to very severe erosion hazard due to natural agents such as wind, rain, splash, frost action or stream flow. (2) Landslide hazard areas are those areas potentially subject to episodic downslope move- ment of a mass of soil or rock including, but not limited to, the following areas: a. Any area with a combination of: 1. Slopes greater than. 15 percent; 2. Permeable sediment, predominately sand and gravel, overlying relatively impermeable sediment or bedrock, typically silt and clay; and 3. Springs or groundwater. seepage. b. Any area which has shown movement during the Holocene epoch, from 10,000 years ago to the present, or which is underlain by mass wast- age debris of that epoch. c. Any area potentially unstable as a result of rapid. stream incision, stream bank erosion or undercutting by wave action. d. 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C1 U •E a' w a •G_I 0 4 OD 00 O goo w Exhibit C WRITTEN COMMENTS -Letters from Jesse Cherian, ST Fabrication, Inc., dated March 14, 2007; March 15, 2007; March 21,2007; March 23, 2007; and April 6, 2007 -Letter from Bob Wroblewski, dated March 14, 2007 Doc. I.D. Exhibit C to May 21, 2007 LUTC Memo • jCi�Er1:F(y } T' Fabrication, Inca WA State Minoritv Business Enterprise # M4M6818443 AISC Certified Conventional Steel Building Fab Shop: 35703 16th Ave S, Federal Way, WA 98003 iqs Alaska Office: Mailing: P.O. Box 24630, Federal Way, WA 98093+; 1612 Wickersham Dr, Anchorage, AK 99507 Telephone: (253) 735.2000 Fax: (253) 838.6400 '�Y Telephone: (907) 569.6990 Fax: (907) 569.6955 March 14, 2007 Planning Commission - City of Federal Way Community Development Services 33325 8th Avenue South Federal Way, WA 98063-9718 RE: BP/BC Code Amendments Dear Committee Members, We own properties and run multiple businesses on said properties located in the BP zone at 356th and 16th Avenue South. The approximate 16 acres there is surrounded by single family residential along the south border and by multi -family residential along the east border. We have concerns about the language that has removed the residential component from the BP zone. In previous communications with the City, our understanding was that the new zone would have the elements of the BP zone combined with the BC zone to make the best use of the properties for the City growth. We are asking the committee if they have considered that it would be more appropriate to recommend mixed use as a part of the CE zone since the general trend in most of the major construction projects in King County is towards mixed use. This would permit the "mixed-use" element from the BC zone to also be allowed in the CE zone. This would provide a smooth transitional land use between single family zoned and commercial zoned land. Our primary business, ST Fabrication is currently working with several major developers in Seattle, Bellevue, Renton, Kirkland, Mill Creek and Honolulu. In every case, their approach is to mix residential and commercial structures together to make the projects fiscally viable. The current costs of construction and land make the "commercial only" projects tenuous at best and the vacancies in the BC corridor are a testament to that. Projects that have mixed use allow the underlying residential components to offset the commercial component. This is especially true for the parcels that are geographically constrained by topography, or adjacent residential neighbors. We are able to provide the City contact with these developers who are anxious to make such a project happen in Federal Way at our location. These types of urban communities or live -work centers that merge residential and commercial structures is something that would fit the demographic of Federal Way well. We urge the Committee to consider this in the Comprehensive Plan and the proposed zoning changes. Respectfull tZdcaeriarf tion, Inc. 4�f.Y 4 ST Fabrication, Hr3 aAEWn, L >OF , WA State Minoritv Business Enterorise # M4M6818443 AISC Certified Conventional Steel Buildina Fab Shop: 35703 16th Ave S, Federal Way, WA 98003 }' Alaska Office: Mailing: P.O. Box 24630, Federal Way,WA 98093 ¢'`, ,,,+� 1612 Wickersham or, Anchorage, AK 99507 Telephone: (253)735.2000 Fax: (253) 838-6400 Telephone: (907) 569-6990 Fax: (907)569.6955 March 15, 2007 Kathy McClung Director of Community Development Services City of Federal Way - 33325 8th Avenue South Federal Way, WA 98063-9718 RE: 2006 Comprehensive Plan Amendments BP/BC Code Amendments File No's. 05-103609-00-UP/05-103610-00-SE; 06-10105688-00-UP/07-100576-00-SE Dear Kathy, As owners of properties and businesses located within the area designated for the proposed zoning changes to the new CE zone, we formally ask for a modification to the text of the CE zone special regulations as they have been currently presented to the Planning Commission. We read a letter at the public hearing on March 14, 2007 to the PlanningCommission describing our concerns. This generated several questions from the commissioners that we responded to and would like to further address in this request for amendment. During the course of the staff presentation, a new dilemma was presented that we had no prior knowledge to. If the zoning changes go through with the new regulations for CE, it appears that our steel fabrication shops, and the tenants we have for the granite fabricators will now be non -conforming. This became apparent during the follow up questions from the Commission. One of those questions dealt with sound abatement. As you know, ST Fabrication has spent more that $30,000.00 and suffered the loss of much more in lost revenues due to operational slow downs in an effort to study the sound generated from our facilities. This was in an effort to appease the complaints from some of our neighbors to the south. The finding of the sound study (independently contracted with a licensed sound engineer) showed that we were within the WAC standards for our facility and location. We did not come back to the City and ask for reimbursement for these monies spent, or try to recoup our losses from the onerous requests to achieve this study. However, we will not be funding any more sound abatement measures and will continue to operate as allowed by the current regulations. Having said this, we recognize that the best use of the properties in the long-term is not for heavy industrial use next to residential parcel. One of the development projects we considered allowed under the current BP zoning was senior family housing. This is an excellent use of the properties, has good return on investment, and makes sense from a development view. However, as owners, we also recognized that we then would have many more neighbors to the west and the north that would be similarly affected by our r T Fabrication, Inc. WA State Minority Business Enterarise # M4M6818443 AISC Certified Conventional Steel Building Fab Shop: 35703 16th Ave S, Federal Way, WA 98003 $.,; Alaska Office: Mailing: P.O. Box 24630, Federal Way, WA 98093 1612 Wickersham or, Anchorage, AK 99507 Telephone: (253) 735-2000 Fax: (253) 838-6400 Telephone: (907) 569-6990 Fax: (907)569.6955 fabrication facilities. In order to maximize the asset value represented to our companies by the properties, we decided that the best solution would be to sell these properties and move to another location that we have secured in the Pacific/Milton area. In marketing the properties, we contacted many of our clients who are major developers in the area. As stated in the public hearing, we have supplied steel for these developers over the last 3 years for projects totally more than $1 billion in development: Trammel Crow Residential - Alexan Cascade, Seattle, WA State Street Condominium, Kirkland WA, Kirkland Park Condos, Kirkland WA Continental Properties, LLC - Kirkland Central Condominiums, Kirkland, WA Ballard Leary Phase I Ballard Leary Phase II Murray Franklin Companies - Cristalla Condominiums, Seattle WA Avalon Bay Communities - Avalon Meydenbauer, Bellevue, WA In each of these projects that we have built, and dozens of others that we can document, the developers have chosen to