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HomeMy WebLinkAboutLUTC PKT 02-04-20084, 2008 . 11 City of Federal Way City Council Land Use/Transportation Committee MEETING AGENDA City Hall Council Chambers 1. CALL TO ORDER 2. APPROVAL OF MINUTES: January 14, 2008 3. PUBLIC COMMENT (3 minutes) 4. BUSINESS ITEMS A. Ming Court Clearing Request Action 15 min/Barker B. Joint Construction Agreement with Qwest for the Construction of the Action 5 min/Mulkey S 348b Street HOV Lanes Project Action 5 min/Mulkey C. S 348`h Street HOV — Bid Award D. 10th Ave S Stormwater Trunk Replacement Project - 85% Design Action 5 min/Bucich E. Status Report 260' Ave SW Stormwater Modification Project; Project Acceptance Action 5 min/Bucich F. Lake Jeane/Lake Lorene Outlet Improvements Project; 100% Design Action 5 min/Bucich Status Report and Authorization to Bid 10 G. Application of Department of Ecology NPDES Grant Action min/Bucich H. Evidence Building Generator — Bid Award Action 5 min/Miller I. Historical Street Name Signs Action 5 min/Perez J. 2008 Comprehensive Plan Amendments Action 20 min/Conlen 5. FUTURE MEETINGS/AGENDA ITEMS 6. ADJOURN City Staff Committee Members Cary M. Roe, P.E., Assistant City Manager/Emergency Manager Linda Kochmar, Chair Darlene LeMaster, Administrative Assistant II Jim Ferrell 253-835-2701 Dini Duclos G:ILUTCILUTCAgendas and Summaries 10080-04-08 LUTCAgendadoc January 14, 2008 600 m City of Federal Way City Council Land Use/Transportation Committee MEETING MINUTES City Hall City Council Chambers In attendance: Committee Chair Jack Dovey, Committee Member Linda Kochmar, Council Member Jim Ferrell, Assistant City Manager/Chief Operations Officer/Emergency Manager Cary Roe, Deputy Public Works Director Ken Miller, City Staff Attorney Monica Buck, Surface Water Manager Paul Bucich, `City Traffic Engineer Rick Perez, Acting Direct of Community Development Services Greg Fewins, Senior Planner Deb Barker, Senior Traffic Engineer Raid Tirhi and Administrative Assistant II Darlene LeMaster. 1. CALL TO ORDER Committee Chair Dovey called the meeting to order at 6:03 p.m. 2. APPROVAL OF MINUTES The December 17, 2007 LUTC meeting minutes were approved. Moved: Kochmar Seconded: Dovey Passed: Unanimously, 2-0 3. PUBLIC COMMENT There was no public comment.. 4. BUSINESS ITEMS A. S 308`h Street Stormwater Facility modification Project — Project Acceptance Paul Bucich provided backg4round information on this item. There was no discussion. Moved: Kochmar Seconded: Dovey Passed: Unanimously, 2-0 Committee PASSED Option 1 to the February 5, 2008, City Council Consent Agenda for approval. B. Wildwood NTS — S 298th Street (Military Road to 25`h Avenue S) Raid Tirhi provided background information on the item. Discussion ensued. Committee Member Kochmar asked about the public response to the Neighborhood Traffic Safety meeting. Mr. Tirhi responded that of the approximate 20-25 residents that attended the Neighborhood Traffic Safety meeting, only one person voiced oposition. Committee Chair Dovey inquired as to how this specific NTS project was initiated. Mr. Tirhi explained that it was initiated by a resident. The current NTS process was followed. Chair Dovey commented that he would like to see public outreach improved. Mr. Perez commented that over time, Council has become less stringent on criteria and the voting process. ACM Roe also commented, saying that all neighborhood traffic safety meetings are well advertised and well in advance of each meeting. The meeting date is established by the community, not by the City. Moved: Kochmar Seconded: Dovey Passed: Unanimously, 2-0 Committee PASSED Option 1 to the February 5, 2008, City Council Consent Agenda for approval. C. NTS Policy Revision Raid Tirhi provided background information on the item. Committee Chair Dovey noted that as staff asks to increase the budget limit for each neighborhood from $10,000 to $15,000, allowing for three to four speed humps per neighborhood, this requested budget may not be enough and staff would then need to return to the committee and ask for more money. At $4,200 per speed hump, why did staff pick $15,000 instead of $16,800? Mr. Tirhi explained that the average number of speed humps necessary to be effective is typically three, which would be within the $15,000 budget. Staff also considered other factors that increase the price: a fourth speed hump, speed table, raised crosswalk, etc. Neighborhoods typically ask for G.\LUTC%LUTC Agendas and Summaries 2008\01-14-08 Minutes.doc Pa Land Use/Transportation Committee >;e 2 January 14, 2008 more speed humps than are necessary. The proposed $15,000 neighborhood budget would allow for the occasional increase in overall cost of a neighborhood project, but also discourage installing an unnecessary number of speed humps. Staff anticipates staying within the overall budget for the program on an annual basis. ACM Roe added that with the increasing construction costs and price of asphalt, staff will be asking for an increase in the overall budget for this program in the 2009/2010 budget cycle. Council Members discussed the various aspects of allowing one or two votes per household and which options seemed most problematic. After much discussion, the Committee members recommended amending the NTS revisions to allow for one vote per residence. The motion will be amended to read, "I move to authorize the proposed NTS program revisions, with the following revision: 'only one ballot will be issued per housing unit (home, condominium or apartment)."' Moved: Dovey Seconded: Kochmar Passed: Unanimously; 2-0 Committee PASSED Option 1 to the February 5, 2008, City Council Consent Agenda for approval. D. Ming Court Request to Amend Preliminary Plat conditions Deb Barker provided background information on the item. This item is not for action. Staff is seeking the committee's input on a modification to a preliminary plat and how to process this request. There were two public comments on this topic. Lawson Bronson, Planning Commission - Commented that the issue being discussed before the committee with regards to Ming Court is problematic with the Planning Commission's current agenda. Jody Odegaard, Norris Homes, represents the developer of Ming Court — Reiterated Norris Homes' position in their request as illustrated in the exhibits presented, requesting to clear the site in advance of the final plat application and any building permits being issued. After much discussion, the Committee requested that this item be brought back before the Committee at the February 4, 2008 LUTC meeting as an action item. Prior to the February 4, 2008 LUTC meeting, staff will work with the developer to identify and take down any tree within the black area of the plat diagram that poses a safety issue. The topic for consideration at the next LUTC will be the developer's request to mass clear the plat, clearing all trees at one time, including all significant trees. The residents of the neighborhood surrounding the proposed plat will be notified of the applicant's request for the modification of a preliminary plat as well as the upcoming LUTC and Council meetings via a Public Notice prior to the February 4, 2008 LUTC meeting. 5. FUTURE MEETING 6. ADJOURN The meeting adjourned at 7:22 PM. G.\LUTC\LUTC Agendas and Summaries 2008\0614-08 Minutes.doc COUNCIL MEETING DATE: February 19, 2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Ming Court Preliminary Plat Modification, File Number 00 -102793 -SU POLICY QUESTION: Shall the City Council approve a request to amend the Ming Court Preliminary Plat and revise Condition #1 to permit site clearing and tree replacement in advance of final plat approval? COMMITTEE: LAND USE AND TRANSPORTATION COMMITTEE (LUTC) MEETING DATE: Feb 4, 2008 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: DEB BARKER, SENIOR PLANNER DEPT: CDS Attachments: Draft Resolution, and January 30, 2008 memorandum, with attachments to City Council Land Use/Transportation Committee. STAFF RECOMMENDATION: Staff recommends that the Land Use and Transportation Committee (LUTC) forward to the City Council a recommendation to approve a requested modification to the Ming Court Preliminary Plat Condition #1. CITY MANAGER APPROVAL DIRECTOR APPROVAL: dee Council 4ottee Council COMMITTEE RESPONSE: I MOVE TO FORWARD THE RESOLUTION AMENDING THE MING COURT PRELIMINARY PLAT RESOLUTION #05-442, TO MODIFY CONDITION #1, TO THE FEDERAL WAY CITY COUNCIL AND PLACE IT ON THE CITY COUNCIL MEETING AGENDA OF FEBRUARY 19, 2008. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: I MOVE APPROVAL OF THE RESOLUTION AMENDING THE MING COURT PRELIMINARY PLAT RESOLUTION #05-442 AND CONDITION #1. (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 # Doc. I.D. 43911 A CITY OF Federal Way CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES MEMORANDUM TO: Linda Kochmar, Chairperson Land Use and Transportation Committee FROM: Greg Fewins, Director of Community Developme ervices Deb Barker, Senior Planner 1A VIA: Cary M Roe, P.E., Assistant City Manager, Public Works Director 1%G� RE: Modification to Ming Court Preliminary Plat Condition #1 File #00 -102793 -SU, 07 -103195 -00 -AD DATE: January 30, 2008 I. STAFF RECOMMENDATION Staff recommends that the Land Use and Transportation Committee (LUTC) forward to the City Council a recommendation to approve the Ming Court Preliminary Plat Condition #1, modified as follows: #1: "Clearing limits for the construction of the plat improvements (roads, pond, and utilities) shall be generally consistent with the clearing limits depicted on the Conceptual Drainage Plan of Ding Court, plan page CLO, dated March 19, 2004, and prepared by Sitts and Hill Engineers, Inc. (Exhibit A). The clearing limits on the plan sheet referenced above are the approximate clearing limits necessary for roads, utilities, and pond. The elea-r-ing and g -..ding i;,.nits on the approved,.. plan , be edif°a , approval 4A the a fthe red to ,.ef,eet ,.hanges ; ad and tAility designs, ;fan5 Prior to final plat Vproval the developer may clear all vegetation from all buildinglots, ots, provided that prior to commencement of any clearing activity, the applicant shall submit the followingitems tems to the City for review andVproval: (1) an erosion and sedimentation control plan consistent with KCSWDM Appendix D for the newly disturbed areas to demonstrate site stabilization; (2) a written commitment to make every effort to commence house construction activity within 90 calendar days of receiving final plat approval; (3) to reflect the applicant's desire to retain significant trees on the subject site, an arborists report prepared to recommend what can be done to maximize the survival of retained significant trees and denotes specific tree protection methods, which shall also be depicted on the erosion control plan, and (4) a professionally prepared planting plan that depicts fourteen (14) replacement trees, sized in accordance with FWCC replacement tree standards, planted on lots depicted on the Ming Court Significant Tree Removal/Replacement plan prepared by Norris Homes. "' This underline and strikeout format depicts the text of the existing condition, the text proposed to be eliminated and the text proposed to be added. II. SUMMARY OF PROPOSAL The developer has proposed a modification to the Ming Court Preliminary Plat Condition #1, originally approved on March 15, 2005, by the Federal Way City Council (Exhibit 1). The condition is proposed to be modified in order to change the clearing limits of the approved preliminary plat so that the applicant can remove existing vegetation from lots 1 through 15 prior to issuance of building permits for new houses, and prior to final plat approval. This includes removing many if not all of significant trees from lots 7, 8, 9, 10 and 11; tree retention as appropriate; removal of all other nonsignificant trees and vegetation from lots 1 through 15; and mitigation of the removed significant trees with fourteen replacement trees to be located on lots 1, 2, 3, 4, 5, 10 and 15 (Exhibit 2). M. BACKGROUND Preliminary plat conditions of approval for Ming Court Preliminary Plat included Condition #1 which states: Clearing limits for the construction of the plat improvements (roads, pond, and utilities) shall be generally consistent with the clearing limits depicted on the Conceptual Drainage Plan of Ming Court, plan page C1.0, dated March 19, 2004, and prepared by Sitts and Hill Engineers, Inc. (Exhibit A). The clearing limits on the plan sheet referenced above are the approximate clearing limits necessary for roads, utilities, and pond. The clearing and grading limits on the approved plan may be modified with the approval of the Community Development and Public Works Departments during final engineering plan review as required to reflect changes in road and utility designs, if any. The Sitts and Hill plan depicts clearing only for construction of roadways, utility connections, and storm drainage facilities, and all other vegetation including significant trees is to remain undisturbed on the majority of the future building lots. As provided for in Federal Way City Code (FWCC) Section 20-179(b), preservation of significant trees shall apply solely to the development of each single-family lot at the time a building permit is applied for. These clearing limits were accurately represented on engineering plans approved by the City in advance of infrastructure construction activities. The developer of the Ming Court plat, Norris Homes, seeks to change the clearing limits and remove vegetation from all lots in the plat in advance of issuance of residential building permits. This includes removing most if not all of significant trees from lots 7, 8, 9, 10 and 11; tree retention as appropriate; removal of all other nonsignificant trees and vegetation from lots 1 through 15; and mitigation of the removed significant trees with fourteen replacement trees to be planted on lots 1, 2, 3, 4, 5, 10 and 15. This clearing exceeds the scope of clearing permitted under condition #1 of preliminary plat approval as the clearing requested in advance of building permit issuance is not related to any changes in road and utility design. Norris Homes is currently installing plat infrastructure including right-of-way and storm drainage improvements at Ming Court. As discussed in letters and e-mails (Exhibit 3), Norris Homes notes that as the required sidewalks are installed, removal of existing vegetation behind the new sidewalk is constrained to a specific method that limits damage to the new sidewalk, and the result is that large significant trees must be removed via a docking method, where they are cut into smaller pieces and removed from the site as construction debris. Norris Homes notes that the smaller logs are not usable to the timber industry, resulting in waste, and they wish to remove timber from significant trees in larger usable pieces in conjunction with plat construction. Modification to Ming Court Preliminary Plat Condition#1 January 30, 2008 Land Use/Transportation Committee Page 2 The effect of the request is that more large trees and vegetation is removed from the subject site in advance of the final plat and building permit processes, and the developer may save development costs. Staff brought the initial request before the January 14, 2008 LUTC, to seek direction as to how to process the request. The LUTC directed staff to bring the formal request to the LUTC with recommendations, send notice of the LUTC meeting to adjacent property owners, have the applicant look for ways to retain significant trees on the subject site and eliminate risks from hazardous trees. On January 17, 2008, the Federal Way Building Official determined that two existing cottonwood trees located on the east side of the site were dangerous and authorized their immediate removal as provided under FWCC Section 22-1093(9) (LSMpermitted outright) (Exhibit 4). IV. REASON FOR COUNCIL ACTION When a plat is constructed and the final plat application is brought before the City Council, they must ultimately find that the final plat is in substantial conformance with the preliminary plat conditions of approval. The City Council is requested to consider the change to a condition of preliminary plat approval in order to allow the clearing work to be done in advance of final plat approval. Criteria contained in FWCC Section 20-127 also can provide a benchmark as to the significance of the proposed modification to the condition of approval. Under FWCC Section 20-127, when the Hearing Examiner has forwarded a recommendation on a preliminary plat application to the City Council, the City Council may require or approve a minor modification to the preliminary plat if - 1 . f: 1. The change will not have the effect of increasing the residential density of the plat; 2. The change will not result in the relocation of any access point to an exterior street from the plat; 3. The change will not result in any loss of open space area or buffering provided in the plat; and 4. The City determines that the change will not increase any adverse impacts or undesirable effects of the project and that the change does not significantly alter the project. Although these criteria no longer apply to the current proposal since the preliminary plat has already been approved, the criteria do provide factors for the City Council to consider regarding whether any requested modifications- are major or minor, and ultimately whether the final plat would be in substantial conformance with the approved preliminary plat. V. FINDINGS AND CONCLUSIONS FWCC Section 20-179 only allows plat construction to include clearing and grading for approved infrastructure (e.g. streets and utilities) as depicted on the engineering plans. The remainder of the plat is typically cleared in conjunction with home construction after building permits are issued. The applicant proposes to clear and grade lots in conjunction with installation of plat infrastructure. If approved as requested, this will result in more initial clearing and grading than is permitted based on conditions of approval for preliminary plat. The currently approved preliminary plat only allows clearing and grading for the plat infrastructure and limited areas of clearing and grading beyond the right-of-ways and utility corridors. Modification to Ming Court Preliminary Plat Condition #1 January 30, 2008 Land Use/Transportation Committee Page 3 2. Removal of large trees in one piece allows the trees to be reused by the timber industry and not relegated to waste. Significant trees are found on five of the fifteen building lots; four of the fifteen lots have been fully cleared with installation of storm drainage connections and approved stockpiling; all other vegetation consists of nonsignificant trees, laurel and salal shrubs, and blackberry brambles. While condensing vegetation removal and site earthwork into one phase ahead of building permit issuance will result in more initial visual impact at the site than would result from upholding the conditions of preliminary plat approval, conducting the clearing and grading into one phase in advance of building permit issuance will result in less construction impacts to the surrounding streets, as fewer vehicle trips will be needed, and the bulk of the earthwork can be conducted during the clearing. The applicant has indicated a desire to retain several significant trees on and around lots 7 and 8. A January 25, 2008 letter from Norris Homes, states that while they proposed to retain as many significant trees as they possibly can, "there are other unforeseen circumstances that can come up and these trees can potentially be damaged. We will do everything we can to save them, but cannot commit absolutely." (Exhibit 4) Trees proposed for retention appear to be located along proposed property lines. City staff notes that there are two clusters of large significant trees remaining at the site. These trees are very tall, approximately 50 to 80 feet in height. Generally, the trunks are devoid of vegetation except for the crown as a result of the, dense forested growing conditions. When the supporting significant trees are removed, the remaining trees may no longer be protected from prevailing winds and may be more affected by weather forces. To date, a professional analysis to support or refute retention of these particular trees has not been prepared. In order to ensure that hazardous tree conditions are not created and based on the mutual desire to retain significant trees, prior to commencement of any clearing activity, an arborists report shall be prepared to analyze trees at the subject site, and submitted to the City for review and approval. This report shall include a discussion of the significant trees at the subject site, appropriate tree protection methods and specific recommendations to maximize the survival of any trees proposed for retention. Applicable recommendations shall be depicted in the erosion control plan. 4. Fourteen replacement trees are to be planted on building lots #l, 2, 3, 4, 5, 10 and 15 as depicted on the Ming Court Significant Tree Removal/Replacement plan prepared by Norris Homes, in order to meet code standards for replacement of significant trees, and in advance of building permit issuance. These are generally different lots than those containing the removed significant trees. Relocation of replacement significant trees throughout the plat spreads out the replacement tree obligation, provides for more appropriate settings for replacement trees, and still maintains replacement tree requirements of the FWCC. Replacement trees are proposed at an approximate 2:1 ratio, which meets and exceeds the replacement code requirement. The FWCC calls for replacement trees to be ten feet tall for fir trees and three inch caliper for deciduous trees. Prior to clearing of any vegetation, the applicant shall submit to the City a professionally prepared planting plan that depicts fourteen (14) replacement trees planted as depicted on the Ming Court Significant Tree Removal/Replacement plan prepared by Norris Homes (Exhibit 2). 5. An erosion control plan to address the proposed vegetation removal shall be provided to the City for review and approval. This plan shall be consistent with the standards of Appendix D of the King County Surface Water Design Manual (KCSWDM), and shall, at a minimum, depict the site fully covered, no more than two days after tree removal with two to three inches of straw or, if the clearing action commences after April 1, fully hydroseeded. Modification to Ming Court Preliminary Plat Condition #1 January 30, 2008 Land Use/Transportation Committee Page 4 6. To mitigate the negative aesthetics of significant tree removal, Norris Homes shall use their best efforts to minimize the time between significant tree removal and home construction. To this end, the applicant shall provide a written commitment to make every effort to commence house construction activity within 90 calendar days of receiving final plat approval. 7. The recommended changes to the condition of approval for the Ming Court Preliminary Plat are based solely on special circumstances and facts related to this particular subdivision application, which is vested to codes currently in effect. Although the Federal Way City Council will be revisiting the larger question of mass grading and tree removal this year, nothing in this staff report or recommendation is intended to or shall have the effect of preventing City staff from recommending to the City Council different tree protection or retention provisions in the context of that larger policy discussion. The modification to Condition #1 of the Ming Court Preliminary Plat is subject to all applicable codes and policies as well as all findings, conclusions, and other conditions of approval contained in the original preliminary plat approval, City Council Resolution No. 05-442 and the February 1, 2005, Hearing Examiner's recommendation. Conclusion: Based on findings 1 - 5 above, the requested modification to Ming Court Preliminary Plat condition of approval #1 would not alter the approved preliminary plat. Further, based on FWCC Section 20-127(d), the proposed modifications to the preliminary plat condition of approval would not increase the residential density of the plat; would not result in the relocation of any access point to an exterior street from the plat; and would not result in any loss of open space area or buffering provided in the plat as there is no open space set aside or buffering proposed with this project.Z The clearing proposed with the modification will temporarily increase adverse impacts or undesirable effects of the project as significant trees would be cleared in advance of final plat approval; however, as these trees would be removed and replaced under FWCC standards once the building permits are issued, the modification request ultimately does not significantly alter the project. Vl. COUNCIL OPTIONS A draft resolution recommending that Resolution #05-442 be amended to allow the Ming Court Preliminary Plat Condition #1 to be modified is attached (Exhibit 5). After consideration of the request, the City Council may, by action approved by a majority of the total membership, take actions pursuant to FWCC Section 20-127(d). Following are two options for Council to take: 1. Adopt the staff recommendation finding the modification to the preliminary plat condition #1 is in substantial compliance with the approved preliminary plat; OR 2. Find that the modification to preliminary plat condition #1 is not in substantial compliance with the approved preliminary plat, and require the applicant to continue plat development with the existing conditions. 2 Prior to final plat approval, the applicant will be required to make a fee in lieu of payment in order to meet FWCC open space requirements. Also, there are no vegetative buffer requirements for this residential project as it is located adjacent to residentially zoned property. Modification to Ming Court Preliminary Plat Condition #1 January 30, 2008 Land Use/Transportation Committee Page 5 EXHIBITS 1. Reduced Scale Approved Ming Court Preliminary Plat — approved clearing limits 2. Reduced scale drawing provided by Norris Homes titled Significant Tree Removal/Replacement Proposed Hazard Tree Clearing Limit Revisions, received date January 31, 2008 3. Building Official e-mail approving removal of hazardous trees 4. Communications from Jodey Odegard with Norris Homes: Letter dated January 2, 2008 with photographs, e-mail date January 17, 2008, and letter date January 31, 2008 5. Draft City Council Resolution for the Ming Court Modified Preliminary Plat Condition Modification to Ming Court Preliminary Plat Condition #1 January 30, 2008 Land Use/Transportation Committee Page 6 > m `m%>3 e 'r' wTs^=' 1tltlO�` v,�w .,vivo, .ox-su reozr S3WON SINUON N N Yes OACl"AM i OA7d33VDM3 PAR! Nvid IOH1NOO iN3W103S ONtl NOISOH3 tanoo oNiw �a z" c - °dam vreo.,,�`k �F B WOU) 3 0W) =04 > � 3 •/N cl- _ 6 e `3 F J JOO LL 30 4 U�� Pitt Y C`y8`� IIj B.IE9< W „dam 3n.3.1v HIP ° ° ° ° 6 e YoS 3`Sa 5 yea ers LU s ui a_ ggc O/ g � o9sea U I $F 3 ab ___ H « r fey Y O L VI 0 z H -� I EXMIBIT'/ -PAGEJaz r <rrwicvt�o ucu odiKei - i rue removai Page 1 From: Lee Bailey To: bret@norrishomessinc.com CC: Deb Barker Date: 1/30/2008 4:39 PM Subject: Tree removal Follow up to site visit 1/17/08 Bret: After on site investigation at the Ming Court project, I have classified the two cottonwoods at the SE corner of your development as dying and dangerous. You have my approval to remove these two cottonwood trees. Sincerely R. Lee Bailey Building Official EXHIBIT_5 PAGE___!_OF__I.