do a mixed use project. The first floors are retail and office space, and the higher floors are residential. We are confident that this is the best solution for our properties in Federal Way. At this juncture, development is stopped since the current zoning doesn't allow the mixed use. If it did, we would already by under construction and ST Fabrication would have already moved. It is important to have a transitional land space between the single family residential parcels and the commercial parcels. Properties that adjoin (abutting to, or across from) should be considered that transitional property and be designated as a mixed use. We recommend that the special regulations should be modified to add that properties that adjoin a residential zone (abutting to or across from) are allowed mixed use. Thanks you for your time and consideration. Respectfully, JTe T. Cherian, President abrication, Inc. cc: Lori Michaelson, Margaret Clark, Hope Elder, David Osaki, Merle Pfeifer, Wayne Carlson, Kevin King, Dini Duclos, William Drake, Lawson Bronson, Richard Agnew, Caleb Allen 'J WA State Mlnorltv Business Enterprise # M4M6818443 AISC Certified Conventional Steel Building Shop: 35703 16th Ave S. Federal Way, WA 90003 — ` Alaska Otricc . 1n0: P.O. Box 24630, Federal Way, WA 98093 R 3. �-.^ =' "Ir';; 1612WfckersharnDr,Anchorage, AK 99507 phone: (253( 735.2000 Fax: (2531838-6401) �" -. ��':=::L Telephone: 1907) 569-6990 Fax: (90T) 564-6955 March 21, 2007 Planning Commission - City of Federal Way Community Development Services 333258 lh Avenue South Federal Way, WA 98063-9718. RE: BP/BC Code Amendments and 2006 Comprehensive Plan Ammendments Dear Committee Members, ST Fabrication would like to clarify its position regarding the proposed zoning changes and comp plan. We are not opposed to the CE zoning changes that affect our properties in Federal Way. We agree with the Staff evaluation that the CE zoning will allow for expanded development that will better -fit the demographic of our city. We ask the Commission if they would direct staff to revaluate residential compatibility for the unique tax parcels that are adjacent to or abut the multi -family residential and single family residential portions.of the city, south of 356th Street. We agree with the Staff that residential components should not be considered wholesale across all CE zoning. We believe that the unique parcels in the new CE zone that are transitional properties between the commercial and residential zones are ideal for multi family type housing, or mixed used type structures_ A possible solution that we have discussed is to allow CE zoning along the frontage portions of 356 ' and 161h Avenues and allow multi -family higher density structures behind the commercial buildings along the frontage. Multi -family structures provide a good buffer between single family residences and commercial. properties. At the last hearing, we also described the mixed use application for these properties. Again, -looking at just the properties south of 356 l that are next to the residential area, this would allow a good intermediate structure that would serve as a buffer to the Lowes, Home Depot, and Crossings development. We have included -a few drawings of one of the developer's products that are an example of the type of mixed use structure we feel would work very well at these locations. In order for this kind of development to proceed, the developers that we have communicated with would need some written documentation from the City indicating that mixed-use or multi -family would be an allowed use for these parcels before they would be willing to take on the development costs associated with such a large development. We feel confident that further evaluation of these properties south of 3561h is warranted since they clearly don't fit the typical style of the other properties in the new CE zone.. Respectfully, isse T. Cherian ST Fabrication, Inc. cc: Lori Michaelson, Margaret Clark, Hope Elder, David Osaki, Merle Pfeifer, Wayne -Carlson, Kevin King, Dini Duclos_ , William Drake, Lawson Bronson, Richard Agnew, Caleb Allen Coll /A State Minority Business Enterorise # M4M6818443 AISC Certified Conventional Steel Building Fab Shap: 35707 16th Ave 5, Federal Way, WA 90007 - Alaska Otncc: Matling: P.O. Boz 24630. Federal Way, WA 98091 _ � — 1672 Wickersham Or, Anchorage. AK 99507 ' Telephone: (253) 735-2000 Fax: (2531838-6400 tC,,�.•�^s,�;.. ` 44 Telephone: {907) 569-6990 Far: (907) 569-6955 We feel confident that further evaluation of these properties south of 3561h is warranted since they clearly don't fit the typical style of the other properties in the new CE zone.. Respectfully, isse T. Cherian ST Fabrication, Inc. cc: Lori Michaelson, Margaret Clark, Hope Elder, David Osaki, Merle Pfeifer, Wayne -Carlson, Kevin King, Dini Duclos_ , William Drake, Lawson Bronson, Richard Agnew, Caleb Allen v01 WMVCO-per 0001-OCOtiCi' SN 2Ad NOINlI EbE-53WONNMOI AdMO.1'Td9 � 111 1�!{' 4s�iss zd�x xixnx scndaS ( e t s ee� t -_ cul uGlo Cl �vWP.UP-1 S E , Ii11 f F 3Gn 3XIW - SNOIl13 dn3'AW"IWITabW �I k �••�+ 3N V^v NOINn 6b6 -53WONNMOI AvMO.7•lv9 I'f I (�i: "10! w.ra y� HI)IMA V SInda �I� �y u8asa® �p�ewPve asn a2XIw - a00,74 Nivw LwvN1w113TJd ae �-- ----- •., — --- --- — — — ---•�-------•— Nil � � �g Q N J g yg gg ii9 l,n s� o � s aI a l l 09 §5`a 5a '83 fd,H 9 w W �8 @ a l as ag e�g�3 6• � I i I i � Q i � ^PY oY i HI = ;7 3 1� WA State Minority Business Enteror(se # M4M6818443 AISC Certified Conventional Steel Building Fab Shop: 35703 16th Ave 5, Federal Way, WA 98003Alaska OlOce: Mailing: P.O. Box 24630, Federal Way, WA 98097 `-� ^= ..._ �= '+u "" 1612 Wickersham Or, Anchorage, AK 99507 Telephone: (253) 735.2000 Fac 1253) 838.6400 `' = Telephone: (907) 5696990 Fax: (9071569-6955 March 23, 2007 Kathy McClung Director of Community Development Services City of Federal Way - 33325 81h Avenue South Federal Way, WA 98063-9718 RE: Request for Amendment to Text BP/BC Code Amendments (new CE Zone) Dear Kathy, ST Fabrication is directly affected by the proposed text changes to the new CE zone. While we support the majority of the staff recommendations, there are some issues that provide a grave concern. In the 317/07 draft of existing Division 10 Commercial Enterprise (CE), section 22-861— Manufacturing - fabrication -assembly, it appears that our business as been specifically targeted and will become non- conforming. Special Regulation Note1 states that properties south of 3561h that adjoin a residential line are not allowed the manufacturing and fabrication use that we currently have and operate under. It concerns us that there are no other properties to our knowledge that will be affected by this. Our two tax parcels are clearly being identified as unique, and we agree, they are. They are singularly located between destination commercial businesses such as Lowes, Home Depot, and the Crossings, and the multi -unit housing complexes on our east border and the single family residences on our south border. We request that the new CE zone text be further modified to allow mixed use, multi -unit housing (attached and/or stacked dwelling units), senior housing, and special needs housing) for all properties in the CE zone that are south of 356th that adjoin or abut a residential zone. Discussions with the Staff and the Planning Commission have been favorable and we feel that this is the most expedient solution. Going through a comprehensive zoning change and pushing this out into next years Comprehensive Plan would have great commercial impact on our small business. As you know, we are a Minority Business Enterprise (MBE # M4M6818443) registered with the State of Washington and not a large developer. We don't have the resources to maintain the carrying costs of the undeveloped land and keep our operations as small as they are. For us, the choice is simple 1. Sell our existing properties to one of the many developers who are interested in putting a mixed use or multi -unit housing development project, or some .similar combination of commercial and residential in a attractive community that would greatly enhance the neighborhood and the overall City of Federal Way. This would require the code to be modified as we have requested. Page 1 of 2 -F._ (' :� "ti � F :l l'..vd�66�. 3:4 �: i i7 I9 A'_ Call. -j WA State Minorltv Business Enterorise MW5818443 AISC Certified Conventional Steel BulldinD _ _:. Fab Shop: ]570] 161h Ave S, Federal Way, WA 90007 Alaska Office: :i3 Malting: P.O. Boa 24630, Federal Way, WA 90093 _ _ _ _ - t6t2 Wickersham Dr, Anchorage, AK 99501 Telephone: (257{ 7]5.2000 Fax: 12531838-64110 Telephone_ 1907{ 569-6990 Fax: 1907{ 569.6955 2. Expand our operations in our current location to mitigate the carrying costs of holding the undeveloped land till such time as the zoning can be changed again in 2008 or 2009. This will cost us at least $500,000.00 if it runs into 2008. For us to generate that much more additional income, we would certainly have to grow our business operations at our current location however the new CE zone does not allow us to expand out operations. As we have described in earlier communications with the Staff and the Planning Commission, our prospective buyers for this property all have mixed use and/or multi -unit housing with commercial components along the frontage in mind for this property. They are anxious to be able to commence such a project, but need assurances from the City that this is allowed, not several years from now, but this year. We believe that the Staff agrees that this would be the best solution for the property in principle. We would ask that the Land Use and Transportation Committee would direct the Staff to take whatever emergency steps are required to make this happen in this current session. As I mentioned, we are long time members of the Federal Way community, and we want to see the City grow and improve for the best. We want to be part of the solution to make the City better, but we need your help to make this happen in a timely manner. Sincerely, esse T. Cherian, President ST Fabrication, Inc. cc: Lori Michaelson, Margaret Clark, Hope Elder, David Osaki, Merle Pfeifer, Wayne Carlson, Kevin King, Dini Duclos, William Drake, Lawson Bronson, Richard Agnew, Caleb Allen Page 2 of 2 Si Fabrication, Inc. WA State Minoritv Business Enterprise # M4M6818443 AISC Certified Conventional Steel Building Fab Shop: 35703 16th Ave S, Federal Way, WA 98003 Alaska Office: Mailing: P.O. Box 24630. Federal Way, WA 98093 Alas Wickersham Telephone: (253) 735.2000 Fax: (253) 838-6400 ,3 Telephone: (907) 9 41�iir3 April 6, 2007 ,"'I APR 1 $ 1007 Land Use/Transportation Committee C6* City of Federal Way - 33325 8 l Avenue South Federal Way, WA 98063-9718 RE: Request to Amend BP/BC Code (new CE Zone) Dear Committee Members: �� Attention: Jack Dovey, Eric Faison, and Dean McColgan, We are directly affected by the proposed Amendment of the BP/BC Code and the 2006 Comprehensive Plan. Upon notification of the first public hearing, we have been involved with public comments and letters to the staff and planning commission. We are now asking for the LUTC to intercede on our behalf. Enclosed you will find copies of each of our communications mentioned above to date. Our request to the LUTC is simple. Amend the new CE Zone to allow mixed use, maintaining the residential component that was allowed previously in the BC zone. On numerous communications with the City, we were told that the new BP/BC zone would be a merging of the two codes. The new CE zone doesn't allow mixed use or residential as a component, and this doesn't make sense, especially for properties that are surrounded by residential. The Planning Commissioners' comments all seemed to agree that residential/commercial zoning makes sense for our properties. Staff has indicated that we should simply apply for a rezone and wait for the following year, or year after for the normal process to go through. However, there is tremendous commercial impact to our business if this amendment is allowed to go forward without - modification this year. My company is a Minority Business Enterprise with WA State and employees almost 40 people here in Federal Way. Our company has supplied steel for projects all over the world and we pride ourselves on being a good employer. Our ability to function and grow is stopped by the new CE zone stipulation that properties south of 356th that adjoin residential are not allowed to have fabrication or manufacturing uses. It would make our business a non -conforming site and not allow any expansion. Page 1 of 2 i� Si Fabrication, Inc. cw� WA State Minority Business Enterprise # M4M6818443 AISC Certified Conventional Steel Buitdina Fab Shop: 35703 16th Ave S, Federal Way, WA 98003rl! Alaska Office: Mailing: P.O. Box 24630, Federal Way, WA 98093 ; „ 1612 Wickersham Or, Anchorage, AK 99507 Telephone: (253) 735-2000 Fax: (253) 838.6400 'r'^' Telephone: (907) 569-6990 Fax: (907) 569-6955 The consequence of this is that our 12 acres would continue to sit undeveloped and 2.5 acres of our developed site would sit undeveloped and cost our company in excess of $500,000.00 in 2008 alone to carry our underlying contracts on the properties. These extra carrying costs would have to be mitigated by expanding our operations and increasing production, and eventually make up the additional revenue. If the Council adopts the text changes as is, it will prevent us from generating this extra revenue since the expansion of our operations is prohibited. The commercial impact of this unmodified zoning change would be catastrophic to our small business. Our only solution is to move the business and this requires us to sell our properties. To date, we have spent the last year marketing the property and have always encountered those who are interested in developing it as a mixed use project. They will not proceed unless the City indicates that mixed use is allowed. The growth of these types of projects has been significant in Seattle, Kirkland, Bellevue, Ballard, Honolulu, and we anticipate in Federal Way as well. We urge the Council to modify the CE zoning change to allow the residential components that were allowed in BC into the areas in CE that are south of 356th and that adjoin a residential zone. This would limit residential in CE to the few plots that are affected thusly and will also allow us to successfully make the transition from this property to the next. I am sure that the neighbors who have complained about the industrial site next to their houses would be appeased by having a mixed use project as neighbors instead of a steel fabrication shop. Thank you for your time and consideration in this matter. Sincerely, J se T. Cherian, President T Fabrication, Inc. cc: Kathy McClung, Hope Elder, David Osaki, Merle Pfeifer, Wayne Carlson, Kevin King, Dini Duclos, William Drake, Lawson Bronson, Richard Agnew, Caleb Allen Page 2 of 2 uiti=See Center SHelping People. Changing Lives. Since 1971 1200 S. 336th St., P.O. Box 23699, Federal Way, WA 98093-0699 253/838-6810 • Fax: 253/874-7831 • www.multi-servicecenter.com My name is Bob Wroblewski. I live at 31826 480' Circle SW, the Palisades at Dash Point Condominium. I have been a MSC Board of Director member for then past 6 years, serving as an officer for 4 of those years & correctly I am the Secretary. On behalf of the Board, I would like to thank you for considering our request to have Mitchell Place, a low income senior housing development be zoned Multi Family. We strongly feel this is the right decision. 