__ ■2053 Faben Drive NORRISMercer Island, WA 90040 Tel 206.275.1901 Fax 206.275.1910 ■ H 0 M E S Email infa@norrishomesinc.com narrisham esinc.cam January 2, 2008 Ms. Deb Barker The City of Federal Way Department of Community Development Services 33325 8t' Avenue South PO Box 9718 Federal Way, WA 98063 Re: Ming Court Clearing Limits Dear Ms. Barker; Enclosed please find an exhibit and photos presenting our formal request to revise the clearing limits associated with preliminary plat recommendation #1 of the Hearing Examiner's Decision, dated February 1, 2005. Recommendation #1 states that a revision to the clearing limits can be made administratively by the community development and public works department as required to reflect changes to the roads and utility design. Because the basis of this revision is outside of the scope of what the recommendation will allow to be handled administratively, we are looking to council for approval of this proposed revision. Our proposal is to extend the clearing limits to fully clear lots #7 through #11 which include significant trees. As well as lots #1-6 and #12-15, due to diseased and/or dead and hazardous trees. We are proposing the removal of 41 significant trees on these lots in addition to removal of non significant trees and understory vegetation. We propose to meet the significant tree replacement ratio of 25% replacement value of significant trees removed per lot. Please refer to the map included and labeled as exhibit A, which shows the locations of the replacement trees. In an attempt to create a more appealing project, we are proposing to disperse the replacement trees throughout the lots within the plat rather than the replacement trees being clustered with multiple trees on one or two lots. Our proposal complies with the Federal Way City Code for Significant Tree Retention of one tree planted per four removed on a per lot basis (FWCC 22-1568(c)(1)a). While the calculation is based on a replacement ratio of 25%, the replacement tree will be dispersed throughout the plat in an attempt to place the trees in the best location possible. The contractor is ready to start constructing sidewalks on this project very soon. We are concerned that if the sidewalks were to be installed prior to the trees being removed, in many EXHIBIT y '; REsuIMITTED PAGE—JL—OF .,JAN 0 3 2008 CIT'/ ` rr 6F i.. _•i instances we would have to "dock" the trees, meaning the trees will be cut in to smaller short lengths, making them unusable for lumber. We will have to then dispose of them in the landfills, instead of putting them to use as lumber. At Norris Homes we do our best to be environmentally conscious; and this sort of waste is not something we like to be a part of. The most efficient way to make good use of these trees is to take them out by full truck loads in whole togs. As you can imagine the lumber industry is far from booming right now, meaning this motivation is not a monetary one but an environmental one. Our second concern, which is a more important concern, is that we have already had two situations at Ming Court where trees have fallen onto adjacent properties. In one case the tree damaged a large portion of fence, which we replaced for the homeowner at our expense. And the second which took out a shed and came down very near the home. We also repaired this shed, but are concerned that next time it could land on someone's home and possibly injure a person. These trees in some case's are left standing without all the protection they may have once had prior to the surrounding stronger trees being removed making way for roads and utilities. These weaker trees are then more susceptible to strong winds knocking them down. I have personally walked the site with the contractor who has vast experience relating to tree hazards, and it is his recommendation as well to remove any and all tree hazards as soon as possible. Most of these trees are located on lots #12 - #15, with a few scattered dead or diseased trees dispersed throughout the site. Please see attached photos. These trees are not merchantable as our motivation to clear these trees is a safety concern. While we understand the intent of the code and in many cases agree with the intent, this situation is one that we feel can not only be managed more efficiently from a project stand point, but if approved will alleviate a possible detriment to the adjacent land owners and community. We appreciate the time taken to look at this situation more closely and the staff support we have received in regard to this matter. Thank you for your time. Sincerely, Jodey Odegard Project Coordinator/Land Planner Land Development Division Norris Homes, Inc. 206.423.4929 Jodey@norrishomesinc.com EXHIBIT J( PAGE -le -OF From: "Jodey" <jodey@norrishomesinc.com> To: "'Deb Barker"'<Deb.Barker@cityoffederalway.com> Date: 1/17/2008 2:38 PM Subject: RE: Ming Court Tree Retention In an attempt at efficiency, meaning not have to mobilize to the site twice, we would also like to remove all the understory vegetation and non significant trees at the same time. Thank you. Jodey Odegard Project Coordinator Land Development Norris Homes, Inc. Office: 206.230.0290 Fax: 206.232.0558 Cell: 206.423.4929 ---Original Message ----- From: Deb Barker[mailto:Deb.Barker@cityoffederalway.com] Sent: Thursday, January 17, 2008 2:00 PM To: Jodey Subject: Re: Ming Court Tree Retention Jodey - Does this mean that you no longer want to request to remove non-significant trees and vegetation from the rest of the site? Deb >>> "Jodey' <jodey@norrishomesinc.com> 1/17/2008 1:46 PM >>> Please revise our request to remove all significant trees on Ming Ct. We will be formally requesting to remove any significant tree which we are unable to retain based upon individual site construction and/or constraints. We propose to retain any tree which is possible to retain, and any significant tree which we are unable to retain safely we will install replacement trees per the 25% ratio when appropriate. I will be submitting revised materials laying out our revised proposal to you by Tuesday morning at the latest to include with your LUTC information packet. Thanks again. Please contact me with any questions. Jodey Odegard Project Coordinator EXHIBIT y PAGE1._.OF Land Development Norris Homes, Inc. Office: 206.230.0290 Fax: 206.232.0558 Cell: 206.423.4929 EXHIBIT PAGEOF� ENORRIS norrishomesinc.com January 31 2008 Ms. Deb Barker The City of Federal Way Department of Community Development Services 333258 1h Avenue South PO Box 9718 Federal Way, WA 98063 Re: Ming Court Clearing Limits Dear Ms. Barker; 2053 Fahen Drive Mercer Island, WA 98040 Tel 206.275.1901 Fax 206.275.1910 Email info@narrishomesinc.com Enclosed please find the revised exhibit which represents our request to remove and replace the significant trees on our site including the understory shrubs and brush as well as our intent to replace per Federal Way City Code at a ration of 1 planted per every 4 removed. With this request we are proposing to retain as many of the significant trees we possibly can. We will try to save any tree that will not encroach into the building envelope, driveway, easements, utility tracts, etc. or which becomes a hazard during construction. have walked the sight and investigated this proposal extensively and have concluded that there are 4j trees that seem they could be retained based on their location. These trees being;23,# 9 , and #16, as shown on the attached exhibit and individually h;561i btj I however would like to stress that there are other unforeseen circumstances that can come up and hese trees could potentially be damaged during the construction. We will do everything we can to save them, but we cannot commit absolutely. We also propose to replant the replacement trees as soon as possible after removing the necessary trees and clearing the rest of the site. We appreciate the time taken to look at this situation more closely and the staff support we have received in regard to this matter. Thank you for your time. Sincerely, Jodey Odegard Project Coordinator/Land Planner Land Development Division Norris Homes, Inc. 206.423.4929 Jodey@norrishomesinc.com EXHIBIT PAGE-k_OF Q6-102066 JAN 3 1 2008 CITY OF FEDERAL WAIL BUILDING DEPT. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING RESOLUTION NO. 05-442 AND MODIFYING CONDITION #1 OF THE APPROVED MING COURT PRELIMINARY PLAT, FEDERAL WAY, FILE NO. 00 -102793 -00 -SU. WHEREAS, on May 12, 2000, the applicant, Mr. David Ling, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Ming Court and consisting of 3.83 acres into fifteen (15) single-family residential lots located in the South 310t` Place at 7d' Place South; and WHEREAS, on October 23, 2004, a Mitigated Determination of Nonsignificance (MDNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEPA), RCW 43.21C; and WHEREAS, pursuant to City Council Resolution 05-442, on March 15, 2005, the City Council approved the Ming Court 15 -lot preliminary plat, in compliance with Chapter 20 of the Federal Way City Code, Chapter 58.17 RCW, and all other applicable City Codes; and WHEREAS, the Ming Court Subdivision is currently under construction; and WHEREAS, the new owner, Norris Homes, has requested to modify preliminary plat condition of approval #1 and modify clearing limits to remove existing vegetation from lots 1 through 15 prior to issuance of building permits for new houses, including removal of most if not all significant trees .from lots 7, 8, 9, 10, and 11, removal of all other nonsignificant trees and vegetation on lots 1 through 15, and mitigation of removed significant trees with fourteen replacement trees located on lots 1, 2, 3, 4, 5, 10 and 15; and WHEREAS, on February 4, 2008, the City Council Land Use and Transportation Committee (LUTC) considered the request for the modification to the preliminary plat condition of approval, and found that changing the condition did not alter substantial conformance with the approved preliminary Res. p , Page 1 EXHIBIT PAGE_,L._OF.q. plat, and voted to forward a recommendation to modify condition #1 of the Ming Court Preliminary Plat approval to the full City Council; and Now THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Adoption of Findings of Fact and Conclusions. The findings of fact and conclusion of the Department of Community Development Services January 30, 2008, memorandum and recommendation to the LUTC, are hereby adopted as the findings and conclusion of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding, shall be treated as such. Section 2. Approval of Modification of Condition #1. Based upon the recommendation of the Department of Community Development Services and findings and conclusion contained therein as adopted by the City Council immediately above, condition #1 of the preliminary plat for Ming Court, Federal Way File No. 00 -102793 -00 -SU, is approved to be modified as follows: Clearing limits for the construction of the plat improvements (roads, pond, and utilities) shall. be generally consistent with the clearing limits depicted on the Conceptual Drainage Plan of Ming Court, plan page CLO, dated March 19, 2004, and prepared by Sitts and Hill Engineers, Inc. (Exhibit A). The clearing limits on the plan sheet referenced above are the approximate clearing limits necessary for roads, utilities, and pond. plan may be medified with Me appr-eval of the Gommunity De�wlepmenf and Publie W-649 De par4ments duo -kg final lan meview as required te refleet ehanges in read and ,.f;"'• designs, a any. Prior to final plat approval the developer may clear all vegetation from all building lots, provided that prior to commencement of any clearing activity, the applicant shall submit the following items to the City for review and approval: (1) an erosion and sedimentation control plan consistent with KCSWDM Appendix D for the newly disturbed areas to demonstrate site stabilization; (2) a written commitment to make every effort to commence house construction activity within 90 calendar days of receivingfinal inal plat approval; (3) to reflect the ap lip cant's EXHIBIT. pes." Page PAG E--4—_OF� desire to retain significant trees on the subject site an arborists report prepared to recommend what can be done to maximize the survival of retained significant trees and denotes specific tree protection methods, which shall also be depicted on the erosion control plan; and (4) a professionally prepared planting plan that depicts fourteen (14) replacement trees, sized in accordance with FWCC replacement tree standards planted on lots depicted on the Ming Court Significant Tree Removal/Replacement plan prepared by Norris Homes. "' and as modified, is hereby found to be in conformance with the approved preliminary plat, and this modification is hereby approved subject to all requirements of the Federal Way City Code and other conditions contained and referenced in City Council Resolution 05-442. 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. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of any scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. 1 This underline and strikeout format depicts the text of the existing condition, the text proposed to be eliminated and the text proposed to be added. Res. # Page 3 EXHIBIT V PAGE -3 -OF RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS _ DAY OF , 2008. CITY OF FEDERAL WAY MAYOR, JACK DOVEY 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. Res. # Page 4 EXHIBIT PAGE--f-OF COUNCIL MEETING DATE: February 19, 2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Joint Construction Agreement with Qwest for the construction of S348th Street HOV Lanes project POLICY QUESTION: Should the Council authorize staff to enter into a Joint Construction Agreement between the City of Federal Way and Qwest for S348th Street HOV lanes Project for the relocation and construction of Communication facilities? COMMITTEE: LUTC MEETING DATE: February 4, 2008 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Marwan Salloum P.E. Street System Manager DEPT: Public Works ...-..........................--............--...................................--............-................................................-. y . ...............................g ......................... .... .......... ............................. .-..................... _......... _... _._....__........ ...... -_..... - - - Attachments: 1. Memo to Land Use / Transportation Committee dated February 4, 2008. 2. Draft Joint Construction Agreement with Qwest for the construction of S 348th Street HOV Lanes project Options Considered: 1. Authorize staff to enter into a Joint Construction Agreement between the City of Federal Way and Qwest for the relocation and construction of Communication facilities as part of the S 348th Street HOV Lanes Proj ect 2. Do not authorize staff to proceed and provide direction to staff. STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER APPROVAL: DIRECTOR APPROVAL: _ o ee to ouncil to Committee To Council COMMITTEE RECOMMENDATION: Place Option 1 on the February 19, 2008 Council Consent Agenda for approval Linda Kochmar, Chair Jim Ferrel, Member Dini Duclos, Member PROPOSED COUNCIL MOTION: `Authorize staff to enter into a Joint Construction Agreement between the City of Federal Way and Qwest for the relocation and construction of Communication facilities as part of the S 348th Street HOV Lanes Project " (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: February 4, 2008 TO: Land Use and Transportation Committee VIA: Cary M. Roe, P.E., Assistant City Manager, Chie Operations Office, Emergency Manager Marwan Salloum, P.E., Street Systems Manager FROM: John Mulkey, P.E., Street Systems Project Engineer � 9'�, SUBJECT: Joint Construction Agreement with Qwest for the construction of 5348th Street HOV Lanes BACKGROUND' Qwest requested the City to enter into a Joint Construction Agreement for the relocation and construction of communication facilities as part of the S348th Street HOV lanes project in an effort to reduce both cost and extended public disruption of the area. Copy of the proposed agreement is attached to this memo. The estimated cost of the Joint Construction Agreement is $56,306 this includes the cost for construction, construction management and project administration. Actual construction costs incurred will be used to calculate final cost of Qwest's reimbursement to the City. K:\LUTC\2008\02-04-08 Qwest Joint Construction Agreement for 5348th HOV.doc Agreement No. (variable:Agreement Id).{variable:Version) AGREEMENT FOR JOINT CONSTRUCTION NCAXXXX THIS AGREEMENT (the "Agreement') is entered into as of 12007 between Qwest Corporation 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 "Proiect Developer' means City of Federal Way. 2. TERM: The Agreement will commence as of the Effective Date and will continue through December 31, 2009 ("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 `Project'). 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. 11/06 1 Agreement No. {variable:Agreement ld).{vadable:Version} Qwest will pay undisputed invoices in U.S. dollars within forty five (45) days} 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 or material 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 furnish 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. 11/06 2 Agreement No. (variable: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 party's indemnification obligations and each party's breach of any requirements regarding Confidential 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. {variable:Agreement Id).{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. 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. 12.2 Material Breach. Either party may terminate this Agreement (including its Schedules), in whole or in part, by written notice Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. Rev. 11/06 4 Agreement No. {variable:Agreement Id}.{variable:Version} 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. gwest.com/abouVcompany/ethics/files/SuppliersBrochure-.pdf 14.2 Remedies; Future Projects. No remedy specified 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. 11/06 5 Agreement No. (variable: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 Qwest's 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 party's 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 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} of Law" and all others that by their sense and context are intended to survive the expiration of the 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).{variableMersion) Signature Block The parties, intending to be legally bound, have caused this Agreement to be executed as of the Effective Date. Qwest Corporation City of Federal Way (Authorized Signature) (Authorized Signature) Cary M. Roe, P.E. (Print or Type Name of Signatory) (Print or Type Name of Signatory) Assistant City Manager Chief Operations Officer Emergency Manager (Title) (Title) (Execution Date) (Execution Date) Address for Purposes of Notices: Address for Purposes of Notices: Jeff Watson Brian Roberts 23315 66th Ave. So. City of Federal Way Kent, Wa., 98032 PO Box 9718 253-372-5358 Federal Way, WA 98063-9718 jeff.watson@qwest.com 253-835-2723 With copies to: Qwest Services Corporation Law Department — Procurement General Counsel Agreement # NCA2791.0 1801 California St. Denver, CO 80202 APPROVED AS TO FORM: City Attorney, Patricia A. Richardson Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. Rev. 11/06 8 Agreement No. (variable: Master Agreement Id - Master Agreement Reference) Statement of Work No. {variable:Agreement Id) STATEMENT OF WORK NO. 1 to AGREEMENT FOR JOINT CONSTRUCTION NCAXXXX.SS1.0 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 (Effective Date) and will continue through December 31, 2009 (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 "The Work and the 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"). Qwest's 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, and Qwest 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. 2.5 If the Work involves excavating, Project Developer will ensure that the Contractor contacts the Utility rev. 11-06 Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. -1- Agreement No. (variable: Master Agreement Id - Master Agreement Reference) Statement of Work No. (variable:Agreement id) 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: _X_ 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 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 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) 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: Jeff Watson John Mulkey 23315 66 Ave. So. City of Federal Way Kent, Wa., 98032 PO Box 9718 253-372-5358 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. (variable: 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. Qwest Corporation Project Developer (Authorized Signature) (Authorized Signature) Cary M. Roe, P.E. (Print or Type Name of Signatory) (Print or Type Name of Signatory) Assistant City Manager Chief Operations Officer Emergency Manager (Title) (Title) (Execution Date) (Execution Date) APPROVED AS TO FORM: City Attorney, Patricia A. Richardson rev. 11-06 Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. -4- Agreement No. {variable: 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 underground facilities for the So. 348" St.. HOV Lanes project. The joint utility corridor will be located along the north side of So. 348th St., from approximately Pacific Highway So., west to approximately 9th Ave. S., as noted on the City's design plans. rev. 11-06 Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. -5- Agreement No. (variable: Master Agreement Id - Master Agreement Reference) 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 3060 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. All facility installation will be in accordance with the Qwest design 72W1 MOR which is incorporated into the City's South 348th Street HOV Lanes (9th Avenue South to SR 99) project design, Qwest project number XXXX dated XXXX. 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 and service cutover. Qwest will require 35 working days to pull cables, splice and cutover customer service and remove existing temporary aerial facilities and poles from the completion of installation, proofing and acceptance of all conduit, and vaults. rev. 11-06 Qwest Confidential and Proprietary Disclose and distribute solely to those individuals who have a need to know. -6- Agreement No. {variable: Master Agreement Id - Master Agreement Reference) Statement of Work No. {variable:Agreement Id) EXHIBIT C WORK PRICE SCHEDULE Qwest will pay the City a unit rate as noted in Schedule D of the City's bid opening results for South 348t' Street HOV Lanes (9th Avenue South to SR 99) of $4.00 per lineal foot for installation of 4 -inch conduit in City provided joint utility trench. Qwest will pay the City a unit cost rate as noted in Schedule D of the City's bid opening results for South 348th Street HOV Lanes (9th Avenue South to SR 99) of $600.00 per vault for the installation of 4484TCA type vaults. Qwest will pay the City for it's proportionate share of Structure Excavation Class B Incl. Haul for Undergrounding of Overhead Utilities at the unit cost rate as noted in Schedule A of the City's bid opening results as documented in Exhibit D per cubic yard for trench. Qwest will pay the City for it's proportionate share of Pit Run Sand at the unit cost rate as noted in Schedule A of the City's bid opening results as documented in EXHIBIT D per cubic yard for backfill. Qwest will pay the City for it's proportionate share of Gravel Borrow Incl. Haul at the unit cost rate as noted in Schedule A of the City's bid opening results as documented in EXHIBIT D per cubic yard for backfill. Qwest will pay the City for it's proportionate share of Shoring or Extra Excavation Class B at the unit cost rate as noted in Schedule A of the City's bid opening results as documented in EXHIBIT D per square foot of trench length and depth. Qwest will pay the City for it's proportionate share of Temporary Pavement at the unit cost rate as noted in Schedule A of the City's bid opening results as documented in EXHIBIT D per ton. Qwest will pay the City for it's proportionate share of Flaggers and Spotters at the unit cost rate as noted in Schedule A of the City's bid opening results as documented in EXHIBIT D per hour for all days in which Qwest facilities are installed by the City. Qwest will pay the City for it's proportionate share of Other Traffic Control Labor at the unit cost rate as noted in Schedule A of the City's bid opening results as documented in EXHIBIT D per hour for all days in which Qwest facilities are installed by the City. All unit cost bid item costs include sales tax. Qwest will pay the City for it's proportionate share of construction management at the rate of 12.5% of the construction subtotal of the above unit costs as documented in EXHIBIT D. Qwest will pay the City for it's proportionate share of contract administration at the rate of 5% of the project cost as documented in EXHIBIT D. Actual final cost will be calculated based on actual proportionate share of trench occupied by Qwest conduit, actual lineal footage of conduit, actual number of vaults installed by the City's contractor, and number of days Qwest facilities were installed out of the total of 120 working days in the contract. Total estimated cost for facility installation is $56,307.79. Total actual cost is not to exceed $70,384.74 without prior written approval from Qwest pursuant to section 4 of this statement of work. The total actual not to exceed cost does not relieve Qwest from its responsibility for reimbursing the City for legitimate, substantiated delay claims from the City in the event that Qwest fails to perform under the terms of the agreement or fails to complete facility relocation as detailed in exhibit B 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- U N X N a as mx o r > X 7 o ^o ou) m 3 m N X W oO d m d+ K a d} L } oo m = p � a 3 U rn U y y a r d r C N o U 3Xm�. oXX U d r 7 (V 0 �y X> N N o d N N N EEO a N O ID o nani rim 3LL maM"O (J 00 V m .-XXX X xQ" Ei o 3x L L L i y a L > p l F d «DO'C :F- 000 O m to 3XXX X��. m E X X L« X «" LL« o�rnL xx o Q mmm°=m a o O NM V N t0 n GD 6 U U O W O n o W n o o M o 0 0 0 0 0 0 o n o 0 0 0 0 0 0 0 0 0 0 0 o m C, of tc 0 0 0 0 o M o 0 0 0 0 0 0 o w o 0 0 0 0 0 0 0 0 0 0 o cn 00 ONW Ci0 � N� 1` O �m�NW r 3 Q01010 0 0 0 0 0 o 0 0 00 0 0 c d 0 0 U � moi» m mo voi3Op1Oui uoio 7 o W o o o V W o o W o 0 0 0 rn o 0 0 0 0 0 0 o M 0 0 0 o W o g o 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 J a o to v o ti 0 0 0 o C o C O o C o 0 0 o C o 0 0 0 0 NOM o N N M C �f m O N E mr G r 1 'c ZLL }Z}LLW a o N o 0 o n n 0 o W M o cO W o M a o n M V J O t0 V W N O W W O N N W Ip V V N W M W W W N W W N m C V to tV O th OI C W O C O O M A m 1. r N O M W V fV N W N W 3 V N V N W N r n m r W N N m W n V n O W na y m C F C O O n 0 0 0 o M n 0 0 0 0 0 n O O n n O M 0 W O W n M yc 0 0 0 ttl W O O M W O W O N N 0 0 W NA W N O n t0 W (%1 O V O.-nW W O V nm W NnmM NNNmm n W W nV nO r V r N N O O > M N W m i M O N W W m O W O W V V m 0 N m n N W O W n M n W O O o V MON WOO M t O N O 0 a D O O V N M N O O � O N M � m � <D m W oom2�u� x >E .y arm `'ocU>U pp'ot Z m m e m 0 E m L C y 0 m M O N n W 0 O V W O m n M m W n n N W m N N M O W O C Cg i c r E N N W N W W M O W O V m N n O n V m O N O O M O N W O W 0 0�O N _ 3 a N O W WW W M W W O N m M 0 0 m m M N V W M O W ONO V V ODON OOMOO W 000 oau�nW ON r V W O n N m N M 0 n 0 O m N n u> V n n M N O W M co 0 0 tq o)n 0 (D 0 0 0 tP O W n 1- N O N (O C) O N M O C N N V N 4 0 O V O V O a n O G O N V W Ih 7 N } 3 r N N Ua u tV j O m W n W OOtO� N W n M 0 � M nn W n W n M qmN�tO n W O N n W m MSO n O O N �N W MN M N 1�0 � _ N 00 Or- V'D m 4,* W V N N V NO N N N C V N N V V W mW r W V N O N N O O O O V m W W W'N N W W O O W O N C m tD C, J a V W M n O N N 0 0 0 V V W V N O W O n W N N O M O N C V W O V N n 0 0 V V W W m N W W W YD m N — M O O r 000000a0000a'ooo000oa0000000 o n a n O n 0 0 0 0 O W M O n O n O n O n O n O n 0 0 Z01-: oovaoo tc000C otcthOn onOnC mui�via6 00 a� O L m � 3 c d U # O N N N O N N N O N O N N O N N N N N O N N N N N O O LL U UO �� �O � � �O� 00.-0 •-OHO N�-� �� 00 Q U N a M O M n M W aD�W n LC) MMM ��wmm M M M M M mWaDmm O M M M M in aD aoNm N N S off 1p yr��n M M mW th uiv ui ri viv athv ttiaariv V avot+i vvvva tv th L D nnnnnnnnnnnnnnnnnnnnnnnnnnn to W W W to W to W tO W tD W W to W W W W W t0 W W W W W tD W 'O U > M N W O O O W W n W N W W W W W 0 0 O W r L OD N D N O N N � M W N N N m N` N N m J n m M N O W 000 m n O O v m++++ N W + N N N^ +++++ M M M W W 0+f mm0 m mm T:7777 ' ' 7777 W W n� M V V N W M o 0 0 o W n O O O m W v N w w W N W M O 9 o 0 M ..... O W O W M M m +++++ W V N 2 N ++ UV ONNm Nm a+D mm mm0mp0) NNNN NMMMW NN U N X N a as mx o r > X 7 o ^o ou) m 3 m N X W oO d m d+ K a d} L } oo m = p � a 3 U rn U y y a r d r C N o U 3Xm�. oXX U d r 7 (V 0 �y X> N N o d N N N EEO a N O ID o nani rim 3LL maM"O (J 00 V m .-XXX X xQ" Ei o 3x L L L i y a L > p l F d «DO'C :F- 000 O m to 3XXX X��. m E X X L« X «" LL« o�rnL xx o Q mmm°=m a o O NM V N t0 n GD 6 U U O W O n M AN W 0 O m V M M O O O O O M O O o m C, of tc Lo 't ui o o NN r �tl V O 00 ONW Ci0 � N� 1` O �m�NW Q01010 0 0 0 0 0 o 0 0 00 0 0 0 0 0 0 0 U � moi» voi3Op1Oui uoio 7 J O N� O W th O o N F NOM N N M C �f m O N G 1 'c ZLL }Z}LLW a 7 2 2 r U U r U J o � m cc cc 1 y N y m C F o yc rU > ao . 6 y m C r m 0= X O > m m i o �+Wa 0 E o V C l6 xUDa-p.=r j ttpp >m r m 5 m W oom2�u� x >E .y arm `'ocU>U pp'ot Z m m e m 0 E m L C E W C D� .�. lL 000) gra C Cg i °E COUNCIL MEETING DATE: February 19, 2008 ITEM #: . _......._..._._.................__.........._........_..................._...................................._..........._...................................................................................................................................................................................................................................._..........................._._..........._..._............... . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: South 348th Street HOV Lanes Project — Bid Award POLICY QUESTION: Should the Council award the South 348th Street HOV Lanes Project to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: February 4, 2008 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFFREPORT .................................................................... ........... ............ ........ ............... ........ _ .......... _................. Attachments: LUTC memo dated February 4th, 2008 ,ons Considered:....................................................... ..... _....._....._..__..._.._.__...._....... ........ _.... ....._...._......_................................................................................................................................................................................................................................................................................................... .. 1. Award the South 348th Street HOV Lanes Project to Westwater Construction Co., the lowest responsive, responsible bidder in the amount of $2,927,159.80 and approve a 10% contingency of $292,716.00, for a total of $3,219,875.80, and authorize the City Manager to execute the contract. Award of Schedule B (Lakehaven's portion of the project) contingent upon Lakehaven Utility District Board approval to award Schedule B as bid. 2. Reject all bids for the South 348th Street HOV Lanes Project and direct staff to rebid the project and return to Committee for further action 3. Do not award the South 348th Street HOV Lanes Project to the lowest responsive, responsible bidder and provide direction to staff. STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER APPROVAL: DIRECTOR APPROVAL: Co ee cil Committee Council COMMITTEE RECOMMENDATION: Place Option 1 on the February 19, 2008 Council Consent Agenda for approval Linda Kochmar, Chair Jim Ferrel, Member Dini Duclos, Member 4. PROPOSED COUNCIL MOTION: "Award the South 348th Street HOV Lanes Project to Westwater Construction Co., the lowest responsive, responsible bidder in the amount of $2,927,159.80 and approve a 10% contingency of $292,716.00, for a total of $3,219,875.80, and authorize the City Manager to execute the contract. Award of Schedule B (Lakehaven's portion of the project) contingent upon Lakehaven Utility District Board approval to award Schedule B as bid." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERREDINO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 4, 2008 TO: Land Use and Transportation Committee VIA: Cary M. Roe, P. E., Assistant City Manager, Ch fns Office, Emergency Manager Marwan Salloum, P.E., Street Systems Manager FROM: John Mulkey, P.E., Street Systems Project Engineer" j(� SUBJECT: South 348th Street HOV Lanes Project —Bid Award BACKGROUND Five (5) bids were received and opened on January 23. 2008 for the South 348th Street HOV Lanes Project, See attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Westwater Construction Co. with a total bid of $2,927,159.80. The low bid received was less than (1%) above the engineer estimate. Reference checks on Westwater Construction Co. by City staff indicates that the contractor has performed similar work. As a result, City staff believes Westwater Construction Co. can successfully complete this project to the City's satisfaction. Therefore the lowest responsive, responsible bidder is Westwater Construction Co. in the amount of $2,927,159.80. PROJECT ESTIMATED EXPENDITURES: Planning and Design $ 530,000 ROW Acquisition 240,000 2008 Construction Cost (Bid Amount) 2,927,159 Utility Undergrounding 150,000 10% Construction Contingency 292,715 12.5% Construction Management 365,895 TOTAL PROJECT COSTS $4,505,769 AVAILABLE FUNDING: Grant Funding (TIB) $ 2,397,643 Utility Tax (2007 Budget) 1,000,000 Mitigation 858,974 Interest Earning 85,711 Comcast 5,176 Qwest 56,307 Lakehaven Utility District 207,900 TOTAL AVAILABLE BUDGET $ 4,598,542 BALANCE $105,902 cc: Project File K:\LUTC\2008\02-04-08 S348th Street HOV Lanes Project - Bid Award.doc s o 88888188m89888Ell 8S8�88N8a$Se`ve o��d xY �xo�So���m s�ss��Nadam Ftk000 �m�� E "$wwwNw���ryN"�N��w(o`n»wwww»$�ww$w H " HNww'twe w«"www«»w ssasssssssss.s8�ssssssssas,a�sssssssssaas�sssasssssssss,a8ass.s.s.sssss.sssss.ss wH Hw w �;» ssssa8ss8sa.s.s.aaaassssassasas.ass.assasassssss.s.aas.ass.as.ss.as.ss.s.ass.sss.8s.as.sas a $$gag8mggso8N8ss6 0.S ns.�sa$smgsssss X88 3 8 ggIR gg8§gg u°3 " w H H" H " wH w H H HH Hw » H w HH H w HH HHw IF �� w r Hew HCH s m�„ 8SSS88S8888M88S888SS888$88885888888858888SS88S888888aaa8S888888888888888 s$a s.aaass.sae.s.s.s.sss.s.ssos.s.s.sgvas.gss.�v�s.sa.s.s.ss.s.s.s.vas.s.as.sae.s.s.ss.s.sss.s.s.s.s.ssss.saags.sa. ��$�s�sg��ssgasgg q8�g� sg�s���gsg�$ggss�a$sga�gg��gsg�g�a$�og a� ��"»•wH H«�w HH"S»H �»HHww�» » H»»� m� sssssssssssssss8sssssssgssss�sssasssssss.sass.sssssssassosassssgssssss.ss.as oSsgwgo»s�H��..s..dads^og��gggssw»gQ$g6Hdssdsgy�y«ssg� Hw H H osaaaaaass.seas.$as.s.arias,s.aaas�sasaaas.s.aas.s.aaaaaaaaas.asaa8aagsss.as.aaas =3 Hw Hw»»R»�m»»»�w8�88i2w$wwwumw wH«�mw�yw°ww��w5w�"«««»««' H H w mS 85888888$$8885$S$88858888$a�888888�58$X5888$8S88R$$$8�$m88$8m888aa88g88 dogggigvg�� seas$ageases$aaaaaaaa�aaaaaaagga�aas�s$assaaaa�as�as�aaaaa�a��gggga�sasa gLd It a`$.'a�$a8maa"' re� „"sae"»pwH„•yHHH�„»wd«�»a6H24s6H«�w,:gH»wwd„"HHw„"wx"H« gfd» f°�� 88888888$$ease$8����mBR$8�Sa8<$$88e��8$v$$8.8$$�8m�8o�8S$a8$8<�88888�8888 16 d O L H H H H w H H H w H H H H H w H H w I "m4 c�a ,m og 0. =moo mEz N LL u$� e�{aN m= 3 a2aywww688dw»wawrv�e" gys»» »'»w8w8�"www 2»ww�88��ox; wx6 w4zHwrK,�w�n wSwwwmwrw..w.. w, w owm wE gBSa�SS8AV::awaww- SS$8888n$$8S8S�nv'88888588888888888888888888�8858888S8S88 �g�88 www����« Sw88�888w«« .5Sm8868«8^ 88888888888888 m�g����� NGgg� »w» wa- 88888888888888858888888888858888888888888589828888588888 g°"g$$ na8 8ss 8R 8 0 8$8885 0 gggH 88888" 88885888888888 8888888 88ggm8 a»www w w'o �5w »» ��«w»»»w» » w » NS»v �« » w �N » » » » ww»» w ww 8888888888888888888888888888858888888888884mSm8888885888_` wa$H» waww888�w»��w»�w$88$ww�wHssm8861414 M1 » w ry w» W w Q888j8jj8j8Q88888Q88 88 888NooB$8 w w » » w w 8888o88888$�8�pp$$8888g$$8Q$$8$$$$�$888$88$$�$$$$88$$88R$88$$$$8�$$8$$8jg8$$$$ 81UH 888SW �g8 �SO$NZSSH $O$ZS8$ $Os8$$ ry NSgS�SSVS� ZS C�JgS� SES iTI$OriS�S O ww» «8«w w»»56 »�»Rw5» '§ w8 8888888888888888888888888888,88888885888888m,888,8888888888` smw„gHww»w» �888r�ww»�sg88w 88888888888888 88$g^ d w»w88»��$� 85888888888'w8uwr8888w8w8w 8w8`w8w eg < ss sog a$� 8S.8�8y88wm8mw 8$8»8^w5ow 8�88w�8N» 8888�8w8w 888»8w 888w88w8w Y y588q8»gww y8„ 8588 8c88.d8 r wwX8 �HUHH nN3 mi SS8888$888885$8885_�8888S8a88888888Nti$8$8$R��8�88$88$88$S 8»w���wwwwwww���w�8sw��ww�s�mg���»8�8w8w„$ 88888888858888 s w waw » �`$ww w » » Hew w �ss�$5ygs8s.swmw s.s-w 5wm5lsd�m $wg5w� �w s�w gmmg gmo88� �gg$Wg8 sw sVVVi5SsHsBH 5w s�$y 5w �w �w 8w 8mb8�8�88888s<ss�Oymm8�sg Hs�wsxsOo». w5gw5 pp Hwy lw3Hwww w w w H n5$ o a U m�8 .ems 88d<�Sna�m$58855$R88m8�555588��5855�Seg8o8RS58S�88�8nmS BN n.n���mmmr�m oea $off. �8m8n�a »wwwSiwm� »�w. xwwxw��wwwwww»»Hw�B�ww�wwwy»» mw�8 » dw8 »$maow 88858888�n8885 NByw�wyS d w w e`�nw w » ■;■ a „ ;;# E2" . &#® a; 9■_ SUBJECT: 10th Ave South Stormwater Trunk Replacement Project —85% Design Review (CIP # 304-3100-260) POLICY QUESTION: Should the Council authorize Surface Water Management (SWM) staff to proceed with the design of the 10th Avenue South Stormwater Trunk Replacement Project to the 100% design level and return for direction? COMMITTEE: Land Use and Transportation Committee MEETING DATE: February 4, 2008 CATEGORY: ® Consent ❑ City Council Business STAFF REPORT BY: Paul Bucich, SWM ❑ Ordinance ❑ Public Hearing ❑ Resolution ❑ Other DEPT: Public Works Attachments: Land Use and Transportation Committee Memo dated February 4, 2008. Options Considered: 1. Direct SWM to design the 10th Avenue South Stormwater Trunk Replacement Project (CIP No. 304-3100-260) to the 100% level and report back to Council for further direction. 2. Direct staff not to proceed with design and provide direction to staff. STAFF RECOMMENDATION: S CITY MANAGER APPROVAL: Option 1. DIRECTOR APPROVAL: J(10�1O Committee Council COMMITTEE RECOMMENDATION: LUTC recommends forwarding Option 1 to the February 19th, 2008 Council Consent Agenda for approval. Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member PROPOSED COUNCIL MOTION: "I move approval of directing SWM to design the 101h Avenue South Stormwater Trunk Replacement Project to the 100% level and return to Council for further direction. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1ST reading Enactment ❑ TABLED/DEFERRED/NO ACTION reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: February 4, 2008 TO: Land Use and Transportation Committee VIA: Cary M. Roe, P.E., Assistant City Manager, C.O.O., Emergency Manager FROM: Paul A. Bucich, P.E., Surface Water Manager SUBJECT: 10th Ave. South Stormwater Trunk Replacement Project —85% Design Review (CIP # 304-3100-260) BACKGROUND: This project, which is required to alleviate upstream flooding of Easter Lake shorelands and adjacent structures, will expand the flow capacity of the existing undersized stormwater drainage system along 10t" Avenue South between the south side of the intersection with S. 308th Street and the outfall into Cold Creek located immediately south of the intersection with S 306"' Street. Currently the project design is approximately 85% complete, which includes the following completed tasks: ■ Topographical Survey and Mapping ■ Hydrological and Hydraulic Analysis ■ Project Design (Plans, specifications and cost estimate) to 85% level ■ Subsurface Utility Investigations and related design changes to minimize or avoid the need for utility relocations. Ongoing Tasks Include: • Acquisition of Permanent Drainage Easements and Temporary Construction Easements • SEPA Submittals • Obtain City Community Development Director's Approval for stream channel stabilization work, obtain HPA from WDFW and obtain city Right -of Way Permit. PROJECT ESTIMATED EXPENDITURES: Engineering Design $ 59,742 Hydraulic Modeling of Subbasin $ 4,450 Year 2007 Construction (Estimate) $ 287,805 20% Construction Contingency (@ 85% Design Level) $ 57,561 Ad & Award $ 2,000 Pavement Mitigation Fee $ 10,000 3% Construction Inspection & Management $ 8,634 TOTAL PROJECT COSTS $ 430,192 TOTAL AVAILABLE BUDGET $ 430,000 cc: Project/Day File SUBJECT: 26`x' Avenue SW Stormwater Trunk Replacement Project- Project Acceptance POLICY QUESTION: Should the Council accept the 26` Avenue SW Stormwater Trunk Replacement Project constructed by Pivetta Brothers Construction, Inc. as complete? COMMITTEE: Land Use and Transportation Committee MEETING DATE:, February 4, 2008 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Paul A. .................. ......... Attachments: Land Use and Transportation Committee memo dated February 4, 2008. Options Considered: 1. Authorize final acceptance of the Avenue SW Stormwater Trunk Replacement Project constructed by Pivetta Brothers Construction, Inc. in the amount of $673,995.76 as complete. 2. Do not authorize final acceptance of the completed 26,' Avenue SW Stormwater Trunk Replacement Project constructed by Pivetta Brothers Construction, Inc. as complete and provide direction to staff. STAFF RECOMMENDATION: Staff recommends forwarding Option 1. CITY MANAGER APPROVAL: DIRECTOR APPROVAL: . y Committee Council COMMITTEE RECOMMENDATION: Place Option 1 on the February 19, 2008 Council Consent Agenda for approval. Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member PROPOSED COUNCIL MOTION: "I move approval of acceptance of the 26`" Avenue SW Stormwater Trunk Replacement Project constructed by Pivetta Brothers Construction, Inc. in the amount of $673,995.76 as complete. " 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: February 4, 2008 TO: Land Use and Transportation Committee VIA: Cary M. Roe, P.E., Assistant City Manager, C.O.O., Emergency Manager OYL FROM: Paul A. Bucich, P.E., Surface Water Manager, (, SUBJECT: 261h Avenue SW Stormwater Trunk Replacement Project- Project Acceptance BACKGROUND: Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The above -referenced contract with Pivetta Brothers Construction, Inc. is complete. The final construction contract amount is $673,995.76, which is $5,832.79 below the authorized project contract amount of $679,828.55 approved by the City Council on May 15, 2007. cc: Project File SUBJECT: Lake Jeane/Lake Lorene Outlet Improvements Project — 100% Design Status Report and Authorization to Bid POLICY QUESTION: Should the Council authorize staff to bid the Lake Jeane/Lake Lorene Outlet Improvements Project, and return to LUTC for bid award, further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: February 4, 2008 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Paul A. Bucich, P.E., Surface Water Mana DEPT: Public Works Attachments: Land Use and Transportation Committee memo dated February 4, 2008. Options Considered: 1. Authorize staff to bid the Lake Jeane/Lake Lorene Outlet Improvements Project and return to the LUTC to award the project to the lowest responsive, responsible bidder. 2. Do not authorize staff to bid this project and provide direction to staff. STAFF RECOMMENDATION: Staff recommends forwarding Option 1. CITY MANAGER APPROVAL: DIRECTOR APPROVAL: r� ,ttPP C c,l Committee Council COMMITTEE RECOMMENDATION: Place Option 1 on the February 19, 2008 Council Consent Agenda for approval. Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member PROPOSED COUNCIL MOTION: `I move to authorize staff to bid the Lake Jeane/Lake Lorene Outlet Improvements Project and return to the LUTC to award the project to the lowest responsive, responsible bidder. " (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: February 4, 2008 TO: Land Use and Transportation Committee VIA: Cary M. Roe, P.E., Assistant City Manager, Chief Operations Officer, Emergency Manager C?Yj2 FROM: Paul A. Bucich, P.E., Surface Water Manager ) SUBJECT: Lake Jeane/Lake Lorene Outlet Improvements Project —100% Design Status Report and Authorization to Bid BACKGROUND: On November 6, 2007, the Council authorized Surface Water Management staff to proceed with design of this project and return to the LUTC Committee at the 100% design completion stage for further reports and authorization. At Lake Jeane, this project will replace the two existing outlet structures with a new single outlet structure, and replace the two existing undersized and failing trunk lines with a new 36 -inch diameter concrete pipe between the outlet structure and the next downstream structure, approximately 210 feet. At Lake Lorene, this project will add a new lake outlet system to augment the existing lake outlet system. The new system will consist of a new lake intake and a piping system approximately 450 feet to be connected to the existing stormwater conveyance system downstream. The project design is now 100% complete, which includes the following completed tasks: ■ Completed topographical survey and mapping ■ Conducted geotechnical evaluation of the site subgrade and groundwater conditions ■ Conducted groundwater monitoring and evaluation ■ Gathered existing utility information ■ Completed SEPA process ■ Obtained HPA permit from State Department of Fish and Wildlife ■ Obtained Director's Approval from the City's Community Development Department ■ Obtained City of Federal Way Right -of -Way permit ■ Obtained easements from Twin Lakes Golf and Country Club and from Twin Lakes HOA ■ Achieved project design to 100% level ESTIMATED PROJECT EXPENDITURES: Design/Survey $174,500 Year 2008 Construction (Estimate) $584,800 10% Construction Contingency $58,500 10% Construction Management $58,500 Pavement impact mitigation 4,500 Advertising and Production Costs 4,000 TOTAL PROJECT COSTS $884,800 AVAILABLE FUNDING: TOTAL AVAILABLE BUDGET $945,000 cc: Project File Day File COUNCIL MEETING DATE: February 19, 2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Application of DOE Stormwater Grant POLICY QUESTION: Should Council support the proposed expenditues of the WA State Department of Ecology Stormwater grant funding received in 2007? COMMITTEE: Land Use and Transportation Committee MEETING DATE: February 4, 2008 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF.. Manage _................................................................................................................ Attachments: Land Use and Transportation Memo dated February 4, 2008. Options Considered: Approval of the itemized list of program enhancements/expansions from the February 0, 2008 LUTC memo to be funded by the $75,000 DOE Stormwater Grant received in 2007. Do not approve of the list and provide direction to staff. STAFF RECOMMENDATION: Staff CITY MANAGER APPROVAL: Option 1. t:ouncii DIRECTOR APPROVAL: Committee Council COMMITTEE RECOMMENDATION: LUTC recommends forwarding Option 1 to the February 19th, 2008 Council Consent Agenda for approval. Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member PROPOSED COUNCIL MOTION: `I move approval of the itemized list of program enhancements/expansions to be funded from the $75, 000 DOE Stormwater Grant. " (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: February 4, 2008 TO: Land Use and Transportation Committee VIA: Cary M. Roe, P.E., Assistant City Manager, C.O.O., Emergency Manager &0 FROM: Paul A. Bucich, P.E., Surface Water Manager`'_ SUBJECT: Application of DOE Stormwater Grant BACKGROUND: On August 7b, 2007 Council authorized Surface Water Management to accept a grant from the Washington State Department of Ecology to assist us in implementing the new 2007 National Pollutant Discharge Elimination System (NPDES) Permit requirements. The Grant Acceptance Intent Notice (GAIN) was submitted at the end of August and did not require specifics on how the monies were to be spent. At that time, SWM had yet to finalize the areas of program improvements and enhancements that would receive funding from the grant. Since then, City staff has been compiling a list of potential program elements the $75,000 grant could be used for to advance or enhance our NPDES Permit Phase II compliance. Please note that all grant funds are reimbursement of expenses. The following are program additions or enhancements SWM staff recommends be improved/enhanced within the available funding listed in order of priority: 1) GIS/GPS mapping of existing infrastructure — To complete the mapping efforts of the City's drainage infrastructure and correct known errors, the utility will hire three temporary employees for a period of approximately five (5) months ($33,600) to utilize existing GPS field equipment to locate structures such as catch basins, manholes, water quality structures, etc. This effort will allow us to correct existing problems in our electronic databases, map existing outfalls as required by the NPDES permit, locate potential illicit connections, and if time allows, locate and map the estimated 200 private commercial facilities not currently in our inspection database. This effort will require hardware (2 computers for $2,400) and software purchases (ArcGIS Desktop ArcView Level ($1,500), ArcPublisher Extension ($2,500), and GeoAdministrator (18,000)). ($60,000) 2) Increase public education and outreach efforts — To create a series of Public Service Announcements for Federal Way's Connections program focused on topical issues such as car washing and its impacts, Salmon Recovery efforts by Federal Way and how it ties into regional efforts, Urban Hydrology and local impacts, etc. ($5,000) 3) Temporary assistance for Public Education efforts - Utilize a part time employee for the busy months of May through September to assist with existing efforts such as the Car Wash kit checkout program, the Curb Marker program, and the Natural Yard Care program allowing us to track the effectiveness of these programs and ability to change public behaviors, both requirements of our NPDES permit. The part time individual would also conduct inspections to ensure proper use of the Car Wash kits on the weekends. ($6,000) 4) Purchase push camera — While the utility currently contracts for TV inspection services with a private vendor, this has been focused primarily on inspection of larger public storm lines for maintenance or repair needs. Often SWM staff has a need to "see" into a private system to determine if there is an illicit connection such as a floor drain inside a business connected to the outside drainage system or how the private drainage system actually is connected vs. what any as -built plans indicate. This unit would be used by SWM maintenance, inspectors, engineering, and water quality staff on a regular basis. ($4,000) cc: Project File SUBJECT: Evidence Building Generator Bid Award and Installation Bid Rejection POLICY QUESTION: Should the Council award the Evidence Building Generator Purchase to the lowest responsive, responsible bidder and reject the bid for the Evidence Building Generator Installation? COMMITTEE: Land Use and Transportation Committee MEETING DATE: February4, 2008 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other STAFF REPORT BY: Ken Miller, P.E., Deputy Public Works Director DEPT: Public Works Steve Ikerd, Parks and Facilities Manager Attachments: Land Use and Transportation Committee memorandum dated February 4, 2008. Options Considered: 1. Award the Evidence Building Generator Purchase to Cummins Northwest, the lowest responsive, responsible bidder, in the amount of Thirty -Three Thousand Fifty -Eight and no/100 Dollars ($33,058) plus state sales tax and reject the Generator Installation bid by Fuller Electric, re -bidding this work using the small works roster prior to the arrival of the generator. 2. Reject all bids for both the Evidence Building Generator Purchase and the Generator Installation, re -bid both items and return to Committee for further action. 3. Do not award the Evidence Building Generator Purchase to the lowest responsive, responsible bidder, reject the bid for the Generator Installation and provide direction to staff. STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER APPROVAL: DIRECTOR APPROVAL: Cn e n ril Committee Council COMMITTEE RECOMMENDATION: Forward staff recommendation for Option 1 to the February 19, 2008 City Council Consent Agenda for approval. Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member PROPOSED COUNCIL MOTION: `I move awarding the Evidence Building Generator Purchase to Cummins Northwest, the lowest responsive, responsible bidder, in the amount of Thirty -Three Thousand Fifty -Eight and no/100 Dollars ($33,058) plus state sales tax and rejecting the Generator Installation bid by Fuller Electric, re -bidding this work using the small works roster prior to the arrival of the generator. " (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: February 4, 2008 TO: Land Use and Transportation Committee VIA: Cary M. Roe, P. E., Assistant City Manager, Chief Operations Officer, Emergency Manager FROM: Ken Miller, P.E., Deputy Public Works Director Steve Ikerd, Parks and Facilities Manager SUBJECT: Evidence Building Generator Bid Award and Installation Bid Rejection BACKGROUND At the July 17, 2007 City Council meeting, the Council approved the purchase of additional emergency equipment to assist the City in providing services to our citizens and businesses during emergency conditions. This included the purchasing and installation of an emergency generator for the evidence building. Three (3) bids were received and opened on January 8 2008 for the Evidence Building Generator and one (1) bid for the installation. See Bid Tabulation below. The lowest responsive, responsible bidder for the generator is Cummins Northwest with a bid of $33,058.00. There was only one bid of $15,400.00 received for the generator installation and wiring from Fuller Electric. Reference checks on Cummins Northwest by City staff indicates that the contractor has performed similar work in the past, including the installation of the existing City Hall generator. Therefore staff recommends awarding the evidence building standby generator to Cummins Northwest, the lowest responsive, responsible bidder in the amount of $33,058.00 plus state sales tax. Staff also recommends rejecting the Fuller Electric bid for the generator installation and rebid this work using the small works roster prior to the arrival of the generator. BIDS RECEIVED: Cummins Northwest (Generator) Tacoma Diesel (Generator) Pacific Power & Generation (Generator) Install Only: Fuller Electric * PLUS STATE SALES TAX cc: Project File K:\LUTC\2008\02-04-08 Evidence Building Generator - Bid Award.doc $ 33,058* $ 33,689* $ 35,000* $ 15,400* COUNCIL MEETING DATE: May 17, 2005 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: HISTORICAL STREET NAME SIGNS POLICY QUESTION: Should the City approve the template for historical street name signs and assume maintenance costs for their. replacement? COMMITTEE: Land Use/Transportation MEETING DATE: February 4, 2008 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Rick Perez, P.E., City Traffic Engineer DEPT: Public Works ........._._........ ..... .................................... ._............................................... _....................................... .......................................... ........................................ _.... ................................................... ............................................. _........................ ... _..... _.... _...................................... ..........._...... __......... _.... __.................. _...... _..... Attachments: 1. Staff report with exhibits to the LUTC dated February 4, 2008. Options Considered: 1. Approve the Historical Society's preferred alternative design and assume maintenance costs. 2. Select a different alternative design 3. Do not assume sign replacement costs. STAFF RECOMMENDATION: Staff; inends Option 1. CITY MANAGER APPROVAL: DIRECTOR APPROVAL: �— w Council Committee Council COMMITTEE RECOMMENDATION: Forward staff recommendation for Option 1 to the February 19, 2008 City Council Consent Agenda. Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member PROPOSED COUNCIL MOTION: `7 move approval of the staff recommendation adopting the Historical Society's template for historical street name signs and having the City maintain these signs . " 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: February 4, 2008 TO: City Council VIA: Cary M. Roe, P.E., Assistant City Manager, Chief Operations Officer, Emergency Manager A4,,_ FROM: Rick Perez, P.E., City Traffic Engineer SUBJECT: Historical Street Name Signs BACKGROUND: The Historical Society of Federal Way requested financial support in the 2007/2008 budget for street signage identifying the historical street names in Federal Way. This is consistent with one of the goals of the Growth Management Act, as RCW 36.70A.020(13) reads: "Identify and encourage the preservation of lands, sites, and structures, that have historical or archaeological significance." The adopted budget provided $5000 towards that effort. Staff has been working with the Historical Society to define the scope of this effort and associated costs, and develop a sign template. The Historical Society has chosen to focus its efforts on overhead street name signs at signalized intersections to maximize visibility of historical street names to the public. The streets with historical street names are shown in Figure 1. The Historical Society has selected their preferred design template for these signs: The following pages show all alternatives considered. This sign template would replace existing signs, regardless of age. The cost of fabricating a completely new sign ($175) is far outweighed by the additional cost of labor and a bucket truck to removing the existing sign, bolting a new sign to the existing sign, and reinstalling the two signs ($275). The total cost per sign is roughly $400, so the allotted budget would fund 12 signs. Maintenance and replacement costs would be assumed within the City's sign maintenance budget. One caveat is that brown sign sheeting has a shorter life than green sheeting as it fades more rapidly from exposure to sunlight. Consequently, these signs will have a life of 3-5 years, compared to 7-10 years for a normal street name sign. Staff proposes to continue working with the Historical Society to prioritize sign locations to within the budget, and thereafter would install the historical street name signs as existing street name signs are replaced. It should be noted that the Federal Highway Administration has adopted new reflectivity February 4, 2008 Land Use and Transportation Committee Historical Street Name Signs Page 2 standards for roadway signing; thus sign maintenance budgets may need to increase in the future as signs may need to be replaced more frequently. soma's . 3 tZod SP �Redorubol os OMMB .� i MW EtOH pont ctl � .►' t. crow► vkm 005 cc w We T. car - .. :ll i l.► M* V A' �i§, I ='*' t libo Road .SNO) Harding �+, CcaassW�ity Figure 1— Historical Street Names in Federal Way cc: Project File Day File K -I;t IC\2008' i2 044 08 historical Street Name S€! ns-doc I tNM iSiTNDM iY LEH F�#,Cli February 4, 2008 Land Use and Transportation Committee Historical Street Name Signs Page 3 February 4, 2008 Land Use and Transportation Committee Historical Street Name Signs Page 4 _ _ COUNCIL MEETING DATE: March 4, 2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SELECTION PROCESS — 2007 AND 2008 AMENDMENTS TO THE COMPREHENSIVE PLAN POLICY QUESTION: Which Comprehensive Plan Text and Map Change Requests should move forward through the public process as part of the 2007/8 Comprehensive Plan Amendment Process? COMMITTEE: Land Use Transportation Committee (LUTC) MEETING DATE: February 4, 2008 CATEGORY: ❑ Consent ❑ Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: Isaac Conlen, Senior Planner,, -Z,., ATTACHMENTS: Staff Report to the LUTC. ® Public Hearing ❑ Other DEPT: Community Development Services OPTIONS CONSIDERED: Six citizen -initiated requests for amendments to the comprehensive plan and zoning map were submitted for consideration to determine whether they should move forward through the public process as part of the 2007/8 Comprehensive Plan Amendment Updates. Please see the attached staff reports for further detail. STAFF RECOMMENDATION: Move forward Text Request #1 (PSE), Site Specific Request #1 (Shin), and Site Specific Request #2 (Federal Way Village). Do not move forward Site Specific Requests #3 (Nguyen), #4 (Koszarek), and #5 (Velasco). CITY MANAGER APPROVAL: Vmb) DIRECTOR APPROVAL: /w,/' ,ittee 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 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # 41k CITY OF Federal Way DATE: January 16, 2008 TO: Linda Kochmar, Chair Land Use/Transportation Committee (LUTC) VIA: Cary Roe, Assistant City Manager/Chief Operation Officer M; FROM: Greg Fewins, Interim Director of Community Development Services Isaac Conlen, Senior Planner� SUBJECT: Selection Process — Amendments to the Comprehensive Plan MEETING DATE: February4, 2008 I. POLICY QUESTION Which of the six requested comprehensive plan amendments should City of Federal Way staff research further? II. BACKGROUND The City accepts applications on a yearly basis for amendments to the Federal Way Comprehensive Plan (FWCP) text and map. Due io work load constraints, comprehensive plan amendment requests received in 2006 have not been processed, so the current cycle includes requests received in 2006 and 2007. Pursuant to Federal Way City Code (FWCC) Section 22-523, after the September 30`h deadline for accepting applications, and following an LUTC recommendation, the City Council shall hold a public hearing and select those docketed amendment requests it wishes to move to the Planning Commission for further consideration. III. COMPREHENSIVE PLAN AMENDMENTS Changes and updates to the comprehensive plan can be divided into text changes to chapters of the comprehensive plan and requests for changes to comprehensive plan designations and zoning for specific parcels, which would result in changes to the Comprehensive Plan Map and Official Zoning Map. A. Potential Text Changes Chapter 10, Utilities — Puget Sound Energy has requested a series of text changes to the utilities chapter (Exhibit B). Land Use/Transportation Committee (LUTC) Meeting Date: February 4, 2008 Selection Process — Comprehensive Plan Amendments Page I of 16 B. Comprehensive Plan Map and Zoning Map Requests There are a total of five site-specific requests (Exhibit A) for changes to the comprehensive plan designation and zoning. In September 2006, the City received two site-specific requests (Exhibits C and D). Due to workload, staff has not initiated any work on these requests to date. In September 2007, three additional site-specific requests were received (Exhibits E, F, and G). Staff is proposing to combine the site-specific requests received in September 2006 (2007 Comprehensive Plan Amendments) with those received in September 2007 (2008 Comprehensive Plan Amendments). By combining the 2007 and 2008 site-specific requests, we will be able to complete both updates in 2008 and be on schedule for the 2009 Comprehensive Plan Update (deadline for these requests is September 30, 2008). IV. REASON FOR COUNCIL ACTION Pursuant to FWCC Chapter 22, Article IX, "Process VI Review," the City Council is required to review all requests concurrently. The first step in the process is a public hearing by the Council, at which time the Council selects those amendment requests it wishes staff to research further. V. PROCEDURAL SUMMARY FOR COMPREHENSIVE PLAN AMENDMENT PROCESS February 4, 2008 LUTC Meeting — A summary of all requests will be presented to the LUTC for a recommendation on which requests should be considered further. March 2008 Public Hearing by City Council. The City Council shall determine which requests should be considered further. VI. SUMMARY OF REQUESTS A composite map showing the location of all site-specific requests is attached as Exhibit A. 2007 Comprehensive Plan Amendment Requests 1. Text Amendment Request — Request from Puget Sound Energy to update the Utilities Chapter of the comprehensive plan to reflect existing infrastructure and future planning (Exhibit B). 2. Site -Specific Request #1— Request from Mr. Un -Ha Shin to change the comprehensive plan designation and zoning of two parcels totaling 5.01 acres located east of Pacific Highway South at approximately the 27700 block and directly east of the Silver Shadow apartment complex, from Single Family High Density and RS 7.2 (Single Family, one unit per 7,200 square feet) to Multi -Family and RM 2400 (Multi Family, one unit per 2,400 square feet, Exhibit Q. 3. Site -Specific Request #2 — Request from Federal Way Village LLC (developer of the Federal Way village project at Kitts Corner) to change the comprehensive plan designation and zoning of 1.53 acres located at 33901 Pacific Highway South, from Multi -Family and RM 2400 (Multi Family, one unit per 2,400 square feet) to Community Business and Community Business (BC) zoning (Exhibit D). Land Use/Transportation Committee (LUTC) Meeting Date: February 4, 2008 Selection Process — Comprehensive Plan Amendments Page 2 of 16 2008 Comprehensive Plan Amendment Requests 4. Site -Specific Request #3 — Request from Ms. Trinh Nguyen to change the comprehensive plan designation and zoning of two lots totaling 13,210 square feet located at the southwest corner of the intersection of South 2880' Street and 18`' Avenue South, from Multi -Family and RM 3600 (Multi Family, one unit per 3,600 square feet) to Community Business and Community Business (BC) zoning (Exhibit E). 5. 'Site -Specific Request #4 — Request from Mr. Peter J. Koszarek (also known as `One Dash Point' request) to change the comprehensive plan designation and zoning of a 19.86 acre - parcel located south and west of 21" Avenue SW and directly south of the Lakota Palisades I and Lakota Ridge subdivisions, from Single Family Medium Density and RS 15.0 to Multi - Family and RM 2400 (18 units/acre) (Exhibit 1). 6. Site -Specific Request #S — Request from Robert Velasco to change the comprehensive plan designation and zoning of 0.75 acres located at the northwestern corner of Hoyt Road SW and SW 34001 Street from Single Family High Density Residential and RS 9.6 (Single Family, one unit per 9,600 square feet) to Neighborhood Business and Neighborhood Business (BN) zoning (Exhibit G). VII. BACKGROUND AND STAFF ANALYSIS A. Text Amendment Request #1— Puget Sound Energy 1. Summary File Number: 06 -105011 -UP Parcel No.'s: N/A Address: N/A Location: City-wide Size: N/A Existing Land Use: N/A Applicant: Puget Sound Energy (PSE) Owner: N/A Request: Text changes to the Utilities chapter to update PSE's infrastructure and future construction planning 2. Background The utilities chapter of the comprehensive plan addresses public and private utilities and utility providers. This chapter was last updated in 2003. PSE has identified updates that are necessary to reflect its current infrastructure inventory, projected growth, and planned improvements and construction. B. Site -Specific Request #1— SHIN Applicant originally requested comprehensive plan amendment to Neighborhood Businesses and corresponding BN zoning, but subsequently contacted staff and modified the request as noted above. Land Use/Transportation Committee (LUTC) Meeting Date: February 4, 2008 Selection Process — Comprehensive Plan Amendments Page 3 of 16 1. Summary File Number: Parcel No.: Address; Location: Size: Existing Land Use: Applicant: Owner: Existing Comprehensive Plan: Existing Zoning: Requested Comprehensive Plan: Requested Zoning: 06 -104550 -UP 7204800172 & 7204800174 N/A East of Pacific Highway South, at approximately the 27700 block and directly east of the Silver Shadow apartment complex (Exhibit C) 5.01 acres Vacant Un -Ha Shin Tae M. Chung and Kim Hae Soung Single Family High Density RS 7.2 (Single Family, one unit per 7,200 square feet) Multi -Family RM 2400 Z Background The applicant requests a change from RS 7.2 zoning to RM 2400, which would allow multi -family dwelling units at 18 units/acre. The site is heavily forested with coniferous and deciduous trees, bushes, and undergrowth. Topography is generally flat. The site does not front on a public street. The applicant has not been able to demonstrate how vehicular access is provided to the site. This issue must be resolved prior to any final decisions regarding zoning on the site. City maps show a small section of stream in the southeast corner of the site. Surrounding Zoning & Land Use C. Site -Specific Request #2 — Federal Way Village LLC 1. Summary File Number: Zoning Land Use North BC Park and ride transit lot South RS 7.2 Vacant East I RS 7.2 Storm water ponds and single-family residential lots West I RM 2400 Silver Shadow Apt. complex C. Site -Specific Request #2 — Federal Way Village LLC 1. Summary File Number: 06 -104976 -UP Parcel No.: 2021049004 & 2021049072 Address: 33901 Pacific Hwy S Location: Same as above (Exhibit D) Size: 1.53 acres (portion of 12.19 acre site) Applicant: Federal Way Village, LLC Owner: Kitts Corner Development, LLC Existing Comprehensive Plan: Multi -Family Land Use/Transportation Committee (LUTC) Meeting Date: February 4, 2008 Selection Process — Comprehensive Plan Amendments Page 4 of 16 Existing Zoning: Requested Comprehensive Plan: Requested Zoning: 2. Background RM 2400 (Multi Family, one unit per 2400 square feet) Community Business Community Business (BC) The entire site is forested, with the exception of some trails and unpaved roads. A significant wetland and stream system bisects the subject property into eastern and western portions. Access points are available from Pacific Highway South and South 336`'' Street. Surrounding Zoning & Land Use The applicant is requesting to change a portion of a larger site from Multi -Family and RM 2400 to BC and BC zoning in connection with a large scale mixed use development proposal, know as the Federal Way Village, consisting of a retail center on the east side of the property and a townhouse project on the west side of the property. The existing boundary between RM 2400 and BC does not follow parcel lines, but rather, generally follows the approximate east buffer edge of the wetland/stream that bisects the middle of the site in a north -south direction. The proposed amendment would adjust comprehensive plan and zoning boundaries such that all multi -family zoning would be situated on the west side of the wetland feature and all BC zoning would be situated on the east side. Property to the south and west was recently rezoned from Business Park (BP) to Commercial Enterprise (CE). D. Site -Specific Request #3 — Nguyen 1. Summary File Number: Parcel No's: Address: Location: Size: Existing Land Use: Applicant: Owner: Existing 07 -105968 -UP 0421049261 & 0421049115 N/A Southwest corner of the intersection of South 2880' Street and 180' Avenue South (Exhibit E) 13,210 square feet Vacant Trinh Nguyen Same Land Use/Transportation Committee (LUTC) Meeting Date: February 4, 2008 Selection Process — Comprehensive Plan Amendments Page 5 of 16 Zoning Land Use North BC & RM 2400 Vacant forested land — part of Federal Way Village site. South Commercial Enterprise Vacant lot and regional stormwater facility East BC Auto repair shop and small real estate office and Canopy World store across Pacific Highway. West RM 2400 West Campus Business park The applicant is requesting to change a portion of a larger site from Multi -Family and RM 2400 to BC and BC zoning in connection with a large scale mixed use development proposal, know as the Federal Way Village, consisting of a retail center on the east side of the property and a townhouse project on the west side of the property. The existing boundary between RM 2400 and BC does not follow parcel lines, but rather, generally follows the approximate east buffer edge of the wetland/stream that bisects the middle of the site in a north -south direction. The proposed amendment would adjust comprehensive plan and zoning boundaries such that all multi -family zoning would be situated on the west side of the wetland feature and all BC zoning would be situated on the east side. Property to the south and west was recently rezoned from Business Park (BP) to Commercial Enterprise (CE). D. Site -Specific Request #3 — Nguyen 1. Summary File Number: Parcel No's: Address: Location: Size: Existing Land Use: Applicant: Owner: Existing 07 -105968 -UP 0421049261 & 0421049115 N/A Southwest corner of the intersection of South 2880' Street and 180' Avenue South (Exhibit E) 13,210 square feet Vacant Trinh Nguyen Same Land Use/Transportation Committee (LUTC) Meeting Date: February 4, 2008 Selection Process — Comprehensive Plan Amendments Page 5 of 16 E. Comprehensive Plan: Multi -Family Existing Zoning: RM 2400 Requested Comprehensive Plan: Community Business Requested Zoning: Community Business (BC) Z. Background The subject property consists of two small lots, which appear to have been platted for construction of single-family homes. The current multi -family designation and zoning would allow development of three multi -family type dwelling units on the subject property. The property is flat, vegetated with grass and blackberry bushes and some small trees and bushes along the west property line. Access is from 18a' Avenue South. The applicant indicates a desire to construct a mixed use building with office on the ground floor and dwelling units on the next level(s). BC zoning would allow up to six dwelling units, based on the size of the site. Given the small size of the site, parking requirements may be a limiting factor in the amount of mixed use type development that can occur on the site. Surrounding Zoning & Land Use The property is located in an area of transitional land uses. Commercial and high density multi -family uses transition to single family uses from west to east in this area. Site -Specific Request #4 — Koszarek 1. Summary File Number: Zoning Land Use North BC & RM 3600 Day Care Center South RM 3600 Single family houses East RS 7.2 18`h Avenue South and single family houses West BC Mixed use building (office and residential) The property is located in an area of transitional land uses. Commercial and high density multi -family uses transition to single family uses from west to east in this area. Site -Specific Request #4 — Koszarek 1. Summary File Number: 07 -105374 -UP Parcel No's: 1221039037 Address: N/A Location: South and west of 21" Avenue SW and directly south of the Lakota Palisades I and Lakota Ridge subdivisions (Exhibit F). Size: 19.86 acres Applicant: Peter Koszarek Owner: Same Existing Comprehensive Plan: Single Family Medium Density Existing Zoning: RS 15.0 (Single Family, one unit per 15,000 square feet) Requested Comprehensive Plan: Multi -Family Requested Zoning: RM 2400 Land Use/Transportation Committee (LUTC) Meeting Date: February 4, 2008 Selection Process — Comprehensive Plan Amendments Page 6 of 16 F. 2. Background The subject property abuts a short stretch of 2151 Avenue SW (although a curb cut and driveway do not exist at this time). Another access point (22"d Avenue SW), which may be difficult to utilize due to environmental constraints, dead ends at the property's northern edge. The property is encumbered by steep slopes, sloping downward from the northeast corner to the south and west. Lakota creek and several small tributaries or seeps that feed the creek run through the property, with the main creek running generally in an east/west direction and several small tributaries feeding it from the north. Surrounding Zoning & Land Use The stream and slopes present significant challenges to development of the property. Improvements would likely be limited to the portion of the property north of Lakota Creek, at a minimum, and would likely be further constrained. The applicant originally requested an amendment to the Neighborhood Business designation and BN zoning. Following discussion with staff, the applicant amended the request to seek the Multi -Family designation and RM2400 zoning. The applicant indicates that single-family residential development of the property is infeasible due to the extensive critical areas present on the site. He indicates that if re- designated to allow multi -family development, specifically town homes, economically viable improvements could be clustered in the less sensitive portion of the site, with the more sensitive portions maintained in an undeveloped condition. Site -Specific Request # 5 — Velasco 1. Summary File Number: Parcel No.: Address: Location: Size: Applicant: Owner: Existing Comprehensive Plan: Existing Zoning: 07 -105450 -UP 921152-0590 No site address Northwest corner of Hoyt Road SW and SW 3400'Street (Exhibit G) 0.75 acre Robert Velasco, Jr. Same as applicant Single Family High Density Residential RS 9.6 (Single Family, one unit per 9,600 square feet) Land Use/Transportation Committee (LUTC) Meeting Date: February 4, 2008 Selection Process — Comprehensive Plan Amendments Page 7 of 16 Zoning Land Use North RS 9.6 Single-family residential South RS 15.0 Single-family residential East BN Mini storage facility West RS 15.0 Single family home on large lot The stream and slopes present significant challenges to development of the property. Improvements would likely be limited to the portion of the property north of Lakota Creek, at a minimum, and would likely be further constrained. The applicant originally requested an amendment to the Neighborhood Business designation and BN zoning. Following discussion with staff, the applicant amended the request to seek the Multi -Family designation and RM2400 zoning. The applicant indicates that single-family residential development of the property is infeasible due to the extensive critical areas present on the site. He indicates that if re- designated to allow multi -family development, specifically town homes, economically viable improvements could be clustered in the less sensitive portion of the site, with the more sensitive portions maintained in an undeveloped condition. Site -Specific Request # 5 — Velasco 1. Summary File Number: Parcel No.: Address: Location: Size: Applicant: Owner: Existing Comprehensive Plan: Existing Zoning: 07 -105450 -UP 921152-0590 No site address Northwest corner of Hoyt Road SW and SW 3400'Street (Exhibit G) 0.75 acre Robert Velasco, Jr. Same as applicant Single Family High Density Residential RS 9.6 (Single Family, one unit per 9,600 square feet) Land Use/Transportation Committee (LUTC) Meeting Date: February 4, 2008 Selection Process — Comprehensive Plan Amendments Page 7 of 16 Requested Comprehensive Plan: Neighborhood Business Requested Zoning: Neighborhood Business (BN) Z. Background This parcel is Tract F of Wedgewood West, Division III, a single-family subdivision recorded in 1988. The owner purchased the property in 1991. The parcel is located at the tip of the cul-de-sac on SW 338th Street. Access is from a driveway tract off the end of the cul-de-sac. The topography of the property is relatively flat. The site is vegetated with deciduous trees and underbrush. The site is bordered by Hoyt Road SW and SW 3400' Street (both arterials) on three sides. The applicant wishes to construct a medical office on the subject property. Surrounding Zoning & Land Use A request for a change in comprehensive plan designation and zoning has been submitted four times before for this parcel. As part of the 1995, 1999, and 2003 Comprehensive Plan Updates, the applicant requested a change in comprehensive plan designation and zoning from Residential to Neighborhood Business. The 1995 and 1999 requests were selected for further review, but ultimately denied by City Council. The 2003 request was denied at the selection process public hearing. As part of the 2004 Comprehensive Plan Update, the applicant requested a change in comprehensive plan designation to Professional Office. This request was denied at the selection process public hearing. VII. SELECTION CRITERIA FWCC Section 22-523 stipulates criteria for selecting amendments for further consideration. A. Criterion #1 Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. Response to Criterion #1 Request Zoning Land Use North RS 9.6 Single-family residential South BN Chevron gas station, Northshore Market and Hoyt Road Retail Center East RS 9.6 Single-family residential West RS 9.6 Single-family residential A request for a change in comprehensive plan designation and zoning has been submitted four times before for this parcel. As part of the 1995, 1999, and 2003 Comprehensive Plan Updates, the applicant requested a change in comprehensive plan designation and zoning from Residential to Neighborhood Business. The 1995 and 1999 requests were selected for further review, but ultimately denied by City Council. The 2003 request was denied at the selection process public hearing. As part of the 2004 Comprehensive Plan Update, the applicant requested a change in comprehensive plan designation to Professional Office. This request was denied at the selection process public hearing. VII. SELECTION CRITERIA FWCC Section 22-523 stipulates criteria for selecting amendments for further consideration. A. Criterion #1 Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. Response to Criterion #1 Request Response Text Amendment Request — Puget Sound Energy This issue was not studied in the previous amendment process. Land Use/Transportation Committee (LUTC) Meeting Date: February 4, 2008 Selection Process — Comprehensive Plan Amendments Page 8 of 16 Request Response Site Specific Request #1 — Shin This area was not studied in the previous amendment process. Site Specific Request # 2 — Federal Way Village This area was not studied in the previous amendment process. Site Specific Request # 3 - Nguyen This area was not studied in the previous amendment process. Site Specific Request # 4 — Koszarek This area was not studied in the previous amendment process. Site Specific Request # S — Velasco As noted above, this site has been evaluated four times in the past, including the previous comprehensive plan update process when the applicant requested a change in comprehensive plan designation to Professional Office. The City Council determined the request should not be selected for fiuther consideration. Conditions have not significantly changed since the previous comprehensive plan update process, such that the proposed amendment would be in the public interest. B. Criterion #2 The proposed amendment is consistent with the overall vision of the comprehensive plan. Response to Criterion #2 Request Response Text Amendment Request — Puget Sound Energy The request is consistent with the comprehensive plan. The proposed changes are necessary to reflect changes in PSE's infrastructure and proposed improvement plan, and is consistent with the overall vision of the comprehensive plan. Site Specific Request #1 — Shin The comprehensive plan does not provide locational criteria for the multi -family designation. Land Use Policy (LUP) 9 states, "Designate and zone land to provide for Federal Way's share of regionally adopted demand forecast for residential, commercial and industrial uses for the next 20 years." There are currently 1,323 acres of multi