6b &Ofl�( 3jl4,1u-1 Emergency Shelter, Transitional &Low -Income Rental Housing •Federal Way Food Bank •South King County Clothing Bank � e mmunlry UNITED WAY ACRN xiNc Literacy •Employment Services •Home Energy Assistance Program •Long -Term Care Ombudsman Program l U U'S"" Jap Nn. EXHIBIT D Planning Commission Public Hearing Meeting Minutes Meeting dates: March 14, 2007; March 21, 2007; April 17, 2007 Doc. I.D. Exhibit D to May 21, 2007 LUTC Memo CITY OF FEDERAL WAY PLANNING COMMISSION March 14, 2007 City Hall 7:00 D.M. Council Chambers MEETING MINUTES Commissioners present: Hope Elder, Dave Osaki, Dint Duclos, Merle Pfeifer, Lawson Bronson, and Wayne Carlson. Commissioners absent: Bill Drake (excused). Alternate Commissioners present: Kevin King and Richard Agnew. Alternate Commissioners absent: Caleb Allen (excused). Staff present: Community Development Services Director Kathy McClung, Senior Planner Margaret Clark, Senior Planner Lori Michaelson, Contract Planner Janet Shull, Traffic Engineer Rick Perez, Assistant City Attorney Amy Jo Pearsall, and Administrative Assistant E. Tina Piety. Chairwoman Elder called the meeting to order at 7:06 p.m. APPROVAL OF MINUTES None AUDIENCE COMMENT None ADMINISTRATIVE REPORT None COMMISSION BUSINESS PUBLIC HEARING — Zero Lot Line Townhouses and Small Lot Detached Development Code Amendments Commissioner Osaki announced that he has a working relationship with the proponent and although he doesn't feel it would affect his decision, he has decided to recuse himself., . Ms. Shull delivered the staff report. She handed out a staff memorandum with findings and the staff recommendation. Last week the Commission had asked about the responsibility for maintenance. Staff spoke with the utilities about this question. General maintenance would be the same as that currently for apartments and condominiums. The City can enforce code violations. Whenever possible, utilities in private right-of-way will be privately owned and maintained. Staff recommends adoption of the amendments as proposed with an amendment to Exhibit 4 to change the minimum lot size for Zero Lot Line developments from 1800 square feet to 1500 square feet. The hearing was opened to public testimony. John Potter, Stateside Investments — He is one of the proponents. He agrees with the staff recommendation. KAPIanning Commission\2007\Meeiing Samnnry 03-14-07 duc Planning Commission Minutes Page 2 March 14, 2007 Wally Costello, Quadrant — He is the other proponent. He also supports the staff recommendation. He showed the Commission a preliminary site plan of Quadrant's proposed development. Houses in the middle of the project are alley loaded (garages behind the houses) and the others are street loaded (garages in front). He noted the project has a wetland. He also showed the Commission a picture of front entry homes and one of alley entry homes. Commissioner Duclos asked if this is will be workforce housing. Mr. Costello replied they would be less than the current market, but would not be workforce housing. Commissioner Duclos moved (and it was seconded) adoption of the amended staff recommendation. The motion passed. Commissioner Bronson expressed concern that the public notice was not given for a change to the Public Works Development Standards (on private streets and alleys). Commissioner Carlson expressed concern about the aesthetics of small lot detached dwellings. He encourages that design standards be in place. The public hearing was closed. PUBLIC HEARING — 2006 Comprehensive Plan Amendments and BP/BC Zoning Text Code Amendments Commissioner Osaki returned to the Commission. Commissioner Duclos recused herself because she is employed by the Multi -Service Center and they own Mitchell Place, which is subject to these amendments. Ms. Clark explained that due to the complexity of these code amendments, they will be presented in stages. This evening, staff will present an introduction to the 2006 Comprehensive Plan Amendments and will discuss Chapter Two. In addition, discussion will be held on the BP/BC Zoning Text Code Amendments. The comprehensive plan and BP/BC code amendments are being done in tandem because of their interrelatedness. At the Planning Commission meeting of March 21, 2007, the remaining chapters of the comprehensive plan will be discussed. Finally, at the Planning Commission meeting of April 18, 2007, the seven citizen initiated site-specific comprehensive plan rezone requests will be discussed. 2006 Comprehensive Plan Amendments The city notified all property owners in the Business Park (BP) and Community Business (BC) zoning districts, as well as all property owners within 300 feet of these zoning districts. The proposed changes to these zoning districts require a change to their comprehensive plan boundaries. The BC zoning district boundaries to the north of the area proposed to be changed will remain the same. To date, the city has received no written comments and three phone calls, two of which were in favor of the proposal. The proposed changes to the BP and BC include renaming all BP, and some BC zoned land south of South 339`h Street, to Commercial Enterprise (CE). The BC -zoned land in this area is characterized by bulk and big box retailers, light manufacturing and warehouse uses, and convenient access to I-5 and Hwy 18. (Ms. Michaelson will discuss the specifics of the proposed CE zone during the discussion of the BP/BC Zoning Text Code Amendments later this evening). One proposed change is to not allow residential in the proposed CE zone. This change would make Mitchell Place (a senior housing development currently located in BP) nonconforming. As a result, staff is recommending that Mitchell Place be redesignated from BP to Multifamily (RM 2400, one unit per 2,400 square feet). The majority of changes being proposed for Federal Way Comprehensive Plan (FWCP) Chapter Two are to update demographics related to population and/or employment, in addition to some changes to reflect recent code updates (including the proposed BP/BC Zoning Text Code Amendments) and housekeeping changes. K:Manning Commission\2007Weeting Summary 03-14-07.doc Planning Commission Minutes Page 3 March 14, 2007 BP/BC Zoning Text Code Amendments Ms. Michaelson delivered the staff report. The changes include uses and development regulations. Site design and development standards will be amended for height, setbacks, design guidelines, landscaping, etc. The proposed height increases are not significant, but would allow one or two additional floors. The vision for the proposed CE zone is to accommodate heavier commercial and industrial uses (such as manufacturing and warehouse uses); integrate compatible commercial, office, and retail sales and service; and continue to ensure compatibility with adjacent residential zones through design and development standards. (As mentioned above, residential would not be an allowed use.) The proposed CE zone would continue to be the city's only industrial use zone (e.g. manufacturing, fabrication, assembly, etc.). The BC -zoned area would continue to be characterized as an auto -oriented commercial/retail corridor, with an increased emphasis on mixed-use residential, pedestrian scale uses, and related amenities. For BC, all current uses would remain, with the exception of bulk retail, truck stops, transfer facilities, and adult entertainment (all of which will be allowed in the proposed CE zone). A new use of "limited manufacturing and production" will be added. Body repair and painting shops will be allowed as principal uses, instead of accessory uses to new car sales. Gas stations will be allowed to service commercial trucks as a secondary use, although truck stops will not be allowed. (An earlier proposal to disallow tow and taxi lots was not carried forward.) In addition to the proposal outlined in the March 14, 2007, staff report, staff is recommended that the definition to big -box retail and all references to it be deleted (a handout on this proposal was given to the Commissioners). The reason for this is that the big -box retail definition duplicates the definition for bulk retail and could conflict. Staff noted that without this change, the Safeway on 3201h Street would become nonconforming. The question was raised whether properties in the proposed CE zone would be allowed to have freeway commercial signs. Ms. Michaelson responded that the impact of the code amendments on freeway commercial signs needs to be researched, but a fairly simple resolution is anticipated and she will report back to the Commission on this issue next week. There are a number of amended development regulations, including changing the review process for height modification from Process