family zoned land within city limits. Of this total, approximately 90 percent is developed, leaving only 10 percent vacant. Regional forecasts prepared by King County and its cities and adopted in the Buildable Lands Report call for the city to absorb 5,475 residential units over the next 14 years. Recently, market forces and turmoil in the lending industry are causing a shift in demand from single family ownership units to rental units. Demand for rental units is expected to increase in the immediate future and an adequate supply of land to accommodate this demand is necessary to maintain affordable rental rates. This request is consistent with the overall vision of the comprehensive plan. Site Specific Request # 2 — Federal Way Village The comprehensive plan identifies the Pacific Highway corridor Land Use/Transportation Committee (LUTC) Meeting Date: February 4, 2008 Selection Process — Comprehensive Plan Amendments Page 9 of 16 Request Response as the appropriate location for the Community Business designation. The proposed location is consistent with the overall vision of the comprehensive plan. Site Specific Request # 3 - Nguyen The comprehensive plan identifies the Pacific Highway corridor as the appropriate location for the Community Business designation. The request is consistent with this locational criteria. Policy LUP 15 states, "Protect residential areas from impacts of adjacent non-residential uses." Re -designating the subject property to allow commercial uses may negatively impact adjacent residential areas to the east and south, which would be inconsistent with this policy. Certain uses allowed in the BC zone, such as auto repair, gas stations, car washes, and others tend to be incompatible with single family residential uses, which exist to the south and east. This request does not appear to be consistent with the overall vision of the comprehensive plan. Site Specific Request # 4 — Koszarek The applicant sites a number of comprehensive plan policies and goals (LUP9, LUP 10, LUG4, HP2, HP 13 and HP 19) to support the request. LUP9 states in part: "Designate and zone land for Federal Way's share of regionally adopted demand forecasts for ... residential ... uses for the next 20 years." There does appear to be a need for additional medium to high density residential zoned land to accommodate adopted demand forecasts. The overall vision, however, suggests these land uses should primarily be located in the city center and along the Hwy 99 corridor. Most of the other policies and goals cited are from the housing chapter of the comprehensive plan. These goals and policies refer to the need to accommodate a variety of housing types to accommodate housing choice for residents at a variety of income levels. Again, the applicant's request would result in a greater supply of land to provide flexible housing options. The comprehensive plan, however, envisions these land uses in the city center and Hwy 99 corridor. The Future vision statement in Chapter 1 of the comprehensive plan states, in part: "Some new multi -family development is concentrated in the city center/99 corridor area...". The city is taking steps to accommodate future growth projections and allow flexible housing types by promoting high density development in the city center and surrounding areas and Land Use/Transportation Committee (LUTC) Meeting Date: February 4, 2008 Selection Process — Comprehensive Plan Amendments Page 10 of 16 Request Response by allowing creative infill housing options such as cottage housing, small lot and zero lot line options. This request appears to be inconsistent with the overall vision of the comprehensive plan. Site Specific Request # 5 — Velasco The request is consistent with the following comprehensive plan policy. LUP49: "In designating new or expanding Neighborhood Business centers, the adjacent zoning and land use shall be carefully considered. New Neighborhood Business centers are most appropriately located adjacent to multiple family and high-density single family residential areas." The adjacent zoning to the west, north and east is RS 9.6 (Single - Family High Density) with single-family homes. Zoning to the south is BN. Policy LUP 15 states, "Protect residential areas from impacts of adjacent non-residential uses." Re -designating the subject property to allow commercial/office uses may negatively impact adjacent residential areas, primarily to the north, which would be inconsistent with this policy. The comprehensive plan contains policies that both support and oppose the request. C. Criterion #3 Whether the proposed amendment meets the existing state and local laws, including the Growth Management Act (GMA). Response to Criterion #3 All requests meet existing state and local laws, including the GMA. D. Criterion #4 In the case of text amendments, or other amendments to goals or policies, whether the request benefits the City as a whole versus a selected group. Response to Criterion #4 This criterion applies only to the proposed text amendments from PSE. The proposed amendments would benefit all residents, property owners, and businesses in Federal Way equally. If the request meets the criteria set forth in subsections above, it shall be further evaluated according to the following criteria: Requests 1 (PSE), 2 (Shin), and 3 (Federal Way Village) meet the criteria set forth above. Requests 4 (Nguyen), 5 (Koszarek), and 6 (Velasco) do not. Land Use/Transportation Committee (LUTC) Meeting Date: February 4, 2008 Selection Process — Comprehensive Plan Amendments Page i 1 of 16 E. Criterion #1 Whether the proposed amendment can be incorporated into planned or active projects. Response to Criterion #1 If the City Council determines that any of these requests should be analyzed further, all of the requests can be incorporated into the 2008 Planning Commission Work Program. F. Criterion #2 Amount of analysis necessary to reach a recommendation on the request. If a large-scale study is required, a request may have to be delayed until the following year due to workload, staffing levels, etc. Response to Criterion #2 None of these requests require large-scale studies. G. Criterion #3 Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. Response to Criterion #3 A total of six requests have been received (in 2006 and 2007). Three are recommended to move forward for further consideration. All requests can be reviewed this year (2008). K Criterion #4 Order of requests received. Response to Criterion #4 The requests were received in the following order: 1. Shin Request 2. Federal Way Village Request 3. PSE Request 4. Nguyen Request 5. Koszarek Request 6. Velasco Request V111. COUNCIL ACTION Pursuant to FWCC Section 22-523(d), based on its review of requests according to the criteria in Section VII of this staff report, the City Council shall determine which requests shall be further considered for adoption and shall forward those requests to the Planning Commission for its review and recommendation. The Council's decision to consider a proposed amendment shall not constitute a decision or recommendation that the proposed amendment should be adopted, nor does it preclude later Council action to add an amendment for consideration. Land Use/Transportation Committee (LUTC) Meeting Date: February 4, 2008 Selection Process — Comprehensive Plan Amendments Page 12 of 16 IX. STAFF RECOMMENDATION Staff recommends three of the six requests to move forward for further consideration. This recommendation should not be construed as a recommendation for approval of the request. A. Text Amendment Request #1— PSE StaffRecommendation Recommendation — Staff recommends that the LUTC forward the proposed amendment for further consideration by the Planning Commission, LUTC, and City Council. B. Site -Specific Request # 1— Request from Un -Ha Shin to change the comprehensive plan designation and zoning of two parcels totaling 5.01 acres located east of Pacific Highway South, at approximately the 27700 block and directly east of the silver Shadow apartment complex, from Single Family High Density and RS 7.2 (Single Family, one unit per 7,200 square feet) to Multi -Family and RM 2400 (Multi Family, one unit per 2,400 square feet). Staff Recommendation — Staff recommends that the LUTC forward the proposed amendment request for consideration by the Planning Commission, LUTC, and the City Council. C. Site -Specific Request # 2 — Request from Federal Way Village LLC (developer of the Federal Way village project at Kitts Corner) to change the comprehensive plan designation and zoning of 1.53 acres located 33901 Pacific Highway South, from Multi -Family and RM 2400 (Multi Family, one unit per 2,400 square feet) to Community Business and Community Business zoning. Staff Recommendation — Staff recommends that the LUTC forward the proposed amendment request for consideration by the Planning Commission, LUTC, and the City Council. D. Site -Specific Request # 3 — Request from Ms. Trinh Nguyen to change the comprehensive plan designation and zoning of two lots totaling 13,210 square feet located at the southwest corner of South 288t` Street and 18`h Avenue South, from Multi -Family and RM 3600 (Multi Family, one unit per 3,600 square feet) to Community Business and Community Business (BC) zoning. Staff Recommendation — This request does not appear to be consistent with selection criteria #2. Staff recommends that the LUTC not forward the proposed amendment request for consideration by the Planning Commission, LUTC, and the City Council. E. Site -Specific Request # 4 — Request from Mr. Peter J. Koszarek to change the comprehensive plan designation and zoning of the northern portion of a 19.86 acre -parcel located south and west of 21" Avenue South and directly south of the Lakota Palisades I and Lakota Ridge subdivisions, from Single Family Medium Density and RS 15.0 to Multi -Family and RM 2400 zoning. Staff Recommendation — This request does not appear to be consistent with selection criteria #2. Staff recommends that the LUTC not forward the proposed amendment request for consideration by the Planning Commission, LUTC, and the City Council. Land Use/Transportation Committee (LUTC) Meeting Date: February 4, 2008 Selection Process — Comprehensive Plan Amendments Page 13 of 16 An alternative would be to recommend the designation and zoning of the property be changed to Single Family High Density and RS 9.6 (9.6 single family residential units/acre). F. Site -Specific Request # 5 — Request from Robert Velasco to change the comprehensive plan designation and zoning of 0.75 acres located at the northwestern corner of Hoyt Road SW and SW 340`h Street from Single Family High Density Residential and RS 9.6 (Single Family, one unit per 9,600 square feet) to Neighborhood Business (BN). Staff Recommendation — This request is not consistent with selection criteria #1. Staff recommends that the LUTC not forward the proposed amendment request for consideration by the Planning Commission, LUTC, and the City Council. X. LAND USE/TRANSPORTATION COMMITTEE RECOMMENDATION The LUTC forwards the recommendation to the full Council as follows: 1. PSE Request a) That the request go forward for further consideration. b) That the request not go forward for further consideration. 2. Shin Request a) That the request go forward for further consideration. b) That the request not go forward for further consideration. Land Use/Transportation Committee (LUTC) Meeting Date: February 4, 2008 Selection Process — Comprehensive Plan Amendments Page 14 of 16 3. Federal Way Village Request a) That the request go forward for further consideration. b) That the request not go forward for further consideration. 4. Nguyen Request a) That the request go forward for further consideration. b) That the request not go forward for further consideration. 5. Koszarek Request a) That the request go forward for further consideration. b) That the request not go forward for further consideration. Land Use/Transportation Committee (LUTC) Meeting Date: February 4, 2008 Selection Process — Comprehensive Pian Amendments Page 15 of 16 6. Velasco Request a) That the request go forward for further consideration. b) That the request not go forward for further consideration. Q i:.r�l�ll�lLlL' ChaiT�,�iIf'T Ii1}uEx$? Mi1117eT..., XI. LIST OF EXHIBITS Exhibit A Composite Map of Proposed Amendment Sites Exhibit B PSE Application Packet Exhibit C Shin Application Packet, Exhibit C-1 Shin Map and Aerial Photo Exhibit D Federal Way Village Application Packet Exhibit D-1 Federal Way Village Map and Aerial Photo Exhibit E Nguyen Application Exhibit E -t Nguyen Map and Aerial Photo Exhibit F Koszarek Application Exhibit F-1 Koszarek Map, Topographic Map and Aerial Photo Exhibit G Velasco Application Exhibit G-1 Velasco Map and Aerial Photo Land Use/Transportation Committee (LUTC) Meeting Date: February 4, 2008 Selection Process — Comprehensive Plan Amendments Page 16 of 16 S 3AV 3918 ksvll s `e S 3AV H18Z �a ln�w N N .SAMHDIdIDtld M S AW 3Id1Otld {,! N .0 H Cl) cu N Co CoCO) CoN N c -W m s Gi :3 cr E J 4- US CD M o >% � �' o� d d N/ U — CLCL Cc (D�r N aLO CL d d H� aa� O i= c a U t:! Y a U r a�; MASTER LAND USE APPLICATION DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES CITY 'OF� ������� 333258hAvenueSouth PO Box 9718 Federal Way WA 98063-9718 Federal WaYPAGE....�ORA, 253-835-2607, Fax 253-8,35-2,609 www.gb offederalway.eom APPLICATION NO(S) D(�_ - j U Ul Date /10 Project Name Property Address/Location Parcel Number(s) Project Description> �` - ►yt1� PLEASE PRINT Type of Permit Required Annexation Binding Site Plan` Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification Lot Line Elimination Preapplication Conference Process I (Director=s Approval) Process II (Site Plan Review) Process III (Project Approval) Process IV (Hearing Examiner's Decision) Process V (Quasi -Judicial Rezone) Process VI SEPA w/Project SEPA Only Shoreline: Variance/Conditional Use Short Subdivision Subdivision Variance: Commercial/Residential Required Information Zoning Designation Comprehensive Plan Designation Value of Existing Improvements Value of Proposed Improvements International Building Code (IBC): Occupancy Type Constraction Type Bulletin #003 -- August 18 2004 1 Owner Name: Address: City/State: Zip: Phone: Fax: Email: Signature: me l of 1 kc Wandouts m, Lail r plib ilii ,,,,. DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES CITY OF �'�""f EXHIBIT a 33325 8`h Avenue South PO Box 9718 FederaI NkGE�OF 1 n Federal Way 98063-9718 G1 �� 253-835-2607; Fax 253-835-2609 www.cityoffedei-alway.com APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT 1. SITE SPECIFIC REQUESTS a) Who may apply. Any person may, personally or through an agent, apply for a decision regarding property he or she owns. b) How to apply. The applicant shall file the following information with the Department of Community Development Services: 1) A completed Master Land Use Application. 2) A vicinity map showing the subject property with enough information to locate the property within the larger area. 3) A copy of the underlying plat or the King County Assessor's parcel map. 4) The following site data: a) Tax Parcel No. b) Lot Size/Acreage c) Existing Comprehensive Plan Designation d) Existing Zoning e) Requested Comprehensive Plan Designation f) Requested Zoning 5) Services. Please provide the following information regarding the availability of services: a) The site is currently served by sewer _/septic _ (check one). Sewer Provider: b) The site is currently served by a public water system _/well _ (check one). Water Provider: c) Fire District#: d) School District#: 6) Any additional information or material that the Director of Community Development Services determines is reasonably necessary for a decision on the matter. 7) Prior to issuance of the threshold determination and the public hearing by the Planning Commission, the applicant must submit the following: Bulletin #024 — August 23, 2006 Page 1 of 3 k:\Handouts\Comp Plan Amendment Application a) A set of stamped envelopes, and a list of the same, labeled with the name and address of all current owners of real property (as shown in the records of the county assessor for the subject property) within 300 feet of each boundary of the subject property, with the return address of the Department of Community Development Services (PO Bax 9718, Federal Way, WA 98063).' Note, please do not submit metered envelopes. The Federal Way Post Office may refuse such envelopes. b) A copy of the county assessor's map identifying the properties specified in subsection 6 of this section. 2. OTHER REQUESTS FOR COMPREHENSIVE PLAN AMENDMENTS a) Who may apply. Any person may, personally or through an agent, apply for an amendment to policies of the comprehensive plan. b) How to apply. The applicant shall file a completed Master Land Use application with the Department of Community Development Services. C) Proposed Amendment. A proposed amendment can be either conceptual or specific amendatory language. Please be as specific as possible so that your proposal can be adequately considered. If specific wording changes are proposed, this should be shown in �'� t underline format (please attach additional pages if necessary). d) Reference. Please reference the chapter of the comprehensive plan (e.g., Land Use, Transportation, Housing, Capital Facilities) and page number where located. smug as I EXHIBIM -•i��.. - 3. SUPPORT FOR THE AMENDMENT ��� 0F is (Please fill out for all amendments, whether site specific or otherwise) Please explain the need for the amendment (why is it being proposed). Include any data, research, or reasoning that supports the proposed amendment (please attach additional pages if necessary). ' Please see the city's "Mailing Labels" handout and application for information on obtaining addresses. Bulletin #024 — August 23, 2006 Page 2 of 3 k:\Handouts\Comp Plan Amendment Application 4. FEE There is no fee for the initial application. If after a public hearing the City Council determines that the request shall be further considered for adoption, site-specific requests must be submitted for a preapplication conference with a non-refundable fee. If after the preapplication conference the applicant decides to pursue the request, the remaining portion of the comprehensive plan amendment fee will be required. A fee must be submitted for all other requests after the selection process. 5. SIGNATURE Signature ��t-t. L Print Name Date If you have any questions about filling out this application form or the amendment process, please contact the Department of Community Development Services at 253-835-2607. Please be advised that an application for a comprehensive plan amendment lacking the required information will not be accepted. EXHIBIT_ PAGE__a__OF_ ,_73 Bulletin #024 — August 23, 2006 Page 3 of 3 k:\Handouts\Comp Plan Amendment Application www.pse.com *SF PUGET SOUND R. Puget Sound Energy, Inc. 3130 South 38th Street Tacoma, WA 98409 October 2, 2006 City of Federal Way Attn: Margaret Clark P.O. Box 9718 Federal Way, WA 98063-9718 Subject: Federal Way Comprehensive Plan Amendments Dear Ms. Clark, Thank you for the opportunity to provide input regarding the 2006 Federal Way Comprehensive Plan Amendments. Attached, you will find Puget Sound Energy's (PSE) proposed language changes. These reflect changes to customer counts, proposed construction, etc. In addition, you will find a gas and power map marked to show our proposed major construction projects. This information has been provided by our System Planning Department. I respectfully request the City of Federal Way consider these amendments. Should you have any questions or comments, feel free to call me at (253) 476-6315. Sincerely, �. fan Cheryl LSP as Municipal Liaison Manager Attachments CC: File EXHIBIT --E PAGE—,�—OF.is (1/16/2008) Isaac Conlen PSE's Comments on Chapter10 of the Federal Way Comp Plan Page 1 From: "Corbin, Douglas L" <douglas.corbin@pse.com> To: "Isaac Conlen" <Isaac.Conlen@cityoffederalway.com> CC: "Harris, Wayne A" <wayne.harris@pse.com>, "Shipek, Gail L" <gail.shipek@... Date: 1/14/2008 1:41 PM Subject: PSE's Comments on Chapter 10 of the Federal Way Comp Plan Attachments: FWCP Chap 10 Master 1-14-08.doc; CompPlanFutureFacilities12-28-07Update.pdf Issac, thank you for the opportunity to provide comments on the federal way Comp Plan updates. Please find attached PSE's edits/comments to Chapter 10 (Utility Element) of the City of Federal Way's Comprehensive Plan. The the first attachment is the WORD formatted edits. The second attachment is a pdf of edits to Map X-2. Please note the following comments for the edits to pdf Map X-2: The line directly south of Starwood is not a PSE line. It's an old Tacoma City Light 55 kV line. The Christopher -Starwood 115 kV line heads north on International Blvd from S. 356th and then west on S. 344th to Kitts Corner substation. There is no line on S. 356th between Pacific Highway South and Enchanted Parkway. The White River - Starwood 115 kV line heads south on 16th Av S at S. 348th. There is no transmission on 16th Av S. between S. 344th and S. 348th any longer. Remove the dotted section of line heading east from Enchanted Parkway by Trout Lake. Add a solid line as shown on Enchanted Parkway and east on the Pierce County line - it is the existing White River - Starwood 115 kV. Move the dashed line (future) to Five Mile Lake over to Military Road. The description in the future facilities section of the Word document is correct. Please let me know if you have any questions. Regards, Douglas L. Corbin Municipal Liaison Manager Puget Sound Energy 6905 South 228th Street Kent, WA 98032 Email: douglas.corbin@pse.com Office Phone: 253-395-6867 (82-6867) Cel Phone: 206-604-3137 EXHIBIT-L-.- PAGE XHIBIT LPAGE OFz._, 3 ._. CHAPTER TEN - PRIVATE UTILITIES 10.0 INTRODUCTION This chapter satisfies a Growth Management Act (GMA) requirement that cities prepare a Private Utilities chapter. This chapter describes the location of existing utilities and the proposed location of new utilities, as well as the capacity of existing and proposed utilities. The GMA requires the Federal Way Comprehensive Plan (FWCP) to have internal consistency. This means that the Private Utilities chapter must be fully coordinated with other chapters of the FWCP. This is particularly important for Federal Way's City Center and in the I-5/99 corridor where new development and other land use change is anticipated in the near future. In accordance with WAC 365-195-320(2)(c), this Private Utilities chapter includes plans for natural gas, electricity, telecommunications, and cable television service for the City and its planning area (Map X -I — Council Approved PAA Boundary, maps are located at the end of the chapter and were revised in 2007 as part of the 2006 Comprehensive Plan Amendments). Each utility plan will describe and analyze existing and proposed utility systems within Federal Way and improvements necessary to meet growing consumer demand. In most cases, maps are provided to illustrate the existing system and proposed improvements. Pians for water supply and sewer are found in the Capital Facilities chapter of the FWCP. The City sees the GMA requirement to prepare a Private Utilities chapter as an opportunity to identify ways of improving the quality of services provided within the City. The City will use this Private Utilities chapter to identify goals and develop policies to ensure that provision of utilities is properly coordinated with land use. The City acknowledges that it would not have been possible to prepare this chapter without the assistance of local utility providers. 10.1 ORGANIZATIONAL AND LEGAL CONTEXT Privately owned electrical, natural gas, and line telephone utilities are regulated by the Washington Utilities and Transportation Commission (WUTC). Cellular telephone communication companies are licensed by the Federal Communications Commission (FCC). Cable television companies are regulated by the Federal Communications Commission (FCC) and the Communications Act of 1934, as amended. Private utilities must have a franchise agreement to place utilities in the public right-of-way or on private property. Franchise agreements give each utility the non-exclusive right to provide its category of service within the City. EXHIBIT i PAGE SOF L; FWCP — Chapter Ten, Private Utilities EXHIBIT PAGE.