III to a Director's Decision; reducing the open space for mixed-use residential from 400 to 300 square feet per dwelling unit; changes to the minimum lot size; changes to parking for medical/dental offices; height increases; and a number of other related minor changes. Commissioner Osaki expressed concern that an increase in commercial uses in the proposed CE zone will bring an increase in traffic. Why is there a decrease in the am peak hour trips? How will this affect the city's level of service? Mr. Perez explained that industrial uses have more morning peak hour trips than commercial/retail. With the exception of say coffee shops, people tend to shop, and stores tend to open, later in the day; other than this, retail uses generate more trips overall. There will be an impact to the city's level of service. Mr. Perez has not analyzed what that impact will be, but he expects the city's concurrency process to help. The hearing was opened for Public Testimony. Jesse T. Cherian, ST Fabrication, Inc. — He read a letter into the record. He is concerned that residential (senior housing) will be removed from the allowed uses in the proposed CE zone. He would like to have mixed-use residential allowed in the proposed CE zone. His property is surrounded by residential uses. Redeveloping his property with mixed-use residential would allow a smooth transition between the industrial and residential uses. In his letter, he stated he has spoken to a number of developers about possible development of his property and their approach would be, "...to mix residential and commercial structures together to make the projects fiscally viable." KAPlanning Commission\2007Wc ting Summary 03-14-07.doc Planning Commission Minutes Page 4 March 14, 2007 Commissioner Pfeifer asked Mr. Cherian what he wants to do with his property. Mr. Cherian replied that at first he had planned to stay and conduct his business (which is an allowed use), but now it seems it would be better if he were to sell the property, but as stated in his letter, the developers he has talked to only want to do mixed-use projects. Commissioner Elder asked who came first to the area, residential or industrial uses. Mr. Cherian replied that the property was zoned for industrial, but there was no industrial use on the property when the residential uses were built (his business came later). Commissioner Pfeifer stated that he had heard that there have been complaints from the neighbors about the noise level from Mr. Cherian's business, would he comment? Mr. Cherian replied that he had a study done that shows the business is not violating any codes in regards to noise levels, but this doesn't help the neighbors. Gils Hulsman, Christian Faith Center — He noted that on page 6 of 6 of Exhibit M, the two Christian Faith parcels are divided, leaving them with two different zoning designations. He asked the city to move the boundary line to 3415` so that all of their property will be in one zone. Ms. Clark responded that having those parcels divided was not the city's intent. The city does not want to split the zoning on any parcel. She will ensure that the boundary line is changed. Ron On, K & Y Inc. — He spoke in support of the proposed amendments. He is planning a hotel in the area and the proposed amendments would allow for higher ceilings. He feels he would not be able to develop his property without these amendments. Rob Reuber — He expressed overall support for the proposed amendments. He has been, and continues to be, involved with a number of development projects in the area and feels the proposed amendments will be very helpful. He commented that one of the proposed changes is to change the back setback for proposed CE zone. It would make projects easier to work with if the setbacks are kept the same. He proposes a five foot setback. He also commented that the current height limits are difficult to work with and supports the proposed height changes. Bob Wroblewski, Multi -Service Center, Board of Director's Secretary — Ms. Piety read his letter into the record. His letter expressed support for the rezone of Mitchell Place from BP to Multifamily. Commissioner Pfeifer would like to see casinos allowed. Ms. Michaelson stated that she will research the issues raised this evening and will present the staff's comments next week. The issues include freeway profile signs, setbacks (as raised by Mr. Reuber), and gambling uses in the CE. Staff will also work with Mr. Cherian in regards to his options. The public hearing was continued to Wednesday, March 21, 2007, at 7:00 p.m. in the City Hall Council Chambers. ADDITIONAL BUSINESS None AUDIENCE COMMENT None ADJOURN The meeting was adjourned at 9:45 p.m. KAPIanning Comnussion\2007\Mceting Summary 03-14-07 doc CITY OF FEDERAL WAY PLANNING COMMISSION March 21, 2007 City Hall 7:00 P.M. Council Chambers MEETING MINUTES Commissioners present: Hope Elder, Dave Osaki, Dim Duclos, Bill Drake, Merle Pfeifer, Lawson Bronson, and Wayne Carlson. Commissioners absent: none. Alternate Commissioners present: Kevin King, Caleb Allen, and Richard Agnew. Alternate Commissioners absent: none. Staff present: Management Services Director Iwen Wang, Deputy Community Development Services Director Greg Fewins, Senior Planner Margaret Clark, Senior Planner Lori Michaelson, Traffic Engineer Rick Perez, Parks Planning and Development Manager Betty Sanders, Assistant City Attorney Amy Jo Pearsall, and Administrative Assistant E. Tina Piety. Chairwoman Elder called the meeting to order at 7:06 p.m. APPROVAL OF MINUTES None AUDIENCE COMMENT None ADMINISTRATIVE REPORT None COMMISSION BUSINESS PUBLIC HEARING, continued — 2006 Comprehensive Plan Amendments and BP/BC Zoning Text Code Amendments Commissioner Duclos recused herself because she is employed by the Multi -Service Center and they own Mitchell Place, which is subject to these amendments. BP/BC Zoning Text Code Amendments Ms. Michaelson delivered the staff report. She responded to the suggestion raised at the last Planning Commission meeting to reduce the proposed side and rear yard setback for some uses in the proposed CE zone from 10 to five feet. After researching the issue, staff concluded that there is no compelling reason to impose greater setbacks for pedestrian scale uses in CE than currently apply in those uses BC zone. Therefore, staff recommends a five-foot setback along non-residential property lines for those uses in the CE zone. However, industrial uses would retain the 10 foot setback. In response to the question raised at the last meeting about freeway profile signs, staff recommends that the sign code be changed to allow freeway profile signs in the CE zone and not in BC. This would add only three additional properties (between South 348"' Street and about South 340`h Street) to those that already are allowed freeway profile signs because they are currently zoned BC, and would not impact existing BC property as it would be rezoned to CE. K%Planning Commission\2007\Meeting Summary 03-21-07.doc Planning Commission Minutes Page 2 March 21, 2007 In regards to the ST Fabrication site owned by Mr. Cherian, staff identified two options: continue to allow senior housing in some or the entire CE zone; or consider a future comprehensive plan amendment and rezone that would allow multifamily and/or mixed use (residential/commercial) in portions of the CE zone, such as south of South 356`h Street. A key concern is that residential is not contemplated in the proposed comprehensive plan and vision for CE. In order to make a change that includes residential, staff would have to reanalyze and redraft a number of comprehensive plan policies and codes, and possible re-evaluate the environmental impacts. In addition, residential use in CE would be inconsistent with the preliminary direction from the Land Use/Transportation Committee (LUTC). However, staff agrees that the BP zoned properties south of South 356`h do have unique characteristics and merit consideration of a rezone. Staff does not recommend any changes to the current proposal, but they do suggest Mr. Cherian consider pursuing a site-specific rezone request for the next comprehensive plan updates. In regards to the request at the last meeting that staff consider allowing gambling uses, staff recommends that gambling uses be allowed in the CE zone, but not the BC zone, due to the emphasis on residential in BC. No existing uses would be made nonconforming by this recommendation. 2006 Comprehensive Plan Amendments Ms. Clark delivered the staff report. Chairwoman Elder asked that staff first review Chapter Six, Capital Facilities, so that anyone in the audience who is attending just for the discussion of this chapter need not wait any longer. Ms. Clark commented that most of the proposed amendments to the comprehensive plan chapters are of a housekeeping nature. The majority of proposed changes are to update demographics related to population and employment. There are also proposed changes due to new codes and the Planned Action SEPA for the city center. There are some substantive proposed changes, which Ms. Clark went over while discussing each chapter. Substantive changes for Chapter Six, Capital Facilities, include changes related to the proposed changes to the existing BP/proposed CE and the BC zones. In addition, language was added (policy CFP21) related to the need for structured parking in the city center. The Lakehaven Utility District and South King Fire and Rescue updated their sections. The boundaries for the South King Fire and Rescue were expanded because of the merger with the Des Moines fire department. The meeting was opened for public testimony on Chapter Six and there was no public testimony. Commissioner Carlson asked about the cable service map. Ms. Clark replied that the cable service map was not updated. She also noted that the city will ask Puget Sound Energy to update their section next year. Commissioner Drake asked if the proposed annexation were to happen, what impact would there be on municipal facilities? Ms. Wang replied that currently, the city has about 10 percent of space in City Hall that was set aside for expansion. Staff is also researching leasing space in nearby buildings if needed. There are no substantive changes in Chapter One, Introduction. Commissioner Pfeifer commented that on page 10 of chapter one, in the "Caring for Our Own" paragraph, there is no mention of community health services. He suggests the city add information on medical facilities. Ms. Clark responded that staff can update this paragraph to add medical facilities. Substantive changes to Chapter Four, Economic Development, relate to the proposed BP/BC amendments. The name "Business Park" is proposed to be changed to "Commercial Enterprise." Language has been added to explain the proposed changes. In addition, language was added to state that housing is not compatible with the proposed CE type uses. Commissioner Elder asked, in regards to the ST Fabrication site, if they were to pursue a comprehensive plan site-specific rezone, how long would the process take. Ms. Clark replied that the current comprehensive plan update is for 2004 and 2005 requests. The city will combine the 2006 and 2007 requests and would start the process in September 2007. She noted that ST Fabrication can continue their operation as a nonconforming use. Commissioner Pfeifer asked if the city is still involved in the South King County Technology Alliance, which is listed on page 13 under Summary of Achievements. Ms. Wang responded the Alliance is no K\Planning Commission\2007\Meeting Sutmnary 03-21-07.doc Planning Commission Minutes Page 3 March 21, 2007 longer active and the paragraph will be deleted. Commissioner Bronson commented that he has a concern with adding language that housing is not compatible with the CE zone. Ms. Clark commented that the city's vision for the CE zone is for heavier industrial uses. Substantive changes to Chapter Seven, City Center relate to proposed new policies intended to stimulate development and redevelopment in the city center. In addition, language was added related to the need for structured parking in the city center. Commissioner Pfeifer asked how the city plans to get pedestrians across South 320`h South and Pacific Highway South. Mr. Perez noted that one of the city center maps proposes grade -separated (bridges) pedestrian crossings. This is a very expensive solution (some $3 million a piece). One reason they are so expensive is that the Americans with Disabilities Act (ADA) requires that they have an elevator on each side. Maintenance and upkeep would be an additional cost. A less expensive alternative would be to wait until we have taller buildings and build bridges between the buildings. Mr. Perez commented that staff is constantly working on the timing of the traffic light signals to allow adequate time for pedestrians, while at the same time not making the cars wait for too long. In addition to text changes, there are proposed changes to the maps throughout the comprehensive plan. Most of these are formatting changes and to reflect new city limits based on the 2005 annexation. Some maps were changed in size from 11 x 17 to 8'/z x 11. Some maps were changed from landscape to portrait. A new parks map was added to chapter six that shows locations of public open spaces in the city center. The South King Fire and Rescue map in chapter six shows their expanded boundaries. A map was added to chapter seven of the Planned Action SEPA area. The Enhanced Street Network map in chapter seven was changed to reflect recent and proposed improvements. The city center map in chapter seven was replaced and the entire city center is shown as potential location for city center public spaces. The phasing concept map (1995-2010) in chapter seven was changed to reflect recent and proposed improvements. The meeting was opened for Public Testimony. Jessie Cherian, ST Fabrication — He read a prepared statement. He is not opposed to the proposed CE zoning. He agrees it would be better. He would like residential to be allowed in a particular area. Residential should not be allowed in the entire proposed CE zone. He feels multifamily structures provide a good buffer between houses and other uses. He said that the developers he has talked to have stated they would need written authorization from the city that mixed-use would be allowed on his property before they would consider buying it. The timing for a site-specific rezone (as recommended by city staff) is a serious consideration. Like Mitchell Place, ST Fabrication is at the end of the zone and it makes sense to him that this area could have mixed-use. There was no additional public testimony. Ms. Pearsall explained that this public hearing has several sub -topics, BP/BC Zoning Text Amendments, changes to chapters of the comprehensive plan, and site-specific rezoning requests (to be discussed April 18"i). All sub -topics should move forward as a whole. The Commission could vote on the zoning text amendments, as long as the motion states approval is contingent upon adoption of the related comprehensive plan amendments. Commissioner Pfeifer moved adoption of the staff recommendation for the text amendments and comprehensive plan and it was seconded. However, Commission Osaki noted that the Commission has not discussed all of comprehensive plan and therefore, are not ready to vote upon the comprehensive plan and Commissioner Pfeifer withdrew his motion. Commissioner Carlson complimented the staff on their work and stated he feels comfortable with the direction of the BP/BC Zoning Text Amendments. He agrees that housing in BP (proposed CE) is an anomaly. He suggested the staff consider the idea of allowing mixed-use residential in the "edges" of the proposed CE zone. He does not think it is a good idea to add mixed-use residential without additional research. KAPIa ring Com ission\2007\Meeting Summary 03-21-07 doc Planning Commission Minutes Page 4 March 21, 2007 Commission Bronson also complemented the staff on their work, but stated he does not see a problem with housing in the proposed CE zone, having lived in Ballard where there is housing and industrial