�GF 10.2 COUNTYWIDE LAND USE POLICIES FOR UTILITIES The King County Growth Management Planning Council (GMPC) drafted the following Countywide Planning Policy (CWPP) that is relevant to private utilities: C06 Aggressive conservation efforts shall be implemented to address the need for adequate supply for electrical energy and water resources, protect natural resources, and achieve improved air quality. Efforts shall include, but not be limited to, public education, water reuse and reclamation, landscaping which uses native and drought -resistant plants and other strategies to reduce water consumption, small lot size, low -flow showerheads, conservation credits, and energy efficiency incentives in new and existing buildings. This Private Utilities chapter is consistent with the aforementioned CWPP. 10.3 PUGET SOUND ENERGY Description of Utility Puget Sound Energy Company, Inc. (PSE) is an investor owned private utility headquartered in Bellevue, Washington. It provides electric and natural gas service to approximately 1,377,388 1,042,213 metered customers within the company's 6,000 square mile service territory. This service territory encompasses eleven counties in western and central Washington. PSE is regulated by the Washington Utilities and Transportation Commission (WUTC) and the Federal Energy Regulatory Commission (FERC). The Natural Gas Policy Act of 1978 was designed to increase competition among energy sources by encouraging the development of new natural gas resources and the development of nationwide transmission pipelines. PSE builds, operates, and maintains an extensive electric and gas distribution system consisting of generating plants, electric transmission lines, gas supply mains, distribution systems, substations, and pressure regulating stations. It is a hydroelectric -based company purchasing about 40 percent of its power from utilities that own five large hydro facilities on the Columbia River. Fourgi* PSE owned hydroelectric plants, on the Nooksaek, Baker River, Snoqualmie, White, and Puyallup rivers add to the hydro base on the west side of the Cascades. Other PSE owned or partly owned sources include three coal-fired plants (in Colstrip, Montana), and six gas and oil -fired plants. Revised 2002 X-2 FWCP —Chapter Ten, Private Utilities General Location EXHIBIT Z.. PAGE -1 -OF -L. PSE supplies electric and natural gas service within the entire limits of the City of Federal Way. The quality of service within Federal Way is dependent on the local delivery system operated by PSE, the bulk transmission system operated by Bonneville Power Administration (BPA), and power generation by a number of agencies, including PSE. Natural gas is supplied to the entire region through pipelines owned and operated by Williams Gas Pipeline — West, Salt Lake City, Utah. The "gate station" off the pipeline that provides most of the natural gas supply to Federal Way is located in Derringer (near Auburn). Type of Service: Electric Transmission Lines (I1 RV). Schematically, Figure X-1 (page 4) describes how electricity is transmitted from the generation source to customers. Map X-2 describes that portion of PSE's transmission system that covers Federal Way. It is a grid that provides a link between BPA's Bulk Transmission System and the local distribution system that connects with customers. The "Bulk Transmission System" is operated by the BPA, which operates a region wide, interconnecting, transmission system that supplies electric power to utilities from federal hydroelectric projects east and west of the Cascades. The primary service BPA provides to PSE is wheeling energy around the region. All the transmission lines supplying Federal Way are energized at 115kV (Kilovolt). These lines supply power into the Federal Way distribution system and provide connections to Tacoma City Light, King, and Pierce Counties. Power is transferred from the transmission system to Federal Way's local distribution system at six distribution substations. Power also comes into the City from substations located in Pierce County and unincorporated King County. Transmission Switching Stations. The only switching station in Federal Way is the Starwood Station. Switching stations are used to control and monitor power flow on 115kV lines in order to increase system reliability. Distribution Substations. Distribution substations transform voltages of 115kV or greater to lower voltages of 12 or 34kV. The following stations are located in Federal Way: Lakota, Kitts Corner, Belmore I, Belmore II, Marine View, Starwood 1, Starwood 2, West Campus, and Weyerhaeuser. Future Facility Construction PSE predicts that the lead fef the greatef Feder -a! Way afea %cill grow by 103.9 MV between 1990 and 2020. Map X-2 shows proposed transmission lines and substations necessary to increase service reliability and/or capacity in the Federal Way area to meet this projected load growth. The additional substations needed include: • Enchanted • Killarney • Federal Way • Dolloff • Steel 0 Twin Lakes • Five Mile Lake Revised 2002 X-3 FWCP - Chapter Ten, Private Utilities EXHIBIT -a... PAGE L -OF= In addition, Marine View will be expanded to a switching station. I l5kV transmission, lines are proposed in two separate locations: •— One additional line extending from Marine View Substation located at approximately South 295'l' & Pacific Highway South eastegenerally along 304'h St to 51" Ave South. • One additional line along Military Rd from South 320 St. south to the Pierce County line Figure X-1 Electricity Supply From Source to Customer Revised 2002 X-4 FWCP - Chapter Ten, Private Utilities EXH181T PAGE---L\-OF Additional transmission line and transformer capacity may be necessary on the PSE/Tacoma City Light (TCL) intertie at Starwood. Proposed cogeneration facilities in TCL's tideflats area may require an expansion of the existing system. The timing of any improvement would depend on the design and capacity of the cogeneration facility. PSE also has an active asset management plan. The plan includes replacing poles as they age, and as necessary to maintain or to increase line clearances. Type of Service: Natural Gas PSE provides natural gas to the City and surrounding communities through a network of interconnecting supply and distribution mains (Map X-3). The components and hierarchy of natural gas supply are illustrated in Figure X-2 (page 6). Aeeerding to PSE's vat Depaf4mr3t; Me average house (using natural gas for both heat and hot water) consumes about 1,000 therms per year. Ten therms equals approximately one "mcf' (one thousand cubic feet) of gas per year. .. ..worm it is estimated that PSE hq5 had i 7,9R3 19 gas eustemer-s in the City as of Deeen:&ff 21007Noyember- 1999. There were 12,855 in the City in Nov-embef 1989. Based e efe-A4h, PSE antieipates 22,500 eustomer-s in the City by 2009. The existing , I It is estimated that PSE currently serves 17,971 customers within the city limits of the City of Federal Way. IA 8, 6, 4, 2 a*d 1.25 inc-h in diameter. The pipe mateFial is typioally polyethylene (PE). PSE ouffently has approximately 350 miles of distribution main seFviagg within the City 0 Feder -a! Y Supply mains (measuring 16" 12" 8" 6" and 4" in diameter) transport gas from the gate stations to district regulators This pipe material is typically wrapped steel STW). Revised 2002 X"5 FWCP — Chapter Ten, Private Utilities EXH i B IT PAGE j. Z OF Z District Regulators (DR) reduce supply main pressures to typical distribution operating pressures of 25 to 60 psig. Distribution mains are fed from the district regulators These typically are 8" 6" 4", 2" and 1-1/4" diameter lines The pipe material typically ispolyeth ly ene (PE) or wrapped steel (STW). Individual residential service lines are fed by distribution mains and are typically 5/8" in diameter. Individual commercial and industrial service lines are typically 1-1 /4", 2" or 4" in diameter. Future Facility Construction Minimum pressure delivery in distribution systems is approximately 15 psig If growth would result in design pressures below 15 psig there are several methods of increasing the pressure in the line including: a. Looping the distribution and/or supply lines to provide an alternative route for the gas to travel to an area needing additional supply. This method often involves construction of supply mains, district regulators and distribution mains b. Installing mains parallel to existing mains to supplement supply of natural as to a particular service area. C. Replacing/gpsizing existing pipelines to increase volume. There are three types of construction: 1. New or replacement of existing facilities to increase capacity requirements due to new building construction and conversion from alternate fuel 2. Main replacement to facilitate improved maintenance of facility. 3. Replacement or relocation of facilities due to municipal and state projects PSE makes an effort to coordinate construction work with municipal projects in order to minimize cost and impacts to surrounding community. Due to franchise agreements, PSE is required to relocate existing facilities when required due to the municipal project. The following major projects are anticipated between now and the year 2017 to serve customers in the city of Federal Way_ Planned for 2008: No distribution system improvements known or planned at this time Revised 2002 X-6 FWCP —Chapter Ten, Private Utilities EXHIBIT e PAGE—i�_OF Tentative future projects: Continuing to work on the Pacific Hwy S project from 18 AV S south to S 304 ST replacing existing 4" STW IP with 6" PE IP estimated construction is 2008. Long Range Plan install a 16" STW High Pressure Supply Main in the north end Federal Way at approximately South 272nd Street and Military Rd South, estimated completion in 2009. _Map X-4) *Due to the growing popularity of natural gas in the Federal Way and surrounding areas PSE will continually evaluate the necessity of the above projects and alternatives Changes in project route construction schedule and detail could occur as they are dependent on budgets and WUTC approval. tla' nnf-h PAd f- .l 1 Ui7 ,, .+..,tel., South2_ 72t� St. et and Nfilitar-y Dodd Revised 2002 X-7 FWCP — Chapter Ten, Private Utilities EXHIBIT PAGE a-OFL-5 Figure X-2 Typical Puget Sound Energy Distribution System OATS STATION rr ,his ThepoMtatwhlchoas �,•• ' from NWPlpeRnaanters the wn sntem Here REOULATOR Most x an odorant Is added meta sets WWI 2, lot saleir. Pressure Is leoutatorWell cuts reduced 1e 20010900 LIMITING STATION Ma pressua to aWA A andamgas Here anpressmeis 1/4psLTheMETER Is metered, cad" Rom 250 Ild IobetnanSO nd200ps1 atyourbornam"Sarae theamotatotMtast Umtdtgstatlon ate often pasbelrgUsed for aboregtouostruetares. space and water has% andotherlms. SERVICE LINE .. Mosttangs in d" IMM > > ^ v ktchpeetden(114Wladtes A V Inds=SdUt Bata �t 1=4 toli0ptl. A r :g TAANSMISSION LINE LIMITED SUPPLY UNE These andetoroOo RM am belrreen 6 mesa aaderpramd Ones ata VA 18 Wes In dlameteL Presm to betlree08 and 12 Was In tneuImes i"Mesamid 250A dlametaaltdcarryptesstaes ar nino125PSI. NORTNIiJEST PIPELINE The Intustate plpella aeMn4 WN0 is NW Plp4ok whteh t:MIS11012 ppW:persa%uete a jpi Then�i 01923SX10110Pywo V3110 IMM 1M ap 101 item Owda and IN souftast ttntted States. INTERMEDIATE PRESSURE UPJ DESTRIOT REOULATOR HeratheptuMbledoad again 16b0lan20and 00pst oisrlcttt teootatotaPomtshost roWNttYshrlemtedlatapreume (ll)dlstrimon system 10.5 GOALS AND POLICIES FOR CITY ACTION IP OISMUTION MAIN nesemdetor000dAnu '"r�k1 sRe horn lK Inches to dalndlameteL Piessaras verapa S5 pst. The Private Utilities chapter provides an opportunity for the City to assist utility companies in delivering efficient service to customers, and to seek to reduce potential negative impacts on the natural and built environments. This section builds upon system descriptions to identify issues and sets forth policies to coordinate the provision of utilities with City planning. Revised 2002 X-8 FWCP — Chapter Ten, Private Utilities EXHIBIT PAGE._.-.5._OF` The GMA requires that the utilities element include the general location, proposed location, and capacity of all existing and proposed utilities. This has resulted in cities and counties becoming more actively involved in the way in which utilities are sited and provided. In order to protect both citizens and utility customers, the City will work in accordance with the following goals and policies: Goals PUG1 Work with private utility companies to allow them to provide full and timely service that meets the needs of the City's residents and businesses, both present and future. PUG2 Work with private utility companies to allow them to provide service in a way that balances cost-effectiveness with environmental protection, aesthetic impact, public safety, and public health. PUG3 Process permits for private utility facilities in an efficient and timely manner, in accordance with franchise agreements, development regulations, the FWCP, and adopted codes. PUG4 Ensure that development regulations are consistent with public service obligations imposed upon private utilities by federal and state law. Policy and Issue Statements Issue Statement: Provision of Timely and Economic Services to the Citizens and Businesses of Federal Way. Partnership with private and public service providers is a continual theme of the FWCP. The City plays a critical role in the provision of private utilities. The City approves permits that allow utilities to build transmission towers, lay distribution lines, and connect customers. If the City responds quickly and appropriately, it helps the utility companies respond to customer needs quickly and efficiently. However, the City must balance these considerations with its other responsibilities, including bringing them into compliance with due process, ensuring consistency with the FWCP, addressing aesthetic impacts, and protecting the natural environment. Therefore, the City must continue to communicate with utilities and periodically review their needs as well as the policies in the FWCP and its permit processing to ensure that the results are in the best interest of Federal Way residents and businesses. The City must also be mindful of the need to provide a choice of energy sources to Federal Way's residents and businesses. Choice of energy source is important because it creates competition in the marketplace that helps to keep costs down. Providing alternative energy sources is also important because if one energy source fails, the other may be available. Revised 2002 X-9 FWCP - Chapter Ten, Private Utilities Policies EXHIBIT PACE-.L-OF- PUP1 The City's right-of-way permitting process should not unnecessarily delay the expansion or improvement of the utility network. PUP2 The City will, if possible, coordinate with other jurisdictions on proposed utility improvements that impact a multi jurisdictional area. PUP3 The City should work to encourage, to the extent possible, the supply of all utilities to existing and new homes, offices, industrial, and commercial buildings. Issue Statement: Coordination Between Utilities, Capital Facilities, City, and Private Developers. The costs of pipe, cable, or conduit installation can add significantly to the cost of providing service. Installing utility lines, which follow existing right-of-ways and easements, can also create disruptions to traffic and cause damage to pavement and landscaping. These costs and disruptions can be reduced if utilities share the same trench and perform work simultaneously. Consequently, the City encourages utilities to continue exchanging information about plans for expansion, maintenance, and upgrading of facilities. The City presently provides information to all utilities about its public works projects, such as street improvements, which may provide opportunities for installing new systems. Policies PUP4 The City encourages the joint use of trenches, conduits, or poles, so that utilities may coordinate expansion, maintenance, and upgrading facilities with the least amount of right-of-way disruption. PUPS The City encourages utilities to inform one another of plans to expand or improve utility services. PUP6 The City will endeavor to inform utilities of upcoming improvements or expansions that may provide opportunities for joint use. PUP7 The City will endeavor to notify utilities of proposed plans to make highway or right-of-way improvements. PUP8 The City hereby incorporates by reference PSE's GMA Electrical Facilities Plan into this private utilities element as now existing or hereafter amended or adopted. Issue Statement: Energy Conservation. State and federal law requires energy conservation in building design. State and Federal Revised 2002 - . X-10 FWCP — Chapter Ten, Private Utilities EXHIBIT__a. PAGE— OF z,7 statues also require that power providers implement energy conservation policies. In accordance with these mandates, PSE has an Energy Select Program that provides information on qualified contractors for potential customers. State law requires that the City's building code conforms to the Washington Energy Code (WAC 51-11). However, the energy code sets out only minimum standards for energy conservation. Therefore, cities have developed conservation conscious design codes that go beyond the minimum requirements of the energy code. Policies PUP9 The City shall, at minimum, ensure that its buildings comply with state and federal standards for energy conservation. PUP10 The City will endeavor to work with utility companies to promote and educate the public about strategies for conserving energy. Issue Statement: Importance of Telecommunications and the Information Superhighway. Society is in the midst of a revolution in information and communication that is changing the way that people interact with each other. For example, today, many of the transactions and communications that make up the majority of our day are possible from a single workstation. This revolution is being fueled by recent advances in computing and telecommunication technology. There are several technological innovations that have stimulated these changes in our lifestyles, including: fiber optic cables, the "Integrated Services Digital Network" (ISDN) and digital subscriber loop (high-speed communications over copper) technology. These technologies combine to expand the capacity of the telecommunications network. This expansion allows the provision of a diverse range of services on one system including, telecommunications, cable TV, radio, business services, shopping, and professional services. It will also be possible for institutions such as schools, universities, government, and emergency services to broadcast on this single system. Technology is also being developed to expand capabilities for transmitting information. In the past, one could transmit voice by telephone, text/graphics by facsimile, and data by modem. Now it is possible to transmit video images, and potentially to broadcast to a mass audience using these new technologies. These advances in technology are forcing telecommunication companies to reevaluate their business strategies. Technological change has made it possible for all services to be provided on one cable, and companies are jockeying for position to create that system. These advances have great potential to alter the way we do business in Federal Way. For economic development reasons, the City must ensure that the atmosphere for investment encourages companies to bring these advanced services to Federal Way, and that the community's growing needs are addressed. Revised 2002 X-11 FWCP - Chapter Ten, Private Utilities EXHIBIT PAGE__A_OF L, It is critical for people and businesses to have access to the information superhighway if they are to enjoy a fully active role in society and the economy. In this sense, the information superhighway is analogous to the road network, where all citizens have a "right-of-way." For this reason, government has an essential role in ensuring that the right of citizens to both receive and transmit information is protected, and in ensuring that municipalities maintain their ability to regulate information providers in the same manner that they regulate users of the rights-of-way. Policies PUP11 The City will encourage and work with telecommunication and cable companies to develop fiber optic cable networks and to increase interconnectivity between different networks. PUP12 The City will endeavor to work with utility companies and other public institutions, such as the School District, to develop a full range of community information services, available to citizens and businesses through the telecommunication network. Issue Statement: Health Impact of Electro -Magnetic Fields (EMF) and Microwaves. There is much public and scientific interest about the the heaM oets of Elle ' Magnetie Fields low-level Electric and Magnetic Fields (EMF' or-eated by the eleetf � emitted by the use of electricity and its impacts on human health. The National Institutes for Health and the World Health Organization have done extensive research on the topic and have been unable to find a conclusive link between EMF exposure and adverse impacts on human health. Because EMF exposure is not recognized as a health hazard, it is not regulated by governmental agencies. This i"ter-es has resulted prin%nily ffom studies that suggest a possible link between ENO and eer-taifl Electro -Magnetic Fields are found wherever electricity exists. EMF are generated by high-voltage transmission lines, low -voltage lines, and substations, as well as electrical appliances and devices found in homes and businesses. The strength of an EMF depends on the amount of current flow, not on voltage, and current is a function of energy consumption. Research is clear that EMF are not blocked, reduced, or altered by most solid objects. This means they are not blocked by vegetation, or by any form of screening, or covering by earth. It is however, important to note that EMF diminish rapidly with distance from source. Research on EMF and human health continues in the scientific community. PSE continuously monitors the results of this research and operates its electric system in compliance will all applicable safety regulations.Dboth EMF and has been oentfadietor-y and generally ineenelusive. However they afe issues that must Revised 2002 X_12 FWCP — Chapter Ten, Private Utilities Policies EXHIBIT h_.._„ PAGE-___rj__OF..L_ PUP13 The City shall continue to monitor research into the health effects of Electro - Magnetic Fields (EMF) and microwaves. The City will take appropriate action once definitive conclusions about health implications are reached. Issue Statement: Environmental and Aesthetic Impacts. Utility systems have a broad range of associated environmental and visual impacts. Much of Federal Way's electrical, telecommunications, and cable system is mounted on overhead poles. Pole -mounted systems not only reduce the aesthetic appeal of streetscapes but also contribute to system failures and power outages caused by falling trees and branches. Undergrounding utilities is a potential solution to both problems, but must be balanced against the cost associated with such undergrounding. As with other types of development, the impacts of utilities on environmentally sensitive areas need to be evaluated. These impacts are addressed in the context of broad environmental protection policies in the Natural Environment chapter of the FWCP and through measures for protecting critical areas in the zoning code. On the other hand, there is also a need to provide for the location and continuing maintenance of essential public and private utilities in environmentally sensitive areas, if no feasible alternative location exists. The existing Federal Way City Code (FWCC) makes provisions for this in the environmentally sensitive area provisions. The FWCC sets out some requirements for undergrounding utilities in new subdivisions and in existing right-of-way in accordance with the WUTC. These exemptions include the undergrounding of transmission lines 115 kV and greater. The City should continue to work in partnership with the utility companies to further address aesthetic impacts. Requiring undergrounding across the entire Federal Way area is prohibitively expensive. However, there are key areas, such as the City Center and along Highway 99, where undergrounding of utilities is important to improving the visual image of the area in order to stimulate economic development. The City should work with the utilities and also support statewide efforts by WUTC to devise a method of paying for such improvements. The City has a right-of-way vegetation ordinance that allows removal or pruning of vegetation within rights-of-way without a permit only when there is imminent danger to the health, safety, or welfare of residents. This process could be further improved if the City and utility companies prepared a right-of-way vegetation plan meeting utility needs and addressing environmental and streetscape improvements to be made by the City. This approach to streetscape is particularly important in the newly developing City Center. Policies Revised 2002 X-13 FWCP — Chapter Ten, Private Utilities EXHIBIT -I. PAGE�._OF z-3 PUP14 To the maximum extent possible and based upon applicable regulations, the City should require the undergrounding of utility distribution lines in new subdivisions, new construction, and significantly reconstructed facilities, consistent with all applicable laws. PUP15 To the maximum extent possible and based upon applicable regulations, the City should work with the utilities in preparing a plan for undergrounding utilities in areas where their visual impact is critical to improving the appearance of the City, such as the City Center and along Highway 99. PUP16 The City should, to the extent practical, work with utility providers in preparing a right-of-way vegetation plan that ensures that the needs of landscaping and screening are balanced with the need to prevent power outages. PUP17 The City should require that site-specific utility facilities such as antennas and substations be reasonably and appropriately sited and screened to mitigate adverse aesthetic impacts. PUP18 The City should work with the utilities and also support statewide efforts by WUTC to devise a method of paying for improvements associated with environmental and aesthetic impacts. PUP19 Through its development regulations, the City shall continue to address the siting, screening, and design standards for wireless/cellular facilities, substations, and antenna facilities in such a manner as to allow for reasonable and predictable review while minimizing potential land use and visual impacts on adjacent property. Issue Statement: Planning to Meet the City's Future Needs. The plans for system improvements and extensions described in the Private Utilities chapter are based on the population and growth forecasts provided by the utilities. The Land Use chapter will provide utility providers with information on where and when new growth will occur in the City. This will allow utility companies to plan for expansion of their systems to meet future needs. The City may assist the utilities by continuing to provide them with future plans and by soliciting input for future planning projects. Policies PUP20 The City should provide utility companies with plans, forecasts, and supporting data to assist in the proper planning for utilities. The City should integrate communication with the utility companies into its Management Information System to allow for fast and efficient communication. PUP21 The City should encourage utility providers to base extension and sizing of systems on the Land Use Plan in order to adequately serve anticipated growth. Revised 2002 X-14 FWCP - Chapter Ten, Private Utilities EXHIBIT_._ PAGE=OFA_ PUP22 The City should encourage utilities to provide them with their utility service plans to allow better integration with other utilities and City plans. PUP23 The City and utilities should be encouraged to develop an integrated Geographic Information System (GIS) to better serve mutual needs and those of the public. Revised 2002 X-15 N WWW O. `Z aoFA any ' 3 zW�3 a$ 0 <2 co zoz I— cc s a, o. F; IL >i Elm w M '•�, H A VA 18i p ca am i Y t9 � 7 ANYLiHp ' [ fT* O A $ O C �~ O b � � a Tara eu am i ypj W • I SC � • g R t • I a � i - Ho FROM : FAX NO. : 81B+773BB68 Sep. 06 2006 11:06PM P1 CITY of �.,,,,•� RECEIVED S 8 2006 Federal Way , TY OF FEDERAL WAY € UILDING DEPT. jhtA.yi �K LAND U -SE APPLICATION D`eaA:nyrxr OT �AMMt71YirY D&V rr(,plryps� 8&RViCXS 33.125 8" Aventic South PO Box 9171$ F -'doral Way WA 98063.9718 253433-2507; Fart 253-93S.209 Arrt.lCAnoN NOM �)(q — 40 Lj�� (� i.�Ilel _._ Date Project Name �► `rb � r.�. t �S�1i• Property Addregcdl oc9dOa Parcel Nttt+arier(:s�72_n`1 Z —L' _2 qpa__— Y Projsci Deaerlpcion ,j'7 j� - _� _ _CA) e br t� Type of Permit Regairerl Binding Site Plan _ 80--dety LM Acijustmmi _,_,_Comp P1=/Rozaee _ Laad Surface Mod,-ncatton tat Lire r°Iimiaation Pwappi"tion Con&M rm _ PW=1 App oval} Process u (site Pian keview) _ Pr"cecc Iii ('toja.t Apprord� Process IV iH1:-8 E%sminces rmision; Ptvee" V (i)"Mi.ludiei4l Pczone) Process Vt SEPA n/Project SEPA Only _ U0ffct60- VMiaw-C/C0 nd;tinn21 rim _ ShoR S>z�divisiass _ SUMVW00 Va-ianOW COauneretAl(.;t,MjdgltW Required Information ( SII��' �. 1.. Zuuiag DtSt�tioA ----C"WohMUive P10 Deaipati02 --Value of Existing 1w owls -- _ —Val= 0rprvp0.sed itrnPMwMtnt,, IrttatwAbW BW]dbM Code (;BC} rVPO Coastmetion Ty p A.pPiiesnt Name: U M- A A �krti � r� f Address_ �(�b G� 4� A -(f • /`l , 1iPry/Stste.� 5 e inft-E' , �Q A "tone. rA)v X06 ) Sq 2 - 0 6,91 Email; Si, Atm: Agent (ifd( rperthgp.;PPI ) �� Naane: S'ta o r "a � t. Address: City.Swe: Zip: Mime- Fac- Snail: Signature: Owner Nam: H,49 S oUN el A4 Addma; q9N * of �y Q Zno `� /z� now , CA V, Fax. email: Signatt:re: Bvic is #003 - Aumo I& 2044 P.& I af^'� Wuw�wMMv+cr aoC U:a Apoliaetioa T•d EXHIBIT �% je`'4G 02 s° d,R FAGE_-!_OFi �>._ EXHIBIT PAGE_ L -OF . �E�V [ MASTER LAND USE APPLICA'tAV-1 DVrAA'1•y1''Yr OF C I't"Ur"Tr D I1tti090 a nYe S-01 YO Sox 0711 CITY OF Federal Way WA 95063-V13 ral Way SEP E, 8 ?uG 253-933.707; hix 253-835 Fede2G0: srriollcdcrl..> CITY OF FE0154RAL WAY BUILDING OFPfi, Dateq1�f6.�------., AFIPMATION NO(s) _ Project Nutte PropertyA&ddre"lo,cation l — _— Parcel Numbrr(q — -t� . _.n. _ —'�-- Project Description ?- Type of Permit Required Aaneuallon - Bidding Sate Pian ga jodery Line Adjustment - -� Comp Ylan/Retone Land Suncce Wditicatior. Lot tine Eliminatiut, Preapplleatlon Confaaence -- proGCSs I Apptovall prnkems ll (Site PIs„ Itcview) Process ill (Projesa Approval) Process IV (Hearing Bxaninet's D"Lslon) prWptS V Rcsonel VI Applicant 1 Nryne• Lw—µA, H r�Y� •%i otJ Add:e39;14% 4th CiTy;state: 0 (r!1(, zip cfki 7 6 Phone: (7106 S q; Z- 0 Fax: Email: • Slpnaturc: � • Gbh � d"'^`��• Agent Of JAateat due ApP1"n9 YTOCee' � `idTrlt: SFPA urfFmjact q,iAre» SEPA Only Ctty/State: Shoreline' VanartcelCoaditional Use �! `JAL-w11•:c' (:oi�'pt,srcffURl:9:yr:;rlgl {; F,i,.. ...,,�,:-.:-•nom +--'.,.::<........._-.r..ma. Rryuu eu iniorTnarton -- lca')••�_� �y �cning^+.rl�r,.. ,a �A,. '^ i; Ct��t1Al#.t �5 ��Orrlprec1C1151�'t F 'n Ih .T".ori Value of Eniraing lamprevc:scats Value of Proposed Lnprnvtmeors Intetrotiocal Building Code OUCY 000UP ncyTypc Con�tntctier. Type -------------- Sulleua r►COl - Au&tut 19, 2QiN1 �•d T0'd T£86bZZ ..1.54•- 1 sri 'IN VL—I% Addross Ctt; r9tste L A -am w 7A i Cn i t Phone' 9Z Fax signature•-'° cf 1 1:U;ardct,s:+Matter Lens Un ApAlif Moll par 1 d9t+190 09 3o rag 6uny� 3"1 Wd TZ: TI 90-90—d3S 41k DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8`s Avenue South CITY OF RECEIVED PO Box 9718 Fedel 0 Wa yFederal Way WA 98835-9718 253-835-2607; Fax 253-835-2609 SEP Q P Z u U 6 www.cityoffederalway.com CITY OF FEDEt4AL WAY BUILDING DEPT. APPLICATION FOR COMPREHENSIVE PLAN AMEN DMENEXHIBIT.. G PAGE -3-0F .L�.. 1. SITE SPECIFIC REQUESTS a) Who may apply. Any person may, personally or through an agent, apply for a decision regarding property he or she owns. b) How to apply. The applicant shall file the following information with the Department of Community Development Services: 1) A completed Master Land Use Application. 2) A vicinity map showing the subject property with enough information to locate the property within the larger area. 3) A copy of the underlying plat or the King County Assessor's parcel map. 4) The following site data: a) Tax Parcel No. •'I 2 p y W" tl I91 L ? %-v��/' b) Lot Size/Acreage 3 • y Y • v (• X6 .6 E. Cs • Ot • 'I�` c) Existing Comprehensive Plan Designation Jglf �~ d) Existing Zoning R T 1. 2- r e) Requested Comprehensive Plan Designation 1 `'r"' f) Requested Zoning M( t j 1•4 W 5) Services. Please provide the following information regarding the availability of services: a) The site is currently served by sewer 600'//septic _ (check one). Sewer Provider: t kA is - it—,L b) The site is currently served by a public water systemt/well _ (check one). Water Provider: 1, AX `til s -*0- c) wc) Fire District#: Sp tw.N. !4C4P-1 4 G�Mt d) School District#: V:: -t t f -A lAke4 41 a.{,00 6) Any additional information or material that the Director of Community Development Services determines is reasonably necessary for a decision on the matter. Bulletin #024 — September 29, 2005 Page I of 3 k:\HandoutslComp Plan Amendment Application 7) Prior to issuance of the threshold determination and the public hearing'by the Planning Commission, the applicant must submit the following: a) A set of stamped envelopes, and a list of the same, labeled with the name and address of all current owners of real property (as shown in the records of the county assessor for the subject property) within 300 feet of each boundary of the subject property, with the return address of the Department of Community Development Services (PO Box 9718, Federal Way, WA 98063).' b) A copy of the county assessor's map identifying the properties specified in subsection 6 of this section. 2. OTHER REQUESTS FOR COMPREHENSIVE PLAN AMENDMENTS a) Who may apply. Any person may, personally or through an agent, apply for an amendment to policies of the comprehensive plan. b) How to apply. The applicant shall file a completed Master Land Use application with the Department of Community Development Services. C) Proposed Amendment. A proposed amendment can be either conceptual or specific amendatory language. Please be as specific as possible so that your proposal can be adequately . considered. If specific wording changes are proposed, this should be shown in skikeotW underline format (please attach additional pages if necessary). d) Reference. Please reference the chapter of the comprehensive plan(e.g., Land Use, Transportation, l lousing,,Capital Facilities) and page number where located. ,..�. 3. SUPPORT FOR THE AMENDMENT PAGE--!-OF (Please fill out for all amendments, whether site. specific or otherwise) Please explain the need for the amendment'(why is it being proposed). Include any data, research, or reasoning that supports the proposed amendment (please attach additional pages if necessary). ' Please see the city's "Mailing Labels" handout and application for information on obtaining addresses. bulletin #024 — September 29, 2005 Page 2 of 3 k:\Handouts\Comp Plan Amendment Application 4. FEE There is no fee for the initial application. If after a public hearing the City Council determines that the request shall be further considered for adoption, site-specific requests must be submitted for a preapplication conference with a non-refundable fee. If after the preapplication conference the applicant decides to pursue the request, the remaining portion of the comprehensive plan amendment fee will be required. A fee must be submitted for all other requests after the selection process. S. SIGNATURE L� , Signature Print Name If you have any questions about filling out this application form or the amendment process, please contact the Department of Community Development Services at 253-835-2607. Please be advised that an application for a comprehensive plan amendment lacking the required information will not be accepted. EXHIBIT PAGE..=QF_L7,-...- RECEIVED SEP 0 8 2006 CITY OF FEDERAL WAY BUILDING DEPT. Bulletin #024 — September 29, 2005 Page 3 of 3 k:\Handouts\Comp Plan Amendment Application 4. FEE There is no fee for the initial application. If after a public hearing the City Council determines that the request shall be further considered for adoption, site-specific requests must be submitted for a preapplication conference with a non-refundable fee. If after the preapplication conference the applicant decides to pursue the request, the remaining portion of the comprehensive plan amendment fee will be required. A fee must be submitted for all other requests after the selection process. 5. SIGNATURE Signature 1114c— PrintName .v 6— A":,// If you have any questions about filling out this application form or the amendment process, please contact the Department of Community Development Services at 253-835-2607. Please be advised that an application for a comprehensive plan amendment lacking the required information will not be accepted. EXHIBIT PAGE_�_,OF1 -3_ RECEIVED SEP 0 8 2006 CITY OF FEDERAL WAY BUILDING DEPT. Bulletin #024 — September 29, 2005 Page 3 of 3 k:\Handouts\Comp Plan Amendment Application Fie Data Search Edt Actions Reports Wr&w Help city ifbifRwww State Zip Code j ;Tax Typeparcir Sec/Twn/Rge FW —UNREC 33 P'2 N 4E Name ff—DONDO HEIGHTS 21.1 X. T A Af Legal T2 1E H 1E DO 0 T 'V"'[ �F Status ND EDEDOST'Sa"A LE��S'I`N 'LIN ndicators + cloa UP&N MAAM mto Pkk :kept Runt" DoA Ndy fxk log Off To-DoUo AA*cQty AtW, Pumk NoWy hopk hevim Akrt Add Property Folder Property Parcel Info (77) Comment People (1) Survey Relation i Attachment 24 REDOND( Parcel *NO SP 'AddressfI NO SITE ADDRESS' city ifbifRwww State Zip Code j ;Tax Typeparcir Sec/Twn/Rge FW —UNREC 33 P'2 N 4E Name ff—DONDO HEIGHTS XF— Y A Af Legal T2 1E H 1E DO 0 T 'V"'[ �F Status ND EDEDOST'Sa"A LE��S'I`N 'LIN ndicators Corn AreaF5O2-82 Frontage r— Depth f Yep Zoning lConditionj Lett ben Petri( - Lang tMd klailit Famify ID f--22052 lit :7 X-SteetF— Route Created Date Obsoleted Dater M8 GIS2-04800172 Par,-,ntRSNf— Proper�RSN F-22052 r# List Yew r Related View F&Iscow j Vidatim Invcee 1 Fieoel I Lam�j –tL—"j W Show no. of rows an tabs EXHIBIT -L- PAGE--i-OF 13 RECEIVED SEP 0 8 2006 CITY OF FEDERAL WAY BUILDING DEPT. 45 Ave it>7 Ni4A.10,6072815 - User Margaret Clark Signed on to amanda �. Ii s Property ! Folder Property a Parcel Info (77) Comment People (1) j Survey Relation Attachment POR 24 RED, Parcel 'NO Sn 1 City EDERAL WAY State A Zip Code Tax Lot# 720460 U17F— '--- Plan/Lot/BlockEDON00 FF Typearcel Se(jTwn/Rge �iW33 �2 4E Name EDONOO HEIGHTS IJNREC X f Y Legal vo OT POR 24 REDONDO HEIGHTS CINREC Status R E 112 OF NE 114 OF SE 114 OF Indicafors Axea' 7518 Frontage Depth Zoning S 12 � List View C Related'it ew FolderCa,y viouion n ! Rebet fame Print Label W Show no. of rows on tabs EXHIBIT ! PAGE-Lt-7OF L RECEIVED SEP 0 8 2006 CITY OF FEDERAL WAY BUILDING DEPT. Tae Quinta EXHIBIT PAGE -.L/ -OF /-? EXHIBIT PAGE---L;.7-OF13 m Q CID o x W a. CO) r > 4) % T— >1 o LL coi ca N (D .(D C/) -.0 >1 x m a) LLJ :3 cr > L& 4) 0 c o- a, j 0 r (D 00 (f) cr- 0) CL 4w C) CN e r 0 C4cit a CL tm 4) C = L) (1) CO) In Cl) LL co E E M- 0 CO !Ej (D CO LLA >. (1) § 0 u) C a CD 0. CD cLE Al- E U) C) Im Z 0 N OEM, r%4 C4 e I HIM 0 ca Amd: 0 Q E c) 47 c1t) C7 TZ m Lp 04 12 Q) 2 rQ4 W 0 cc E Cf M LL 4a) Z!C4 Cl) LU U) in Ali 0 co s Rmo I Q, O,z MEMO 4) MC cm _� i , , � x � cal, � Vr IWI ILI t n, A�AA Fill IdLwI! V..Iif MASTER LAND USE APPLICATION DEPARTMENT OF COMMUNrrY DEVELOPMENT SERVICES CITY OF wwa �XH'Q'� ( 33325 8u' Avenue South �+ PO Box 9718 Fede"'I Way PAGE I OF Federal Way WA 98063-9718 Y- -_ 253 835-2607; Fax 253-835-2609 www.Cityoffederai com APPLICATION NO(S) O 01 7(0 F Date ?—zs f CSS Project Name �e� a Property Address/Location 3-{�S'l 1��Clti'c j-ita/y S Parcel Number(s) Project Description1�1�'"t S 3— ct Cv-e.S Mu i) PLEASE PRINT C� tM t� v1 t T�-� 1J 51 ✓t eSS 3 C Type of Permit Required Annexation Binding Site Plan Boundary Line Adjustment XComp Plan/Rezone Land Surface Modification Lot Line Elimination Preapplication Conference Process I (Director=s Approval) Process II (Site Plan Review) Process III (Project Approval) Process IV (Hearing Examiner's Decision) Process V (Quasi -Judicial Rezone) Process VI SEPA w/Project SEPA Only Shoreline: Variance/Conditional Use Short Subdivision Subdivision Variance: Commercial/Residential Required Information Zoning Designation MU 4i, Bw iY Comprehensive Plan Designation Value of Existing Improvements —Value of Proposed Improvements International Building Code (IBC): Occupancy Type WA Construction Type 8utletin #003 -August 18 2004 Page I of 1 k:u Iandouts\Masttr Lid U=ApF3lleatiuti; C-'(0 - I V y `[ 7 (a — LA -P RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT Federal Way Village, LLC SEP 2 9 Z006 September 29, 2006 EXHIBIT.D._._ PAGE OF i— Margaret Clark Community Development Services Department City of Federal Way City Hall 33325 e Avenue South Federal Way, Washington 98063 Re: Comprehensive Plan Amendment of 1.53 -Acres — Federal Way Village Dear Margaret: Attached is an application for a comprehensive plan amendment to redesignate 1.53 -acres of Multi - Family land to Community Business designated land. The property is located on the east side of the main wetland that bisects the Federal Way Village property. It is uniquely designated Multi -Family in this respect because the remaining Multi -Family designated land is on the west side of the wetland. As we worked on various site plan layouts we found that this area relates much better to a commercial designation. The following table shows the proposed change in acreage compared to the acreage of the existing designations. Comprehensive Plan Map Acreage Existing Proposed Desianation Acreage Acreage _ Multi -Family 27.00 25.47 Community Business 19.00 20.53 Total 46.00 46.00 We will supply you with an assessor's map, addressed and stamped envelopes for notification within the week. Please call or email me if we can provide you with any additional information that will help you with your staff report. Sincerely, Potter Attachments 3611 29TH Avenue West Seattle, Washington 98199 Phone: (206) 579-0088 Fax: (206) 284-6099 email: ipotter936@aol.com 4114�CITY OF Federal Way EXHIBIT_._._._ PAGE -.-!-OF 11 DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8'h Avenue South PO Box 9718 Federal Way WA 98063-9718 253-835-2607; Fax 253-835-2609 www.citvoffederalway.com DOCKET FORM DATE OF SUBMITTAL Of —2-B ,n.6 NAME /1,z,; e ADDRESS 3� 11 C_ / *� &qL4 LJe Y/ A 9,p i 4 PHONE (please include area code) _US79 —0OSg TYPE (please check one) Comprehensive Plan Development Regulation DESCRIPTION OF DOCKETED ITEM Bulletin #026 — August 18, 2004 Page 1 of 1 UHandouts0ocket Form DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8`h Avenue South CITY OF r� PO Box 9718 Fede&*"%lWaY EXHIBIT --P... Federal Way 98063-9718 253-835-2607; Fax 253-835-2609 PAGE--J�--OFVy www.cityoffederalway.com APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT 1. SITE SPECIFIC REQUESTS a) Who may apply. Any person may, personally or through an agent, apply for a decision regarding property he or she owns. b) How to apply. The applicant shall file the following information with the Department of Community Development Services: 1) A completed Master Land Use Application. 2) A vicinity map showing the subject property with enough information to locate the property within the larger area. 3) A copy of the underlying plat or the King County Assessor's parcel map. 4) The following site data: a) Tax Parcel No. b) Lot Size/Acreage c) Existing Comprehensive Plan Designation d) Existing Zoning e) Requested Comprehensive Plan Designation fl Requested Zoning Zozla(,--`bn)4E z !b4-9SiZ, F�11Vl-Z4 L.�S1MN.1Vj�( 1�(NFQ �C 5) Services. Please provide the following information regarding the availability of services: a) The site is currently served by sewer /septic —(check one). Sewer Provider: L" Ve,,, b) The site is currently served by a public water system/well _ (check one). Water Provider: L-Qc c) Fire District#: d) School District#: 6) Any additional information or material that the Director of Community Development Services determines is reasonably necessary for a decision on the matter. 7) Prior to- issuance of the threshold determination and the public hearing by the Planning Commission, the applicant must submit the following: Bulletin #024 - August 23, 2006 Pagel of 3 k:\Handouts\Comp Plan Amendment Application a) A set of stamped envelopes, and a list of the same, labeled with the name and address of all current owners of real property (as shown in the records of the county assessor for the subject property) within 300 feet of each boundary of the subject property, with the return address of the Department EXHIBITof Community Development Services (PO Box 9718, Federal Way, WA PAGE OF L 98063).' Note, please do not submit metered envelopes. The Federal Way Post Office may refuse such envelopes. b) A copy of the county assessor's map identifying the properties specified in subsection 6 of this section. 2. OTHER REQUESTS FOR COMPREHENSIVE PLAN AMENDMENTS a) Who may apply. Any person may, personally or through an agent, apply for an amendment to policies of the comprehensive plan. b) . How to apply. The applicant shall file a completed Master Land Use application with the Department of Community Development Services. c) Proposed Amendment. A proposed amendment can be either conceptual or specific amendatory language. Please be as specific as possible so that your proposal can.be adequately considered. If specific wording changes are proposed, this should be shown in 6#flEeetW underline format (please attach additional pages if necessary). d) Reference.. Please reference the chapter of the comprehensive plan (e.g., Land Use, Transportation, Housing, Capital Facilities) and page number where located. COMI-2mLlevlSIvie 2e. .n,7ca4?Ca.-) d Z,.ne- mgji� 3. SUPPORT FOR THE AMENDMENT (Please fill out for all amendments, whether site specific or otherwise) Please explain the need for the amendment (why is it being proposed). Include any data, research, or reasoning that supports the proposed amendment (please attach additional pages if necessary). Please see the city's "Mailing Labels" handout and application for information on obtaining addresses. Bulletin #024 — August 23, 2006 Page 2 of 3 k:\Handouts\Comp Plan Amendment Application 4. FEE There is no fee for the initial application. If after a public hearing the City Council determines that the request shall be further considered for adoption, site-specific requests must be submitted for a preapplication conference with a non-refundable fee. If after the preapplication conference the applicant decides to pursue the request, the remaining portion of the comprehensive plan amendment fee will be required. A fee must be submitted for all other requests after the selection process. 5. SIGNATURE 9 -� 7 - Date Print Name If you have any questions about filling out this application form or the amendment process, please contact the Department of Community Development Services at 253-835-2607. Please be advised that an application for a comprehensive plan amendment lacking the required information will not be accepted. EXH181T L PAGE. 4 & OF- . i Bulletin #024 — August 23, 2006 Page 3 of 3 k:\Handouts\Comp Plan Amendment Application cr .. '0�_ ' ... _i. ... L,. m , •..�,y e.. i y A i i`I .. ' } � \ :'•�+,, I 1 7 l 1. l�! /� V iii , � � 1 Got .F....,w :. , C3. "ref Cal �.� � .. ..... r� is � .: , - ,"n ,'�� ' '� '~,�: � • —tax I\ { tax '..�.,* ' f+}•� IC t � ` � i iI w � CZ � r v W Z f -- s x - EXHIBIT -D PAGE 11OF. ..i� IV II®O FEDERAL WAY VILLAGE, LLC 11OURUIT,N 6N61N 6666 �t .m,6,gWy�aM1l00 I O (®Ivy I g ' a c FEDERAL WAY VILLAGE FMNY Wy. WANIWf NNw.eamcNll.com .Y! � P arc W FEDM W ZONING / COMP. PLAN MODIFICATION DMIBIT wAsnMclmi e cps image Map rage Comprehensive Pian - Map 5 a ft a ow e" JO WWW"p,0a"O" Wi usfavy gQtGMar F+amt i 9uainess Pelt • Sugb F6mhWtgl' parriry 09wo ft* Ctsparsr Park � Neggbtithppd Burnam F"� Skgb Fandy.Ma6�m Daniy awkwa ProroagortatOnce S PAft and Open SPUD Dens' n 0 114 1/2 Md9 3E NoN: N tltt e+llatOf l�UNCOn9rUnUN EeMwnldt e+apaAtlOtt or6rarpt esnp tl+e comoraheroiea Pbndwptuatt, tlta otdetnot aha? prawait. a : 1 f f• f" Amend 1.53 -acres from: Comp. Plan Map Designation: "Multifamily" And Zone Map Designation: "RM -2400" to: Comp. Plan Map Designation: "Community Business" and Zone Map Designation: ter. e .3 r fr: ��� wamarftsRetumto Index MapQ rag EXHIBIT PAGE ` OFA hq://www.cityoffederalway.com/folders/home/businesseconomicdevelopmenticitymaps/p... 9/28/2006 Lb 1 image map rage Page 1 of 1 Click -here to view a more detailed_ iiia ____ _PDF File Zoning Map 81 1.0 NE quarter 4 - CHIB17 `aY° Federal Way NE quarter of Kroll D PAGE[0* OF y 47'183.1raw N • 471183.16M0 T S 336TH -ST _ &336TH ST - 'm o4NtBtp3. N RMNOW BCS OGet ff yihi/ R POIfA!'i' 3:�r't9 20•?7.4.69 . �' r' asrt� 2B•21+v r'.AfP>ii5 �` ls.1GI1tESi � ,' � CE�"I En op T ►SAfiiWEE GElifER S4PiP fw M V �7 r 3d OWN - W MY Q � !e�e�2$•i!•1G8 m NiIiICINU WAV tu Q F Amend 1.53 -acres from: 3 Comp. Plan Map Designation: "Multifamily" ''"'' Bp Fo And Zone Map Designation: "RM -2400" to: A IC CO a Comp. Plan Map Designation: "Community Business" and Zone Map Designation: "BC".BC BC ,2� EP R Jw# SC R" B i C a 8 8 a QK IS t i7 :_ m, 76 s fey 47°17 35.625635 N 47° 1736.825535 N L"Ovw: 2)mrq Ueftratio". '1Nedand SO aw. 19N8t,'3tysuney, QWa+d-w Parcels Owned Property landmwk 8 c - Cotnrltu" O Wness are 4poroximate mb addidonai meas may exi$L Zonlrg Bwwwy {�8 *-n) w IAr W WO/ t p . O � e w P2APark Scale: a suoedaite rct a peed purvey. wee' Pubr� Perk C0tD1 0 250 SQ(1 Feet PtFuBte Traci! CNy OMmed Rrope+2!' lane CoureY Common bee OThis map is poo Ivaried by i�") Owned PropoRy "SW1f ^�rrtaa Watsr 1Y1� PI Wic School ne WturB 16ft and is sirtgity wt _ a graphic reprewrft#m. http://www.cityoffederalway.com/folders/home/businesseconomicdevelopmentlcitymaps/g... 9/28/2006 runt Map rage 0 King County MCMM Parcel Map and Data ' ,. awrh(trU;V�r i 2421049004 r` • a�.��ya5a 4u"F' ,94O'+ 'c�7,�€9t:�► ' 2& t�s���5? rJr1T�Rs:�as f Parcel Number 2021049004 Address Zipcode Taxpayer KNIGHT WAYNE B The information included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained on this map. Any sale of this map or information on this map is prohibited except by written permission of King County." rage i of i King CountI GIS Center ( News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. EXHIBIT -P PAGEOF M http://www5.metrokc.gov/parcelviewer/Print Process.asp 9/28/2006 Parcel 202104-9004 KNIGHT WAYNE B Parcel Data Parcel 202104-9004 Present Use Code 309 Name KNIGHT WAYNE B Zoning RM2400 Site Address 33901 PACIFIC HW S 98003 Jurisdiction FEDERAL WAY Geo Area 5540 Property Type Code C Block Lot Legal Description N 1/2 OF N 1/2 OF N 1/2 OF SE 1/4 OF NE 1/4 LY W OF STATE HWAY Location Bank Tide/Shore Restricted Land Data Land SgFt 193,405 Use Exemption Acres 4.44 Environmental No Water WATER DISTRICT Topography No Sewer/Septic PUBLIC Traffic No Taxable Views Taal Yr Rainier No Sound No Olympics No Lk Wash No Cascades No Lk Samm No Territorial No Lk/Riv/Crk No Seattle No Other No Location Bank Tide/Shore Restricted No No No No Waterfront Footage Access Rights Prox. Influence Poor Quality 0 No No No Tag Roll History Appraised Taxable Taal Yr Omit TaxValue Land Val Imp Val Total Land Val IM Val Total Yr Reason . 2007 0 500,000 0 500,000 500,000 0 500,000 2006 0 500,000 0 500,000 500,000 0 500,000 2005 0 500,000 0 500,000 500,000 0 500,000 2004 0 500,000 0 500,000 500,000 0 500,000 2003 0 500,000 0 500,000 500,000 0 500,000 2002 0 500,000 0 500,000 500,000 0 500,000 2001 0 500,000 0 500,000 500,000 0 500,000 2000 0 500,000 0 500,000 500,000 0 500,000 1999 1998 0 0 500,000 0 500,000 500,000 0 500,000 1997 0 258,800 0 258,800 1996 0 258,800 0 258,600 258,800 0 258,800 EXHIBIT D Page 1 of 2 PAGE i Z OF Pnnt Map Page King County rage i or i Parcel Map and Data 1 51£ . - : itdT EFa b� �gti; T' t' 2421449072 2�.�71ayr;;�,� %�1J:"!U•inn"lam f j �f.i ix i.jutt[! 4s _ Parcel Number 2021049072 Address Zipcode Taxpayer CHASE W J TRUST The information included on this map has been compiiedby Kin County staff from a variety of sources and is subject to change without notice. ding &unty makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained on this map. Any sale of this map or Information on this map is prohibited except by written permission of King County." Khg County I GIS Center I News I ServicesI Comments ( Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. EXHIBIT 0 PAGE.o i -ii, http://www5.metrokc.gov/parcelviewer/Print. Process.asp 9/28/2006 Parcel 202104-9072 CHASE W J TRUST Parcel Data Parcel 202104-9072 Present Use Code 316 Name CHASE W J TRUST Zoning RM2400 Site Address 34051 PACIFIC HW S 98003 Jurisdiction FEDERAL WAY Geo Area 55-40 Property Type Code C Block Let Legal Description S 1/4 OF NE 1/4 OF NE 1/4 LESS BEG ON WLY MGN OF SEATTLE -TACOMA HWAY AT A PT 30 FT NELY OF S LN OF SDS 1/4 TH W 200 FT TH N 00-10-12 ETON LN OF SD S 1/4 THE TO HWAY TH SWLY ALG SD HWAY TO BEG ALSO LESS POR TAKEN FOR HWAY Tax Roll History Land Data Land SgFt 337,590 Use Exemption Tax Yr Acres 7.75 Environmental No Water WATER DISTRICT Topography No Sewer/Septic PUBLIC Traffic No 2007 2006 0 0 Views 0 Rainier No Sound No Olympics No Lk Wash No Cascades No Lk Samm No Territorial No Lk/Riv/Crk No Seattle No Other No 0 843,900 Waterfront 843,900 Location No Footage 0 Bank No Access Rights No Tlde/Shore No Prom Influence No Restricted No Poor Quality No Tax Roll History Appraised Taxable Tax Yr omit TaxValue Land Val Imp Val Total Land Val nw Val Total Yr Reason 2007 2006 0 0 843,900 0 843,900 843,900 0 843,900 2005 0 843,900 0 843,900 843,900 0 843,900 2004 0 843,900 0 843,900 843,900 0 843,900 2003 0 843,900 0 843,900 843,900 0 843,900 2002 0 843,900 0 843,900 843,900 0 843,900 2001 0 843,900 0 843,900 843,900 0 843,900 2000 0 843,900 0 843,900 843,900 0 843,900 1999 0 843,900 0 843,900 843,900 0 843,900 1998 0 843,900 0 843,900 843,900 0 843,900 1997 0 775,000 0 775,000 1996 0 775,000 0 775,000 775,000 0 775,000 EXHIBIT -D Page 1 of 2 PAGE__i k __0 M Live Local - Custom Print Options Page 1 of 2 Live Local Sponsored by " powered by Virtual Earth EXHIBIT PAGE -2 -OF http://local.live.com/PrintableMap.aspx?mkt=en-us 9/28/2006 EXHIBIT LD PAGE-.,�.OF e h R r . C�Ct11�31T Ala", %two BMIL DMIM I cu -0 r U) M O CN 0 O N =av A cu cc CD > 0 LL w (D 4) u 4 C.) LL Im 4) 4) U) Q 4-- CL 4) co a 4) E X COM0 r2 dl U *, 0 W C) 0 S) N ZB —X3 R-2 7 . � Tn Mr, 'Oro, him Ol Pif I m :3 0 :3 m U) D)MO E cc r_ M 0 0) LL N 0. 00 :3 cc C:) U) (X) LO 0 > ons CL 0) -or r c- m U. 0 cc U) M (D CY) E cc E CL c CO) cu t ).. (1 ) § ca >, m :3 r-.0 0 m vLL w LL m w w N ¢•9 , ca 16 0 o - (D — E > w r 2) E -� 0 a) 0 F- MA m J 0 VS m O 0 O N A led LL CN .. ... ...... 9 -ld H.M u 4 e) 01 1 cc z r2 dl U J 0 VS m LU fT 1: ju 66• ------- C-4 SO X iiow O 0 O N A led LL CN .. ... ...... u 4 e) 01 1 cc z LDCM g M— S) ZB —X3 R-2 7 . Z 2.5) CN -- uj C.3 LU C.) t- oo N a ca COO ...... .. ... . N C, N C4 C, LU fT 1: ju 66• ------- C-4 SO X iiow O 0 O N A LL .. ... ...... LU fT 1: ju 66• ------- C-4 SO X iiow N N _ u, cu♦, _ — 11 a) CO) t �1 Cl) m (�1 c 4) Ccc � m c = a V m � N x a a°'i 3 c 0LL 0 0 '= RECEIVED BY COMMUNRYDEVELOPMENT DEPAIIMEN MASTER LAND USE APPLICATION CITY OF Federal Way APPLICATION NO(s) — 'N'T'N'T 3 0 2007 DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8'h Avenue South PO Box 9718 ���I�'� Federal Way WA 98063-9718 .� .� JAm6835-2607; Fax 253-835-2609 PAGE. _O "_ 9w cityoffederalway.com o7-105AIG-(4r) I I nor !.1 7/ Date ` p�_�- Project Name NGUYjLN ie -zone, Property Address/Location 25Z'ol & I5?Rn5 _ 49 T"AVS 1J.,, WA 996a3 Parcel Number(s) nlr3.lnla9�i ����nla1�5 Project Description PLEASE PRINT Type of Permit Required Annexation Binding Site Plan Boundary Line Adjustment _ Comp Plan/Rezone Land Surface Modification Lot Line Elimination Preapplication Conference Process I (Director=s Approval) Process II (Site Plan Review) Process III (Project Approval) Process IV (Hearing Examiner's Decision) Process V (Quasi -Judicial Rezone) Process VI SEPA w/Project SEPA Only Shoreline: Variance/Conditional Use Short Subdivision Subdivision Variance: Commercial/Residential Required Information IZN 754e)p Zoning Designation Comprehensive Plan Designation -0 U Value of Existing Improvements Value of Proposed Improvements International Building Code (IBC): NIA Occupancy Type N/ k Construction Type Applicant Name: Traz ik N env Address: j g 3`j � {��i' Agent (if different than Applicant) Name: Address: City/State: Zip: Phone: Fax: Email: Signature: Owner sT City/State: Seca, �/e 1?lil't Zip: , 98A09 Phone: 1o6 ) C_ 9 Fax: Email: (At6L38r, liv-�5 L Signature: (�6) Il Agent (if different than Applicant) Name: Address: City/State: Zip: Phone: Fax: Email: Signature: Owner Name: Tri,� N ell/ Address: City/State: 1935 s.17;0 .1 ;0 a s ST S _ 11le- Zip: W 9�Q�U� Phone: a C �) E 811- 796$ Fax: Email: Signature: (�6) Il 3ulletin #003 — August 18, 2004 Page I of 1 k:\Handouts\Master Land Use Application �D/EPARTMENT OF COMMUNITY DEVELOPMENT SERVICES CITY of RFECEIY ED 33325 8'h Avenue South PO Box 9718 Federal Way 2007 2 Federal Way Fax 98063-9718 SSP 1 9 �3-835-2607; Fax 253-835-2609 www.cityoffederalway.com CITY OF FEDERAL WAY BUILDING DEPT. APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT EXHIBIT 1. SITE SPECIFIC REQUESTS PAGE--Z;;-.OF a) Who may apply? Any person may, personally or through an agent, apply for a decision regarding property he or she owns. b) When can you apply? Application for a proposed amendment must be made by submitting a completed application form to the Community Development Services (CDS) Department between August 15L and 5:00 p.m., September 30`h each year. Applications for a comprehensive plan amendment will not be accepted prior to August I" of each year. Prior to August 15`, any amendment must be docketed with the City (Please refer to Bulletin #025) c) How to apply. The applicant shall file the following information with the Department of Community Development Services: 1) A completed Master Land Use Application. 2) A vicinity map showing the subject property with enough information to locate the property within the larger area. 3) The following site data: a) Tax Parcel No. b) Lot Size/Acreage c) Existing Comprehensive Plan Designation d) Existing Zoning e) Requested Comprehensive Plan Designation f) Requested Zoning 4) Services. Please provide the following information regarding the availability of services: a) The site is currently served fby sewer V /septic _ (check one). Sewer Provider: r o-ke�ve2 b) The site is currently served by a public water system ✓/well _ (check one). Water Provider: lKEVe1L c) Fire District#:-�����`� �ire� lS�c�Pi d) School District#: V �J^ 5) Any additional information or material that the Director of Community Development Bulletin #024 — June 5, 2007 Pagel of 3 k:\Handouts\Comp Plan Amendment Application Services determines is reasonably necessary for a decision on the matter. 