uses side-by-side. The public hearing was continued to Wednesday, April 18, 2007, at 7:00 p.m. in the City Hall Council Chambers. ADDITIONAL BUSINESS None AUDIENCE COMMENT None ADJOURN The meeting was adjourned at 8:36 p.m. K:\Planning Conmiission\2007\Meeting Summary 03-21-07 doc CITY OF FEDERAL WAY PLANNING COMMISSION LD) April 18, 2007 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: Hope Elder, Merle Pfeifer, Lawson Bronson, and Wayne Carlson. Commissioners absent: Dave Osaki, Dim Duclos, and Bill Drake (all excused). Alternate Commissioners present: Kevin King, Caleb Allen, and Richard Agnew. Alternate Commissioners absent: none. Staff present: Community Development Services Director Kathy McClung, Senior Planner Margaret Clark, Senior Planner Lori Michaelson, Contract City Attorney Amy Jo Pearsall, and Administrative Assistant E. Tina Piety. Chairwoman Elder called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES Commissioner Bronson moved (and it was seconded) to approve the minutes of March 7, 2007, March 14, 2007, and March 21, 2007, as presented. The motion passed, no nays. AUDIENCE COMMENT None ADMINISTRATIVE REPORT None COMMISSION BUSINESS PUBLIC HEARING, continued — 2006 Comprehensive Plan Amendments and BP/BC Zoning Text Code Amendments Ms. Clark gave an overview of the issues the Commission has discussed to date. She explained that this evening the Commission will discuss the seven site-specific rezone requests and gave an overview of those requests. Staff recommends approval of all seven requests. Chairwoman Elder expressed concern that for Site -Specific Request #2, Trimble, the City Council chose to include two adjacent parcels that were not part of the original request and the owners of those parcels have informed the City that they do not want their parcels rezoned. She doesn't think the City should rezone property the owners have stated they don't want rezoned. Ms. Clark replied that because of the characteristics of these parcels, the rezone would not be a substantially change; it would result in only a name change for these two parcels. Ms. Pearsall commented that if the Commission should make a decision to not include these parcels, the City would have to analyze if not including them would result in spot zoning. Commissioner Agnew asked if there would be property tax implications if the properties were to be rezoned. Ms. Clark replied that she believes that the zone of a parcel is not a factor for assessing property tax; it is based on the value of buildings (or lack thereof). KAPIanning Commission\2007\Meeting Summary 04-I8-07 doc Planning Commission Minutes Page 2 Public Testimony April 18, 2007 Vilma Taylor — Applicant for Site -Specific Request #5, Taylor, She commented that she is requesting this rezone so that her property would no longer be nonconforming. Barbara Napier — She spoke regarding Site -Specific Request #6, Lifeway Church. She agrees with the staff recommendation and thanked the staff for their work. When asked if they want to build a church, she responded that they do want to build a church and hope to use the funds generated by subdividing the property to finance the church. Doran Reano — He lives on 54`'' Avenue SW and spoke regarding Site -Specific Request #2, Trimble. He commented that he had purchased his property because it was relatively undeveloped and he felt the area would not be built-up. He doesn't feel that the rezone would be a benefit to the neighborhood. They already receive a lot of traffic and noise in the area because of Dash Point State Park and are afraid this rezone would increase the traffic and noise. If they loose the trees between the neighborhood and the park, than campers and houses would be looking at each other. This part of SW 320`h Street is very short and people dump their cars and garbage there. Currently, they know who drives by, but this request would change that. There is a lack of support from the City to maintain the roads in the area; they still have debris due to last winter's windstorm. Under King County the zoning was 9.5 and he feels it was zoned Suburban Estates when the City incorporated in order to preserve the area and because it is close to the Dash Point Park campsite. Cheryl Harris — Owner of one of the parcels incorporated into Site -Specific Request #2, Trimble. She agrees with Mr. Reano. Currently, they have a buffer to the park, but she fears they will lose it. When she purchased the property she was assured there would be no further building in the area. She is also concerned about the effect upon the wildlife in the area (such as eagles and owls). She asked how would people access the new homes, would 320'h be extended? Ms. Clark replied that the City does not have a proposed site plan, but they would likely be developed as flag lots. Jessie Cherian — He is the President of ST Fabrication. He read a prepared statement that he also handed out to the Commission (attached). He is requesting that the proposed Commercial Enterprise (CE) zone allow residential mixed-use. He stated it doesn't make sense to not allow residential mixed-use, especially for properties surrounded by residential. The ability of his business to function and grow would be stopped by the proposed CE stipulation that properties south of 356`h that adjoin residential will not be allowed fabrication or manufacturing uses. The consequence is that much of the property would sit undeveloped and over the next three years, cost the company millions. The only solution is to move the business, but the only developers interested in the property want to do mixed-use projects. He suggests that residential mixed-use be allowed in the proposed CE zone for areas south of 3561" that adjoin a residential zone. Their neighbors would be appeased by having a mixed-use project as a neighbor instead of steel fabrication. Cameron Smock— He is the applicant for Site -Specific Request #4, Washington Memorial Park. He is in favor of the stat#' recommendation and thanked the staff for their work. He stated the proposed rezone does not adversely impact the property in any way. Danny Altizer — He is the Windermere agent for ST Fabrication. He stated that residential mixed-use would be the best way to market the property. He had been told that they would receive the best of both worlds with the proposed CE zone, but now the residential portion has been left out. The only interest they have received is from those who want residential mixed-use projects. K\PIanning Commission\2007\Meeting Summy 04-18-07 doc Planning Commission Minutes Page 3 April 18, 2007 Wally Costello — He is the applicant for Site -Specific Request #1, Quadrant. He supports the staff recommendation and would be happy to answer any questions Commissioners may have. (There were no questions.) Terry Trimble — He is the applicant for Site -Specific Request #2, Trimble. The property is well -wooded, which is why he purchased it in the first place. He comes from Alaska and wants relatively rural property. He would never strip the property of all its trees. His vision is to build a home on the back portion of his property that would not affect other properties. He has spoken to Hannah Rowe and Cheryl Harris (owners of the additional parcels) and assured them that he, Mr. Trimble, would pay any costs associated with this rezone request. There has been concern raised that four to five houses might be built as a result of this rezone and Mr. Trimble wants to assure people that he intends to have no more than two homes on his parcel. The area is served by septic systems and that limits the number of homes that can be built. He hasn't considered the question of access. He has lived here near Dash Point Park for some 12 years and while he can hear people in the park, he cannot see them. He also commented that the amount of noise has not been a problem. He doesn't plan on spending a lot of money on this project (being retired he doesn't have a lot to spend), and that would also limit the amount of homes built. Cheryl Harris — She has talked to those who hold the Power of Attorney