6) Prior to issuance of the threshold determination and the public hearing by the Planning Commission, the applicant must submit the following: a) A set of stamped envelopes, and a list of the same, labeled with the name and address of all current owners of real property (as shown in the records of EXHIBIT-, the county assessor for the subject property) within 300 feet of each _.�OF `� boundary of the subject property, with the return address of the Department PAGE �„��of Community Development Services (PO Box 9718, Federal Way, WA 98063).' Note, please do not submit metered envelopes. The Federal Way Post Office may refuse such envelopes. b) A copy of the county assessor's map identifying the properties specified in subsection 6 of this section. 2. OTHER REQUESTS FOR COMPREHENSIVE PLAN AMENDMENTS a) Who may apply? Any person may, personally or through an agent, apply for an amendment to policies of the comprehensive plan. b) How to apply. The applicant shall file a completed Master Land Use application with the Department of Community Development Services. c) Proposed Amendment. A proposed amendment can be either conceptual or specific amendatory language. Please be as specific as possible so that your proposal can be adequately considered. If specific wording changes are proposed, this should be shown in strikee / underline format (please attach additional pages if necessary). d) Reference. Please reference the chapter of the comprehensive plan (e.g., Land Use, Transportation, Housing, Capital Facilities) and page number where located. 3. SUPPORT FOR THE AMENDMENT (Please fill out for all amendments, whether site specific or otherwise) Please explain the need for the amendment (why is it being proposed). Include any data, research, or reasoning that supports the proposed amendment (please attach additional pages if necessary). ' Please see the city's "Mailing Labels" handout and application for information on obtaining addresses. Bulletin #024 — June S, 2007 Page 2 of 3 k:\Handouts\Comp Plan Amendment Application 4. FEE There is no fee for the initial application. If after a public hearing the City Council determines that the request shall be further considered for adoption, site-specific requests must be submitted for a preapplication conference with a non-refundable fee. If after the preapplication conference the applicant decides to pursue the request, the remaining portion of the comprehensive plan amendment fee will be required. A fee must be submitted for all other requests after the selection process. 5. SIGNATURE Signature / Print Name Date If you have any questions about filling out this application form or the amendment process, please contact the Department of Community Development Services at 253-835-2607. Please be advised that an application for a comprehensive plan amendment lacking the required information will not be accepted. EXHIBIT PAGE -Ii -OF_ Bulletin #024 — June 5, 2007 Page 3 of 3 k:\Handouts\Comp Plan Amendment Application Ce) cu 4t AW U r -P-0 cn :3 4) A T) 0. w x C7 4) c U. cr 4) .0Q 00 Cc (3) r 0) 4) n IN U) D) LL 4) 4) fnVI.0Q. r.L L. 4) cl) m c CL X LU Z Q 0U) N 0 4) E X CD C,I) m >. Z o ou ui CD Im C) 0 0 0 4- N cc L SAV 61 co z 14 'CL S AV j O I 1A -coo ty ;AvHift S AV Hift m Co cc r cm C.) cc S AMH 31=11OVd S AMH 31=11:3 CJ Cj ci 15 in 0 z AVS = p --j . C 91 cc LI) r co On 0 LL uj Lo a t.o 0 a 0 dQ E cc o d) LL CL o cL E Cc U) z All E w 90 cc L SAV 61 co z 14 'CL S AV j O I 1A -coo ty ;AvHift S AV Hift m Co cc r cm C.) cc S AMH 31=11OVd S AMH 31=11:3 CJ Cj ci 15 in 0 z AVS = p --j . C 91 cc LI) r co On RECEIVED SEP 7 MASTER LAND USE APPLICATION 2 2007 DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES CITY OF�s CIiY 33325 8"' Avenue South g'14C)EFiAL WAY PO Box 9718 Federal QUltD1NG DEPT. Federal Way WA 98063-9718 253-835-2607; Fax 253-835-2609 www.cityoffederalway.com APPLICATION NO(S) O l 7�- Q — (� %� Date Project Name O Vk- Property Address/Location /i CA- r- �'n - .5 LJ J Z Ws'- W—,) Parcel Number(s) 1 2-L It) 3q p .3 -2 Project Description 4 �--) Co L, -p 2Li, , �y (1 �� ra� � �` Mme'""` �'�'j hO a .IV PLEASE PRINT Type of Permit Required Annexation Binding Site Plan Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification Lot Line Elimination Preapplication Conference Process I (Director=s Approval) Process II (Site Plan Review) Process III (Project Approval) Process IV (Hearing Examiner's Decision) Process V (Quasi -Judicial Rezone) Process VI SEPA w/Project SEPA Only Shoreline: Variance/Conditional Use Short Subdivision Subdivision Variance: Commercial/Residential Required Information �_S LE' D Zoning Designation SF M Comprehensive Plan Designation Value of Existing Improvements Value of Proposed Improvements International Building Code (IBC): Occupancy Type Construction Type Bulletin 4003 - August 18, 2004 Applicant Name: kasz&rek T,.S4e Com Jo3.P.►Cesu�ch Address: g6to7 (,-Icw E_�It p t . itiv, v&, -T c-,/44- City/State: Zip: 3 3-4 3G Phone: Fax: Email: Signature: Agent (if different than Applicant) Name: Li, ti Address: 4 to City/State: S e -o- (L - i W A Zip: � ff to-1- Phone: otPhone: 7_00 ,-76-00'7 6 Fax: Zo e -2-15 4t8X Email: w,l1we a�wf,�H1 .cmM Signature: 12'I't . I Name: �c W J, kuru r�{2t trust �� Address: 46D-) Fw,�j4 Dr, City/State: go j a-�, - 3` ,,A , FL Zip: i�710 Phone: Fax: Email: Signature: Page I of 1 jj�3 •?. �oszs..t�t EXHIBIT..._ PAGE -L -OF k:\Handouts�NfasterLand Use Application <<`vSD DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8'h Avenue South CITY OF PO Box 9718 Federal Way2 0 Federal Way WA 98063-9718 253-835-2607; Fax 253-835-2609 www. cityoffederalway.coni DOCKET FORM DATE OF SUBMITTAL NAME w V, "3 r', 14, A4,,c, k -- L&,, l ADDRESS _i(0 Ot-OCLlwy Wim . I .52��'t�t E wA- qg oL PHONE (please include area code) TYPE (please check one) ZXQmnrPh n"v Ply Development Regulation DESCRIPTION OF DOCKETED ITEM EXHIBIT---L- PAGE-!--OF XHIBIT LPAGE-!--OF Bulletin #026 — August 18, 2004 Page 1 of 1 k:\Handouts\Docket Form NJ EXHIBIT---L- PAGE-!--OF XHIBIT LPAGE-!--OF Bulletin #026 — August 18, 2004 Page 1 of 1 k:\Handouts\Docket Form RECEIVEDDEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 04 33325 8`'' Avenue South CITY of PO Box 9718 Federal Way SEP 2 7 2007 Federal Way WA 98063-9718 253-835-2607; Fax 253-835-2609 CITY GRrid AL w 1Y www.cityoffederalway.com BUILDING DEPT, APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT I. SITE SPECIFIC REQUESTS a) Who may apply. Any person may, personally or through an agent, apply for a decision regarding property he or she owns. b) How to apply. The applicant shall file the following information with the Department of Community Development Services: 1) A completed Master Land Use Application. 2) A vicinity map showing the subject property with enough information to locate the property within the larger area. 3) A copy of the underlying plat or the King County Assessor's parcel map. 4) The following site data: a) Tax Parcel No. b) Lot Size/Acreage c) Existing Comprehensive Plan Designation d) Existing Zoning e) Requested Comprehensive Plan Designation f) Requested Zoning + JJ 5) Services. Please provide the following information regarding the availability of services: a) The site is currently served by sewer X/septic _ (check one). Sewer Provider: ?JSl' L b) The site is currently served by a public water system Y/well _ (check one) Water Provider: L7" -A, 'D % s�n j - c) Fire District#: d) School District#: EXHIBIT PAGE_I,OF-Lli,„ 6) Any additional information or material that the Director of Community Development Services determines is reasonably necessary for a decision on the matter. 7) Prior to issuance of the threshold determination and the public hearing by the Planning Commission, the applicant must submit the following: Bulletin #024 — August 23, 2006 Page i of 3 k:\Handouts\Comp Plan Amendment Application a) A set of stamped envelopes, and a list of the same, labeled with the name and address of all current owners of real property (as shown in the records of the county assessor for the subject property) within 300 feet of each boundary of the subject property, with the return address of the Department of Community Development Services (PO Box 9718, Federal Way, WA 98063).2 Note, please do not submit metered envelopes. The Federal Way Post Office may refuse such envelopes. b) A copy of the county assessor's map identifying the properties specified in subsection 6 of this section. EXHIBIT -Y.- 2. OTHER REQUESTS FOR COMPREHENSIVE PLAN AMENDMENTS PAGE--Li-OF ... k---' a) Who may apply. Any person may, personally or through an agent, apply for an amendment to policies of the comprehensive plan. b) How to apply. The applicant shall file a completed Master Land Use application with the Department of Community Development Services. c) Proposed Amendment. A proposed amendment can be either conceptual or specific amendatory language. Please be as specific as possible so that your proposal can be adequately considered. If specific wording changes are proposed, this should be shown in &•^ti underline format (please attach additional pages if necessary). d) Reference. Please reference the chapter of the comprehensive plan (e.g., Land Use, Transportation, Housing, Capital Facilities) and page number where located. 3. SUPPORT FOR THE AMENDMENT (Please fill out for all amendments, whether site specific or otherwise) Please explain the need for the amendment (why is it being proposed). Include any data, research, or reasoning that supports the proposed amendment (please attach additional pages if necessary). 2 Please see the city's "Mailing Labels" handout and application for information on obtaining addresses. Bulletin #024 — August 23, 2006 Page 2 of 3 k:\Handouts\Comp Plan Amendment Application 4. FEE There is no fee for the initial application. If after a public hearing the City Council determines that the request shall be further considered for adoption, site-specific requests must be submitted for a preapplication conference with a non-refundable fee. If after the preapplication conference the applicant decides to pursue the request, the remaining portion of the comprehensive plan amendment fee will be required. A fee must be submitted for all other requests after the selection process. 5. SIGNATURE Date W. AWo Print Name Z7 . Zoo If you have any questions about filling out this application form or the amendment process, please contact the Department of Community Development Services at 253-835-2607. Please be advised that an application for a comprehensive plan amendment lacking the required information will not be accepted. EXHIBIT F PAGE-3-OF�_ Bulletin #024 — August 23, 2006 Page 3 of 3 k:\Handouts\Comp Plan Amendment Application 09/18/2007 11:54 5617424298 AEROSERVICES US, IV/cuur 1a:41 PAA b*47lG;3U4Ztf ,inrrt V"Urttsir RECEIVE© SEP 2 7 2007 PAGE 01/01 W VU 11001 The Joseph P. Koszarek Living Trust by Petff�g .. F Tr i e P LL ro� Trustee hereby appoints On Dash omtf C th g William F. Wright, Attorney at Law as its agent for the purposes of application to the City of Federal Way for a Comprehensive Pian Amendment concerning the property located in Federal Way, Washington identified as Assessor's Parcel # 1221039037. Sin this da of E O Singed t s y September, 2007 at (� ), The Jose P. 9szarek Living Trust by Peter J. Trustee Koszarek, EXHIBIT PAGE OF_�_ WILLIAM F. WRIGHT RECEIVED Attorney at Law 1 A NTr9clo(lA CITY OF FEDERAL WAY CDS January 11, 2008 VIA Personal Delivery City of Federal Way EXH 1 B IT F Department of Community Development Services PAGE---Or_:.}..— Atm. Isaac Conlan 33325 8th Ave. S. Federal Way, WA 98063 Re: Comprehensive Plan Amendment – Parcel # 1221039037 In response to our previous discussion, I am writing to revise the Comprehensive Plan Amendment/ Rezone application previously filed on behalf of One Dash Point, LLC, Agent for the Joseph P. Koszarek Living Trust, by Peter J. Koszarek, Trustee ("Applicant'). We are requesting that the previously submitted application be revised, and that as a preferred alternative the Federal Way Comprehensive Plan be amended changing the land use designation for Parcel # 1221039037 ("subject property") from Single Family Medium Density to Multi Familv Residential, and that the zoning designation be changed to RNI 2400. As noted in the original application, the subject property is designated Single Family Medium Density, while the adjoining properties to the East are designated Neighborhood Business, to the North are Single Family High Density and to the South and west Single Family Medium Density. This change to RM 2400 is consistent with the Comprehensive Plan in that it retains the residential characteristic of the property while allowing for a development that is flexible and well suited for this parcel. The parcel itself presents environmental challenges that must be accounted for in any development. Since the MFR/RM 2400 zone allows for 18 units per acre, it is anticipated that town home style units can be clustered to allow for any buffering needed. The requested change is consistent with the Federal Way Comprehensive Plan. As recognized in Chapter 5 of the Plan, "The availability of diverse housing choices and affordable housing for all income groups is essential to a stable, healthy, and thriving community." The Comp Plan suggests the following: The CWPPs also suggest local actions to encourage development of affordable housing. These may include, but are not limited to, 410 BROADWAY AVE. E. #454, SEATTLE, WA 98102 PHONE: 253-225-0927: 206-713-0076 - FAX: 206-219-5688 City- of Federal Wav Department of Community Development Services 33325 8th Ave. S. Federal Way, WA 98063 —2— providing 2 - providing sufficient land zoned for higher housing densities, revision of development standards and permitting procedures, reviewing codes for redundancies and inconsistencies, and providing opportunities for a range of housing types. Federal Way must provide entry-level homes for this existing and future population if they are to remain in the community. Typically, first time homebuyer opportunities are in the form of smaller single- family homes, townhouses, and condominiums. Ch. 5.2 January 11, 2008 Federal Way's housing provides only a narrow range of choices and does not fully reflect the range of housing options that could be built. The current housing stock is predominantly a mix of single family detached homes and multi family apartments. Ch. 5.2. This lack of housing choice creates a situation where an increasing number of families find it difficult to obtain suitable housing in the community. It affects empty nesters and couples that have raised their families and who for life-style reasons, no longer need or want a large single-family house and the associated maintenance. Young adults, students, young married couples, and low-income workers would like to live in the community where they grew up or currently work, but often cannot find a house that fits their housing needs or cannot afford the available housing. Ch. 5.2. Although no city can guarantee that the housing built will be affordable to all income groups, cities can encourage and facilitate housing that is more affordable using factors it does control, such as land use regulations. For instance, the City can ensure that it has an adequate amount of land zoned to facilitate the development of affordable housing opportunities, such as smaller lot sizes, townhouses, cottage housing, cluster housing, accessory dwelling units, duplexes, triplexes, small-scale apartments, senior apartments, and single -room -occupancy housing. Ch. 5.2 Rezoning the property RM 2400 will increase the availability of land suitable for such development, and is specifically consistent with the following Comp Plan goals and 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. 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. EXHIBIT_._..._... PAGE -L -OF_ City of Federal W`ay Department of Community Development Services 33325 8th Ave. S. Federal Way, WA 98063 —3— January 11, 2008 LUG4 Provide a wide range of housing types and densities commensurate with the community's needs and preferences. HG HP2 Amend development regulations to accommodate a diverse range of housing forms that are compatible with neighborhood character and create an effective transition between the City Center, business areas, and residential neighborhoods. HG3 HP13 Continue to use design guidelines to ensure that new and infill developments have aesthetic appeal and blend into surrounding development. HP14 Establish appropriate minimum densities for each zone and encourage new residential development to achieve maximum allowable density based on gross area to ensure that the City can house the anticipated population growth. HP19 Increase the amount of undeveloped open spaces in both infill and new development parcels, by expanding the use of cluster development and allowing housing techniques such as lot averaging, and zero lot line standards. In conclusion, we are requesting that the previously submitted application be revised, and that as a preferred alternative the Federal Way Comprehensive Plan be amended changing the land use designation for Parcel # 1221039037 from Single Family Medium Density to Multi Family Residential, and that the zoning designation be changed to RM 2400. Thank you for your consideration. Please contact me if additional information is required. Sincerely, 41 �I- William E Wright, Attorney at Law EXHIBIT -L. PAGE---q-OF i` WILLIAM F. WRIGHT Attorney at Law September 27, 2007 VIA Personal Delivery City of Federal Way Department of Community Development Services 33325 8th Ave. S. r Federal Way, WA 98063 Re: Comprehensive Plan # 1221039037 EXHIBIT PAGE OF1'_ I am writing on behalf of One Dash Point, LC, Agent for the Joseph P. Koszarek Living Trust, by Peter J. Koszarek, Trustee ("App lic t owners of the property located near 21st Avenue SW in Federal Way. The owners ask thatJFe eral Wap Comprehensive Plan be amended changing the land use designation for Parcel # 1221 037 ("subject property") from Single Family Medium Density to Neighborhood Buse ss. The Applicant seeks an amen ent t the Comprehensive Plan changing the Land Use designation of this parcel to "Neighbor CIA siness" (BN). The subject property is designated Single Family Medium Density, but contains r impediments to successful residential development. The adjoining properties to e t are esignated Neighborhood Business, to the North are Single Family High Density an to the outh and west Single Family Medium Density. The subject property is not s le on the whole for residential development. The property has a deep ravine setting apart approximately one-third of the developable area, and the remainder of the property presents challenges due to the presence of wetlands and a stream corridor. Because of these challenges, extension of the neighboring subdivision to the north via 22nd Ave. SW is likely not viable, and the remaining access is from 21st Ave. SW. A neighborhood business use could utilize a smaller portion of the parcel, and could provide an economically viable use for what is otherwise a challenging property. Amending to BN would allow for flexibility in developing a more viable use on the 21st Ave. SW side, which could in turn provide better buffering and protection of the stream, wetlands and ravine areas of the property. The overall vision of the Federal Way Comprehensive Plan states that "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." Specifically the proposed amendment is consistent with the following Land Use Policies: 410 BROADWAY AVE. E. #454, SEATTLE, WA 98102 PHONE: 253-225-0927: 206-713-0076 - FAX: 206-219-5688 City of Federal Way Department of Community Development Services 33325 8th Ave. S. Federal Way, WA 98063 — 2 — September 27, 2007 LUP9 Designate and zone land to provide for Fe 1 ay's share of regionally adopted demand forecasts for residential, commercial, and industri 1 us s for the next 20 years. LUP44 Encourage neighborhood retail and personal services to locate at appropriate locations where local economic demand and design solu l ns demonstrate compatibility with the neighborhood. LUP45 Retail and personal services should be encouraged to group together within planned centers to allow for ease of pedestrian movement. LUP49 In designating new or expanding exis Neighborhood Business centers, the adjacent zoning and land use shall be carefully considre New Neighborhood Business centers are most appropriately located adjacent to multiple fa d high-density single-family residential areas. Amending the Comprehensive Plan and c .lasbusiness this parcel to the BN "Neighborhood Business" zone would,allow for viable development fre 21st Ave. SW access. The eastern portion of the lot abuts 21st Ave. SW and is most desirable site. Neighboring businesses include a self-service storage facility. Amendment would be consistent with and expand the current adjoining zoning, allowing for a commercially viase at is virtually impossible in the current plan designation. Thank you for your consideration. Ple e contact me if additional information is required. 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RECEIVED MASTER LAND USE APPLICATION DEPARTMENT OF CommuNrrY DEVELOPMENT SERVICES CITY OF 4:�kd'f- 33325 8`h Avenue South OCT 0 i 2007 PO Box 9718 Federal W_aY Federal Way WA 98063-9718 CITY OF FEDERAL WAY 253-835-2607; Fax 253-835-2609 BUILDING DEPT, www.cityoffederalwgy.com APPLICATION NO(s) z: 6,1, t 5 L �__y — 00 Date Project Name Ltzilfv> Property Address/Location 6 � ` L'- �2/t-�-�� � ' Parcel Number(s) Project Description A) PLEASE PRINT lZ•/l -,-/ Type of Permit Required Annexation Binding Site Plan Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification Lot Line Elimination Preapplication Conference Process I (Director=s Approval) Process II (Site Plan Review) Process III (Project Approval) Process IV (Hearing Examiner's Decision) Process V (Quasi -Judicial Rezone) Process VI SEPA w/Project SEPA Only Shoreline: Variance/Conditional Use Short Subdivision Subdivision Variance: Commercial/Residential Required Information 2s9. (4—Zoning Designation Comprehensive Plan Designation Value of Existing Improvements Value of Proposed Improvements International Building Code (IBC): Occupancy Type Construction Type S Applicant r Name: ":j Address: '7141 L ' 3 l City/State: �'- cL�. � C t c iv .! Zip: `1 Phone: Fax: (� Z 6, 7.2, ` LI Email: Signature: Agent (if different than Applicant) Name: Address: City/State: Zip: Phone: Fax: Email: Signature: Owner Name: Address: City/State: ei4 y IL"Irl Zip: Phone: Fax: 7 ?, Email: Signature: 46cf�_ EXHIBIT PAGE I Bulletin #003 — August 18, 2004 Page 1 of 1 k:\Handouts\Master Land Use Application DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8th Avenue South CITY OF PO Box 9718 Federal Way Federal Way 98063-9718 253-835-2607; Fax 253-835-2609 www.cityoffederalwa .con APPLICATION FOR COMPREHENSIVE PLAN AMENDMENT EXHIBIT 6 1. SITE SPECIFIC REQUESTS PAGE -1 a) Who may apply? Any person may, personally or through an agent, apply for a decision regarding property he or she owns. b) When can you apply? Application for a proposed amendment must be made by submitting a completed application form to the Community Development Services (CDS) Department between August I" and 5:00 p.m., September 30"' each year. Applications for a comprehensive plan amendment will not be accepted prior to August Is' of each year. Prior to August Is', any amendment must be docketed with the City (Please refer to Bulletin #025) c) How to apply. The applicant shall file the following information with the Department of Community Development Services: 1) A completed Master Land Use Application. 2) A vicinity map showing the subject property with enough information to locate the property within the larger area. 3) The following site data: a) Tax Parcel No. b) Lot Size/Acreage c) Existing Comprehensive Plan Designation d) Existing Zoning e) Requested Comprehensive Plan Designation 0 Requested Zoning 4) Services. Please provide the following information regarding the availability of services: a) The site is currently served by sewer ✓/septic _(check one). Sewer Provider: (afu b) The site is currently served by a public water system je.(ell _ (check one). Water Provider: Q5 64 1,0,C4V0-& . c) Fire District#:'G'Z'- r j �' �/•i�L= d) School District#: 5) Any additional information or material that the Director of Community Development Bulletin #024 — June 5, 2007 Page I of 3 k:\Iiandouts\Comp Plan Amendment Application Services determines is reasonably necessary for a decision on the matter. 6) Prior to issuance of the threshold determination and the public hearing by the Planning Commission, the applicant must submit the following: a) A set of stamped envelopes, and a list of the same, labeled with the name and address of all current owners of real property (as shown in the records of the county assessor for the subject property) within 300 feet of each boundary of the subject property, with the return address of the Department of Community Development Services (PO Box 9718, Federal Way, WA 98063).' Note, please do not submit metered envelopes. The Federal Way Post Office may refuse such envelopes. b) A copy of the county assessor's map identifying the properties specifteEXHIBIT subsection 6 of this section. PAGE 3 GF 2. OTHER REQUESTS FOR COMPREHENSIVE PLAN AMENDMENTS a) Who may apply? Any person may, personally or through an agent, apply for an amendment to policies of the comprehensive plan. b) How to apply. The applicant shall file a completed Master Land Use application with the Department of Community Development Services. c) Proposed Amendment. A proposed amendment can be either conceptual or specific amendatory language. Please be as specific as possible so that your proposal can be adequately considered. If specific wording changes are proposed, this should be shown in stfikeetW underline format (please attach additional pages if necessary). d) Reference. Please reference the chapter of the comprehensive plan (e.g., Land Use, Transportation, Housing, Capital Facilities) and page number where located. 3. SUPPORT FOR THE AMENDMENT (Please fill out for all amendments, whether site specific or otherwise) Please explain the need for the amendment (why is it being proposed). Include any data, research, or reasoning that supports the proposed amendment (please attach additional pages if necessary). ' Please see the city's "Mailing Labels" handout and application for information on obtaining addresses. Bulletin #024 — June 5, 2007 Page 2 of 3 k:\Handouts\Comp Plan Amendment Application 4. FEE There is no fee for the initial application. If after a public hearing the City Council determines that the request shall be further considered for adoption, site-specific requests must be submitted for a preapplication conference with a non-refundable fee. If after the preapplication conference the applicant decides to pursue the request, the remaining portion of the comprehensive plan amendment fee will be required. A fee must be submitted for all other requests after the selection process. 5. S NATURE 5ignat Fo Kr' X , to /c5 Print N Date r If you have any questions about filling out this application form or the amendment process, please contact the Department of Community Development Services at 253-835-2607. Please be advised that an application for a comprehensive plan amendment lacking the required information will not be accepted. 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