for Hannah Rowe (they didn't attend because they didn't think they could since they are not the property owners) and they stated that they had considered bringing water and sewer into the area. The cost would have been astronomical. It would not be feasible to bring more than one home into the area. Public testimony was closed. The Commission decided to vote separately on each aspect of the 2006 Comprehensive Plan Amendments and BP/BC Zoning Text Code Amendments. Site -Specific Rezone Request #1, Quadrant Commissioner Bronson moved (and it was seconded) to recommend the City Council adopt the staff recommendation. The vote was held and the motion passed; no nays. Site -Specific Rezone Request #2, Trimble Commissioner Pfeifer moved (and it was seconded) to recommend the City Council adopt the staff recommendation. The vote was held and the motion passed; no nays. Site -Specific Rezone Request #3, Gramor Commissioner Bronson moved (and it was seconded) to recommend the City Council adopt the staff recommendation. The vote was held and the motion passed; no nays. Site -Specific Rezone Request #4, Washington Memorial Park Commissioner Carlson moved (and it was seconded) to recommend the City Council adopt the staff recommendation. The vote was held and the motion passed, no nays. Site -Specific Rezone Request #S, Taylor Commissioner Pfeifer moved (and it was seconded) to recommend the City Council adopt the staff recommendation. Commissioner Pfeifer asked if Pat's Plumbing was notified of this rezone request. Ms. Clark replied that she had spoken to Pat early in the process and she would have been notified as part of the 300 -foot notices. The vote was held and the motion passed; no nays. KAPIanning Cor fission\2007\Meeiing Sunnnary 04-18-07 doc Planning Commission Minutes Page 4 April 18, ZU07 Site -Specific Rezone Request #6, Lifeway Church Commissioner Pfeifer moved (and it was seconded) to recommend the City Council adopt the staff recommendation. Commissioner Carlson commented that this parcel is in an area the City is contemplating for an area -wide rezone and he believes this request should be part of that process so that the rezone is done in a more comprehensive manner. The vote was held and the motion failed; three yes, one no. The item moves forward with no recommendation. This is a land use Process IV review and a majority vote of the entire membership (four of seven members) is necessary to recommend approval of an item referred to the Commission for Process IV review. Site -Specific Rezone Request #7, Waller Road IV Associates Commissioner Bronson moved (and it was seconded) to recommend the City Council adopt the.staff recommendation. The vote was held and the motion passed; no nays. BP/BC Zoning Text Code Amendments Ms. Michaelson had no staff report (in addition the previous reports), but she did have a handout and overview of a proposed minor text change dealing with the location of industrial uses in the CE zone. The proposed change affects Special Note #1 of the CE Use Zone Chart, Sections 22-861, -862, -863, and -864. It is proposed to replace the words "south of south 356`' Street," with "low or medium density residential zones." The modified text more accurately reflects the code intent to protect such zones from the impacts of industrial uses wherever they occur in the CE, not just south of South 356`" Street. The change would still not allow industrial uses on most properties located south of South 356`" Street (except between Enchanted Parkway and I-5), so ST Fabrication would still become nonconforming. The change would also not allow industrial uses on properties west of Highway 99 between South 348" and 356"' Streets. However, the effect is minimal, as most of these properties are unsuitable for industrial uses, as they are already developed or constrained by critical areas or property size. No other changes are proposed to the previous staff recommendation, which now awaits Planning Commission discussion and action. Commissioner Bronson requested further discussion about allowing residential mixed-use (specifically senior housing and special needs) on properties south of South 356`h Street. Commissioner Carlson commented that he does think residential mixed-use development is appropriate south of South 356h, if adjacent to low or moderate residential zones. Commissioner Bronson commented that he is not happy when a use is made nonconforming. He does not see a problem with residential next to industrial. There would be problems and issues, but these can be worked out. Commissioner Pfeifer asked Mr. Cherian to clarify his intentions. Will he sell the property? Jessie Cherian — He stated that because of the zoning change and complaints from the neighbors, he will move the business. He needs to sell the property, but as he has stated before, the prospective buyers (they have four standing offers) want to be able to do residential mixed-use projects. Staff has suggested he seek a rezone for his property, but it would not be financially feasible for him to stay for the years this process would take. Commissioner Bronson moved (and it was seconded) to recommend the City Council adopt the staff recommendation with a modification to allow residential mixed-use on properties south of South 3560' Street that adjoin/abut residential zones. Commissioner Pfeifer asked would it be possible to apply the modification to just the ST Fabrication property. Ms. Pearsall replied that the modification as proposed would do just that. Commissioner Carlson asked what kind of density is proposed for the modification: eight units? 30 units? He asked if staff has analyzed the effects of such a change. Ms. Michaelson commented that under current BP zoning, only senior housing is allowed, with no specific density limit. The relevant chapters of the 2006 comprehensive plan have been amended to state that residential is not contemplated in CE due to industrial and other incompatible uses. Also, SEPA review did not consider residential uses. Commissioner Pfeiffer stated he thinks there should be a more comprehensive review of the impacts of allowing residential in the CE zone: density, development regulations, etc. The vote on the modification was held and the motion failed; two yes, two no. K.\PIanning Connission\2007\Meeting Summary 04-18-07 doc Planning Connnission Minutes Page 5 April 18, 2007 Commissioner Bronson moved (and it was seconded) to recommend the City Council adopt the staff recommendation. The vote was held and the motion failed; three yes, one no. (The motion failed because it needed four yes votes to be approved.) This item will move forward with no recommendation. 2006 Comprehensive Plan Amendments — Area Wide Rezone This item is a change of the boundaries of the BC/CE zoning districts and a rezone of Mitchell Place to RM2400. Staff stated that the map had been changed to retain RM3600 zoning for the roadway parcel owned by Christian Faith Center. Commissioner Pfeifer moved (and it was seconded to recommend the City Council adopt the staff recommendation, with the proposed change to retain RM3600 zoning for the roadway parcel owned by the Christian Faith Center. The vote was held and the motion passed; no nays. 2006 Comprehensive Plan Amendments — Chapter and Map Changes Commissioner Bronson moved (and it was seconded to recommend the City Council adopt the staff recommendation for the comprehensive plan map changes for chapters 3, 8, 9, and 10. The vote was held and the motion passed; no nays. Commissioner Bronson moved (and it was seconded to recommend the City Council adopt the staff recommendation for the comprehensive plan chapters 1, 2, 4, 6, and 7, and the table of contents. The vote was held and the motion passed; no nays. The public hearing was closed. ADDITIONAL BUSINESS The next Commission meeting is May 2"d. It will be a public hearing on amendments to the Conditions of Approval for the Village at Federal Way (Kilt's Corner) project. AUDIENCE COMMENT None ADJOURN The meeting was adjourned at 9:05 p.m. K\Planning Commissionl2007%Mecting Summary 04-18-07 doc